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Legislation
Miami, FL 33133
www.miamigov.com
Resolution
File Number: 09-00883
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, AFTER AN ADVERTISED
PUBLIC HEARING, AUTHORIZING THE CITY MANAGER TO SUBMIT A
REQUEST TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, FOR AN EXCEPTION TO THE COMMUNITY DEVELOPMENT
BLOCK GRANT ("CDBG") PROGRAM CONFLICT OF INTEREST PROVISIONS,
TO ALLOW A CITY OF MIAMI EMPLOYEE TO APPLY FOR CDBG FUNDS IN THE
CITY OF MIAMI DISASTER RELIEF PROGRAM, FOR THE REHABILITATION OF
A RENTAL PROPERTY KNOWN AS THE LEAF, LOCATED AT 7035 NORTHEAST
4TH COURT, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE.
WHEREAS, pursuant to Resolution No. 07-0131, adopted March 8, 2007, the Miami City
Commission approved the acceptance of $2,000,000 in Community Development Block Grant
("CDBG"), from Miami -Dade County, for the Disaster Recovery Program ("Program"); and
WHEREAS, on September 11, 2007, a contract between the City of Miami ("City") and Miami Dade
County was executed for the rehabilitation of multi -family properties using Program funds; and
WHEREAS, in December 2008, the Department of Community Development received a proposal
in connection with the City's Program regarding the rehabilitation of a rental project known as the Leaf,
located at 7035 Northeast 4th Court, Miami, Florida; and
WHEREAS, the owner of the property, Mr. Stephon McGill, is a City Police Officer; and
WHEREAS, pursuant to CDBG Regulations 24 CFR Part 570, Section 611, a conflict of interest
waiver from the United States Department of Housing Urban Development ("HUD") is required in order
for City employees to participate in the City's Program for the rehabilitation of a rental property; and
WHEREAS, the Miami -Dade County Ethics Commission has issued an opinion that no conflict
exists under Section 2-11.1 (c)(2) of the Miami -Dade County Conflict of Interest and Code of Ethics
Ordinance and Section 2-612(a) of the Code of the City of Miami, Florida, as amended, to prevent Mr.
McGill from participating in the City's Program; and
WHEREAS, HUD CDBG regulations provide a mechanism for the City to request an exception to
the CDBG conflict of interest provisions, on a case-by-case basis, by providing the following
documentation to HUD; (1) a disclosure of the nature of the conflict, accompanied by an assurance
that there has been public disclosure of the conflict, including a description of how the public
disclosure was made, and (2) an opinion from City's Attorney that the interest for which the exemption
is sought would not violate state or local law;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
City of Miami Page 1 of 2 Printed On: 8126/2009
File Number 09-00883
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. The City Manager is authorized{1} to submit a request to HUD, for an exception to the
CDBG Program conflict of interest provisions to allow Mr. Stephon McGill, a City employee, to apply
for CDBG funds in the City's Disaster Recovery Program, for the rehabilitation of a rental property
known as the Leaf, located at 7035 Northeast 4th Court, Miami, Florida.
Section 3. The City Manager is authorized{1} to execute all necessary documents for said
purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the M2yor.{2}
APPROVED AS TO FORM AND CORRECTNESS-4�/
JULIE 0, BRU�
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} 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.
CioJ of Miami Page 2 of 2 Printed On: 8/26/2009