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HomeMy WebLinkAboutR-85-0942J-Lb-824 t V. RESOLUTION NO. A RESOLUTION WAIVING THE REQUIREMENTS AND PROHIBICION CONTAINED IN CITY CODE SECTION 2- 30?; BY FINDING, AFTER A DULY ADVERTISED PUBLIC HEARING, THAT IT IS IN THE BEST INTEREST OF THE CITY TO PERMIT ESTEBAN ABRAHAM, AN EMPLOYER OF THE BUILDING AND VEHICLE MAINTENANCE DEPARTMENT, TO PARTICIPATE IN THE HOME RENOVATION AND REHABILITATION PROGRAM ADMINISTERED BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT'S HOUSING DIVISION THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the City of Miami, through the Community Development Block Grant Program of the United States Department of Housing and Urban Development has embarked upon a home renovation and rehabilitation program for its residents; and WHEREAS, the Community Development Department Housing Division administers this program; and WHEREAS, Esteban Abraham, a City of Miami Ruilding and Vehicle Maintenance Department employee, who resides within the City, has applied for rehabilitation assistance under this program; and WHEREAS, said employee qualifies in all respects for participation in said program except that he is employed by the City and would be in technical violation of City Code Section 2- 30? which prohibits such participation; and WHEREAS, a waiver must be granted for Mr. Abraham's participation in said program; and WHEREAS, the City can only avail itself of the opportunity to participate in a valid housing redevelopment program through offering the program to all residents of the City, notwithstanding their employment by the City; and WHEREAS, other City employees who have applied and qualified for participation in this program have been given a waiver; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 7MEEOTIMII� CMISSIori OF SEP A.ESOWrsu...„ WARKS -1- 3 i Section The authorization set forth in section 3 hereof i is based upon the following findings being made by four-fift'ns of the members of the City Commission after a duly advertised public hearing: t. (a) Esteban Abraham, =3 Building and Vehicle Maintenance Department employee, who resides within the City, has applied and is qualified for participation in the home renovation and rehabilitation program administered by the City's Community Development Department Housing Division through the Community Development Block Grant i Program of the United States Department of Housing and Urban Development. (b) The City of Miami can only avail itself of the opportunity to participate in a valid housing redevelopment program through offering the program to all residents of the City, notwithstanding their employment by the City. (c) The herein proposed participation will be to the best interest of the City of Miami. .Section 2. Based upon the findings set forth in Section 1 hereof, the requirements and prohibition contained in Section ?-- 30? of the City Code are hereby waived. Section 3. The City of Miami Community Development Department Housing Division is hereby authorized to allow Esteban Abraham to participate in the home renovation and rehabilitation program which it administers through the Community Development Block Grant Program of the United States Department of Housing and Urban Development. PASSED AND ADOPTED this 12th day of SEPTEMBER 1985. MAURICE A. FERRE Maurice A. Ferre Mayor City Clerk f r PREPARED AND APPROVED BY: Robert F. Clark c Chief Deputy City Attorney APPROVED A LLfcia A. Dougner�ty City Attorney 1 M AND CORRECTNESS: 85-94AW -3- TO. FROM Honorable Mayor and Members of the City Commission Sergio Pereira City Manager CITY OF MIAMI. FLORIOA INTER -OFFICE MEMORANDUM DATE: August 7, 1985 PILE: 75 SUBJECT. Resolution 'waiving Conflict of Interest for City Employee in Rehabilitation Assistance REFERENCES: Program ENCLOSURES Sept. 12 Commission r.ee ing: Puollc Tearing It is recommended that the City Commission waive the Conflict of Interest provision, Section 2-302 of the Code of the City of Miami to allow Esteban Abraham an employee of the Building and Vehicle Maintenance Department of the City to receive assistance through the Housing Rehabilitation Program. t The Rehabilitation Assistance Program administered by the Community Development Department with Community Development Block Grant Funds is available to all residents of the City, living in the designated Target Areas and meeting the published eligibility requirements. The program guidelines prohibit persons involved in the direct administration of the program and members of the +i governing body of the City of Miami from participating in the program. City employees who are not members of the Commission and who are not involved in the administration of the program are eligible for assistance if they meet the eligibility criteria. From time to time, city employees have met the eligibility criteria and have requested assistance through the Rehabilitation Program. These employees are required, by the Code of the City of Miami, Section 2-302, to obtain a waiver from the City Commission after a public hearing, before such assistance can be approved. The program guidelines established by the United States Department of Housing and Urban Development do not allow the City to set up separate classes of citizens based on their employment as a criteria for eligibility for assistance programs. They do require that program staff and members of governing bodies be ineligible for assistance from certain programs. I Based on the above, it is recommended that the City Commission approve the 'waiver of the Conflict of Interest provision to allow approval of the subject application. This item has been appropriately advertised as a public hearing. /ww *71