HomeMy WebLinkAboutSummary FormAGENDA ITEM SUMMARY FORM Law Department
Matter ID No.
6*j
FILE ID: 09-2487 ��' —���5�
Date: 08/13/2009 Requesting Department: Community Development
Commission Meeting Date: 09/10/2009 District Impacted: 2
Type: N Resolution ❑ Ordinance ❑ Emergency Ordinance 0 Discussion Item
❑ Other
Subject: REQUESTING AN EXCEPTION TO THE CDBG CONFLICT OF INTEREST
PROVISIONS
Purpose of Item:
AUTHORIZING THE CITY MANAGER TO SUBMIT A REQUEST TO THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") 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 4T" COURT,
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY
DOCUMENTS FOR SAID PURPOSE.
Background Information:
Please see attached
Budget Impact Analysis
NO Is this item related to revenue?
NO Is this item an expenditure? If so, please identify funding source below.
General Account No:
Special Revenue Account No:
CIP Project No:
NO Is this item funded by Homeland Defense/Neighborhood Improvement Bonds?
Start Up Capital Cost:
Maintenance Cost:
Total Fiscal Impact:
Final Approvals
(SIGN AND DATE)
CIP Budget_
If using or receiving capital funds
Grants Risk Mani
Purcha i 0 Dept. Dire
Chief City Mana
Page I of 1
AGENDA ITEM SUMMARY FORM CONTINUED
Background Information:
Pursuant to Resolution No. 07-0131, adopted March 8, 2007, the Miami City Commission approved
the acceptance of $2,000,000 in CDBG, from Miami -Dade County, for the Disaster Recovery
Program ("Program").
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.
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 4t' Court, Miami, Florida.
The owner of the property, Mr. Stephon McGill, is a City Police Officer.
Pursuant to CDBG Regulations 24 CFR Part 570, Section 611, a conflict of interest waiver from HUD
is required in order for City employees to participate in the City's Program for the rehabilitation of a
rental property.
The Miami -Dade Ethics Commission has issued an opinion that no conflict exists under the Miami -
Dade County Conflict of Interest & Code of Ethics Ordinance at Section 2-11.1 (c)(2) and the City of
Miami Code at Section 2-612(a) to prevent Mr. McGill from participating in the City's Program.
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 of the City's Attorney that the interest for which the exemption is sought would not
violate State or local law.