Item L1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 20, 2006
Division: Monroe County Housing Authority
Bulk Item: Yes XX No
Department: Special Programs Office
AGENDA ITEM WORDING: A RESOLUTION OF THE BOARD OF COUNTY COMJ\1ISSIONERS
OF MONROE COUN1Y, 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 lNTEREST REQUIREMENT.
ITEM BACKGROUND: Monroe County was awarded Community Development Block Grant (CDBG)
Contract Agreement 03-DB-1A-1154-01-H32, April 9, 2003. Resolution 467~2003 provided for
amending the CnBG Contract Agreement with DCA shifting funding priorities to funding only sewer
connections. Grant funds provided through the Comnl1111ity Development Block Grant program remain
available, though application deadlines have passed.
PREVIOUS RELEVANT BOCC ACTION: Resolution 155-2005 provides using all available funds
by allowing additional CnBG grant applications on a first come/first served basis.
CONTRACT/AGREEMENT CHANGES: None.
STAFF RECOMMENDATION: Adoption of this resolution to approve the first come/first served
application list; subject to final funding approval by the Special Programs Office based on compliance
with the terms of the CDBG Grant Agreement 03DB-IA-11-54-01-H32 and funding availability; and
resolving any conflicts of interest through public disclosure pursuant to sections 112.311-112.3143,
Florida Statute and 24 C.F.R. section 570.489.
TOTALS COST:
$0.00
BUDGETED: Yes X No
COST TO COUNTY:
$0.00
SOURCE OF FUNDS:
NJA
REVENUE PRODUCING: Yes No -L AMOUNT PER: Month Year
APPROVED BY: County Attomey.~ OMBJPurchasing _ Risk Management_
DEPARTMENT APPROVAL:
. Manuel Castillo, Sr., Executive Director
Monroe County Housing Authority
DOCUMENTATION:
Included -X- To Follow
Not Required_
DISPosmON:
AGENDA ITEM #
RESOLUTION NO.
- 2006
A RESOLUTION OF TIlE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
APPROVING TIlE MONROE COUNTY COMMUNITY DEVEWPMENT 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~11~54~01-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 4 71 ~2003 commits the county to assist "economically disadvantaged
households" in the low - and very low-income categories as defined by HUD 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 CA TF 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~ lA-II -54-0 I-H32 is hereby
adopted.
Section 3: That the list of eligible first come/first served CDBG applicants (Attachment A) is subject to
fmal funding approval by the Special Programs Office based on compliance with the terms of the CDBG grant
agreement #03DB-IA-1l-54-01-H32 and fimding availability.
Section 4: That the list of eligible frrst come/first served CDBG applicants (Attachment A) is subject to
disclosure of any potential conflicts of interest with 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.
SeCtiOD 5: 1llis resolution shall take effect immediately upon its adoptioIL
PASSED AND ADOPTED, this
day of
, 2006
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor Mario DiGennaro
Mayor Pro Tern Dixie M. Spehar
Commissioner Charles McCoy
Commissioner George Neugent
Commissioner Glenn Patton
(SEAL)
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
ATTEST: DANNY L. KOLHAGE, CLERK
By:
By:
Deputy Clerk
Mayor Mario Digennaro
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM"
~ Ivt~~
SUSAN M. GRIMS
ASSISTANT CO~NTY ATTORNEY
Date /I - d -OlP
CHAPTER FIVE
Resolvine Conflicts of Interest
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 Florida 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, Florida Statutes, and federal requirements are located in 24 CFR
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 detennine 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 official to disclose a conflict of interest in a public meeting?
Yes. Florida 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 CPR Part 570
· Chapter 112, Florida Statutes
Priority 1 and II
Monroe County CDSG
First ComeJFirst Served
Waiting List Applicants
Page 1 of 1
Owner Name Renter Name 2 Property Address City Sta Zip
PRIORITY I 37 Bay Drive Key West FI 33040
1 Rav, Marv 37 Bav Drive Key West FI 33040
2 Schmidt, Charles 50 Palin Drive Key West FI 33040
3 Guas, Pablo/Julia 73 First Court Key LarQo FI 33037
4 Alvarez, John 72 First Court Key Largo FI 33037
5 Wilson, Sandra 6th Avenue E Key Lamo FI 33037
6 Kieht, Marv 43 N. Conch Ave Marathon FI 33050
7 Hill, Jean 226 Second Court Key Largo FI 33037
8 Abreu, EvelioNanelys 62 Avenue A Key Lar!:jo Fl 33037
9 Moses. Dolores 10 Lauderdale Drive Key Largo FI 33037
10 Landin, Michael 178 Buttonwood Ave Key Lan:10 Fl 33037
11 Carnohan, Michelle 70 Florida Drive Key Largo FI 33037
12 Calderon, Lorraine 1 Hibiscus Street Key Largo FI 33037
13 Tracv, Gene 70 S. Conch Ave Marathon FI 33050
14 Zizzo, Angelo 66 First Court Key Largo FI 33037
15 Orr, Mary Jane 43 Rock Harbor Dr Key Largo FI 33037
16 Warner, Lucille 61 First Court Key Largo FI 33037
17 Malefyt, Denise 41 Avenue B Key Largo FI 33037
18 LaBello, Jerome/Susan 38 Orange Drive Key Largo FI 33037
19 Narvaez, AntoniolMarlen 32 Orange Drive Key Largo FI 33037
20 Vander Wyden, Michael/June 10 Lake Shore Drive Key Largo FI 33037
PRIORITY II
1 Branam, Faye Sawart,Robert 175 West Ave A Key Largo FI 33037
2 Brownino & Sired Falero, Pedro 6500 Maloney Ave #21 Key West FL 33040
3 Brownina & Sireci Martinez, Juan 6500 Maloney Ave #01 Key West FL 33040
4 Browninq & Sireci Falero,Omar 6500 Maloney Ave #35 Key West FL 33040
5 Brownina & Sireci Unaer, Jovce 6500 Maloney Ave #15 Key West. FI 33040
6 Brownina & Sired Velazquez, Rebecca 6500 Maloney Ave #23 Key West FL 33040
7 Brownina & Sireci Alfonso, Silvio 6500 Maloney Ave #26 Key West FL 33040
8 Browning & Sireci Reois, JoseDh 6500 Maloney Ave #1 00 Key West FL 33040
9 Brownina & Sireci Torna, Caridad 6500 Malonev Ave #6 Key West. FL 33040
-19 Brownin!:j & Sired Barnes, Kevin 6500 Maloney Ave !f-19 Key West FL 33040
11 Brownina & Sireci Louis, Jean 6500 Maloney Ave #11 Key West FL 33040
12 Brownina & Sired Ferrini, Ralph 6500 Maloney Ave #25 Key West FL 33040
13 Brownino & Sireci Connell, Bruce 6500 Malonev Ave #30 Key West FL 33040
14 Brownina & Sireci Cadet, Jules 6500 Maloney Ave #33 Key West FL 33040
15 Brownina & Sireci Amador, Abrahan 6500 Maloney Ave #34 Key West FL 33040
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11/15/2006