Item J1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 16, 2008
Bulk Item: Yes _X_No
Division: Momoe County Housing Authority
Department: Momoe County SHIP Program
AGENDA ITEM WORDING: A RESOLUTION OFTIIE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA APPROVING TIlE CORRECTION OF A SCRIBNER'S ERROR
CONTAINED IN RESOLUTION 224-2007.
PREVIOUS RELEVANT BOCC ACTION: Approval of Resolution 224-2007 dated June 20, 2007
releasing Kenneth R. Smith from repayment of SHIP Homeowner Rehabilitation Loan funds expended
and approving the repayment of the funds expended from the Momoe County Housing Authority
administrative funds.
ITEM BACKGROUND: Resolution 224-2007 attached.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval
TOTAL COST:
$-0-
BUDGETED: Yes No
COST TO COUNTY:
$-0-
SOURCE OF FUNDS: N/A
REVENUE PRODUClNG: Yes No
APPROVED BY: County Atty. ~
X AMOUNT PER: Month Year
DIVISION DIRECTOR APPROVAL:
O~ a ng _ Risk Management_
anuel Castillo, Sr", Executive Director
DOCUMENTATION:
Included _X_To Follow
Not Required
DIsPosmON:
AGENDA ITEM #
, 2008
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA APPROVING THE CORRECTION OF A
SCRIBNER'S ERROR CONTAINED IN RESOLUTION 224-2007.
RESOLUTION NO.
WHEREAS, the Board of County Commissioners of Monroe County, Florida
approved Resolution 224-2007 on June 20, 2007; and
WHEREAS, Resolution 224-2007 stated as follows: "The Monroe County Housing
Authority is hereby authorized to re-pay the funds expended from the SHIP Homeowner
Rehabilitation Loan totaling $586.34 from Monroe County Housing Authority
administrative funds."; and
WHEREAS, Resolution 224-2007 should have read: "The Monroe County Housing
Authority is hereby authorized to re-pay the funds expended from the SHIP Homeowner
Rehabilitation Loan totaling $586.34 from Monroe County SHIP Administrative Funds."
NOW THEREFORE, BE IT RESOLVED BY THE Board of County
Commissions, of Monroe County, Florida, that the County hereby:
1. Corrects the scribner's error in section 2 of Resolution 224-2007, to read:
The Monroe County Housing Authority is hereby authorized to re-pay the funds
expended from the SHIP Homeowner Rehabilitation Loan totaling $586.34 from
Monroe County SHIP Administrative Funds.
, 2008.
BOARD OF CONTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
PASSED AND ADOPTED THIS
DAY OF
Mayor McCoy
Mayor Pro Tern Di Gennaro
Commissioner Spehar
Commissioner Murphy
Commissioner Nugent
By:
Mayor Charles McCoy
SEAL:
A TIEST: Danny L. Kolhage, Clerk
By:
Deputy Clerk
",-,
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RESOLUTION NO. 224 - 2007
----../
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, RELEASING KENNETH R. SMITH"
FROM REPAYMENT OF SHIP HOMEOWNER
REHABILITA TION WAN FUNDS EXPENDED;
APPROVING THE REPAYMENT OF THE FUNDS
EXPENDED FROM THE SHIP HOMEOWNER
REHABILITATION WAN FROM MONROE
COUNTY HOUSING AUTHORITY
ADMINISTRATION FUNDS, AND APPROVAL
FOR THE MAYOR TO EXECUTE A
SATISFACTION OF MORTGAGE AND
PROMISSORY NOTE TO CANCEL THE $35,000
MORTGAGE AND PROMISSORY NOTE
ERRONEOUSLY RECORDED ON MARCH 20,2007
IN THE OFFICIAL RECORDS OF MONROE
COUNTY, FLORIDA.
-'----/
WHEREAS, on July 14,2006, after being approved and issued a commitment from the
Moru:oe County SHIP Program for SHIP Homeowner Rehabilitation Loan Funds, the Applicant,
Kenneth R. Smith, executed a Mortgage and Promissory Note in the amount of $35,000 for 100
Palm Lane, Islamorada; and
WHEREAS, on July 6, 2006, Check No. 506743 was issued to Thomas Radiccbi by
Monroe County in the amount of $275.00 as payment for a complete home inspection requested
by the Monroe County SHIP Program; and
WHEREAS, on July 26, 2006, Check No. 507625 was issued to Keys Roofing~ Inc. by
Monroe County in the amount of$311.34 as payment for roof plans; and
WHEREAS, the applicant, Kenneth R. Sinith, received a $15,000 grant from CDBG and
no longer required the SHIP Homeowner Rehabilitation Loan funds; and
WHEREAS, a total of $58634 was expended from this SHIP Homeowner Rehabilitation
Loan; and "
WHEREAS, said Mortgage and Promissory Note was erroneously recorded on March
20, 2007, approximately eight months later, in the Official Records of Monroe County, Doc
#1633376, Book #2280, Page #1851-1857; and
WHEREAS, the Monroe County Housing Authority has agreed to re-pay the $586.34
expended from the SHIP Homeowner Rehabilitation Loan from Monroe County Housing
Authority Administration Funds and release Kenneth R. Smith from any obligation related to this
Mortgage; and
".~
'~. ./
WHEREAS, it is the desire of the Monroe County Board of County Commissioners and
the Momoe County Housing Authority to cancel/satisfy a Mortgage and Promissory Note that
was erroneously recorded in the Official Records of Monroe County, Florida on behalf of
applicant, Kenneth R. Smith, located at 100 Palm Lane, Islamorada, Florida for SHIP
Homeowner Rehabilitation Loan Funds; and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Monroe County, Florida, that:
1. Kenneth R. Smith is hereby released from re-payment of the funds expended from
the SHIP Homeowner Rehabilitation Loan totaling $586.34.
2. The Monroe County Housing Authority is hereby authorized to re-pay the funds
expended from the SlDP Homeowner Rehabilitation Loan totaling $586.34 from
Monroe County Housing Authority administrative funds.
3. The Mayor is hereby authorized to execute a Satisfaction of Mortgage and.
Promissory Note to be prepared by the Monroe County Housing Authority to
cancel the $35,000 Mortgage and Promissory Note that was erroneously recorded
on March 20, 2007 in the Official Records of Monroe Cowrty, Florida, Doc
#1633376, Book #2280, Page #1851-1857, thereby releasing Kenneth R. Smith
from any obligation thereto.
4.
The Monroe County Housing Authority shall be responsible for the timely
recording of the Satisfaction of Mortgage and Promissory Note in the Official
Records of Monroe County, Florida,
'--../
5. The Monroe County Housing Authority shall provide Kenneth R. Smith with a
copy of the recorded Satisfaction of Mortgage and Promissory Note for his
records.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County,
Florida at a regular meeting on said Board on the 20th day of June, A.D., 2007.
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MayorMarioDiGennaro Yes g2f~ ~ L::.:i
Mayor Pro Tem Dixie M. Spehar Yes c:.;l:'-'j.'. I '
Commissioner Charles "Sonny" McCoy Yes ;:~~:r-.- ex> ~~J
C mmissioner George Neugent Yes :,:::;- ,... -0 '~'.)
b:;Z:;-:G~CJ'r .", ioner Sylvia Murphy Yes r~.~l) ;'~;',~_.._.~.~.-.,' :1t :~]
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.' . (SEAItl,t'~:: - >'.} BOARD OF COUNTY COMMISSIONERS
:.,. :. ... ~. ., '.' .'/ OF MONROE COUNTY, FLORIDA
~~:~ .~1}~~
. Deputy Clerk MONROE COUNTY ATTORN~V Ma M" D"G
. P OVEO AS l' E: yor ana 1 ennaro
'~
SUZANNEA. H ,TON
:~p'b~EY
Date
Page 1 of 1
Marie Brouillette
From:
Sent:
To:
Cc:
H utton-Suzan ne [Hutton-Suzan ne@MonroeCounty-FL.Gov]
Wednesday, January 02,200812:58 PM
Marie Brouillette
Peters-Katherine
Subject: RE: Scribner's error Resolution 224-2007
I changed the resolution slightly. See attached. Will have Kathy send you scanned copy with my signature
Sw;- rt. '?Iuttru1
Cou nty Attorney
Monroe County
PO Box 1026
Key West, FL 33041~1026
305-292-3470
From: Marie Brouillette [mailto:BrouilletteM@kwha.org]
sent: Wednesday, January 02,2008 11:36 AM
To: Hutton-Suzanne
Subject: Scribner's error Resolution 224-2007
Hello Suzanne and Happy New Year. A brief history of Resolution 224-2007 - we had recorded a Homeowner
Rehabilitation Note and Mortgage for Kenneth Smith who later elected not to proceed with the SHIP Program.
We had incurred 2 expenses on Mr. Smith's behalf totaling $586.34 (inspection and roof plans).
While preparing the year end closeout at the Clerk's office, Cheryl in Finance posted a receivable from other
governments based on her interpretation of Resolution 224-2007 that the Monroe County Ho.using Authority
would reimburse these program expenses. The Scribner's error is that the document should have read:
2. The Monroe County Housing Authority is hereby authorized to re-pay the funds expended from the SHIP
Homeowner Rehabilitation Loan totaling $586.34 from the Monroe County SHIP Administrative Funds.
But the resolution says the Monroe County Housing Authority administrative funds. As you are aware, the MC
Housing Authority is the administrative agent for the SHIP program and the MC SHIP administrative funds are the
monies utilized to run the program and repay miscellaneous program expenses not related to a specific
transaction (mortgage loan) as well as salaries and basic expenses. Unfortunately I did not catch the error prior
to submitting the resolution.
I have prepared the attached Resolution and Agenda Summary and would ask that you review & approve so that I
may submit Thank you. Marie
Please note: Florida has a very broad public records law. Most written communications to or from the Housing
Authority regarding Housing Authority business are public records available to the public and media upon request.
Your e-mail communications may be subject to public disclosure.
1/2/2008