Miami-Dade Legislative Item
File Number: 071498
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File Number: 071498 File Type: Ordinance Status: Withdrawn
Version: 0 Reference: Control: Economic Development and Human Services Committee
File Name: AFFORDABLE HOUSING ADVISORY BOARD Introduced: 5/11/2007
Requester: NONE Cost: Final Action: 6/19/2007
Agenda Date: 5/22/2007 Agenda Item Number: 4A
Notes: x/071496 Title: ORDINANCE AMENDING SECTION 17-106 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA RELATING TO THE AFFORDABLE HOUSING ADVISORY BOARD (AHAB) TO ELIMINATE THE REQUIREMENT THAT CERTAIN MEMBERS HAVE EXPERIENCE IN OR BE CONNECTED TO AFFORDABLE HOUSING; RESTRICTING AHAB MEMBERSHIP TO THOSE QUALIFIED PERSONS WHO ARE NOT EMPLOYED BY OR AN OFFICER OF ANY ENTITY THAT RECEIVES OR APPLIES FOR FUNDING FROM MIAMI-DADE COUNTY THROUGH THE AHAB; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE(SEE AGENDA ITEM NO. 071496)
Indexes: NONE
Sponsors: Audrey M. Edmonson, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Economic Development and Human Services Committee 6/19/2007 1E2 Withdrawn P
REPORT: During consideration of changes to today's agenda, the Committee withdrew the foregoing proposed ordinance.

Board of County Commissioners 5/22/2007 Scheduled for a public hearing Economic Development and Human Services Committee 6/13/2007

Board of County Commissioners 5/22/2007 4A Adopted on first reading 6/13/2007 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Economic Development and Human Services Committee on June 13, 2007 at 9:30 A.M.

County Attorney 5/11/2007 Referred Economic Development and Human Services Committee 6/13/2007

County Attorney 5/11/2007 Assigned Mandana Dashtaki 5/10/2007

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 17-106 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA RELATING TO THE AFFORDABLE HOUSING ADVISORY BOARD (AHAB) TO ELIMINATE THE REQUIREMENT THAT CERTAIN MEMBERS HAVE EXPERIENCE IN OR BE CONNECTED TO AFFORDABLE HOUSING; RESTRICTING AHAB MEMBERSHIP TO THOSE QUALIFIED PERSONS WHO ARE NOT EMPLOYED BY OR AN OFFICER OF ANY ENTITY THAT RECEIVES OR APPLIES FOR FUNDING FROM MIAMI-DADE COUNTY THROUGH THE AHAB; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, the William E. Sadowski Affordable Housing Act (“Sadowski Act”) was signed into law on July 7, 1992, and subsequently incorporated into Chapter 420 of the Florida Statutes, which established a dedicated revenue source for local governments as an incentive to create partnerships that produce and preserve affordable homeownership and multifamily housing benefiting very low, low, and moderate income persons; and
WHEREAS, in order to receive an annual allocation through the, State Housing Initiatives Partnership Program (SHIP), which was created by the Sadowski Act, local governments are required to establish a local housing assistance program by Ordinance; and
WHEREAS, pursuant to the Sadowski Act, this Board adopted Section 17-106 of the Code creating the Affordable Housing Advisory Board (AHAB), and setting forth AHAB’s membership, composition, terms of office, qualifications, organization and procedure, applicability of County rules and procedures, powers and duties, reporting requirements and staff support; and
WHEREAS, AHAB serves as the County’s affordable housing committee and consists of fifteen (15) members, thirteen (13) of which are appointed by the BCC, one (1) is appointed by the Mayor, and one (1) is appointed by the Overall Tenant Advisory Council; and
WHEREAS, §420.9076(2), Fla. Stat. requires and specifies that nine (9) of the thirteen (13) members of the AHAB have a connection with affordable housing; and
WHEREAS, §420.9076(2), Fla. Stat. provides that “[i]f 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 may be appointed;” and
WHEREAS, the Miami-Dade Grand Jury’s final Spring 2006 report on the Miami Dade Housing Agency, made specific recommendations concerning the need to change the structure of the AHAB to avoid conflicting situations; and
WHEREAS, having members of AHAB that are connected to entities that receive AHAB funding undermines the public’s confidence in the fairness of the process intended to support and fund affordable housing projects; and
WHEREAS, this Board desires to maintain the integrity of the structure of the AHAB, in light of its recommendations to this Board on affordable housing incentives,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 17-106 of Article VI of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
ARTICLE VI.

LOCAL HOUSING ASSISTANCE PROGRAM

* * *
Sec. 17-106(c). Composition.
The voting membership shall be ethnically, racially, geographically, and gender balanced and shall be composed of the following members:
(1) The Board of County Commissioners shall appoint thirteen (13) members:
i. One (1) citizen actively engaged in the residential home building industry [[in connection with affordable housing]] as required by 420.9076(2), Florida Statutes.
ii. One (1) citizen actively engaged in the banking or mortgage banking industry [[in connection with affordable housing]] as required by 420.9076(2), Florida Statutes.
iii. One citizen representative of the areas of labor actively engaged in home building [[in connection with affordable housing]] as required by 420.9076(2), Florida Statutes.
iv. One citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing as required by 420.9076(2), Florida Statutes.
v. One citizen who is actively engaged as a for-profit provider of [[affordable]] housing as required by Section 420.9076(2), Florida Statutes.
vi. One (1) citizen who is actively engaged as a not-for profit provider of affordable housing as required by 420.9076(2), Florida Statutes.
vii. One (1) citizen who is actively engaged as a real estate professional [[in connection with affordable housing]] as required by 420.9076(2), Florida Statutes.
viii. One (1) citizen who actively serves on the local planning agency pursuant to Section 163.3174, Florida Statutes as required by Section 420.9076(2), Florida Statutes.
ix. One (1) citizen who resides within the jurisdiction of the local governing body making the appointments as required by Section 420.9076(2), Florida Statutes.
x. For the remaining four (4) member positions, the Board of County Commissioners may consider the appointment of a member of the construction industry, a local community development corporation, attorney, architect, engineer, or planning professionals.

* * *

Sec. 17-106(e). Qualification.
Each member of the Affordable Housing Advisory Board shall comply with the requirements of Section 2-11.38 of the Code of Miami-Dade County. Furthermore, a citizen shall not be eligible to serve on the Affordable Housing Advisory Board if that citizen owns a financial interest in, >>is employed by, or is an officer of<< any entity that receives or applies for funding from Miami-Dade County through the Affordable Housing Advisory Board. >>Additionally, pursuant to §420.9076(2), Fla. Stat., if, due to a presence of a conflict of interest by prospective appointees, or other reasonable factor, the Board is unable to appoint a citizen actively engaged in the fourth, sixth, eighth, ninth, or tenth statutorily required appointments in connection with affordable housing, a citizen engaged in the activity without regard to affordable housing may be appointed.<<

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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