Miami-Dade Legislative Item
File Number: 181082
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File Number: 181082 File Type: Resolution Status: Adopted
Version: 0 Reference: R-617-18 Control: Board of County Commissioners
File Name: ELDERLY HOUSING FACILITIES DURING NATURAL DISASTERS Introduced: 4/25/2018
Requester: NONE Cost: Final Action: 6/5/2018
Agenda Date: 6/5/2018 Agenda Item Number: 11A6
Notes: Title: RESOLUTION DIRECTING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO REQUIRE AS A CONDITION OF RECEIPT OF STATE HOUSING INITIATIVE PARTNERSHIP, DOCUMENTARY STAMP SURTAX, HOME INVESTMENT PARTNERSHIPS, COMMUNITY DEVELOPMENT BLOCK GRANT, BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAMS, AND OTHER AFFORDABLE HOUSING FUNDS FOR ELDERLY HOUSING, THAT ALL DEVELOPERS, BORROWERS, OR GRANTEES OF SUCH FUNDS HAVE A NATURAL DISASTER PLAN AND MEET OTHER REQUIREMENTS SET FORTH HEREIN; REQUIRING THAT THE COUNTY’S REQUEST FOR APPLICATIONS, LOAN FUNDING AGREEMENTS OR GRANT AGREEMENTS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND/OR REHABILITATING AFFORDABLE ELDERLY HOUSING SHALL CONTAIN PROVISIONS REQUIRING SUCH NATURAL DISASTER PLAN; URGING ALL DEVELOPERS, BORROWERS OR GRANTEES WHO HAVE RECEIVED FUNDS FROM SUCH PROGRAMS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND/OR REHABILITATING AFFORDABLE ELDERLY HOUSING PRIOR TO THE EFFECTIVE DATE OF THIS RESOLUTION TO IMPLEMENT SOME OR ALL OF THE REQUIREMENTS SET FORTH HEREIN; CREATING EXCEPTIONS; DIRECTING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO POST OR OTHERWISE MAKE AVAILABLE THIS RESOLUTION; AND REQUIRING A REPORT
Indexes: ELDERLY
  DISASTER
  PLAN
Sponsors: Audrey M. Edmonson, Prime Sponsor
  Daniella Levine Cava, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Joe A. Martinez, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Xavier L. Suarez, Co-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

Board of County Commissioners 6/5/2018 11A6 Adopted P

Housing and Social Services Committee 5/7/2018 2A Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Terrence Smith read the title of the foregoing proposed resolution into the record. Chairwoman Edmonson spoke on the foregoing item, and her experience in working with the developers as well as their participation. During consideration of this item, it was moved by Commissioner Martinez that the foregoing proposed resolution and the remaining proposed Agenda Items on today’s (5/7) HSSC Agenda be forwarded to the Board of County Commissioners with a favorable recommendation. This motion was seconded by Commissioner Suarez, followed by a discussion on Agenda Item 7A.

County Attorney 4/25/2018 Referred Housing and Social Services Committee 5/7/2018

County Attorney 4/25/2018 Assigned Terrence A. Smith 4/25/2018

Legislative Text


TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO REQUIRE AS A CONDITION OF RECEIPT OF STATE HOUSING INITIATIVE PARTNERSHIP, DOCUMENTARY STAMP SURTAX, HOME INVESTMENT PARTNERSHIPS, COMMUNITY DEVELOPMENT BLOCK GRANT, BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND PROGRAMS, AND OTHER AFFORDABLE HOUSING FUNDS FOR ELDERLY HOUSING, THAT ALL DEVELOPERS, BORROWERS, OR GRANTEES OF SUCH FUNDS HAVE A NATURAL DISASTER PLAN AND MEET OTHER REQUIREMENTS SET FORTH HEREIN; REQUIRING THAT THE COUNTY’S REQUEST FOR APPLICATIONS, LOAN FUNDING AGREEMENTS OR GRANT AGREEMENTS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND/OR REHABILITATING AFFORDABLE ELDERLY HOUSING SHALL CONTAIN PROVISIONS REQUIRING SUCH NATURAL DISASTER PLAN; URGING ALL DEVELOPERS, BORROWERS OR GRANTEES WHO HAVE RECEIVED FUNDS FROM SUCH PROGRAMS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING AND/OR REHABILITATING AFFORDABLE ELDERLY HOUSING PRIOR TO THE EFFECTIVE DATE OF THIS RESOLUTION TO IMPLEMENT SOME OR ALL OF THE REQUIREMENTS SET FORTH HEREIN; CREATING EXCEPTIONS; DIRECTING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO POST OR OTHERWISE MAKE AVAILABLE THIS RESOLUTION; AND REQUIRING A REPORT

BODY
WHEREAS, the Atlantic hurricane season, which is between June 1 and November 30 of each year, is a time when most tropical cyclones are expected to develop across the northern Atlantic Ocean; and
WHEREAS, from 2000 to 2014, Atlantic hurricanes, tropical storms and tropical depressions have killed 1,853 people in the United States, according to Edward N. Rappaport, former acting director of the National Hurricane Center; and  
WHEREAS, according to an article in The Washington Post, dated September 12, 2017, “more than half of these deaths were caused not by wind, water or falling debris, but by ‘indirect’ factors, including fatalities during cleanup”; and
WHEREAS, the article further states “direct deaths, as defined by the National Weather Service, result from a product of the storm such as flooding, rip currents or the storm surge, and they tend to draw the big headlines during storm coverage”; and
WHEREAS, the article further states that “far more numerous, though, are the indirect deaths not caused by meteorological events”; and
WHEREAS, the article further states that “for the 10 deadliest hurricanes since 2000 (Katrina, Sandy, Rita, Ike, Frances, Irene, Isabel, Ivan, Charley and Gustav), indirect deaths outnumbered direct deaths for 7 of 10 storms”; and
WHEREAS, the article further states that “indirect deaths predominated overall, increasing in prevalence to account for 65 percent of all storm fatalities once wind speed at landfall exceeded 90 knots….”; and
WHEREAS, the article finally concludes that “a number of deaths occur well after the rain has stopped….”; and
WHEREAS, since 2000, 79 tropical cyclones, including most recently Hurricane Irma, have impacted Florida resulting in more than $73 billion in damage, 145 direct fatalities and at least 93 indirect fatalities; and
WHEREAS, according to State estimates, Hurricane Irma resulted in 73 fatalities statewide, of which 14 were elderly patients that died from complications related to heat exhaustion when the air conditioning unit ceased to work in the nursing home and rehabilitation center in which they resided due to loss of power; and
WHEREAS, one of the direct results of a tropical cyclone and other types of storms is the loss of power; and
WHEREAS, depending on the damage caused by such storms, it may take more than a week to restore power; and
WHEREAS, during the time power is out, Miami-Dade County’s most vulnerable residents, who are the poor, elderly, children, or disabled, face health and safety issues in the aftermath of a storm; and
WHEREAS, for example, after Hurricane Irma, many in the underprivileged communities in Miami-Dade County suffered loss of power for more than a week, which led to the loss of food for many residents; and
WHEREAS, many of the residents in the underlying areas had to rely on support from federal, state and local government and organizations to obtain food, water, ice and other essential goods and services; and
WHEREAS, the loss of power also resulted in many residents being left in high-rises without working or with faulty generators to power air conditioning units, thus creating an unsafe environment for many vulnerable residents; and
WHEREAS, the aftermath of Hurricane Irma highlighted that more can be done to ensure that all residents, especially those who are most vulnerable, are provided with decent, safe and sanitary housing before, during and after a natural disaster like a hurricane; and
WHEREAS, moreover, this Board has an obligation to protect the health, safety and welfare of all residents of Miami-Dade County before, during and after a natural disaster, especially the most vulnerable residents; and
WHEREAS, however, the County cannot do it all and must therefore rely on its partnerships with the federal, state and local governments, local organizations, businesses, and community groups; and
WHEREAS, for instance, the County relies heavily on its partnerships with the public and private sectors to acquire, construct and/or rehabilitate affordable housing developments through programs such as State Housing Initiative Partnership, Documentary Stamp Surtax, Home Investment Partnerships, Community Development Block Grant, Building Better Communities General Obligation Bond programs, and other affordable housing programs (“Affordable Housing Programs”); and
WHEREAS, without the private sector’s assistance and involvement, many residents of Miami-Dade County would not and could not afford housing in Miami-Dade County; and
WHEREAS, through this public/private partnership, this Board believes that it can guarantee that each developer of affordable housing that is funded through the Affordable Housing Programs will, as a condition of such funding, have a natural disaster plan in place that will address the concerns of their residents before, during and after a natural disaster like a hurricane; and
WHEREAS, accordingly, this Board wishes to make it mandatory that any developer, borrower or grantee of elderly affordable housing applying for or receiving funding through one or more of the Affordable Housing Programs must have a natural disaster plan and meet other requirements as set forth below; and
WHEREAS, this Board also wishes to urge all developers, borrowers or grantees who have received funds from one of the County’s Affordable Housing Programs prior to the effective date of this resolution to implement some or all of the requirements set forth herein,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The foregoing recitals are incorporated in this resolution and are approved.
Section 2. This Board directs the County Mayor or the County Mayor’s designee to require, as a condition of receipt of State Housing Initiative Partnership, Documentary Stamp Surtax, Home Investment Partnerships, Community Development Block Grant, Building Better Communities General Obligation Bond funds, and funds through any other affordable housing program (“Affordable Housing Program Funds”) for the purpose of acquiring, constructing and/or rehabilitating affordable elderly housing, that all developers, borrowers, or grantees of such funds have a natural disaster plan and meet other related requirements set forth in Section 3 of this resolution.
Section 3. This Boards directs the County Mayor or the County Mayor’s designee to include in all of the County’s Requests for Applications, loan funding agreements and/or grant agreements for elderly housing, provisions that require that all developers, borrowers or grantees of such funds shall be required to provide the following:
a) A written natural disaster plan approved by the County Mayor or the County Mayor’s designee for the affordable housing development. Such natural disaster plan shall be updated annually, be made available to the residents and first responders, and include at a minimum the following information:
1. An evacuation plan for all residents of the affordable housing development;
2. A contingency plan in the event the generators required herein are not operational before or after a natural disaster;
3. Steps to be taken in order to identify all residents who evacuate from or choose to remain in an affordable housing development before and after a natural disaster;
4. A refueling plan for generators;
5. A communication plan between the developer, borrower or grantee and their personnel before, during and after a natural disaster; and
6. Any other requirements that the County Mayor or the County Mayor’s designee, at their sole discretion, determines to be necessary for inclusion in the natural disaster plan.
b) A kitchen on the first, second or third floor of the building that can be used to cook food for the residents after a natural disaster;
c) A community room on the first, second or third floor of the development that has air conditioning where residents can go during and after a natural disaster;
d) A kitchen and/or community room on the first, second or third floor of the development that has water supplied by a pump connected to a generator during and after a natural disaster;
e) A minimum of one generator to operate the lights, air conditioner and other appliances in a community room and kitchen after a natural disaster and throughout the duration of a power outage. Such generators shall be maintained in good working order and shall be inspected before and after a natural disaster;
f) A minimum of one trained personnel on site at the affordable housing development during and after the storm.  This person must receive disaster training based on the Medicaid guidelines. Such training can be provided, at no cost to the County, by a County department designated by the County Mayor or the County Mayor’s designee. Any cost associated with such training shall be borne solely by the developer, borrower, or grantee;
g) A minimum of one trained personnel or volunteer, which may include a resident, on-site at the affordable housing development to provide assistance after a natural disaster;
h) Working contact telephone numbers, including at least one land telephone line and one cellular telephone, that shall be provided to each resident and which shall be made available to such residents before, during, and after a natural disaster. Such telephone numbers shall be posted in common areas, including but not limited to community rooms and management offices; and
i) A list of community agencies furnished by the County that can provide services before and after a natural disaster, which shall be prominently posted in administrative offices and the common areas.


This Board authorizes the County Mayor or the County Mayor's designee to include the provisions set forth in this Section 3 in all Requests for Applications, loan funding agreements and grant agreements related to the Affordable Housing Program Funds. Further, this Board authorizes the County Mayor or the County Mayor’s designee, at the County Mayor or the County Mayor’s designee’s sole option, to require as a condition of the County consenting to a subsequent loan or grant or subordination of such loan or grant, that each developer, borrower or grantee shall comply with the requirements of this resolution. Notwithstanding the foregoing, the requirements set forth in this Section 3 shall only apply to those elderly affordable housing developments that are funded through the Affordable Housing Program Funds after the effective date of this resolution.
Section 4. This Board urges all developers, borrowers or grantees who have received Affordable Housing Program Funds for the purpose of acquiring, constructing and/or rehabilitating affordable elderly housing prior to the effective date of this resolution to implement some or all of the requirements set forth in Section 3 of this resolution.
Section 5. Notwithstanding the requirements set forth in Section 2 and 3 of this resolution, the following exemptions shall apply:
1. All affordable housing developed in accordance with the County’s Infill Housing Initiative Program shall be exempt from all requirements of this resolution;
2. All County-owned public housing and other affordable housing sites, including but not limited to those developed or rehabilitated in accordance with a mixed-finance development concept authorized by the United States Department of Housing and Urban Development shall be exempt from all requirements of this resolution;
3. All affordable housing sites with less than 40 units shall be exempt from the requirements set forth in Section 3, subsections (b) and (c) of this resolution; provided however, the developers, borrowers or grantees of such affordable housing sites shall include in their natural disaster plan alternative plans acceptable to the County Mayor or the County Mayor’s designee to address the needs of their residents; and
4. All elderly affordable housing developments located in a mandatory evacuation area shall not be required to have any personnel on-site during a natural disaster.
Section 6. This Board directs the County Mayor or the County Mayor to post or otherwise make this resolution available on the County’s website, including but not limited to the website maintained for the Miami-Dade Public Housing and Community Development Department.
Section 7. This Board directs the County Mayor or the County Mayor’s designee to provide a written report detailing each developer, borrower or grantee’s compliance with this resolution. The County Mayor or the County Mayor’s designee shall provide the report to this Board within five years of the effective date of this resolution and every five years thereafter. The completed reports shall be placed on an agenda of this Board pursuant to Ordinance No. 14-65.



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