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HomeMy WebLinkAboutR-99-0700J-99-788 9/20/99 RESOLUTION NO. 9 9 7 0 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A 4/5TF;s AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, WAIVING THE PROHIBITION SET FORTH IN SECTION 2-612 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHEREBY A CITY EMPLOYEE IS PROHIBITED FROM TRANSACTING BUSINESS WITH THE CITY; APPROVING EVELIN A. BARRIEL, AN EMPLOYEE OF THE CITY EMPLOYED AT THE EAST LITTLE HAVANA NET SERVICE CENTER, TO PARTICIPATE IN THE CITY OF MIAMI'S AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM AND STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM, ADMINISTERED BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT; SAID WAIVER BASED UPON THE FINDING THAT IT WOULD BE IN THE BEST INTEREST OF THE CITY AND STIPULATING THAT SAID PARTICIPATION SHALL BE LIMITED TO THE AFFORDABLE HOMEOWNERSHIP PROGRAMS ADMINISTERED BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT. WHEREAS, the City of Miami ("City"), through the State Housing Initiatives Partnership Program, HOME Investment:" Partnership Program, and Community Development Block Grant f Program, funded through the State of Florida and the United I States Department of Housing and Urban Development, has i implemented several housing programs which are designed to t provide affordable rental and homeownership opportunities to low and moderate income families and individuals in the City; and WHEREAS, through the aforementioned State and Federal CITY COMUSSION MEETIRG OF huYi+l LL1iUR 1`!U. L :� programs, the City provides financial assistance to both private sector housing developers and not -for -profit corporations for the development of housing units affordable to low and moderate income families and individuals; and WHEREAS, presently the vast majority of the employees employed with the City of Miami live outside the City, thus contributing to the tax base and local economy of other municipalities and county governments in South Florida; and WHEREAS, the City's Five (5) Year Consolidated Plan (1999-2004) recommends and encourages the establishment of various homeownership programs which provides incentives for City employees to reside in the City; and WHEREAS, Evelin A. Barriel, a City employee, employed at the East Little Havana NET Service Center_, has applied and qualified for the purchase of a condominium unit developed by the East Little Havana Community Development Corporation; and WHEREAS, the 80 unit Casa Grande Condominiums Project -Phase I located at 104-120 S.W. 9`h Street was financed in part by the City, with $600,000 in HOME Program funds and $298,522 in SHIP Program funds; and WHEREAS, the said employee qualifies for a maximum of $2,500 in SHIP Program funds to be utilized for downpayment - 2 - 99- 704 W and/or closing costs assistance by the prospective homebuyer; and WHEREAS, said employee qualifies in all respects for participation in said Program except that she is a person employed by the City, and is thereby prohibited from transacting business with the City pursuant to the requirements set forth in Section 2-612, Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, pursuant to Section 2-614 of the City Code, a waiver must be obtained in order for Evelin A. Barriel to participate in said programs; and WHEREAS, other City employees or direct family who have applied and qualified for participation in other City sponsored housing programs, such as the CDBG-funded Single Family Rehabilitation Program, have been granted a waiver; and WHEREAS, Ms. Barriel's participation shall be limited to the financial assistance available through the City for the purchase of the residential unit developed by the East Little Havana Community Development Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted, by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Based upon the findings set forth in Section 3 hereof, the requirements and prohibition contained in - 3 - 99 - 700 Section 2-612 of the City Code, are hereby waived by a 4/51hs affirmative vote of the members of the City Commission, after a duly advertised public hearing. Section 3. The waiver set forth in Section 2 hereof is based upon the following findings: a) Evelin A. Barriel has applied and is qualified for participation in the City's Affordable Homeownership Development Program and State Housing Initiatives Partnership Program ("The Programs"), administered by the City's Department of Community Development. b) According to the Program's guidelines, the City should offer the Program to all low and moderate income families, notwithstanding their or their relatives employment by the City. c) The herein proposed participation will be in the best interest of the City. Section 4. Based upon the findings set forth in Section 3 hereof, the requirements and prohibition contained in Section 2-612 of the City Code, as amended, are hereby waived by a 4/5`hs affirmative vote of the members of the City 'Commission, after a duly advertised public hearing. Section S. Evelin A. Barriel, a City employee, is hereby approved to participate in the City of Miami's Affordable Homeownership Development Program and State Housing Initiatives Partnership Program administered by the Department of Community Development funded through the U.S. Department of Housing and Urban Development and State of Florida, said waiver stipulating that said participation shall be limited to the aforementioned housing programs administered by the City of Miami. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.!/ PASSED AND ADOPTED this 28th day of September , 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the M,-yrr did not indicate approval of this legislation by signing it in the designated i,lncc: proviOod, said legislation now becomes effective with the elapse of ic:n (10) d s rrrn ill;: c�;t: c;f Comrr' sicn nc,;on regarding same, without the Mayor ere, in VLio. ATTEST: 1��t�i �r J be are, City Clerk WALTER J. FOEMAN CITY CLERK APPROVED AS 0�. KM CORRECTNESS: A 2NEY RELLO RCL:hdb if If: the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. I i - 5 - 99 - 700 CITY OF MIAMI, FLORIDA 2 INTER -OFFICE MEMORANDUM o The Honorable Mayor and Members of the DATE : UD 1 7 1000 FILE City Commission e � �� FROM:: Donald H. Warshaw City Manager RECOMMENDATION: SUBJECT Resolution Waiving Conflict of Interest Provision -Ms. Evelin A. Barriel REFERENCES: ENCLOSURES: City Commission Agenda Item - Meeting of September 28, 1999 It is respectfully recommended that the City Commission adopt the attached resolution waiving by a 4l5ths affirmative vote of the City Commission, the requirements and prohibition contained in Section 2-612 of the City Code, in order to allow Ms. Evelin A. Barriel. a City employee, to participate in the City's Affordable Homeownership Development Program and State Housing Initiatives Partnership Program (SHIP). 1`.-1s. Barriel has qualified to purchase a condominium unit developed by the East Little Havana Community Development Corporation (ELHCDC). BACKGROUND: Through the City of Miami's Affordable Homeownership Development Program, the City provides financial assistance to both private sector housing developers and not for profit community development corporations (CDC's), to facilitate the development of new affordable homeownership housing units for purchase by low and moderate income families. In July of 1994, through Resolution No.94-536. the City Commission allocated $600,000 in HOME Program funds to the East Little Havana Community Development Corporation, in connection with the development of the 80 unit Casa Grande Condominiums Project Phase I, located at 104-120 S.W.9" Street. In addition. in 1=ebruary of' 1997, through Resolution No. 97-94, the City Commission allocated $298,522 in State Housing Initiatives Partnership Program (SHIP) funds for the provision of "soft" second niorteage financing and dov,npaymentJclosing costs assistance to the prospective homebuyers of the aforementioned housing project. Ms. Evelin A. Barriel, a City employee, has applied and qualified to purchase one (1) of the condominium units which have been developed by the East Little Havana Community Development Corporation. Presently. Ms. Barriel is also applying for downpaymenticlosing costs assistance which is available through the City's SHIP Program. A maximum of $2,500 per family is available to assist low and nx,derate income families in defraying the cost of downpaymenticlosing costs required to consummate the purchase of a new single family home developed by both private sector and not -for -profit housing providers in the City. 99- 700 1 The City's Five (5) Year Consolidated Plan (1999-2004) recommends and encourages the provision of financial incentives Nyhich would afford City employees the opportunity to reside in the City. Although Ordinance No. 1 M5 , adopted by the Citv Commission on February 9, 1999, allows a City of Miami employce to participate in the City's CDBG Assisted Single Family Rehabilitation Loan Program, the said Ordinance did not grant a City employee the opportunity to participate in several of the City's other affordable housing programs NN ithout the required waiver by the City Commission. In an effort to assist and encourage City employees to reside in the City of Miami. the Department of Community Development recommends that the City Commission approve the waiver of the Conflict of Interest provision, as outlined in Section 2-612 of the City Code, in order to allow the aforementioned City employee to receive financial assistance from the City to purchase a home in the City. I�f3IGCW/JBH/mb j Enclosure f i j i 2 99- 700 CITY OF MIAMI FLORIDA INTER -OFFICE MEMORANDUM _ Walter J. Foeman DATE August 30, 1999 FILE Office of City Clerk Request to Publish Notice of Public Hearing Gwendolyn C. Warren, Director REFEPENCES Waiver of Conflict of Interest Department of Community Development ENCLOSURES Provision/Ms. Evelin A. Barriel This memorandum serves to request the assistance of your office in making arrangements to publish a Notice of Public Hearing to discuss a waiver of the conflict of interest provision contained in Section 2-612 of the City Code, in connection with Ms. Evelin A. Barrel's application for financial assistance under the City of Miami's Affordable Homeownership Development Program and State Housing Initiatives Partnership Program. This action is required because Ms. Barrel is an employee of the City working at East Little Havana NET Service Center. This item is being scheduled for City Commission consideration at their September 28, 1999 City Commission meeting. The date and time of the public hearing will be September 28, 1999, a .M DB/GCW/JBH/mb Elvi Gallastegui Agenda Coordinator RESOLUTION No . 9 4 5 3 6 A ABSOLUTION AUTHORIZING A LOAN/GRANT. IN AN AMOUNT NOT TO I=EKD $ 00 , 000. FROM THE YY 1994 ROME INVESTMENT PARTNERSHIP PROGRAM TO TIM EAST LITTLE HAVANA COMMUNITY DEVELOPMENT CORPORATION, FOR THE PURPOSE OF DEVELOPING CASA GRANDE, A 104--UNIT RENTAL HOUSING PROJECT FOR THE ELDERLY, PLANNED FOR DEVELOPMENT ON SIX (6) VACANT PARCELS LOCATED AT SOUTHV ST OTH AVENUE AND SOUT$WEST 8TR STREET, IN THE LITTLE HAVANA NEIGHBORHOOD; AUTHORIZING THE CM ATTORNEY TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO 1MRLEMENT SAID LOAN/GRANT. WHEREAS. a severe shortage of affordable housing exists in the City of Miami that is within the financial, range of families and individuals of low and moderate income; and WHEREAS, the City Commission recognizes that participation of both the public and private sector is necessary to foster the development of affordable housing for low and moderat-e income families and. individuals; and WHEREAS, the Bast Little Havana Community Development Corporation proposes to develop Casa Grande, a 104-unit rental housing projeot for the elderly (Project). to be situated on six (6) vacant parcels of land located at SW 8th Street and SW 9th Avenue in the Little Havana neighborhood; and bornmo or JU L 1 4 t994 99-- 700 WHEREAS, to expedite the construction of the proposed Project, it is necessary for the Project sponsor to secure $600,000 in finanolal assistant from the City of Hiami; and WHEREAS, funding, in the amount of $800.000. Is available from the City's FY 1994 home Investment Partnership Program; ! NOW, THEREFORE, BE IT RESOLVED BY 7THE CoxmrsSIOAI OF THE CITY OF MIAMI , FLORIDA Section 1. The recitals and findings contained in the Preamble to this, Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Seotion 2. A loan/grant, in an amount not to exceed $600,000, from FY 1991 Home Investment Partnership Program to the `.✓ East Little Havana Community bevelopweat Corporation, for the purpose of developing Casa Grande, a 104-unit rental housing projeot for the elderly. planned for development on six (6) vacant parcels located at Southwest 6th Street and Southwest 9th Avenue in the Little Havana neighborhood, is hereby approved. Section 3. The City Manager is hereby Authorized)'/ to execute the necessary documents, in a form acceptable to the City Attorney, to implement said loan/grant Section 4. This Resolution shall become effective Immediately upon its adoption. The herein authorization is further subject to complianoe With all requiremants that may be imposed by the City Attorney, inoluding but not limited to those presoribed by applioable City Charter and Code provisions. L w J-97=94 2/ 12/97. RESOLUTION NO. 9 7 - 94 A RESOLUTION, RELATING TO THE DEVELOPMENT OF APPROXIMATELY 98 UNITS OF AFFORDABLE HOUSING IN THE LITTLE HAVANA NEIGHBORHOOD BY THE EAST LITTLE HAVANA CON17v1IJNITY DEVELOPMENT CORPORATION .AND FLORIDA HOUSING COOPERATIVE, 6INC. ANrD --I L^tiITS OF AFFORDABLE HOUSING IN THE ALLAPATTAH NEIGH ORHOOD BY ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC.; AUTHORIZING THE CITY MANAGER TO ALLOCATE FUNDING FROM THE CITY'S FY' 1995-96 STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP PROGRAM) IN THE AMOUNT OF $1,217,549 AS SET FORTH HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE AFOREMENTIONED COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDO'S) FOR SAID PURPOSE. WHEREAS, in July, 1992, the State of Florida '-enacted the William E. Sadowski Affordable Housing Act ("Sadowski Act"), which allocates a portion of new and existing documentary stamp taxes on deeds on real estate transactions to local governments for the development and maintenance of affordable housing; and WHEREAS, the Sadowski Act provides a dedicated revenue source for affordable housing and created the State Housing Initiatives Partnership Program (SHIP); and CITY _COMUSSION MEETING OF FEB 2 0 1997 Reaolution No. 991-Qo 97 Qj i WHEREAS, In August, 1994, the City of Miami was notified by the State of Florida that the City would be eligible to receive $1.3 million in SHIP Program funds beginning with the State's Fiscal Year 1995-96; and WHEREAS, in November of 1996, pursuant to Resolution No. 56-851, the City Commission approved the City's revised Local Housing Assistance Plan required by the State of Florida for the City's continued participation in the State Housing Initiatives Partnership Program (SHIP Program); and WHEREAS, through the City's Local Housing Assistance Plan, the City proposes to make available funding to not -for -profit Community Housing Development Organizations (CHDO's), for the purpose of site acquisition, site development, construction and permanent financing, in connection with the development of affordable homeownership units in the City; and WHEREAS, approximately $1,200,000 is available through the City's Homeownership Development Program and $100,000 is available through the City's Dowrpayment/Closing Cost Assistance Program this year; and V&MREAS, in October of 1996, the City of Miami advertised the availability of SHIP Program funding for the development of affordable homeownership units in the City; and WHEREAS, the City Administration recommends the allocation of funding from the City's FY' 1995-96 State Housing Initiatives Partnership Program (SHIP Program), in the amount of $1,217,549 to the Allapattah Business Development Authority, Inc., East Little Havana Communiry Development Corporation and Florida Housing Cooperative, Inc., in connection with the development of 119 units of affordable housing in the City; '2 - 9 9 - "100 L NOS:', THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fiilly set forth in this Section. Section 2. Funding from the City's FY' 1995-96 State Housing Initiatives Partnership Program (SHIP Program) is hereby allocated for the purpose of providing project development financing and downpayment!closing cost assistance to the following not -for -profit Community Housing Development Organizations (CI-IDO's) listed in the amount as set forth below: Communiti• Housing Development Organizations: Amounts: l l . Allapattah Business Development Authority, Inc. $504,450.00 f 2. Fast Little Havana Community Development Corporation $298,522.00 3. Florida Housing Cooperative, Inc. $414,577.00 Section 3. The City Manager is hereby authorizedll to execute individual contractual agreements, in a form acceptable to the City Attorney, with the aforementioned Community Housing Development Organizations (CHDO's), for the amount specified for each, for the purpose of providing project development financing and downpaymenticlosing cost assistance in connection with one hundred nineteen (119) units of affordable homeownership housing in the City. 1' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including, but not limited to those prescribed by applicable City Charter and Code provisions. - 3 - 99- 700 C i i YY i Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 20th day of February 1997. ATTEST: OLLO, MAYOR WALTER f- FOEMAN CITY CLERK COMMUNITY DEVELOPMENT/NET REVIEW: ELBER i . WATERS, DIRECTOR COMMI ITY DEVELOPMENT/NE-T PREPARED ArdD APPROVED BY: LINDA KELLY KEARSON ASSISTANT CITY ATTORNEY LK.KIBSS/pb/W I454 REVIEWED AS TO ACCOUNTING, BUDGETARY AND TREASURY REQUIREMENTS: MICHAE VIN, DIRECTOR DEPARTMENT OF FINANCE . APPROVED AS TO FORM AND CORRECTNE_ SS: A QU JO , III CITY A TO 99- 700 4 - r, A W