HomeMy WebLinkAboutPre-LegislationJ-00-798
9/28/00
RESOLUTION NO. 0 1- 867
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, RESCINDING RESOLUTION
NOS. 98-580 AND X00-418 IN THEIR ENTIRETY,
THEREBY ABOLISHING THE HOUSING LOAN
COMMITTEE; FURTHER AUTHORIZING AND DIRECTING
THE CITY MANAGER TO ESTABLISH AN ELEVEN (11)
MEMBER HOUSING AND COMMERCIAL LOAN COMMITTEE
TO APPROVE/DISAPPROVE CERTAIN HOUSING AND
COMMERCIAL LOANS AND/OR GRANTS TO BE
PROVIDED BY THE CITY OF MIAMI THROUGH THE
COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG"),
HOME INVESTMENT PARTNERSHIP ("HOME") AND
STATE HOUSING INITIATIVES PARTNERSHIP
("SHIP") PROGRAMS; GRANTING AUTHORITY TO THE
HOUSING AND COMMERCIAL LOAN COMMITTEE TO
APPROVE/DISAPPROVE LOAN APPLICATIONS FOR
FUNDING OF AFFORDABLE HOUSING -.PROJECTS AND
COMMERCIAL (BUSINESS) PROJECTS AND RELATED
TRANSACTIONS, -INCLUDING, BUT NOT LIMITED TO,
SUBORDINATION AGREEMENTS, LOAN RESTRUCTURING
PLANS AND/OR LOAN REPAYMENT PLANS FOR
AFFORDABLE HOUSING PROJECTS AND COMMERCIAL
LOANS IN THE CITY'S LOAN PORTFOLIO;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO APPROVE/DISAPPROVE SPECIFIC HOUSING LOANS
PROVIDED BY THE CITY THROUGH THE CITY'S CDBG
FUNDED SINGLE FAMILY REHABILITATION PROGRAM
AND SHIP FUNDED SINGLE FAMILY REHABILITATION
AND HOMEBUYERS FINANCING PROGRAM; DIRECTING
THE CITY MANAGER TO PRESENT EACH APPROVED
LOAN TO THE STATE OF FLORIDA FINANCIAL
EMERGENCY OVERSIGHT BOARD FOR REVIEW AND
FINAL APPROVAL; AND APPROVING THE CITY OF
MIAMI LENDING POLICY GUIDELINES, ATTACHED
HERETO AND MADE A PART HEREOF, TO IMPLEMENT
THE COMMERCIAL LOAN PROGRAM..
CONTAINED,
CITY CCyMi5S=
MEET= OF
SEP 2 8 2000 .
90
D 0 ",
WHEREAS, Resolution No. 98-580, adopted June 9, 1998,
authorized and directed the City Manager to appoint a seven
(7) member Housing Loan Committee for the purpose of
recommending approval/disapproval of loans and/or grants
provided by the City of Miami (the "City") through its
Community Development Block Grant ("CDBG") funded Single
Family and Multifamily Rehabilitation Programs, Home
Investment Partnership Program ("HOME"), and the State
Housing Initiatives Partnership Programs ("SHIP"), in
response to findings and concerns identified by the U.S.
Department of Housing and Urban Development's District
Office of the Inspector General ("OIG") in its Audit Report
j dated March 26, 1998, regarding the City's loan
underwriting procedures; and
WHEREAS, the composition of the Committee, approved
pursuant to Resolution No. 98-580, was comprised of a
Chairperson appointed by the Mayor, four (4) representatives
from the private sector with real estate lending and/or
affordable housing development experience and three (3)
representatives from the City Administration; and
WHEREAS, at its meeting of September 28, 1999, with the
adoption of Resolution No. 99-705, the City Commission approved
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a modification to the City of Miami Local Housing Assistance
Plan for the SHIP Program, which resulted in the expansion of
the number of housing. assistance programs available to very low,
low and moderate income families residing in the City of Miami;
and
WHEREAS, since October 1999, with the establishment of the
Homebuyers Financing and Single Family Rehabilitation Programs,
which provide a maximum of up to $40,000 in financial assistance
to eligible households for the purchase of a home or the
rehabilitation of an existing home, respectively, the City has
experienced a substantial increase and demand from potential
homebuyers and current homeowners for financial assistance; and
WHEREAS, pursuant to Motion -99-976, adopted December 14,
1999; the City Commission authorized and directing the City
Manager and the City Attorney to proceed with the termination or
winding down of the agreement with Miami Capital Development,
Inc. and obtain the loan portfolio from said entity; and
WHEREAS, subsequently, Resolution No. 98-580 was amended by
the adoption of Resolution No. 00-418 on May 11, 2000, to change
the designation of individuals to be appointed as members of the
City Housing Loan Committee by (1) eliminating the appointment
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of an individual representing Miami Capital Development, Inc.,
(2) providing for the appointment of a third member with private
real estate lending experience, and (3) providing for the City
Manager's appointment of individuals from the Departments of
Planning and Zoning and Real Estate and Economic Development as
eligible members of said Committee; and
WHEREAS, pursuant to Resolution No. 00-413, adopted May 11,
2000, the City Commission designated the Little Haiti Credit
Uriion and Latin Chamber of Commerce (CAMACOL) as the
administrative entities to assist the City in its efforts to
reestablish a Commercial Loan Program that creates a
public/private partnership to stimulate business development and
growth in the City; and
WHEREAS, pursuant to Resolution No. 00-755, adopted
September 14, 2000, the .City Commission designated the Tacolcy
Economic Development Corporation, Inc. as an administrative
entity to assist the City in its efforts to reestablish a
Commercial Loan Program that creates a public/private
partnership to stimulate business development and growth in the
City; and
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WHEREAS, presently the Department of Community Development
is responsible for servicing the loan portfolio previously
originated and managed by Miami Capital Development, Inc.; and
WHEREAS, the City Commission directed the Administration to
develop guidelines for the Commercial Loan Program; and
WHEREAS, in an effort to. be more responsive to the
residents of the City, it is recommended that the City
Commission grant authority to the City Manager or his designee
to approve/disapprove specific housing loans provided by the
City •through the CDBG and SHIP funded Single Family
Rehabilitation and Homebuyers Financing, Programs and to
establish a Housing and Commercial Loan Committee consisting of
eleven (11) members and further directed the Administration to
develop guidelines for the Commercial Loan Program; and
WHEREAS, to accomplish the 'foregoing, it is in order for
the City Commission to rescind Resolution Nos. 98-580 and
00-418, in their entirety, to abolish the existing Housing Loan
Committee, and repl.ace'same with a newly established. Housing and
Commercial Loan Committee; and
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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 and
incorporated as if fully set forth in this Section.
Section 2. Resolution No. 98-580, adopted June 9, 1998.,
and Resolution No. 00-418, adopted May 11, 2000, are hereby
rescinded in their entirety, thereby abolishing the Housing Loan
Committee created pursuant to said Resolutions.
1 Section 3. The City Manager is hereby authorized and
directed to establish an eleven (11) member Housing and
Commercial .Loan Committee to approve/disapprove certain housing
and commercial loans and/or grants to be provided by the City
through the CDBG, HOME and SHIP Programs which shall be
comprised as follows:
(a) the Chairperson appointed by the Mayor;
(b) one (1) member who is an active affordable
housing provider;
(c) three (3) members with private real estate
lending experience;
(d) three (3) members with private commercial lending
experience; and
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(e) three (3) members appointed by the City Manager
from the City Administration.
Section 4. Except as provided in Section 5. herein, the
City of Miami Housing and Commercial Loan Committee is hereby
granted the authority to approve or disapprove all loan
applications for funding of affordable housing projects and
commercial (business) projects and related transactions
including, but not limited to, subordination agreements, loan
restructuring plans and/or loan repayment plans in the City's
loan portfolio.
Section 5. The City Manager or his designee is hereby
1 authorized to approve -or disapprove specific housing loans
provided by the City through the, City's CDBG funded Single
Family Rehabilitation Program (one to four units) in an amount
not to exceed $80,000 per transaction, and SHIP funded Single
Family Rehabilitation and Homebuyers Financing Programs in an
amount not to exceed $40,000 per transaction.
Section 6. The City Manager is hereby directed to present
each approved loan transaction to the State of Florida Financial
Emergency oversight Board for review and final approval.
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Section 7. The City of Miami Lending Policy Guidelines,
attached hereto and made a part hereof, to implement the
Commercial Loan Program are hereby approved.
Section B. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.2:1
PASSED AND ADOPTED this 28th, day of September , 2000.
JOE CAROLLO, MAYOR
., rr did not indicate Wrval of
In accordance With Miami Code Sec. 2-36, Sin�it the �a�rovidrd, said ie�i�i"7tivo nt"N
it in the, desionatod acs
cmPha date f Cc�mmi""'
this legislation bysigning
becomes ef#ective with the elapsQ of ►cn I ) ve .
regarding sam without the Yo' ex '
ATTEST: Wa , , ty Clerk
WALTER J. FOEMAN, CITY CLERK
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'-� 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.
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CITY OF MIAMI LENDING POLICY GUIDELINES
A City of Miami Commercial Loan can only be approved to assist
an identifiable small business concern (SBC) in accomplishing a
sound business purpose. Whethet the SBC is a proprietorship,
partnership or corporation is not paramount to the eligibility
determination.
Eligible and Ineligible Small Business Concerns
For purposes of a Revolving Loan Fund (RLF) loan, a business may
qualify for consideration provided it meets the following
criteria:
1. Business is located or locating within the boundaries of
the City of Miami
2. Business and/or Principals do not demonstrate the financial
ability to obtain financing for the business with or
without the participation of Local, State or Federal
Government, through their direct or guaranteed loan
programs.
3. Business is an equal opportunity employer.
4. Business is not relocating jobs, except where the loan
applicant is forced to relocate due to circumstances beyond
their control (i.e. government intervention, building
demolition, etc.).
5. Project involves no negative environmental impacts.
6. Project impacts an adequate number of jobs (as defined by
24 CFR 209 (b)(1)(i)) to be created and./or retained.
7. Potential for jobs created are to be filled by City of
Miami residents wherever possible. A First Source Hiring
Agreement with the City of Miami will be required.
8. The business` ability, to repay the loan.
DtNIAL OF LOANS
Loans will generally be denied -for the following reasons:
1. If the finds are otherwise available on reasonable terms'
(a) From the disposal at a fair price of assets I not
required by the applicant in the conduct.of its business
or not reasonably necessary to its potential growth,
(b) Through the use of personal credit and/or resources of
the owner, partners, management, or principal
stockholders of the applicant,
(c) From other Government agencies which -provide credit
specifically for the applicants' type of business, or
(d) From other known sources of credit; I
2. For unsatisfactory credit history during the last twelve
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(12) months. 1j
3. If a bankruptcy was discharged less than twelve (12) months
4.
5.
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7.
ago.
if the loan would be f
(a) Paying off a cr
who are inadequat
sustain a loss,
(b) Providing funds
owner, partners, o
(c) Refunding a debt
company, or
(d) Replenishing work
such purposes;
(e) Paying of any tax
or the purpose of:
editor or creditors of the applicant
ely secured and are in a position to
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for distribution or payment to Ithe
r shareholder of the applicant,
owed to'a small business investment
ing capital funds previously used1for
lien or liability.
If the loan will provide for free funds for speculation in
any kind of property, real or personal, tangible or
intangible;
If the applicant is a charitable institution or non-profit
enterprise, except for cooperatives which carry on a
business activity for the purpose of obtaining pecuniary
benefit for their members in the operations of their
otherwise eligible small business concern;
If the applicant is a newspaper, book publishing company,
magazine, or similar enterprise;
V,
8 . If any of the .gross income of the applicant,. (or any of lits
principal owners) is derived from gambling activities,
except for those small firms which obtain less than !one
third of their gross income from income or commission from
the sale of official state lottery tickets under a state
license; j
9. If the purpose of the loan is to provide funds to) an
enterprise primarily engaged in the business of lending or
investments or to any otherwise eligible enterprise for the
purpose of financing investments not related or essential
to the enterprise. I
10. If the purpose of the loan is to finance theacquisition,
construction, improvement, or operation of real property.
11. If the effect of the granting of the financial assistance
will be to encourage monopoly or will be inconsistent with
the accepted standard of the American system of free
competitive enterprise.
12. If the Applicant and/or its principals are in a default
status with previous financial commitments to the City of
1 Miami or are indebted to the City of Miami.
13. If the Applicant and/or its principals have been debarred
from doing business with federal, state, county or local
governments.
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14. If the proceeds of- the loan will be used for moving, an
eligible business when the move is solely for the purposes
of obtaining the benefits of borrowing from the RLF.
MINIMUM AND MAXIMUM AMOUNTS LOANED !
1. The minimum amount loaned will be $10,000.00 j
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2. The maximum amount loaned for working. capital will be
$25,000.00
3. The maximum amount for the purchase of equipment .will be
$35,000.00
4. The maximum combined loan amount shall not exceed
$35,0000.00.
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TERMS
Repayment term shall be as follows: .
a) Working Capital - Up to f ive .(5) years
b) Equipment. - Up to the economic life of the assets
involved, not to exceed the IRS depreciation limits (See
IRS Instructions for Form 4562) and not longer than seven
(7) years.
INTEREST RATES
The interest rates of the City'of Miami's RLF. loans shall be
per annum.
EQUITY GOALS/REQUIREMENTS
6 %
0
All loans shall be matched with the applicant's monies or other
commercial loans participation. Matching participation
requirements will be:
a) Existing Businesses - These are businesses having operating
experience greater than 2 years. A minimum of 20 % of
capital matching is required.
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b) Businesses Relocating into Economic Opportunity Zones -
Existing businesses (as defined above) relocating into lone
of the Economic Opportunity Zones identified by the City of
Miami in its Five Year Consolidated Plan, will be required
to match at least 15 % of the capital requirement.
JOBS CREATION OR RETENTION:
All loans will require a job created or retained for every
$35,000.00, or parts thereof, loaned. There shall be a minimum
requirement of one (1) low/moderately-low-income job retained or
created for a loan of less than $35,000.00. In the case of Ijob
retentions., the applicant. must identify why the borrowed funds
are required to retain the job. All applicants will be rered
to execute a First Source Hiring Agreement with the City of
Miami, stating that City of Miami residents will have a
preference over all applicants for any jobs created as a result
.of the granting of the loan.
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OTHER CONSIDERATIONS:
1. Married. applicants shall. sign Unlimited Guaranties
including their spouses, even if they are not part of the
Company requesting the funds.
2. Collateral assignment of Life Insurance policies will be
requested from every applicant's principal(s). The face
amount of the policy shall be at least equal to Ithe
original loaned amount. No exceptions of this rule will
be allowed.
3. Commercial Insurance Policies naming the City of Miami as
loss payee in an amount of 120% of the loan amount shall
be required from every applicant, i.e. fire, loss of
income, liability, etc. All policies shall provide the
City with mandatory written' notices in cases of
cancellation or material change.
4. In the cases of cooperation agreements involving banks or
other institutions and the City of Miami, the. City! of
Miami will have an equal standing as the other financial
institutions as far as the collateral position of any and
all real property or equipment pledge as security for the
loan.
5. Loans for Equipment will require UCC filings. The City
of Miami .must be in the first security .position on t(ese
assets.
6. once the loan is closed, recipient may not pledge,
transfer', hypothecate, encumbrance or dispose of any
asset purchased in whole or in part with funds from the
City of Miami, without the written approval from the city
of Miami.
7. The
City
of
Miami may impose late fees if the business
does
not
pay
on a timely manner.
IN-HOUSE LOAN UNDERWRITING
The Department of Community Development (DCD) will receive and
underwrite all loan packages. The applicant shall submit an
original and a copy of the entire loan package. All documents
submitted, as part of a loan application will become property] of
the City of Miami.
j The following process will be followed:
1. All packages. will be date and time stamped when received.
2. The package will be reviewed for completeness against the
list of Documents and General Requirements shown on
Attachment I. If any package is found to be incomplete,
the agency that prepared the loan package will be sent a
letter via fax indicating the missing item (s) . A copy of
the letter will be sent to the applicant.
The agency submitting the loan package will be given five
(5) working days to submit the missing item(s); if at the
end of this period, the agency has not submitted the
item(s), the entire package will be returned to the agency
indicating that the application is closed. A copy of the
letter returning the package will be sent to the applicant.
It will be the agency's responsibility to obtain the
missing items and to resubmit the package as a new.
application.
3. The Agency preparing the loan application will obtain the
necessary credit reports and perform the underwriting tasks
within a period of 30 -days.
4. If DOD's underwriters agree with the loan request, DCD will
prepare its recommendations for submission for the next
feasible loan committee meeting. A copy of the
recommendations will be given to the agency that submitted
the loan package and to the applicant.
5. If DCD's underwriters do not agree with the loan package as
presented, DCD . will prepare conclusions and / or
recommendations to the agency and the applicant for their
response. If the response from the applicant is not
received within five (5) working days, the application will
be closed.
APPROVAL PROCESS
The Loan Committee will review all applications for loans from
the RLF. The Loan Committee can recommend approval or deny any
loan application.
if the Loan Committee, denies a loan application, the applicant
and the agency, that prepared the loan packageywill be advised in
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writing with an explanation as to why the loan was denied. This
will close the case file as far as the City of Miami is
concerned. If the agency and the applicant rework the loan and
wish to have it re -considered, it will be considered a new
application. The applicant will have to submit a new
application and package for the revised loan to be underwritten.
If the Loan Committee approves the loan application, the loan is
then forwarded to the State of Florida Financial Oversight Board
for its approval. If the Oversight Board approves the loan,
closing will take place within 10 workdays after the Oversight
Board approval.
APPLICATION FEE
There will be a non-refundable application fee of $75.00. This
Application Fee must accompany the loan package. The
Application Fee will be cashed when the package is accepted for
underwriting.
SERVICING
The City of Miami will service all loans made from the City's
RLF. The City reserves the right to sell the loan or transfer
the loan or the servicing of the loan at its discretion.
Appendix I -"Documents and General Requirements
• Business Information
1. Business Loan Application.
2. Authorization for Services.
3. Business Financial Statements for the last two tax
years.
4. . Tax Returns (Federal Income Tax, State Income Tax,
State Intangibles Tax, Property Tax) for the last two
tax years.
5. Current Financial Statement of Business with
supporting Bank Statements (not older than 90 days).
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6. Inventory of Fixtures and Equipment owned listing
description, serial number, year purchased, condition
and estimated current value.
7. History of Business including detailed Business Plan
with 3 -Year Projections. Agency assisting the
applicant with the loan package must review, modify
and indicate concurrence with the Business Plan
submitted by the Applicant.
8. Detailed Statement on use of Loan Proceeds.
9. Provide list of Fixtures and Equipment to be purchased
accompanied by three (3) detailed quotations for each
item listed.
10. Cash Flow Projections and impact -on Financial
Statements reflecting infusion of loan proceeds.
Agency assisting the applicant with the loan package
must review, modify and indicate concurrence with the
Cash Flow Projections submitted by the Applicant.
11. Copies of Pending Contract or Sales orders and pending
Purchase Orders.
12. Copy of Lease or Letter of Intent to Lease executed by
the landlord or legal representative.
13. Copies of Business Documents: -Partnership Agreements,
Articles of Incorporations, current Certificate of
Good Standing, current Fictitious Names Registry, etc.
14. Copy of the. Business` current Certificate of Use,
Occupational License (City and County), State License
(as appropriate).
15. Employment. Compliance Form .for Job Creation /
Retention Goals.
16. First Hiring Source Agreement with the City of Miami.
17. Current (in forms specified by the City of Miami) and
Projected Employee Data.
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18. Executed and undated IRS Forms 8821 - Tax .Information
Authorization and Form 4506 - Request for Transcript
or Copy of Tax Form
Personal Information
1. Completed Personal Financial Information Form (not older
than 90 days).
2. Personal Income Tax Returns filed for the last two (2)
years including: W-2, Schedule C for sole' proprietorship,
Form 1065 for partnerships and K -is for S -corporation
stockholders.
3. Personal Resume of principals of applicant.
4. Executed and undated IRS Form 8821 - Tax Information
Authorization and Form 4506 - Request for Transcript or
Copy of Tax Form.
5. If any of the principals has experienced any credit
problems especially during the last twelve (12) months, a
satisfactory explanation of these problems must be provided
with the application.
Other
1. Copy of Warranty Deeds of all Real Estate owned by Business
and/or Guarantors and copy of closing statements evidencing
original purchase.
2. Evidence of Tax Assessment Values and any existing
appraisals not older than 6 months. The appraiser must be
State Certified and have at least -two years of having been
licensed..
3. Evidence of existing mortgage balances and copy of
corresponding mortgage documents.
4. Written evidence of updated insurance coverage on property
owned.
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Commercial Lending Program
Scope of Work for 'Participating Agencies
Z. Prepare and Complete all sections of the "Technical
Assistance Intake Checklist" and the (Attachment I).
Original document is to be kept by Agency in the
Applicant's File.
2. If conclusion of Step 1 above is that applicant qualifies
to receive assistance, applicant should complete the
"Technical Assistance Request for Assistance Form."
(Attachment II). Original document is to be kept by Agency
in the Applicant's File.
3. Compile all required documents to prepare and complete
the loan application. (Attachment III). Documents to be
included in Loan Package and Submitted to the City of Miami
for Loan Underwriting.
4. Prepare (or review, modify and endorse the applicant's)
Business Plan and projections of the impact of the loan
proceeds on business profitability. To be submitted to the
City of Miami for Loan Underwriting.
S. Assist the business with the preparation of the
"Employment Compliance Form for Job Creation / Retention
Goals" (Attachment IV). To be submitted to the City of
Miami for Loan Underwriting.
6. Prepare an Executive Summary of the Loan Application
explaining and justifying the approval of the loan. . To
be submitted to the City of Miami for Loan Underwriting.
7. Submit the Loan Package to the City of Miami for
Underwriting and Loan Approval,
B. Respond to the City Staff's request for missing documents
or additional information that will enhance the likeliness
of the loan being approved.
9. Participate in the presentation of the loan to the City's
Loan Committee.
10. Work with applicant in revising the loan application and
package if the City's Loan Committee issues a denial.
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11. Participate as advisor to applicant at the time the loan
closing occurs.
12. Provide monthly monitoring of applicant's operations
during the first (1St) year of the loan. Monitoring visits
are intended to review the -borrower's utilization of the
loan proceeds and to determine if, the business plan's
objectives are being achieved. City of Miami staff may
participate in these monitoring meetings.
13. Prepare and submit a report by the 5th (fifth) calendar
day of the month following the visit communicating to the
City of Miami the results of the monthly monitoring (See
Attachment V).
14. Provide quarterly monitoring of applicant's operations
during the second and subsequent years of the loan. City
of Miami staff may participate in these monitoring
meetings.
15. Prepare and submit a report by the 5th (fifth) calendar
day of the month following the quarterly visit
communicating to the City of Miami the results of the
quarterly monitoring (See Attachment V).
16. On the. anniversary of the loan, the agency will obtain
copies of the business licenses, will keep these copies in
the project file and advise the City of Miami, as part of
its quarterly report that the business is operating with
active licenses. The agency will make these available to
City of Miami staff for review.
17, on an annual basis, the agency will solicit the Tax
Returns filed by the .business (Federal Income Tax, State
Income Tax, State Intangibles Tax, Property Tax), will keep
these copies in the project file and advise the City of
Miami, as part of its quarterly report -that the business
has filed all the pertinent tax returns. The agency will
make these available to City of Miami staff for review.
The agency should review these returns and compare them to
the information obtained during their quarterly monitoring
meetings.
18. In the event of a loan default; the agency originating the
loan must participate in the mitigation and/or recovery
efforts.
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members of the DATE:
City Commission
SUBJECT:
FROM :Aagpr
REFERENCES
ENCLOSURES:
RECOMMENDATION:
20B
SEP F9 2000 FILE :
Establishment of Housing and
Commercial Loan Committee and
Commercial Loan Program Guidelines
City Commission Agenda
September 28, 2000
it is respectfully recommended that the City Commission adopt the attached resolution rescinding
Resolution'Nos. - 98-580 and 00-418, thereby abolishing the previously established Housing Loan
Committee; further authorizing and directing the. City Manager to establish an eleven (11) member
Housing and Commercial Loan Committee for the purpose of approving and disapproving specific
housing and commercial loans and/or grants provided by the City through the Community
Development Block Grant (CDBG), Home Investment Partnership (HOME) and State Housing
Initiatives Partnership (SHIP) Programs.
The proposed resolution further empowers the Committee to approve and disapprove subordination
agreements, loan restructuring plans and loan repayment plans submitted by an applicant relative to the
City's existing housing or commercial loan portfolio and grants authority to the City Manager or his
designee to approve or disapprove specific housing loans provided by the City through the City's
CDBG and SUP funded Single Family Rehabilitation and Homebuyers Financing Programs.
Finally, the proposed resolution provides guidelines. to implement the Commercial Loan Program.
BACKGROUND:
The Department of Community Development has prepared legislation to accomplish the following
objectives:
Rescinds previously approved legislation that established the Housing Loan Committee;
Establishes -an eleven (11) member Housing and Commercial Loan Committee to consider
housing and/or commercial loans and/or grants provided by the City through its CDBG, HOME
and SHIP Programs;
Empowers the Housing and Commercial Loan Committee to approve and disapprove
subordination agreements, loan restructuring plans and loan repayment plans submitted by an
applicant relative to the City's existing housing or commercial loan portfolio and grants
authority to the City Manager or his designee to approve or disapprove
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• specific housing loans provided by the City through the City's CDBG and SHIP funded Single
Family Rehabilitation and Homebuyers Financing Programs;
Provides guidelines to implement the Commercial Loan Program.
Housing and Commercial Loan Committee
In June 1998, the City Commission adopted Resolution No. 98-580 that authorized and directed the
City Manager to appoint a seven (7) member Housing Loan Committee for the purpose of approving
and disapproving loans and/or grants which are provided by the City of Miami through the City's
Single Family and Multifamily Rehabilitation Programs, HOME and SHIP Programs. The creation of
the Housing Loan Committee was initiated in response to findings and concerns identified in the City's
loan underwriting procedures in the audit report issued by the Office'of the Inspector General on the
City's grants from the U.S. Department of Housing and Urban Development (HUD).
The existing Housing Loan Committee includes a chairperson appointed by the Mayor, one (1)
member who is an active affordable housing provider, three (3) members with private real estate
lending experience and three (3) members' appointed by the City Manager from the following
Departments:
• Community Development
• Finance
• Real Estate and Economic Development
• Planning and Zoning
• Public Works.
At its meetings of November 30 and December 14, 1999, the City Commission did not approve the.
continuation of the City's contract *with Miami Capital Development, Inc. to administer a commercial
loan program. As a result, the City, acting through the Department of Community Development, has
assumed the responsibility of servicing the loan portfolio previously serviced 6y Miami Capital
Development, Inc.
Subsequently, the City Commission designated the Little Haiti Credit Union, Latin Chamber of
Commerce (CAMACOL) and Tacolcy Economic Development Corporation to serve as the
administrative entities to reestablish a Commercial Loan Program that fosters a public/private
partnership to stimulate business development and growth in the City. To move forward with the
reestablishment of a Commercial Loan Program, it is also'necessary that the City put in place a loan
committee charged with the responsibility. of approving/disapproving riew loan applications for
housing and commercial projects and also proposals submitted for loan restructuring and repayment
plans, and subordination of mortgage agreements pertaining to the City's existing loan portfolio.
To accomplish this objective, the Administration recommends that the existing Housing Loan
Committee be abolished and replaced by a joint Housing and Commercial Loan Committee. It is
further recommended that the newly established joint loan committee be comprised of eleven (11)
members and said membership will be as follows: —
"' 867
A Chairperson appointed by the Mayor
• One (1) member who is an active affordable housing provider
• Three (3) members from the private sector with experience in real estate lending
Three (3) members from the private sector with experience in commercial lending
• Three (3) City representatives appointed by the City Manager.
Under the revised guidelines,, the City Manager has to flexibility to appoint City representatives at the
Manager's discretion and is nt restricted by the specific department heads identified in the legislation
being -rescinded.
The City Commission` also approved Resolution No. 99-705 in September 1999 that modified the
City's Local Housing Assistance Plan for implementation of its SHIP Program, which resulted in the
expansion of the number of housing assistance programs available to very low, low and moderate
income families residing in the City. Since the establishment of the SHIP funded Single Family
Rehabilitation and Homebuyers Financing Programs in October 1999, which provide a maximum of up
to $40,000 in financial assistance to eligible households for the rehabilitation of an existing home or
purchase of a home in the City, the City has experienced a substantial increase and demand from both
current homeowners and prospective homebuyers for financial assistance. The attached report
highlights the number of cases that have been completed and cases pending.
Since the inception of the City's Single Family Rehabilitation Program, applications submitted for
home improvement or home purchase assistance have been historically approved -by the -Director of the
Department of Community Development. With the creation of the Housing Loan Committee, the
processing of applications has been hampered considerably due to problems inherent in the scheduling
of meetings to insure a quorum of the members. Moreover, Resolution No. 98-580 requires that all
applicants seeking financial assistance through the City's CDBG and SHIP funded Single Family
Rehabilitation and Homebuyers Financing Programs also secure approval from the Housing Loan
Committee, City Commission and State Financial Emergency Oversight Board.
As you are aware; the Department of Community . Development has undergone a significant
reorganization in response to the HUD audit. As a part of the reorganization, a housing loan
underwriting unit was created to improve the City's overall loan underwriting procedures. In an effort
to streamline the process, be more responsive to the residents of the City and address the increasing
number of applicants seeking financial assistance through the City's housing programs, the
Administration recommends the City Manager or his designee be authorized to approve or disapprove
housing loans provided through the City's SHIP funded Single Family Rehabilitation and Homebuyers
Financing Program in an amount not to exceed $40,000 per transaction, and the CDBG funded Single
Family Rehabilitation Program (1-4 units) in an amount not to exceed $80,000 per transaction.
All transactions involving both housing and commercial loans other related loan transactions must be
reviewed and approved by the State Financial Emergency Oversight Board.
Commercial Loan Prollram Guidelines
As previously stated, Miami Capital Development, Inc. (MCDI) has— historically operated a
Commercial Loan Program to assist local businesses and stimulate economic revitalization in the City
00- 867
of Miami. However, as a result of an intense monitoring review of the Agency, -in December 1999, the
City, severed its contractual relationship with. MCDI.
During City Commission deliberations 'relaiing to MCDI issues, it was. agreed that an effective
commercial loan program would be essential -to serve as a catalyst to stimulate business growth and
development to revitalize the City of Miami and create jobs for its citizens. It was further agreed that it
would be critical that the standards of the lending institution reflect sound business. standards and the
City Commission designated the Little Haiti.Credit Union, Latin Chamber of Commerce:(CAMACOL)
and TacoIcy Economic Development Corporation to serve as the administrative entities to reestablish
the.Comnrercial Loan Program
The proposed resolution includes the guidelines (attachment to the resolution) to .implement the.
Commercial Loan Program. Under these guidelines,.the (3) entities will be responsible for:
•_.... Processing loan applications
• Determining eligibility
• Development of Business Plans
• Provision.of Technical Assistance
• Preparation of Loan Packages
The following criteria are included in the restructured Commercial Loan Program:
• Business mustbe Iocated"within the boundaries -of the City of Miami
• Business and/or Principals do not demonstrate the financial ability to obtain financing
for the business with or without the participation of Local, State or Federal
Government, through their direct or guaranteed loan programs.
• Must be an existing Business that has greater than 2 years of operating experience.
Project impacts an adequate number of jobs (as defined by 24 CFR 209 (b)(1)(i)) to be
created and/or retained.
• Potential for jobs.creaied are to be filled by City of Miami residents wherever possible'..
A First Source Hiring Agreement with the City of Miami will be required.
• The•business' ability to repay the loan.
• The minimum amount Ioaned will be $10,000:
• -The maximum amount loaned for working capital will be $25,000.
• ' The maximum amount for the purchase of equipment will be $35,000.
• The maximum combined loan amount shall not -exceed $35,0000.
• The interest rates of the City, of Miami's RLP loans shall be 6 %-per annum.
As previously directed by the City Commission, the restructured Commercial Loan Program.is not
intended to assist new businesses. -..Start-up businesses may apply for assistance from Working Capital
of Florida, an organization that currently receives CDBG support from the City of Miami to provide
technical assistance and related services for new business start-ups.
8-'67
01 0
i The Department of Community Development will be responsible for the full servicing of approved
loans and all Ioan packages will be reviewed and approved by the Housing and Commercial Loan
Committee and must be approved by the Financial Oversight Board. __
In addition, all Ioan recipients must meet the national objectives of the CDBG Program and the Scope
of Services for each loan package must specifically quantify the number of jobs to be created or
retained as a result of the loan assistance provided by the City of Miami. Failure to satisfactorily
address this criterion will result in immediate disapproval of the Ioan application.
It is recommended that the City Commission approve the attached Resolution that:
• Rescinds Resolution Nos. 98-580 and 00481, thereby abolishing the previously established
Housing Loan Committee
• Authorizes and directs the City Manager to establish an eleven (11) member Housing and
Commercial Loan Committee to approve and disapprove housing and commercial loans and/or
grants provided by the City through the Community Development Block Grant (CDBG), Home
Investment Partnership (HOME) and State Housing Initiatives Partnership (SHIP) Programs.
• Empowers the Committee to approve and disapprove subordination agreements, loan
restructuring plans and loan repayment plans submitted by an applicant relative to the City's
existing housing or commercial loan portfolio and grants authority to the City Manager or his
designee to approve or disapprove specific housing loans provided by the City through the
City's CDBG and SHIP funded Single Family Rehabilitation and Homebuyers Financing
Programs.
• Provides guidelines to implement the Commercial Loan Program.
0 �
DB/GCW/DF
00- 86i
J-02-038
1/8102
RESOLUTION NO. 02-
14
A RESOLUTION OF THE MIAMI CITY COMMISSION
AMENDING RESOLUTION NO. 00-867, ADOPTED
SEPTEMBER 28, 2000, WHICH ESTABLISHED THE
HOUSING AND COMMERCIAL LOAN COMMITTEE
("COMMITTEE"), TO AUTHORIZE THE CITY MANAGER
OR DESIGNEE TO APPROVE OR DISAPPROVE
SUBORDINATION AGREEMENTS, LOAN RESTRUCTURING
PLANS AND/OR LOAN REPAYMENT PLANS FOR SPECIFIC
HOUSING LOANS AND GRANTS PROVIDED THROUGH THE
CITY'S SINGLE FAMILY REHABILITATION AND
HOMEBUYERS FINANCING PROGRAMS AND PROVIDING
THAT ATTENDANCE OF FIVE MEMBERS OF THE HOUSING
AND COMMERCIAL LOAN COMMITTEE SHALL CONSTITUTE
A QUORUM FOR THE PURPOSE OF CONDUCTING A
COMMITTEE MEETING.
WHEREAS, Resolution No. 00-867, adopted September 28, 2000,
r
authorized and directed the City Manager to establish an
eleven -member Housing and Commercial Loan Committee to
approve/disapprove certain housing and commercial loans and/or
grants to be provided by the City through the CDBG, HOME and
SHIP Programs; and
WHEREAS, with the adoption of Resolution No. 00-867, the
City Commission further granted authority to the Committee to
approve or disapprove all loan applications for funding of
affordable housing projects and commercial (business) projects
6TY COMMMce
r.TG
021
% 40
and related transactions including, but not limited to,
subordination agreements, loan restructuring plans and/or loan
repayment plans in the City's loan portfolio; and
WHEREAS, through the abovementioned legislation, the City
Commission authorized and directed the City Manager or designee
to approve or disapprove specific housing loans provided by the
City through the City's CDBG funded Single Family Rehabilitation
Program (one to four units) in an amount not to exceed $$0,000
per transaction, and SHIP funded Single Family Rehabilitation
and Homebuyers Financing Programs in an amount not to exceed
$40,000 per transaction; and
WHEREAS, at its meeting of September 28, 2001, the Housing
1
and Commercial Loan Committee expressed concerns regarding the
time sensitive nature of assisting homeowners seeking to
refinance first mortgages on their respective residences; and
WHEREAS, at its meeting of September 28, 2001, the Housing
and Commercial Loan Committee directed the City Administration
to seek City Commission approval of an amendment to Resolution
No. 00-867, to delegate to the City Manager or designee
authority to approve subordination agreements, in addition to
authority to approve or disapprove loan restructuring and
repayment plans for homeowners that have received financial
assistance through the City's Single Family Rehabilitation and
Homebuyers Financing Programs; and
Page 2 of 5
14
WHEREAS, at the same meeting, the Committee also directed
the City Administration to seek City Commission approval to
amend Resolution No. 00-867 to provide that the attendance of
five members at a meeting would constitute a quorum;
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 adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. Resolution No. 00-867, adopted September 28,
2000, is amended in the following particulars:!/
RESOLUTION NO. 00-867
Section 3. The City Manager is hereby
authorized and directed to establish an eleven (11)
member Housing and Commercial Loan Committee to
approve/disapprove certain housing and commercial
loans and/or grants to be provided by the City through
the CDBG, HOME and SHIP Programs which shall be
comprised as follows: ,
(a) the Chairperson appointed by the Mayor;
(b) one (1) member who is an active affordable
housing provider;
ii words and/or figures stricken through shall be deleted. Onderscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
Page 3 of 5
(c) three (3) members with private real estate
lending experience;
(d) three (3) members with private commercial
lending experience; and
(e) three (3) members appointed by the City
Manager from the City Administration.
Section 4. The attendance of five members of
the Housing and Commercial Loan Committee shall
constitute a quorum for the purpose of conducting a
Committee meeting.
Section 45.
Section -6. The City Manager or Vis- designee
is hereby authorized to approve or disapprove specific
housing loans provided by the City through the City's
CABG funded Single Family Rehabilitation Program (one
to four units) in an amount not to exceed $80,000 per
transaction, and SHIP funded Single Family
Rehabilitation and Homebuyers Financing Programs in an
amount not to exceed $40,000 per transaction.
Section 7. The City Manager or designee is
authorized to approve or disapprove subordination
agreements, loan restructuring plans and/or loan
repayment plans for specific housing loans/grants
provided by the City through the Single Family
Rehabilitation and Homebuyers Financing Programs.
Section 8. The City Manager is authorized to
execute the necessary documents, in a form acceptable
to the City Attorney, for said purpose.
Section �&9.
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.
Page 4 of 5 Gg
Section -710.
Section --11.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.!/
PASSED AND ADOPTED this 10th day of January 2002,
?Z�MANOEL A. DIA AYOR
el. 5
CITY CLE
APPROVED AS TO FORM AND CORRECTNESS U
VILAJELLO
CJA--"�r '?"IKI
�FJANDRD
ATTQRNEY
W5915:tr:LB:BSS
3i If the Mayor does not sign this Resolution, it shall become effective
at the end of ten calendar days from the date it was adopted and
passed. If the Mayor vetoes this Resolution, it shall not become
effective unless the City Commission overrides the veto.
1
Page 5 of 5
J-03-701
9/4/03
03�- 993
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION
AMENDING RESOLUTION NO. 00-867, AS AMENDED
BY RESOLUTION NO. 02-1-4, BY CHANGING THE
COMPOSITION OF THE ELEVEN (11) MEMBER
HOUSING AND COMMERCIAL LOAN COMMITTEE
("LOAN COMMITTEE") TO THE FOLLOWING:
A CHAIRPERSON APPOINTED BY THE MAYOR, THREE
(3) MEMBERS WITH BACKGROUNDS RELATED TO
AFFORDABLE HOUSING DEVELOPMENT OR LENDING,
TWO (2) MEMBERS WITH PRIVATE REAL ESTATE
EXPERIENCE, ONE (1) MEMBER WITH PRIVATE REAL
ESTATE LENDING EXPERIENCE, TWO (2) MEMBERS
WITH PRIVATE COMMERCIAL BUSINESS EXPERIENCE,
ONE (1) MEMBER WITH PRIVATE COMMERCIAL
LENDING EXPERIENCE, AND ONE (1) MEMBER FROM
THE CITY ADMINISTRATION APPOINTED BY THE
CITY MANAGER; AUTHORIZING THE EXPANSION OF
THE LOAN COMMITTEE'S FUNCTIONS TO INCLUDE
THE APPROVAL OF AFFORDABLE HOUSING
CONSTRUCTION GRANTS AND/OR LOANS TO BE
PROVIDED BY THE CITY THROUGH THE HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS
("HOPWA") PROGRAM.
WHEREAS, Resolution No. 00-867, adopted September 28, 2000,
as amended by Resolution No. 02-14, adopted January 10, 2002,
authorized .the establishment of an eleven (11) member Housing
and Commercial Loan Committee ("Loan Committee") to
approve/disapprove certain housing and commercial loans and/or
CITY COM00202
MERG Cw
i
SF P 1 1 2003
Resolution 140•
03- 993
grants to be provided by the City of Miami ("City") through the
Community Development Block Grant, HOME Investment Partnerships
and State Housing Initiatives Partnership Programs; and
WHEREAS, Resolution No. 00-867, as amended by Resolution
No. 02-14, established the composition of the eleven (11) member
Loan Committee and directed each approved loan to be presented
to the State of Florida Financial Emergency Oversight Board for
review and final approval; and
WHEREAS, the City Commission wishes to expand the Loan
Committee's functions to include the approval of affordable
housing construction grants and/or loans to be provided by the
City through the Housing Opportunities for Persons With AIDS
y
("HOPWA") Program;
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 adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. Resolution No. 00-867, as amended by
Resolution No. 02-14, adopted January 10, 2002, is further
Page 2 of 4 03- 993
amended in the following particulars:l/
"RESOLUTION NO. 00-867
Section 3. The City Manager is hereby
authorized and directed to establish an eleven (11)
member Housing and Commercial Loan Committee to
approve/disapprove (1) certain housing and commercial
loans and/or grants to be provided by the City through
the CDBG, HOME and SHIP Programs, and (2) affordable
housing construction loans and/or grants to be
provided by the City funded by the HOPWA Program,
which shall be comprised as follows:
(a) the a Chairperson appointed by the Mayor;
(b) ene (1) ---member' whe-is an aetive-a-f€erdab1-e =g
pr -e ide-a^= three (3) members with backgrounds related to
affordable housing development or lending;
(c) three X34- two (2) members with private real estate
experience;
(d) three Fflefabers one (1) member with private real estate
lending experience;
(e) two (2) .members with private commercial business
experience;
(-ef) €hree-member- one (1) member with private commercial
lending experience; and
(-€2) tree one (1) member -s, from the City Administration,
appointed by the City Manager.
Beeten 9. - The City Manager is hereby -direeted-be
pent eaeh--appreved lean-transa-etien fie -the -zState --e€
Fleri1a Finaneial BRiergeney Gversi.ght Beard fee review an -3
i� Words and/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
Page 3 of 4 ;J3- 993
f ; ft i appr-eval.
Section OrG9) . *
Section (410) . *
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor Y
PASSED AND ADOPTED this 11th day of September , 2003.
ATTEST:
9
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED TO ORMCORRECTNESS :i"`---
PC-EJ O—VILARELLO T 11
CIT ATTORNEY
W7438:tr:BSS
Words and/or figures stricken through shall be deleted. Underscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
Page 4 of 4 i)3— 993
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Ma or and
tubers oCeity m
o�
FROM: Oe ala
Ci Manager
RECOMMENDATION:
SEP - 3 2003
DATE: FILE
Changing Membership Structure
SUBJECT: & adding HOPWA housing to the
Loan Committee
REFERENCES. City Commission Agenda
September 11, 2003
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the attached Resolution
authorizing the change in the composition of the eleven -member Housing and Commercial Loan
Committee (Loan Committee) to: one (1) Chairperson appointed by the Mayor, three (3)
members with backgrounds related to affordable housing development, two (2) members with
private real estate experience, one (1) member with private real estate lending experience, two
(2) members with private commercial experience, one (1) member with private commercial
lending experience, and one (1) member from the City Administration appointed by the City
Manager; and authorizing the extension of the Loan Committee's function to include the
approval / disapproval of affordable housing construction grants and loans to be provided by the
City through the Housing Opportunities for Persons with AIDS (HOPWA) Program; and further
releasing the City Manager from the obligation to present each loan approved by the Loan
Committee for review and final approval to the State of Florida Financial Emergency Oversight
Board, which was dissolved on December 18, 2001.
BACKGROUND:
Resolution No. 00-867, adopted September 28, 2000, authorized and directed the City Manager
to establish an eleven -member Loan Committee to approve/ disapprove certain affordable
housing and commercial loans and/or grants to be provided by the City of Miami. This
Resolution established the composition of the Loan Committee as:
• One (1) Chairperson, appointed by the Mayor
• One (1) member who is an active affordable housing provider
• Three (3) members with private real estate lending experience
• Three (3) members with private commercial lending experience, and
• Three (3) members from the City Administration, appointed by the City Manager.
It has been recommended by Loan Committee members that its representation be changed to
allow participation of both not-for-profit and for-profit developers. The following structure is
recommended:
• One (1) Chairperson, appointed by the Mayor,
• Three (3) members with backgrounds related to affordable housing development,
• Two (2) members with private real estate experience,
• One (1) member with private real estate lending experience,
93- 993
• Two (2) members with private commercial experience,
• One (1) member with private commercial lending experience, and
• One (1) member from the City Administration, appointed by the City Manager.
Resolution No. 00-867 also directed the City Manager to present each approved loan to the State
of Florida Financial Emergency Oversight Board for review and final approval. On December
18, 2001, the Financial Oversight Board was dissolved.
The Loan Committee was established to approve/disapprove certain housing and commercial
loans and/or grants to be provided by the City of Miami through the Community Development
Block Grant (CDBG), Home Investment Partnerships (HOME) and State Housing Initiatives
Partnership (SHIP) programs. The Administration has been presented proposals for affordable
housing construction through the HOPWA program.
It is recommended that the City Commission adopt the attached Resolution authorizing the
change in the composition of the eleven -member Housing and Commercial Loan Committee
(Loan Committee) to: one (1) Chairperson appointed by the Mayor, three (3) members with
backgrounds related to affordable housing development, two (2) members with private real estate
experience, one (1) member with private real estate lending experience, two (2) members with
private commercial experience, one (1) member with private commercial lending experience,
and one (1) member from the City Administration appointed by the City Manager; and
authorizing the extension of the Loan Committee's function to include the approval / disapproval
of affordable housing construction grants and loans to be provided by the City through the
Housing Opportunities for Persons with AIDS (HOPWA) Program; and further releasing the
City Manager from the obligation to present each loan approved by the Loan Committee for
review and final approval to the State of Florida Financial Emergency Oversight Board, which
was dissolved on December 18, 2001.
The proposed Resolution does not have a budgetary impact on the General Fund.
LMH/BGR
,j3- 993
CLERK'S OFFICE TEL:305-858-1610 Feb 13'01 17:44 No.019 P.03
WHEREAS, Resolution No. 98-580, adopted June 9, 1998,
authorized and directed the City Manager to appoint a seven
(7) member Housing Loan Committee for the purpose of
recommending approval/disapproval of loans and/or grants
provided by the City of Miami (the 'ACity") through its
Community Development Block .Gr (°'CDBG") funded Single
Family and Multifamily Reh4ilitation Programs, Home
Investment Partnership Program ("HOME"), and the State
Housing initiatives Partnership 'Programs ("SHIP"), in
response to findings and concerns identified by the U.S.
Department of Housing and Urban Development's District
1
Office of the Inspector General ( "OIG" ) in its Audit Report
dated March 26, 1998, regarding the City's loan
underwriting procedures; and
WHEREAS, the composit' Me Committee, approved
pursuant to Resolution No. 98-580, was comprised of a
Chairperson appointed by the Mayor, four (4) representatives
from the private sector with real estate lending and/or
affordable housing development experience and three (3)
representatives from the City Administration; and
WHEREAS, at its meeting of September 28, 1999, with the
}
adoption of Resolution No. 99-705, the City Commission approve993
CLERK'S OFFICE TEL:305-858-1610 Feb 13'01 17:45 No.019 P.04
a modification to the City of Miami Local Housing Assistance
Plan for the SHIP Program, whofrhreBullted in the expansion of
the number of housing assistance programs available to very low,
low and moderate income families residing in the City of Miami;
and
WHEREAS, since October 1999, with the establishment of the
Homebuyers Financing and Single Family Rehabilitation Programs,
which provide a maximum of up to $40,000 in financial assistance
to eligible households for the purchase of a home or the
rehabilitation of an existing home, respectively, the City has
experienced a substantial increase and demand from potential
homebuyers and current homeowners for financial assistance; and
WHEREAS, pursuant to Motion. -99-976, adopted December 14,
1999, the City Commission authorized and directing the City
Manager and the City Attorney to proceed with the termination or
winding down of the agreement with Miami Capital Development,
Inc. and obtain the loan portfolio from said entity; and
WHEREAS, subsequently, Reso on TJQ. 98-580 was amended by
the adoption of Resolution No. 00:-418 on May 11, 2000, to change
the designation of individuals to be appointed as members of the
i
City Housing Loan Committee by (1) eliminating the appointment
x;13-� 993
CLEWS OFFICE
TEL:305-858-16144 Feb 13'01 17:45 N0.019 P.05
of an individual representing Miami Capital Development, Inc.,
(2) providing for the appointment of a third member with private
real estate lending experience, and (3) providing for the City
Managers appointment of individuals from the Departments of
Planning and Zoning and Real Estate and Economic Development as
eligible members of said Committee; and
a
WHEREAS, pursuant to Resolution No. 00-413, adopted May 11,
2000, the City Commission designated the Little Haiti Credit
Union and Latin Chamber of Commerce (CAMACOL) as the
administrative entities to assist the City in its efforts to
reestablish a Commercial Loan Program that creates a
public/private partnership to stimulate business development and
growth in the City; and
WHEREAS, pursuant to Resolution No. 00-755, adopted
September 14, 2000, the City- ssion— designated the Taeolcy
'w
Economic Development Corporation, Inc. as an administrative
entity to assist the City in its efforts to reestablish a
Commercial Loan Program that creates a public/private
partnership to stimulate business development and growth in the
City; and
#j3- 993
CLERK'S OFFICE TEL:305-858-1610 Feb 13'01 17:45 No.019 P.O6
WHEREAS, presently the Department of Community Development
is responsible for servicing the loan portfolio previously
originated. and managed by Miaff6dfl4WItal Development, Inc.; and
WHEREAS, the City Commission directed the Administration to
develop guidelines for the Commercial Loan Program; and
WHEREAS, in an effort to be . more responsive to the
residents of the City, it is recommended that the City
Commission grant authority to the City Manager or his designee
to approve/disapprove specific housing loans provided by the
s -
City through the CDBG and SHIP funded Single Family
Rehabilitation and Homebuyers.•- Financing. Programs and to
establish a Housing and Commercial. Loan Committee consisting of
eleven (11) members and further directed the Administration to
develop guidelines for the Commercial Loan Program; and
WHEREAS, to accomplish the foregoing, it is in order for
the City Commission to rescind Resolution Nos. 96-580 and
00-419, in thein entirety, to abolish the existing Housing Loan
Committee, and replace same with a newly established Housing and
Commercial Loan Committee; ander
'.13- 993
CLERK'S OFFICE TEL:305-858-16 a, Feb 13'01 17:46 No.019 P.07
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 and
incorporated as if fully set forth in this Section.
Section 2. Resolutioadopted June 9, 1998•,
and Resolution No. 00-418, adQpted May 11, 2000, are hereby
rescinded in their entirety, thereby abolishing the Housing Loan
Committee created pursuant to said Resolutions.
Section 3. The City Manager is hereby authorized and
directed to establish an eleven (11) member Reu$ing and
Commercial Loan Committee to approve/disapprove certain housing
and commercial loans and/or grants to be provided by the City
through the CDBG, HOME and . SHIP Programs which shall be
comprised as follows:
(a) the Chairperson appointed by the Mayor;
(b) one (1) member who is an active affordable
housing provider;
(c) three (3) members with private real estate
lending experience;
(d) three (3) members with private commercial lending
experience; and
J-3- 993
CLERK'S OFFICE TEL:305-858-1610 Feb 13'01 17:46 Wo.019 P.08
i
(e) three (3) members appointed by the City Manager
from the City Administration.
Section 4. Except as provided in Section 5 herein, the
City of Miami Housing and C ,zal -Doan Committee is hereby
granted the authority to approve or disapprove all loan
applications for funding of affordable housing projects and
commercial (business) projects and related transactions
including, but not limited to, subordination agreements, loan
restructuring plans and/or loan repayment plana in the City's
loan portfolio.
} Section 5. The City Manager or his designee is hereby
authorized to approve or disapprove specific housing loans
provided by the City throug the City's CDBG funded Single
Family Rehabilitation Program (one to four units) in an amount
not to exceed $80,000 per transaction, and SHIP funded Single
Family Rehabilitation and Homebuyers Financing Programs in an
amount not to exceed $40,000 per transaction.
Section 6. The City Manager is hereby directed to present
each approved loan transaction to the State of Florida Financial
Emergency Oversight Board for review and final approval.
a;3— 993
n n a &=
CLERK'S OFFICE TEL:305-858-1610 Feb 13'01 17:47 No.019 P.09
Section 7. The City of Miami Lending Policy Guidelines,
attached hereto and made a part hereof, to implement the
Commercial Loan Program are hereby approved.
Section S. This Resolution shall become effective
immediately upon its•adoption and signature of the Mayor.11
PASSED AND ADOPTED this 28th day .of September, 2000.
ATTEST:
JOE CAROLLO, MAYOR
'w
r � not WiCam appm al of
s iet<►{iemi Cade Seo, 2.36, since th fNaYc+ ssw 40111 �+
In sccarder�ce signhg it �, the des natEd ��iog aa�
this by with the a of �n ( ) foam dais
., Mtfout the r
WALTER J. FOEMAN, CITY CLERK
jI�4682 :DF: IT: BSS
�, V 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 inmwdiately upon override of the veto by the City Commission. 993
December 14, 2001
OVERSIGHT BOARD
150 West Flagier Street. Suite 1815 Maria Cama Leiv.Chaiman
Miami, Florida 33130
Phone (305) 347-5633 Fax (305) 371-3160 SharonBroNvn
Gakiel Bustan=t(
'Reginald Clyne
Sheldon Schneider
The Honorable Jeb Bush, Governor
State of Florida
The Capitol, PL 05
Tallahassee, Florida 32399-0001
Dear Governor Bush:
Attached is the Final Report of the Financial Oversight Board (FOB) for the City of
Miami, we plan to adopt this report as our final action at our final meeting on December
18. This report outlines the work of the FOB over the past five years, successfully
concluding the period for the FOB pursuant to the Intergovernmental Cooperation
Agreement (ICA) with the City of Miami.
The City's external auditors have provided affirmation that the City has ended each of the
past five fiscal years with balanced operations. Pursuant to its' terms, the ICA terminates
once the City has ended each of the past five fiscal years with balanced operations. No
other financial emergency conditions have arisen concluding the terms of the ICA.
Therefore, the FOB is dissolved with the end of the ICA. We do however recommend
that you should not declare the financial emergency over pursuant to s. 218.504 F.S. until
the external auditor has issued the FY 2000-01 audit, expected for release in March 2002.
We would like to thank former Mayor Carollo and the City Commission as well as the
City's staff for their dedicated effort to complying with the ICA. This process would not
have been successful without their complete commitment to its terms and conditions. We
appreciate the hard work of all past FOB members and the staff to the FOB, all of whom
made significant contributions to the success of this process. Lastly, the FOB would like
to thank you, Governor Bush for your continued support of this process over the past
three years.
Sincerely,
)qllj, t (2. rM f IQ- '
Maria Camila Levia, Chair
Sharon Brown, Vice Chair
Sheldon Schneider
M. Btamante
;k ,q — 4 4 -I
r v..., i.ar Ow.-- rv.rr-w wr.
3ES BUSH
Gove" OA
STATS aF FLoVBA
(Office of the Oulijertior
THE CRtiTOL
TALLANASSM FLORIDA ]3344.0001
' B5Cr1�i7-09ox lax
:March 19.2002
The Honorable Manuel A. Diaz
.mayor. City of Miami
3500 Pato American Drive
P. O. Box 330708
Miami. FL 33233-4708
D= Mayar Diaz:
My office has reviewed. the Comprehensive Annual IFinimcial Report of the City of
Miami for the fiscal year ending September 30.2001, and submitted to me pursuant, to
the final Action of the Financial Oversight DQard, The Report confirms the Cit} has
implcm°etled an effective accounting and reporting system and leas now eliminated the
financial ercvrgcncy conditions which previously exists 4. No new fiAancial arnegwicy
conditions were identified by the independent auditor, XPMG.
In accordance with F.S. 219.504, k hereby declare that the City of Miami is no lower in a
state of financial emergency. l offer my sincere congratulations to the people of Miami,
its elected leadors and city tmployecs for their hard work, dedication and commitment to
resolving the financial eme:p ncy and re-establishing a system of sound financial
managenwnt.
s R-F+q IrW3.1"Z
r
hSaMENTOR. %&A SIC N9W
�J3- 993
8D The Herald www.heraid.com SATURDAY, AUGUST 30, 2115 F
The Mia nd City Commission will hold a Public Nearing
to the Cmmndy
Department of Com amWW to discuss issues nd
ity Developowit Block Grant cow HUD ftograms.
Tuesday, September 11.2003, 30 PJM.
CRY of Miami Commission Chamber
3500 Pan American Drive
Miami., Florida
Federal regulations governing the City of Miami CDBG program requires that a participating jurisdiction provide citizens
with reasonable notice of and an opportunity to comment on any amendments to the CDBG program. Additionally, the
public is being advised of amendments to the CDBG funds program all of which amendments are indicated below:
1. Discussion and proposed resolution granting an extension from December 28, 2002 to January 9, 2003, to
Pafinetto Homes of Miami, Inc., to complete the construction of three (3) single family homes affordable to
families and individuals of very low, tow and moderate income on formerly city -owned parcels in the Model
City neighborhood; stating the intention of the City Commission related to the date of conveyance of title to
said parcels.
2. Discussion and proposed resolution deobligating 2r Year Community Development Block Grant (COBG) Ennuis
in the amount of S31,0DO from Saint John Bosco Church in District 3 and reallocating the finds to the City of
Miami Department of Capital improvement Projects to upgrade the air conditioning in the Manuel Artime
Building, for improvement of energy efficiency, to be completed by September 30, 2004.
3. Discussion and proposed resolution transferring 28" Year Community Development Block Grant (CDBG)
Program Wads in the Public Services Category in District 5 of $9.138.81 from James E. Scott Community
Association, incAommunity Awareness Program to Word of Life Community Development Corporation for
Public Services activities in District 5,
4. Discussion and proposed resolution authorizing the change in the composition of the eleven (11) member
Housing and Commer.ial Loan Committee to: one (1) chairperson appointed by the Mayor: three (3) members
with backgrouixis related to affordable housing development, two (2) members with private real estate
private
commercial wwrione ence, one (1ember with
m � private commeral estate gaata�exp imu and one (1)members membermeter
from the City Adminnistuddoi h appointed by the City Manager; and au horiting the extension of the Loan
Committee's function to Yxiude the approval/disapproval of affordable housing construction grants and loans
to be provided by the City through the Housing Opportunities for Persons with AIDS (K"A) Program; and
lather releasing the City Manager from the obligation to present each loan approved by the Loan Committee
for review and final approval to the State of Florida Financial Emergency Oversight Board, which was
dissolved on December 18.2001.
5. Discurssion and proposed resaiution authorizing a change in ttte properties to be purchased by MOVERS, IrtC.
vriUi Housing Opportunities for Persons with AIDS {HDPWA} fhxhds tram properties adjacent to the Sugar Hill
facility to properties in tthe area around the Sugar MGII facifdy; and furtther aughori'brhg the expansion of the
project to be developed on the properties from seventeen (17} hothsing units lo ra more than nifty -two {52)
long term housing rnruts plus rro nae thrash ten (11) units of emergency transitional housing.
6. Discussion and proposed resolution authoizing the Wobligation of 28" Year Community Development Block
Grant (CDBG) funds in the amount of $484,580.43 from the Section 108 Loan Guararitee Program and further
reallocating said funds to the Housing Loan Recovery Fund for the purpose of protecting the City's Housing
Loan Porffoio,
7. Discussion and proposed resolution allocating Commurdty Development Block Grant (CDBG) funds from the
previously approved District 5 tittle Haiti Job Creation Pilot Project Set -Aside in the amount of $91,100 to
Neptune and Son Restaurant and Beauty Shap, Corp. for the restaurant and $60,000 fo Neptune and Son
Restaurant and Beauty Shop, Corp. for the Beauty Pador in the form of five (5) year deferred, forgivable loans
with the provision that the funds be used to create and mamfain new employment opportunities for residents
of the Little NO neighborhood for a period of five (5) years, subject to submission of evidence of avaltable
financing to complete each project
Interested individuals are encouraged to attend this Public Nearing. The meeting site is accessible to the handicapped.
(Ad No. 11564)
3- 993
File Number: 04-00165
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/11/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
INCREASE IN THE NUMBER OF MEMBERS OF THE HOUSING AND
COMMERCIAL LOAN COMMITTEE ("LOAN COMMITTEE") TO INCLUDE ONE
REPRESENTATIVE OF THOSE AREAS OF LABOR ACTIVELY ENGAGED IN
HOME BUILDING IN CONNECTION WITH AFFORDABLE HOUSING AND ONE
MEMBER WHO ACTIVELY SERVES ON THE LOCAL PLANNING AGENCY TO
ALLOW THE LOAN COMMITTEE TO ACT AS THE AFFORDABLE HOUSING
ADVISORY COMMITTEE AS REQUIRED BY THE STATE HOUSING INITIATIVE
PROGRAM.
WHEREAS, the State of Florida State Housing Initiative Program ("SHIP") regulations (F.S.
Chapter 420.9076) require that the governing board of a county or municipality shall appoint the
members of the Affordable Housing Advisory Committee ("Advisory Committee") by resolution;
and
WHEREAS, the required composition of the Advisory Committee is as follows:
(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 a for-profit provider of affordable housing.
(6) One citizen who is actively engaged as a not-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.
(9) One citizen who resides within the jurisdiction of the local governing body making the
appointments; and
WHEREAS, the Commercial Loan Committee ("Loan Committee") membership structure is as
follows:
One (1) Chairperson, appointed by the Mayor,
Three (3) members with backgrounds related to affordable housing development,
Two (2) members with private real estate experience,
One (1) member with private real estate lending experience,
Two (2) members with private commercial experience,
City of Mia nai Page I of 2 File Id: 04-00165 (Version: 1) Printed Ora: 11/2/2015
City of Miami
$ #' 1M6{Rr FPFR'
IMP
Legislation
Resolution: R-04-0156
File Number: 04-00165
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/11/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
INCREASE IN THE NUMBER OF MEMBERS OF THE HOUSING AND
COMMERCIAL LOAN COMMITTEE ("LOAN COMMITTEE") TO INCLUDE ONE
REPRESENTATIVE OF THOSE AREAS OF LABOR ACTIVELY ENGAGED IN
HOME BUILDING IN CONNECTION WITH AFFORDABLE HOUSING AND ONE
MEMBER WHO ACTIVELY SERVES ON THE LOCAL PLANNING AGENCY TO
ALLOW THE LOAN COMMITTEE TO ACT AS THE AFFORDABLE HOUSING
ADVISORY COMMITTEE AS REQUIRED BY THE STATE HOUSING INITIATIVE
PROGRAM.
WHEREAS, the State of Florida State Housing Initiative Program ("SHIP") regulations (F.S.
Chapter 420.9076) require that the governing board of a county or municipality shall appoint the
members of the Affordable Housing Advisory Committee ("Advisory Committee") by resolution;
and
WHEREAS, the required composition of the Advisory Committee is as follows:
(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 a for-profit provider of affordable housing.
(6) One citizen who is actively engaged as a not-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.
(9) One citizen who resides within the jurisdiction of the local governing body making the
appointments; and
WHEREAS, the Commercial Loan Committee ("Loan Committee") membership structure is as
follows:
One (1) Chairperson, appointed by the Mayor,
Three (3) members with backgrounds related to affordable housing development,
Two (2) members with private real estate experience,
One (1) member with private real estate lending experience,
Two (2) members with private commercial experience,
City of Mia nai Page I of 2 File Id: 04-00165 (Version: 1) Printed Ora: 11/2/2015
File Number. 04-00965 Enactment Number: R-04-0156
One (1) member with private commercial lending experience, and
One (1) member from the City Administration, appointed by the City Manager;
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 adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. An increase in the membership of the Loan Committee allowing it to serve as the
City of Miami's Affordable Housing Advisory Committee as required by SHIP is authorized. Two
(2) additional members appointed by the City Manager shall have the following qualifications:
One (1) member representative of those areas of labor actively engaged in home building
in connection with affordable housing; and
One (1) member who actively serves on the local planning agency.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {1)
Footnotes:
{1) If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10)
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.
City of Miami Page 2 of 2 File Id. 04-00165 (Version: 1) Printed On: 11/2/2015
File Number: 08-00978
City of Miami
Legislation
Ordinance: 13030
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/16/2008
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
2, ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/ BOARDS,
COMMITTEES, COMMISSIONS," BY ESTABLISHING THE HOUSING AND
COMMERCIAL LOAN COMMITTEE ("BOARD"), SETTING FORTH THE
BOARD'S PURPOSE, POWERS AND DUTIES, PROVIDING FOR
COMPOSITION AND APPOINTMENTS, TERMS OF OFFICE, VACANCIES,
MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS,
OFFICERS, QUORUM AND VOTING, MEETINGS, ABOLISHMENT, LIAISON
DESIGNATED BY THE CITY MANAGER, COUNSEL, AND PROVIDING FOR
"SUNSET" REVIEW; MORE PARTICULARLY BYAMENDING SECTION 2-892
AND ADDING NEW DIVISION 19 TO ARTICLE XI OF CHAPTER 2 OF THE
CITY CODE; RESCINDING RESOLUTIONS NOS. 00-867,02-14,03-993
AND 04-0156 IN THEIR ENTIRETY; CONTAINING A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 00-867, adopted September 28, 2000, the City
Commission approved the establishment of a Housing and Commercial Loan Committee with authority
to approve certain housing and commercial loans and/or grants to be to be provided by the City of
Miami ("City") through various state and federal funding sources; and
WHEREAS, the authority and composition of the Housing and Commercial Loan Committee was
amended by the City Commission by Resolution No. 02-14, adopted January 10, 2002, Resolution No.
03-993, adopted September 11, 2002, and Resolution No. 04-0156, adopted March 11, 2005; and
WHEREAS, pursuant to the requirements of the Florida State Housing Initiatives Partnership
Program ("SHIP"), the City is required to establish an affordable housing advisory committee providing
oversight and ongoing recommendations on affordable housing issues, including recommending
monetary and nonmonetary incentives for affordable housing, and reviewing established policies and
procedures, ordinances, land development regulations, and the comprehensive plan, in order to
recommend specific actions or initiatives to encourage or facilitate affordable housing; and
WHEREAS, the City Commission wishes to establish the Housing and Commercial Loan
Committee ("Board") by Ordinance to function as the affordable housing advisory committee required
by the SHIP Program, and to perform the other duties and responsibilities relative to affordable
housing and small business development set forth herein; and
WHEREAS, the Board shall receive its initial sunset review in the Year 2013, and every four years
thereafter;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
City of Miami Page 1 of 7 File Id. 08-00978 (Version: 2) Printed On: 11/2/2015
File Number 08-00978 Enactment Number: 13030
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 2, Article XI, of the Code of the City of Miami, Florida, as amended ("City
Code") is amended in the following particulars:{1}
"Chapter 2
ADMINISTRATION
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY
Sec. 2-892. "Sunset" review of boards.
Commencing with the year 1995, each city board shall be reviewed in the following manner:
(4) The following boards shall initially be reviewed in the following years and shall be
reviewed every four years thereafter:
M. 2011: Reserved.
n. 2012: Reserved.
o. 2013: District 1 Housing Advisory Board
Housing and Commercial Loan Committee
Section 3. The City Code, is further amended by adding new Division 19 to Chapter 2 entitled
"Administration," as follows:{1}
"Chapter 2
City of Miami Page 2 of 7 File Id: 08-00978 (Version: 2) Printed On: 11/2/2015
File Number: 08-00978 Enactment Number: 13030
ADMINISTRATION
ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS
DIVISION 19. HOUSING AND COMMERCIAL LOAN COMMITTEE
Sec. (To be determined). Establishment and purpose.
There is hereby created and established a board, to be known as the Housing and Commercial
Loan Committee, for the following purposes: (1) serving as the affordable housing advisory committee
required by the Florida SHIP Program, (2) approving or disapproving housing and commercial loans
and grants to be provided by the City of Miami through any funds administered by the Department of
Community Development; (3) providing oversight and ongoing recommendations on affordable
housing issues, and (4) performing such other duties and responsibilities relative to affordable
housing and small business development as may be set forth herein or incident thereto.
Sec. (To be determined). Functions, powers and duties generally.
The Housing and Commercial Loan Committee is hereby authorized to:
(a) Approve, disapprove and restructure housing and commercial loans and grants to be provided by
the City of Miami through any funds administered by the Department of Community Development.
Those funds include, but are not limited to, the following: Community Development Block Grant
("CDBG"), HOME Investment Partnerships ("HOME"), Housing Opportunities for People with AIDS
("HOPWA"), Florida State Housing Initiatives Partnership ("SHIP"), and the Affordable Housing Trust
Fund ("AHTF").
(b) Establish housing related and commercial loan policies.
(c) Approve the local affordable housing incentive strategy recommendations by affirmative vote of a
majority of the membership of the Board.
(d) Triennially, review established policies, procedures, ordinances, land development regulations, and
the adopted comprehensive plan and recommend, if necessary, specific actions or initiatives to
encourage or facilitate affordable housing.
(e) Triennially submit a report to the City Commission which includes recommendations and evaluates
the implementation of affordable housing incentives in the following areas, if applicable:
1. Expediting the approval process for development permits for affordable housing to a greater
degree than other projects;
2. Modification of impact -fee requirements, including reduction or waiver of fees and alternative
methods of fee payment for affordable housing;
City of Miami Page 3 of 7 File Id: 08-00978 (version: 2) Printed On: 11/2/2015
File Number: 08-00978 Enactment Number: 13030
3. The allowance of flexibility in densities for affordable housing;
- ' 4. The reservation of infrastructure capacity for housing for very -low-income persons, low-income
persons, and moderate -income persons;
5. The allowance of affordable accessory residential units in residential zoning districts;
6. The reduction of parking and setback requirements for affordable housing;
7. The allowance of flexible lot configurations, including zero -lot -line configurations for affordable
housing;
8. The modification of street requirements for affordable housing;
9. The establishment of a process by which the City considers, before adoption, policies, procedures,
ordinances, regulations, or plan provisions that increase the cost of housing;
10. The preparation of a printed inventory of locally owned public lands suitable for affordable housing;
11. The support of development near transportation hubs and major employment centers and
mixed-use developments;
12. Other affordable housing incentives identified by the Board.
Sec. (To be determined). Governing body -composition and appointments; terms of office
and vacancies, membership qualifications; procedures for appointment of members including
the public advocate; officers; quorum and voting; meetings; and attendance requirements.
(a) Governing body -composition and appointments.
The Board shall consist of thirteen (13) members.
(1) The following 10 members shall be appointed by the City Commission:
• One member who is actively engaged in the residential home building industry in connection with
affordable housing;
• One member who is actively engaged in the banking or mortgage banking industry in connection
with affordable housing;
• One member who is a representative of those areas of labor actively engaged in home building in
connection with affordable housing;
• One member who is actively engaged as an advocate for low-income persons in connection with
affordable housing;
• One member who is actively engaged as a for-profit provider of affordable housing,
• One member who is actively engaged as a not-for-profit provider of affordable housing;
• One member who is actively engaged as a real estate professional in connection with affordable
housing;
• One member who resides within the city limits of the city of Miami;
• One member who represents employers within the city of Miami; and
• One member who represents essential services personnel, as defined in the local housing
assistance plan;
If the city is unable to appoint a member actively engaged in these activities in connection with
affordable housing, a member engaged in the activity without regard to affordable housing may be
appointed.
(2) The following 3 members shall be appointed as follows:
City of Miami Page 4 of 7 File Id: 08-00978 (Version: 2) Printed On: 11/212015
File Number: 08-00978 Enactment Number: 13030
E • One chairperson nominated by the mayor and appointed by city commission;
• Two members from city administration nominated by the city manager and appointed by city
commission. One of these two members shall actively serve on the city's planning department;
Terms of office and vacancies. Members shall be appointed for a term of four years. Except as
hereinafter provided, the City Commission shall appoint an individual to fill a vacancy due to the death,
resignation or removal of any member of the Board, which person shall serve only for the remainder of
the unexpired term. A vacancy in the chairperson or any of the two members appointed from City
administration shall be filled in the same manner as provided above for the appointment of those
Board members. Nothing set forth herein shall prohibit any individual from being reappointed, subject
to the provisions of Section 2-885 of this Code.
(c) Membership qualifications. All Board members shall be 18 years of age or older.
Each member of the Board shall be an individual of outstanding reputation for integrity,
responsibility and commitment to serving the community, and is expected to participate actively in the
functioning of the Board.
Except as provided in subsection (a) (1) of this section, members of the Board shall not be
required to be permanent residents of the city, own real property in the city, or work or maintain a
business in the city.
M Procedure for appointment of members. No appointment to the Board shall be made until notice
has been given in a newspaper of general circulation in the City of the appointments to be made at
least fifteen (15) days prior to making the appointment, which notice shall have solicited and
' encouraged the public and citizen organizations within the City having interest to submit names of
persons and their qualifications for consideration. The qualifications of those to be considered as
prospective members of the Board shall be evaluated by the Department of Community Development.
The Department of Community Development shall recommend appointees to the City Commission for
final appointment.
(e) Officers. The chairperson shall be appointed by the Mayor. The Board shall elect from its
members a vice -chairperson, and may designate a secretary and such other officers as deemed
necessary. The chairperson of the Board shall have the power to appoint all members serving on the
various committees which the Board may establish from time to time.
(f) Quorum and voting. At all meetings of the Board, a minimum of five members shall constitute a
quorum for the transaction of business, and each member shall have one vote on every issue
submitted to a vote of the Board. The act of a maiority of the members present at a meeting at which
a quorum is present shall be the act of the Board. The members of the Board may make and adopt
bylaws and rules for the Board's governance.
f_q) Meetings. The Board shall hold regular monthly meetings, except in the month of August, and may
hold such other meetings as it deems necessary. All meetings of the Board shall be public meetings.
Written minutes of the proceedings of all actions taken at the meetings of the Board shall be properly
recorded and maintained.
(h) Attendance requirements. (1) Any Board member shall be automatically removed if, in a given
City of Miami Page 5 of 7 File Id. 08-00978 (version: 2) Printed On: 111212015
File Number: 08-00978 Enactment Number: 13030
calendar year:
(a) He or she is absent from three consecutive meetings; or
(b) He or she is absent from four of the Board's meetings;
(c) Provided that regardless of their compliance with subsections (1)(a) and (b) hereinabove,
members must attend at least 50 percent of all the Board meetings held during each calendar year.
(2) A member of the Board shall be deemed absent from a meeting when he or she is not present at
the meeting at least 75 percent of its duration.
(3) The provisions of this section may be waived by a vote of the members of the Board if, prior to
removal for failing to meet the attendance requirements hereinabove, a member requests a waiver of
the same providing the member's reasons supporting such request.
Sec. (To be determined). Staff Liaison; assignment, qualifications, general powers and
responsibilities.
There shall be an individual or individuals who shall be specifically assigned to the Board by the
City Manager to facilitate its activities. The employee assigned by the City Manager shall act as the
liaison to the Board and the Administration and shall have general supervision over and be responsible
for the management and operation of all Board activities. The employee shall attend all meetings of
the Board, and shall from time to time prepare and furnish such reports, audits and other information
relating to the duties of the Board as may be requested by the Board, the Administration or the
Community Development Department. In the event that the employee is for any reason temporarily
incapable of exercising the powers and performing the duties and assigned functions, the City
Manager shall designate an employee to perform such functions and duties until such incapacity of the
permanently assigned employee ceases.
Sec. (To be determined). Counsel.
The City Attorney's Office shall provide legal counsel to the Board as may be necessary
and requested by the Board.Sec. (To be determined). Administrative Support Services.
The Board is hereby designated as a Category "C" board as it relates to the administrative
support services to be provided by the Office of the City Clerk.
Sec. (To be determined). Sunset Review of the Board.
Notwithstanding the provisions contained in Section 2-892 of this Code, the Board shall be
initially reviewed in 2013. Thereafter the Board shall be reviewed every four years.
Sec. (To be determined). Abolition of the Board.
The City Commission may, by an affirmative four-fifths (4/5ths) vote, abolish the Board, at
which time the powers and duties of the Board shall revert to the City.
*11
Section 4. Resolutions Nos. 00-867, 02-14, 03-993 and 04-0156 are hereby rescinded in their
entirety, provided, however, that the members of the Housing and Commercial Loan Committee
created and existing pursuant to such Resolutions shall continue to serve until such time as the
City of Miami Page 6 of 7 File Id. 08-00978 (Version: 2) Printed On: 11/2/2015
File Number: 08-00978 Enactment Number: 13030
members of the board established by this Ordinance have been appointed and qualified.
Section 5. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 6. It is the intention of the City Commission that the provisions of this Ordinance shall
become and be made a part of the Code of the City of Miami, Florida, as amended, which provisions
may be renumbered or relettered and that the word 'ordinance" may be changed to "section", "article",
or other appropriate word to accomplish such intention.
Section 7. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof.{2}
Footnotes:
{1 } Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall
be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate
omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
City of Miami Page 7 of 7 File Id: 08-00978 ([version: 2) Printed On: 111212015