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Home My WebLink AboutR-98-1107J-98-1104 11/3/98 RESOLUTION NO. 9 v— 110 7 A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING, WAIVING THE PROHIBITION SET FORTH IN SECTION 2-612 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHEREBY A CITY EMPLOYEE IS PROHIBITED FROM TRANSACTING BUSINESS WITH THE CITY; APPROVING MR. ROBERTO GONZALEZ, AN EMPLOYEE OF THE CITY OF MIAMI'S PARKS AND RECREATION DEPARTMENT, TO PARTICIPATE IN THE CITY OF MIAMI COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") ASSISTED SINGLE FAMILY REHABILITATION LOAN PROGRAM ADMINISTERED BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT; SAID WAIVER BASED UPON THE FINDING THAT IT WOULD BE IN THE BEST INTEREST OF THE CITY AND STIPULATING THAT SAID PARTICIPATION SHALL BE LIMITED TO THOSE PROPERTIES THAT ARE NOT OR HAVE NOT BEEN THE SUBJECT OF ANY CITY BOARD ACTION. WHEREAS, the City of Miami ("City"), through the Community Development Block Grant Program funded through the United States Department of Housing and Urban Development has implemented the CDBG Assisted Single Family Rehabilitation Loan Program (the "Program") for City residents; and WHEREAS, the Department of Community Development, Housing Division administers this program; and WHEREAS, Mr. Roberto Gonzalez, a City of Miami's Parks and Recreation Department employee, who owns property within the City, has applied for rehabilitation assistance under said CITY CobMSSZON MEETING OF. NOV 17 1998 Resohmm um 98-1102, Program; and WHEREAS, said employee qualifies in all respects for participation in said Program except that he is a person employed by the City and is thereby prohibited from transacting business with the City, pursuant to the requirements set forth in Section 2-612, Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, pursuant to Section 2-614 of the City Code, a waiver must be obtained in order for Mr. Roberto Gonzalez to participate in said Program; and WHEREAS, according to the Program's guidelines the City should offer the Program to all property owners of the City, notwithstanding their employment by the City; and WHEREAS, other City employees or direct family who have applied and qualified for participation in this program have been granted a waiver; and WHEREAS, Mr. Gonzalez's participation shall be limited to those properties that are not or have not been the subject of any City board action; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Based upon the findings set forth in Section 3 hereof, the requirements and prohibition contained in - 2 - 98-1107 Section 2-612 of the City Code, are hereby waived, by a 4/5ths affirmative vote of the members of the City Commission, after a duly advertised public hearing. Section 3. The waiver set forth in Section 2 hereof is based upon the following findings: a) Mr. Roberto Gonzalez, owner of a property in the Allapattah target area, has applied and is qualified for participation in the City's CDBG Assisted Single Family Rehabilitation Loan Program (the "Program") administered by the City's Department of Community Development, Housing Division through the Community Development Block Grant Program funded by the United States Department of Housing and Urban Development. b) According to the Program's guidelines, the City should offer the Program to all property owners of the City, notwithstanding their or their relatives employment by the City. c) The herein proposed participation will be in the best interest of the City of Miami. Section 4. Mr. Roberto Gonzalez, a City employee, is hereby approved to participate in the City of Miami's Community Development Block Grant Program ("CDBG") Assisted Single Family Rehabilitation Loan Program administered by the Department of Community Development, Housing Division funded through the United States Department of Housing and Urban Development, said waiver stipulating that said participation shall be limited to those properties that are not or have not been the subject of any City board action. Section 3. This Resolution shall become effective - 3 - 98-1101 immediately upon its adoption and signature of the Mayor.1/ PASSED AND ADOPTED this 17th day of November , 1998. JOE CAROLLO, MAYOR Inanaftm with Miami Code Sec. 2-36, since the Mayor did not indicate approval of ffft 6 khtion by signing it in the designated place provided, said legislation now ibownes effective with the elapse of ten (10) da from tho to of Ccmmi 'cn action girding same, without the May r exercisi eto. ATTEST : W Iter man, City Clerk WALTER J. FOEMAN CITY CLERK AS LI'O F26 AND CORRECTNESS : NDRO VIL ATTORNEY W3023:CSK:kc 1� 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. - 4 - 98-1107 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM: konid H. ZWarshaw City Manager RECOMMENDATION: DATE : NOV 9 11998 FILE: SUBJECT: Resolution Waiving Conflict of Interest - Single Family Rehabilitation Loan Program - Roberto Gonzalez REFERENCES: City Commission Agenda Item ENCLOSURES: Meeting of November ljP, 1998 It is respectfully recommended that the City Commission adopt the attached resolution, waiving by a 4/5ths affirmative vote of the City Commission, the requirements and prohibition contained in the City Code Section 2-302 of the City Code, in order to allow Mr. Roberto Gonzalez, a City employee, to receive City assistance through the City's CDBG assisted Single Family Rehabilitation Loan Program for the renovation of his home located at 1734 N.W. 18`h Street in the City. BACKGROUND: Through the City of Miami's CDBG funded Single Family Rehabilitation Loan Program, the City provides and makes available low interest loans and grants to owners of single family homes (1-4 units) for the rehabilitation of single family housing units requiring much needed repairs. The Program administered by the Department of Community Development is available to all residents of the City of Miami meeting certain program eligibility requirements. In September of 1998, an application for financial assistance through the City's Single Family Rehabilitation Loan Program, submitted by Mr. Roberto Gonzalez, a City employee, was approved by the Department of Community Development and the City's Housing Loan Committee. The $18,114 in grant funding will be utilized by the homeowner for the rehabilitation of his home located at 1734 N.W. 18 Street. Since the inception of the program, City employees or their relatives have requested assistance through the City's housing rehabilitation program and have met the program's eligibility requirements. These City employees or their relatives are required to secure a waiver from the City Commission of the Conflict of Interest provision of the Code of the City, before such assistance can be provided. 98-1107 Honorable Mayor and Members of the City Commission Page 2 In an effort to further improve the City's existing housing stock, the Department of Community Development recommends that the City Commission approve the waiver of the Conflict of Interest provision, as outlined in Section 2-302 of the City Code, in order to allow final approval of the homeowner's application for financial assistance through the aforementioned program. DHW/DB/G W/sjg Attachment: Resolution [Memosjg]<Single Family.doc> 98-1101' CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Walter J. Foeman DATE: October 8, 1998 FILE: City Clerk Office of the City Clerk SUBJECT: Request to Publish Notice of Public Hearing V FROM: Gwendolyn C. Warren REFERENCES: Waiver of Conflict of Interest Director - Roberto Gonzalez Department of Community Development ENCLOSURES: This memorandum serves to request the assistance of your office in making arrangements to publish a Notice of Public Hearing, to discuss a waiver of the conflict of interest provision contained in Section 2-302 of the City Code, in connection with an application submitted by Mr. Roberto Gonzalez for financial assistance under the City of Miami's Community Development Block Grant funded Single Family Rehabilitation Loan Program. This action is required because Mr. Gonzalez is an employee of the City's Department of Parks and Recreation. This item is being scheduled for City Commission consideration at their November 10, 1998 City Commission meeting. The date and time of this public hearing will be November 19, 1998, at A.M. GCW/Wsjg [Memosj g]<PublicHearing.doc> Approved: E i allastegui, Agenda Coordinator 9s-1107 a� o.y4 12� CITY OF MIAMI, FLORIDA LMDER DEPARTMENT OF COMMUNITY DEVELOPMENT/ HOUSING DIVISION NOTICE OF PUBLIC HEARING A public hearing will be held by the Commission of the City of Miami, Florida, on November 10, 1998, at A.M., in the City Commission Chambers at City Hall, 3500 Pan American Drive, Miami, Florida, to discuss a waiver of the conflict of interest provision contained in Section 2-302 of the City Code, in connection with an application submitted by Roberto Gonzalez under the City of Miami's Community Development Block Grant funded Single Family Rehabilitation Loan Program. This action is required because Roberto Gonzalez is an employee of the City's Department of Parks and Recreation. In order to approve application submitted by Roberto Gonzalez for financial assistance under the City's Community Development Block Grant Program, a waiver of the conflict of interest provision, Section 2-302 of the City Code, must be granted by the City Commission. Should any person desire to appeal any decision of the City Commission with respect to any matter considered at the hearing, that person should ensure that a verbatim record of the proceeding is made, including all testimony and evidence upon which any appeal may be based. I Ad No. 98-1107