2008-26838 ResoRESOLUTION NO. 2008-26838
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPOINTING
THE ELEVEN MEMBERS OF THE AFFORDABLE HOUSING
ADVISORY COMMITTEE CREATED PURSUANT TO AND IN
ACCORDANCE WITH FLORIDA STATUE § 420.9073
WHEREAS, on May 14, 2008, the Mayor and City Commission passed Ordinance
No. 2008-3605 amending Chapter 2 of the Miami Beach City Code, Creating Division 12.5
thereof entitled "Affordable Housing Advisory Committee"("AHAC"), Section 2-167 thereof
providing for said Committee's powers and duties, composition and membership; and
WHEREAS, pursuant to City of Miami Beach Ordinance No. 2008-3605, AHAC
shall consist of 11 voting members with two year terms. The members of AHAC shall be
appointed at large by a majority vote of the Mayor and City Commission.
The Committee must include:
1. One citizen who is actively engaged in the residential home
building industry in connection with affordable housing.
2. One citizen who is actively engaged in the banking or mortgage
banking industry in connection with affordable housing.
3. One citizen who is a representative of those areas of labor actively
engaged in home building in connection with affordable housing.
4. One citizen who is actively engaged as an advocate for low-
income persons in connection with affordable housing.
5. One citizen who is actively engaged as afor-profit provider of
affordable housing.
6. One citizen who is actively engaged as anot-for-profit provider of
affordable housing.
7. One citizen who is actively engaged as a real estate professional
in connection with affordable housing.
8. One citizen who actively serves on the local planning agency
pursuant to Florida Statute § 163.3174.
9. One citizen who resides within the jurisdiction of the local
governing body making the appointments.
10. One citizen who represents employers within the jurisdiction.
11. One citizen who represents essential services personnel, as
defined in the local housing assistance plan.
Members of the Loan Review Committee, Community Development Advisory Committee,
Planning Board, and Miami Beach Housing Authority, may be appointed to fill one of the
above 11 categories and serve as ex-officio voting members of this 11 member Affordable
Housing Advisory Committee. If the City, due to the presence of a conflict of interest
by prospective appointees, or other reasonable factor, is unable to appoint a citizen
actively engaged in these activities in connection with affordable housing, a citizen
engaged in the activity without regard to affordable housing may be appointed; and
WHEREAS, the following individuals are appointed next to the corresponding
category number to fill the eleven (11) positions on AHAC:
CATEGORY NAME
1 Brian Ehrlich
2 David Smith
3 Stephanie Berman
4 Ada Llerandi
5 Robert Saland
6 Roberto Datorre
7 Michael Bernstein
8 Jonathan Fryd
9 Clark Reynolds
10 Dr. Barry Ragone
11 Lianne Pastoriza
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission appoint the individuals listed above as the eleven (11) voting members of the
"Affordable Housing Advisory Committee".
PASSED AND ADOPTED this 25th day of .Tune , 2008.
ATTEST:
4 ~2~
CITY CLERK
Robert Parcher
MA OR
Matti Herrera Bower
APPROVED AS TO
FORM & LANGUAGE
e~ FOR EXECUTION
C Attome D to
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution appointing the eleven (11) members of the Affordable Housing Advisory Committee created
pursuant to, and in accordance with, Florida Statutes.
Increase access to affordable housing.
Supporting Data (Surveys, Environmental Scan, etc.): Fifty-one percent of residents in the Community
Satisfaction Survey (2007) ranked housing for households earning less than $80,000 as something the
City should most ensure.
Issue:
Shall the Mayor and City Commission appoint the 11 members of the Affordable Housing Advisory
Committee?
Miami Beach City Code, Creating Division 12.5 thereof entitled Affordable Housing Advisory Committee Section
2-167. The Committee shall consist of eleven voting members with two year terms.
Categories and members appointed to each category are:
1. One citizen who is actively engaged in the residential home building industry in connection with affordable
housing -Not Filled
2. One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable
housing -David Smith
3. One citizen who is a representative of those areas of labor actively engaged in home building in connection
with affordable housing -Not Filled
4. One citizen who is actively engaged as an advocate for low-income persons in connection with affordable
housing -Ada Llerandi
5. One citizen who is actively engaged as afor-profit provider of affordable housing -Robert Saland
6. One citizen who is actively engaged as anot-for-profit provider of affordable housing -Roberto Datorre
7. One citizen who is actively engaged as a real estate professional in connection with affordable housing -
Michael Bernstein
8. One citizen who actively serves on the local planning agency pursuant to Florida Statute § 163.3174 -
Jonathan Fryd
9. One citizen who resides within the jurisdiction of the local governing body making the appointments -Clark
Reynolds
10. One citizen who represents employers within the jurisdiction - Dr. Barry Ragone
11. One citizen who represents essential services personnel, as defined in the local housing assistance plan -Not
Filled
The City Commission must appoint by resolution, all eleven members by no later than June 30, 2008. Failure to
appoint all committee members by June 30, 2008 can result in the termination of SHIP funding.
The Administration recommends the (3) vacant positions be filled and the entire 11 member committee be appointed
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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: June 25, 2008 F
;'
SUBJECT: A RESOLUTION OF THE MAY AND COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPOINTING THE ELEVEN MEMBERS OF THE
AFFORDABLE HOUSING ADVISORY COMMITTEE CREATED PURSUANT
TO AND IN ACCORDANCE WITH FLORIDA STATUTE §420.9073
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
BACKGROUND
In 1992, the William E. Sadowski Affordable Housing Act established the State Housing
Initiatives Partnership (SHIP) program, which is administered by the Florida Housing
Finance Agency (FHFA). Program funds derive from set-aside allocations from
documentary stamp levies on real estate transactions.
Annually the City receives approximately $500,000 in SHIP funding. As per the City's last
SHIP allocation (FY 07/08), we have received a total of $6,147,853 in SHIP funding. In
partnership with Miami Beach Community Development Corporation (MBCDC), the City has
assisted over 500 families through housing counseling, first time buyer and housing
rehabilitation programs.
In 2007, the Florida Legislature passed House Bill 1375 requiring cities and counties
receiving SHIP funds to appoint an Affordable Housing Advisory Committee (AHAC). Rule
67-37-010 (Local Affordable Housing Advisory Committees and Incentive Strategies)
became effective February 21, 2008 and dictates that a county or eligible municipalitywhich
does not have an established Affordable Housing Advisory Committee shall establish said
committee and appoint all required members by June 30, 2008.
On May 14, 2008, the Mayor and City Commission passed Ordinance No. 2008-3605
amending Chapter 2 of the Miami Beach City Code, Creating Division 12.5 thereof entitled
"Affordable Housing Advisory Committee" Section 2-167. The Affordable Housing Advisory
Committee (AHAC) consists of 11 voting members with two year terms. The members of
the Affordable Housing Advisory Committee are appointed at large by a majority vote of the
Mayor and City Commission.
The Affordable Housing Advisory Committee is statutorily required to engage in certain,
specific activities. Namely, the advisory committee must triennially review established
policies and procedures, ordinances, land development regulations and the adopted local
government comprehensive plan of the appointing local government and recommend
specific actions or initiatives to encourage or facilitate affordable housing, while protecting
the ability of the property to appreciate in value.
Commission Memorandum
Affordable Housing Advisory Committee 2007-2008
June 25, 2008
Page 2 of 3
Listed below are the eleven categories and the eight members appointed by the Mayor and
City Commission on May 21, 2008.
Category Member
1. One citizen who is actively engaged in the
residential home building industry in connection
with affordable housing.
2. One citizen who is actively engaged in the David Smith
banking or mortgage banking industry in
connection with affordable housing.
3. One citizen who is a representative of those
areas of labor actively engaged in home building in
connection with affordable housing.
4. One citizen who is actively engaged as an Ada Llerandi
advocate for low-income persons in connection
with affordable housing.
5. One citizen who is actively engaged as a for- Robert Saland
profit provider of affordable housing.
6. One citizen who is actively engaged as a not- Roberto Datorre
for-profit provider of affordable housing.
7. One citizen who is actively engaged as a real Michael Bernstein
estate professional in connection with affordable
housing.
8. One citizen who actively serves on the local Jonathan Fryd
planning agency pursuant to Florida Statute §
163.3174.
9.One citizen who resides within the jurisdiction of Clark Reynolds
the local governing body making the
appointments.
10. One citizen who represents employers within Dr. Barry Ragone
the jurisdiction.
11. One citizen who represents essential services
personnel, as defined in the local housing
assistance plan.
The Florida Housing Coalition conducted a conference call between State staff and municipalities on
June 3`d to clarify the composition regulations for the newly created AHAC. During this conference
call, State staff confirmed that all eleven (11) committee members must be appointed by
resolution by June 30, 2008, or the jurisdiction will not be eligible for funding. Subsequent
vacancies and substitutions may be resolved by each municipality's internal policies and regulations.
However, State staff explained that Florida Statute 420.9076(2) governing the establishment of the
AHAC, states:
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Commission Memorandum
Affordable Housing Advisory Committee 2007-2008
June 25, 2008
Page 3 of 3
"If a county or eligible municipality whether due to its small size, the presence of a
conflict of interest by prospective appointees, or other reasonable factor, is unable to
appoint a citizen actively engaged in these activities in connection with affordable
housing, a citizen engaged in the activity without regard to affordable housing maybe
appointed."
State staff cautioned that any appointments made without regard to affordable housing, and the
rationale for those decisions, must be thoroughly documented.
On June 1, 2008, an advertisement was placed in the Miami Herald soliciting applications from City
residents and/or business owners who are interested in serving on AHAC in the vacant categories.
The advertisement requested that all applications'be returned to the City Clerk no later than Friday,
June 13, 2008. In response to the advertisement, applications were received for consideration for
appointment. On June 18, 2008, the names of those applicants were provided to the City
Commission via an LTC.
CONCLUSION
The City Commission must appoint, by resolution, all eleven members of the AHAC by no
later than June 30, 2008. Failure to create the Affordable Housing Advisory Committee and
to appoint committee members by the due date of June 30, 2008 can result in termination
of SHIP funding.
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