Resolution 632-2006
RESOLUTION NO.
632 - 2006
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
APPROVING THE MONROE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
SEWER CONNECTION ASSISTANCE PROGRAM FIRST COMEIFIRST SERVED APPLICATION
LIST AND RECOGNITION OF THE CDBG PROGRAM'S CONFLICT OF INTEREST REQUIREMENT
WHEREAS, on April 9, 2003, Monroe County was awarded a Community Development Block Grant (CDBG)
Contract Agreement with DCA (03DB-IA-II-54-01-H32), and
WHEREAS, on October 15,2003, an amendment was prepared by the Monroe County Housing Authority (MCHA)
shifting funding priorities to funding only sewer connections, and
WHEREAS, Resolutions 306-2002 and 471-2003 commits the county to assist "economically disadvantaged
households" in the low - and very low-income categories as defined by BUD and
WHEREAS, grant funds provided through the Community Development Block Grant program remain available,
though application deadlines have passed and
WHEREAS, Resolution 155-2005 provides using all available funds by allowing additional CDBG grant
applications on a first come/first served basis, and
WHEREAS, the County's Citizen Advisory Task Force (CATF) has reviewed the first come/first served eligibility
list in accordance with the County's CDBG Program Housing Assistance Plan, and has recommended approval of their
applications, and
WHEREAS, the County's CATF has addressed any conflicts of interest (in accordance with sections 112.311-
112.3143, Florida Statutes and 24 C.F.R. section 570.489) among the CATF members and the eligible homeowners/residents
who are recommended for approval of CDBG funding.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS, MONROE COUNTY,
THAT:
Section 1: The above recitals are true and correct and incorporated herein.
Section 2: That funding for the listed first come/first served CDBG applicants (Attachment A), who have
voluntarily complied with program requirements of the Contract Agreement #03DB-IA-II-54-01-H32 is hereby
adopted.
S.:ction 3: That the list of eligible frrst comeifIrst served CDBG applicants (Attachment A) is subject to
final funding approval by the Special Programs Office based on compliance with the terms of the CDBG grant
agreement #03DB-1A-II-54-0l-H32 and funding availability.
SL'Ction 4: That the list of eligible frrst come/first served CDBG applicants (Attachment A) is subject to
disclosure of any potential conflicts of interest witb the County Commissioners of Monroe County, Citizen's Advisory
Task Force Board and Program Staff; and any such conflicts of interest by these parties and applicants shall be
addressed pursuant to sections 112.311-112.3143, Florida Statutes and 24 C.F.R. section 570.489.
S"ction 5: This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED, this 20th day of December
,2006
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Mario DiGennaro Yes
Mayor Pro Tern DL'<ie M. Spehar Yes
Commissioner Charles McCoy Yes
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BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
/1/JA ,/11. a
By: ///~/1Yf/~
Mayor Mario Digennaro
MONROE COUNTY ATTORNEY
APPROVED AS TO F~
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SUSAN M. GRIMS "J
ASSISTANT CO~NTY ATTORNEY
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CHAPTER FIVE
I .
During the application and administration of a grant, steps should be taken to avoid the
development of a conflict of interest. A conflict of interest exists when:
. A local official or family member of a local official has a financial interest or will
receive or benefit from assistance provided by the CDBG Program.
. A local government employee or family member of an employee has a financial
interest or will receive or benefit from assistance provided by the CDBG
Program.
. When a board member, hired consultant, or family member of the same will
receive or benefit from assistance provided by the CDBG Program.
The Horida Statues define a relative as a:
. Father, father-in-law, stepfather
. Mother, mother-in-law, stepmother
. Son, son-in-law, stepson
· Daughter, daughter-in-law, stepdaughter
. Brother, brother-in-law, stepbrother, half-brother
. Sister, sister-in-law, stepsister, half-sister
. Uncle
. Aunt
. Cousin
. Nephew
. Husband
. Wife
· Grandparent, great grandparent, step grandparent, step great grandparent
· Grandchild, great grandchild, step grandchild, step great grandchild
· Person who is engaged to be married to a public officer or employee or who
otherwise holds himself, or herself out as, or in generally known as, the person
with whom the public officer intends to form a household
· Any other natural person having the same legal residence as a public officer or
employee
Waiver Provisions
If a conflict of interest exists, a recipient may request a waiver from the Department.
The following steps must be taken in order to have a conflict waived:
. There must be a public disclosure of the conflict (done at a public meeting). In
the case of an elected official, the public disclosure must be preceded by the
filing of a written statement with the governing body. If the conflict was
unknown prior to the meeting, the written statement must be issued within 15
days after the public disclosure.
. A legal opinion must be obtained from the local government's legal counsel. The
opinion must find that the conflict is eligible for a waiver and that no policies
have been violated. The opinion must cite the regulation used in making the
determination. (State requirements are found in Chapter 112.311 through
112.3143, Rorida Statutes, and federal requirements are located in 24 CPR
570.489(h).
. A motion must be made and approved by the local governing body that requests a
waiver from the Department. The chief elected official must request the waiver.
If the waiver request is for an appointed advisory board member, a two-thirds
majority vote of the appointing body is required.
. A package must be prepared and forwarded to the Department that contains: (a)
a copy of the public hearing minutes documenting disclosure of the conflict,
approval of the waiver request, and any comments; (b) a copy of the legal
opinion of the local government's legal counsel; and, (c) a request for a waiver
from the chief elected official.
Department Review of Waiver Requests
Upon receipt of the necessary information, the Department will determine if the local
government has followed the proper steps. If all necessary documentation has been
included, the Department will either grant a waiver of the conflict or advise the local
government of the reason that a waiver cannot be granted.
Expenditures Prior to Receipt of the Waiver
Local government should make every effort to avoid conflicts of interest. If a conflict is
discovered, the governing body should promptly take the appropriate steps to disclose the
conflict of interest and seek a waiver. In the event that CDBG funds are expended prior
to the Department issuing a written waiver of the conflict of interest, those expenditures
will not be considered eligible for reimbursement.
FAQs
Is it necessary for a local omcial to disclose a conflict of interest in a public meeting?
Yes. Rorida law requires that elected officials adhere to certain ethical standards,
including the public disclosure of a conflict of interest. HUD also requires that conflicts
be disclosed publicly.
When conflicts of interest are reported to the Department, are waivers usually
granted?
Yes. If the local government can provide documentation reflecting that it has followed
the appropriate steps and that none of its local policies (i.e., housing assistance,
procurement, etc.) have been violated, waivers are granted.
References
For more information on the issues discussed in this chapter, refer to:
. 24 CFR Part 570
. Chapter 112, Florida Statutes
Priority I and 11
Monroe County COBG
First ComelFirst Served
Waiting List Applicants
Page 1 of 1
Owner Name __~ Renter Name 2
PRIORITY I ______
Property Address
- 37 Bay Drive---.-
~__ StaZip_
Key West__ FI 33040
1 Ray, Ma'Y-___ _~~~_-.- 37i:llly Drive-==_. KeWesi-==- FI 33040
2 Schmidt, Chanes 50 Palm Drive Ke West FI 33040
;3 Gu~Pablo/JuIJ~__ __ _ _ _ ___ 73 First Court ._ . __ KeY1arJlll._ FI 33037
4 Alvarez, J5Jhn____ _ __ _ 72 First Court __ __ Key Laf9Cl.__ FI 33037
~ Wilson, Sand~_ . _ _ _ _ _ _ _ _ =1~th Avenue E _ _ Key La.l9Q __ FI _ _33037
.6 Ki ht, MafY...-_. __ _ _ _ _ _~3 N. Conch Av~ _ Marath~ FI 33050
!m, Jea-,,--_ __ _ _ ____. 226Second Court_ Ke}'hafSQ.._ FI ~3037
8 Abreu, EvelioNanelys_ _____ _ _ 62 Avenue A_ ___ Key LafSQ..__ FI 33037
9 Moses,Qolores _ _ __ _ _ 1Q.Lauderdale Drive__ KeY1arllQ___ FI 33037
10 Landin, Michael 178 Buttonwood Ave Ke Lar~ FI 33037
11 Camohan,Michelle__ _ 7.QfloridaDrive__d Key Larg,,- FI 33037
12 ~alder()n,J_O~l1e !.Hibiscus Street Key Largo FI 33037
13 Tr~,Gen_~_.__ ___ _.___.__ __._ 70S. ConchAve__. Maratho-,,-_ _ _EL_~050
14 Zizzo, Angelo _____ 66 First Court Key Largo FI 33037
1_5 Orr,_ Mal}' Jane__ 43 Rock Hamor Dr Key Largo FI 33037
~~ :;;;i.'~~~il~:-_----~--=.'. ..-l~:~~:~rt=-- ~:;~~:~~~_~: -~~~~~
18 LaBello, Jerome/Susan__~~-. 38 Orange Drive.__ Key Largo_ FI 33037
19 Narvaez, Antonio/Manen_.. f-- ___ _ . _132 Oral1l!!.Drive__ Key Larg-,,- FI 33037
20 Vander Wyc:len, '-'1iChaeVJUn~____---110 Lake Shore Dri_",,-- Key Lafll"..._ FI 33037
PRIORITY--"- _____-~ -=~== '==== ==-=t
-~_.--..._...--,_.._--_._--------"------
1 Branam, Fa1"-___ Sawart,Robert __ 175 West Ave A_ Key Largo FI 33037
_2 Browning & Sirec:L Falero, Pedro._. 6!;()() Maloney Ave .#21 _. Key West..___. FL 33040
..3 Browning & Sireci Martinez, Juan 6500 Maloney Ave #01_ Ke West__ FL 33040
4 Browning & SirElc:i_.. _ __ Falero, Omar= 6500MaloneyAvel!~ Keyvvest . ___ FL 33040
5 Browning & ::;ireci____ Unger, Joyce_. !l500 Maloney Ave #15 . Ke West__ FI 33040
_ 6 Brownin~Sireci . ___ Velazquez, RElbecca_ 6500 MaloneyAve#23 ._ Key vvest FL 33040
7 Brownin & Sireci Alfonso, Silvio 6500 Malone Ave 1/26 .. Key W~ _ FL 33040
8 Brownin!l!.::;irecLRegis, Joseph_____ 6500 MaloneyAve #100 Key WEl~ FL 33()4()
__9 Browning & Sireci Toma, c;aridad_ 6500 Maloney Ave #6 Ke West FL 33040
.10 Browning&SifEl<:L Bames,~evin __ 6500 Malol"'Y_Ave#19 KeyWesL___ FL 33040
1_1 Browning & Sireci .__ Louis, Jean 6500 Maloney A"e#11._ Ke West FL 33040
12 Brownins. & SirecL.....___ Ferrini, Ralph 6500 Maloney Ave #25. __ Ke _West FL 33040
13 Brownin~.irecL___. C(lnnell,BruCEl___ _ 6500 Mal(lney Ave #30. Ke West .. FL 33040
14 BroWlling &::;ireci ._____ 'Cadet, Jule,,-___ _ 65.00 Maloney "'-v~ #33.._ Ke .West _.. FL 3~040_
~5~~WI1i:g&~~~ci~= ..JAmador, Abrahan =- 6~00 Maloney,o,ve #34 __ Key West =-_ FL 33040 .
f= -=~
__l._.~___.,__
11/15/2006