R21-089 1 RESOLUTION NO. R21-089
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA CONCERNING THE CITY'S AFFORDABLE
5 HOUSING ADVISORY COMMITTEE; RE-APPOINTING
6 MEMBERS WHO MEET STATUTORY QUALIFICATION
7 FOR APPOINTMENT; DEFINING TERMS OF
8 APPOINTMENT FOR MEMBERS OF THE COMMITTEE;
9 AUTHORIZING THE COMMITTEE TO PERFORM THE
10 DUTIES AS PROVIDED IN SECTION 420.9076, FLORIDA
11 STATUTES; PROVIDING FOR CONFLICT,
12 SEVERABILITY,AND AN EFFECTIVE DATE.
13
14 WHEREAS, in order to qualify for funding Florida Statute 420.6015 requires that
15 public and private resources be joined in an effort to improve existing housing and provide new
16 housing for very low, low and moderate-income households; and
17 WHEREAS, Local governments must establish an affordable housing advisory
18 committee to recommend monetary and non-monetary incentives for affordable housing as
19 provided in Florida Statute 420.9076; and
20 WHEREAS, Effective October 1, 2020, the committee must consist of one locally
21 elected official from each county or municipality participating in the State Housing Initiatives
22 Partnership Program and one representative from at least six of the categories below:
23 (a) A citizen who is actively engaged in the residential home building industry in connection
24 with affordable housing.
25 (b) A citizen who is actively engaged in the banking or mortgage banking industry in
26 connection with affordable housing.
27 (c) A citizen who is a representative of those areas of labor actively engaged in home
28 building in connection with affordable housing.
29 (d) A citizen who is actively engaged as an advocate for low-income persons in connection
30 with affordable housing.
31 (e) A citizen who is actively engaged as a for-profit provider of affordable housing.
32 (f) A citizen who is actively engaged as a not-for-profit provider of affordable housing.
(00459315.1306-9001821) 1
S:\CA\RESO\Affordable Housing Committee(00459315xc4b6a).Docx
33 (g) A citizen who is actively engaged as a real estate professional in connection with
34 affordable housing.
35 (h) A citizen who actively serves on the local planning agency pursuant to s. 163.3174. If
36 the local planning agency is comprised of the governing board of the county or municipality,
37 the governing board may appoint a designee who is knowledgeable in the local planning
38 process.
39 (i) A citizen who resides within the jurisdiction of the local governing body making the
40 appointments.
41 (j) A citizen who represents employers within the jurisdiction.
42 (k) A citizen who represents essential services personnel,as defined in the local housing
43 assistance plan.
44 WHEREAS, the City Commission deems it to be in the best interests of the citizens
45 and residents of the City of Boynton Beach to appoint members to the Affordable Housing
46 Advisory Committee.
47 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
48 THE CITY OF BOYNTON BEACH,FLORIDA THAT:
49 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
50 as being true and correct, and are hereby incorporated herein and made a part hereof.
51 Section 2. The City Commission hereby reinstates the Affordable Housing
52 Advisory Committee(AHAC)and,pursuant to the requirements set forth in Section 420.9076,
53 Florida Statutes appoints the following members to the Affordable Housing Advisory
54 Committee:
55 (a) A citizen who is actively engaged in the residential home building industry in connection
56 with affordable housing. - for a term of
57 (b) A citizen who is actively engaged in the banking or mortgage banking industry in
58 connection with affordable housing. - for a term of
59 (c) A citizen who is a representative of those areas of labor actively engaged in home
60 building in connection with affordable housing. - for a term of
61
(00459315.1306-9001821) 2
S:\CA\RESO\Affordable Housing Committee(00459315xc4b6a).Docx
62 (d) A citizen who is actively engaged as an advocate for low-income persons in connection
63 with affordable housing. - for a term of
64 (e) A citizen who is actively engaged as a for-profit provider of affordable housing. -
65 fora term of
66 (f) A citizen who is actively engaged as a not-for-profit provider of affordable housing. -
67 fora term of
68 (g) A citizen who is actively engaged as a real estate professional in connection with
69 affordable housing. - for a term of
70 (h) A citizen who actively serves on the local planning agency pursuant to s. 163.3174. If
71 the local planning agency is comprised of the governing board of the county or municipality,
72 the governing board may appoint a designee who is knowledgeable in the local planning
73 process. - for a term of
74 (i) A citizen who resides within the jurisdiction of the local governing body making the
75 appointments. - for a term of
76 (j) A citizen who represents employers within the jurisdiction. - for
77 a term of
78 (k) A citizen who represents essential services personnel, as defined in the local housing
79 assistance plan. - for a term of
80 (1) An Elected Official. for a term of
81 Section 3. The advisory committee shall meet annually and shall act in accordance
82 with Section 420.9076, Florida Statutes and shall review the established policies and
83 procedures, ordinances, land development regulations, and the City's adopted comprehensive
84 plan and shall recommend specific actions or initiatives to encourage or facilitate affordable
85 housing while protecting the ability of the property to appreciate in value. The
86 recommendations may include the modification or repeal existing policies, procedures,
87 ordinances, regulations or plan provisions; the creation of exceptions applicable to affordable
88 housing;or the adoption of new policies,procedures,regulations,ordinances or plan provisions,
89 including recommendations to amend the comprehensive plan and corresponding regulations,
90 ordinances and other policies. At a minimum,the advisory committee shall submit a report to
{00459315.1306-9001821} 3
S:\CA\RESO\Affordable Housing Committee(00459315xc4b6a).Docx
91 the City Commission that includes recommendations on and annually thereafter evaluates the
92 implementation of affordable housing incentives.
93 Section 4. This Resolution shall become effective on passage.
94 PASSED AND ADOPTED this 3rd day of August, 2021.
95 CITY OF BOYNTON BEACH,FLORIDA
96
97 YES NO
98
99 Mayor—Steven B. Grant ✓
100
101 Vice Mayor—Woodrow L. Hay ✓
102
103 Commissioner—Justin Katz
104
105 Commissioner—Christina L. Romelus
106 <^ \
107 Commissioner—Ty Penserga
108
109 VOTE CA -0
110 ATTEST:
111
112
113
114 "I/I//LLt I���/ AIS .r
115 Tammy Stanzi• e
116 Deputy City Clerk
117
118
119
120 (Corporate Seal)
•
•
w
. 4
•
{00459315.1306-9001821} 4
S:\CA RESO\Affordable Housing Committee(00459315xc4b6a).Docx
420.9076 Adoption of affordable housing incentive strategies; committees. —
(1) Each county or eligible municipality participating in the State Housing Initiatives
Partnership Program, including a municipality receiving program funds through the
county, or an eligible municipality must, within 12 months after the original adoption of
the local housing assistance plan, amend the plan to include local housing incentive
strategies as defined in s. 420.9071(16).
(2) The governing board of a county or municipality shall appoint the members of the
affordable housing advisory committee. Pursuant to the terms of any interlocal
agreement, a county and municipality may create and jointly appoint an advisory
committee. The local action adopted pursuant to s. 420.9072 which creates the advisory
committee and appoints the advisory committee members must name at least 8 but not
more than 11 committee members and specify their terms. Effective October 1, 2020,
the committee must consist of one locally elected official from each county or
municipality participating in the State Housing Initiatives Partnership Program and one
representative from at least six of the categories below:
(a) A citizen who is actively engaged in the residential home building industry in
connection with affordable housing.
(b) A citizen who is actively engaged in the banking or mortgage banking industry in
connection with affordable housing.
(c) A citizen who is a representative of those areas of labor actively engaged in home
building in connection with affordable housing.
(d) A citizen who is actively engaged as an advocate for low-income persons in
connection with affordable housing.
(e) A citizen who is actively engaged as a for-profit provider of affordable housing.
(f) A citizen who is actively engaged as a not-for-profit provider of affordable housing.
(g) A citizen who is actively engaged as a real estate professional in connection with
affordable housing.
(h) A citizen who actively serves on the local planning agency pursuant to s. 163.3174.
If the local planning agency is comprised of the governing board of the county or
municipality, the governing board may appoint a designee who is knowledgeable in the
local planning process.
(i) A citizen who resides within the jurisdiction of the local governing body making the
appointments.
(j) A citizen who represents employers within the jurisdiction.
(k) A citizen who represents essential services personnel, as defined in the local
housing assistance plan.
(3) All meetings of the advisory committee are public meetings, and all committee
records are public records. Staff, administrative, and facility support to the advisory
committee shall be provided by the appointing county or eligible municipality.
(4) Annually, the advisory committee shall review the established policies and
procedures, ordinances, land development regulations, and adopted local government
comprehensive plan of the appointing local government and shall recommend specific
actions or initiatives to encourage or facilitate affordable housing while protecting the
ability of the property to appreciate in value. The recommendations may include the
modification or repeal of existing policies, procedures, ordinances, regulations, or plan
provisions; the creation of exceptions applicable to affordable housing; or the adoption
of new policies, procedures, regulations, ordinances, or plan provisions, including
recommendations to amend the local government comprehensive plan and
corresponding regulations, ordinances, and other policies. At a minimum, each advisory
committee shall submit an annual report to the local governing body and to the entity
providing statewide training and technical assistance for the Affordable Housing
Catalyst Program which includes recommendations on the implementation of affordable
housing incentives in the following areas:
(a) The processing of approvals of development orders or permits for affordable
housing projects is expedited to a greater degree than other projects, as provided in
s. 163.3177(6)(f)3.
(b) All allowable fee waivers provided for the development or construction of
affordable housing.
(c) The allowance of flexibility in densities for affordable housing.
(d) The reservation of infrastructure capacity for housing for very-low-income persons,
low-income persons, and moderate-income persons.
(e) Affordable accessory residential units.
(f) The reduction of parking and setback requirements for affordable housing.
(g) The allowance of flexible lot configurations, including zero-lot-line configurations
for affordable housing.
(h) The modification of street requirements for affordable housing.
(i) The establishment of a process by which a local government considers, before
adoption, policies, procedures, ordinances, regulations, or plan provisions that increase
the cost of housing.
(j) The preparation of a printed inventory of locally owned public lands suitable for
affordable housing.
(k) The support of development near transportation hubs and major employment
centers and mixed-use developments.
The advisory committee recommendations may also include other affordable housing
incentives identified by the advisory committee. Local governments that receive the
minimum allocation under the State Housing Initiatives Partnership Program shall
perform an initial review but may elect to not perform the annual review.
(5) The approval by the advisory committee of its local housing incentive strategies
recommendations and its review of local government implementation of previously
recommended strategies must be made by affirmative vote of a majority of the
membership of the advisory committee taken at a public hearing. Notice of the time,
date, and place of the public hearing of the advisory committee to adopt its evaluation
and final local housing incentive strategies recommendations must be published in a
newspaper of general paid circulation in the county. The notice must contain a short and
concise summary of the evaluation and local housing incentives strategies
recommendations to be considered by the advisory committee. The notice must state
the public place where a copy of the evaluation and tentative advisory committee
recommendations can be obtained by interested persons. The final report, evaluation,
and recommendations shall be submitted to the corporation.
(6) Within 90 days after the date of receipt of the evaluation and local housing
incentive strategies recommendations from the advisory committee, the governing body
of the appointing local government shall adopt an amendment to its local housing
assistance plan to incorporate the local housing incentive strategies it will implement
within its jurisdiction. The amendment must include, at a minimum, the local housing
incentive strategies required under s. 420.9071(16). The local government must consider
the strategies specified in paragraphs (4)(a)-(k) as recommended by the advisory
committee.
(7) The governing board of the county or the eligible municipality shall notify the
corporation by certified mail of its adoption of an amendment of its local housing
assistance plan to incorporate local housing incentive strategies. The notice must
include a copy of the approved amended plan.
(a) If the corporation fails to receive timely the approved amended local housing
assistance plan to incorporate local housing incentive strategies, a notice of termination
of its share of the local housing distribution shall be sent by certified mail by the
corporation to the affected county or eligible municipality. The notice of termination
must specify a date of termination of the funding if the affected county or eligible
municipality has not adopted an amended local housing assistance plan to incorporate
local housing incentive strategies. If the county or the eligible municipality has not
adopted an amended local housing assistance plan to incorporate local housing
incentive strategies by the termination date specified in the notice of termination, the
local distribution share terminates; and any uncommitted local distribution funds held
by the affected county or eligible municipality in its local housing assistance trust fund
shall be transferred to the Local Government Housing Trust Fund to the credit of the
corporation to administer the local government housing program.
(b) If a county fails to timely adopt an amended local housing assistance plan to
incorporate local housing incentive strategies but an eligible municipality receiving a
local housing distribution pursuant to an interlocal agreement within the county does
timely adopt an amended local housing assistance plan to incorporate local housing
incentive strategies, the corporation, after issuance of a notice of termination, shall
thereafter distribute directly to the participating eligible municipality its share calculated
in the manner provided in s. 420.9073.
(c) Any county or eligible municipality whose local distribution share has been
terminated may subsequently elect to receive directly its local distribution share by
adopting an amended local housing assistance plan to incorporate local housing
incentive strategies in the manner and according to the procedure provided in this
section and by adopting an ordinance in the manner required in s. 420.9072.
(8) The advisory committee may perform other duties at the request of the local
government, including:
(a) The provision of mentoring services to affordable housing partners including
developers, banking institutions, employers, and others to identify available incentives,
assist with applications for funding requests, and develop partnerships between various
parties.
(b) The creation of best practices for the development of affordable housing in the
community.
(9) The advisory committee shall be cooperatively staffed by the local government
department or division having authority to administer local planning or housing
programs to ensure an integrated approach to the work of the advisory committee.
(10) The locally elected official serving on an advisory committee, or a locally elected
designee, must attend biannual regional workshops convened and administered under
the Affordable Housing Catalyst Program as provided in s. 420.531(2). If the locally
elected official or a locally elected designee fails to attend three consecutive regional
workshops, the corporation may withhold funds pending the person's attendance at the
next regularly scheduled biannual meeting.
History.—s. 32, ch. 92-317; s. 15, ch. 93-181; s. 38, ch. 97-167; s. 24, ch. 2006-69; s. 19, ch.
2007-198; s. 117, ch. 2008-4; s. 30, ch. 2009-96; s. 16, ch. 2011-15; s. 67, ch. 2011-139; s.
11, ch. 2016-210; s. 19, ch. 2020-27.