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RESOLUTION 90-20133 RESOLUTION NO. 90-20133 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY MANAGER TO MEET WITH REPRESENTATIVES OF MIAMI BEACH DEVELOPMENT CORPORATION ("MBDC") AND METRO DADE COUNTY'S COMMUNITY DEVELOPMENT PROGRAM'S REPRESENTATIVE AND TO JOINTLY GO TO JACKSONVILLE, FLORIDA, TO MEET WITH REPRESENTATIVES OF THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (”HUD"), IN AN EFFORT TO RESOLVE ADVERSE FINDINGS AND RELATED ISSUES SO THAT THE PROGRAMS ADMINISTERED BY MBDC MAY MOVE FORWARD AS TIMELY AS POSSIBLE SO AS NOT TO INTERRUPT THE ORDERLY ADMINISTRATION OF MBDC WITH THE FULL UNDERSTANDING THAT ANY SUCH RESOLUTION OF FINDINGS OR ISSUES RESTS SOLELY WITH HUD, AND FURTHER DIRECTING THE CITY ATTORNEY TO NOTIFY THE UNITED STATES ATTORNEY, HUD AND THE DEPARTMENT OF COMMUNITY AFFAIRS OF THE STATE OF FLORIDA THAT, BASED UPON THE CITY'S REVIEW OF MBDC RECORDS THERE APPEARS TO BE NO EVIDENCE OF ACTUAL CONFLICTS OF INTEREST, BUT ONLY APPEARANCES OF CONFLICT, AND THAT THERE APPEARS TO BE NO EVIDENCE OF ANY CRIMINAL ACTIVITY. WHEREAS, the United States Department of Housing and Urban Development ("HUD") notified the City of Miami Beach ("City") on September 28, 1990 of four findings relating to the Community Development Block Grant ("CBDG") programs administered by MBDC in Miami Beach; and WHEREAS, two of the four findings of HUD resulted in HUD notifying the City that it should discontinue all funding to MBDC; and WHEREAS, the City of Miami Beach thereafter reviewed the records of MBDC to determine if there were any other violations of Federal Regulations in the MBDC program; and WHEREAS, the City has determined after its review of MBDC records, that although there may be some appearances of conflict of interest relating to the MBDC program, that there are apparently no actual conflicts of interest or the circumstances were such that the conflicts may reasonably have been subject to an exception under HUD regulations; and WHEREAS, MBDC recognizes its errors that resulted in the two findings that led to HUD' s discontinuance of all funding and has agreed to take steps to avoid such future errors; and 1 WHEREAS, MBDC has agreed to permit the City to more closely monitor its operations and provide more intense monthly audits; and WHEREAS, over the past ten years MBDC has been an important instrument in the economic rejuvenation of Miami Beach; and WHEREAS, the City Commission of the City of Miami Beach believes that it is in the best interest of the City for MBDC to continue to operate CBDG programs administered in Miami Beach should HUD permit same to continue. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that 1) The City Manager (or his designee) is directed to meet with Metro Dade County' s Community Development Program' s representatives, and with representatives of Miami Beach Development Corporation and to jointly go to Jacksonville, Florida, and meet with representatives of the United States Department of Housing and Urban Development, in an effort to resolve and cure adverse findings by HUD and related issues so that the programs administered by MBDC in Miami Beach may be funded and move forward as timely as possible so as not to interrupt the orderly administration of MBDC, with the full understanding that any such resolution of findings or issues rests solely with the United States Department of Housing and Urban Development. 2) The City Attorney is directed to notify the United States Attorney, HUD and the Department of Community Affairs of the State of Florida that, based upon the City' s review of MBDC records, there is no apparent evidence of actual conflicts of interest, but only appearances of conflicts, or the circumstances were such that the conflicts may reasonably have been subject to an exception under HUD regulations, and further that there appears to be no evidence of any criminal activity. PASSED and ADOPTED this day of 1990 . it,1111 2/(MAYOR ATTEST: (jr).2-x_ V‘A• ex-k-4'?/10,)TCcul-aivd 6. 'fay(\AA- bervt), CITY CLERK PNB/lm FORM APPROVED: LEGAL DEPT. BY Z-z-cret__ DATE: /47-2 S/ 9° 2 • ORIGINAL RESOLUTION NO. 90-20133 Directing the City Manager to meet with representatives of Miami Beach Development Corporation ("MBDC") and Metro Dade County's Community Development Program's Representative and to joinly go to Jacksonville, Florida, to meet with representatives of the United States Department of Housing and Urban Development ("HUD") , in an effort to resolve adverse findings and related issues so that the programs administered by MBDC may move Forward as timely as possible so as not to interrupt the orderly administration of MBDC with the full understanding that any such resolution of findings or issues rests solely with HUD, and further directing the the City Attorney to notify the United States Attorney, HUD and the Department of Community Affairs of the State of Florida that, based upon the City's review of MBDC records there appears to be no evidence of actual conflicts of interest, but only appearances of conflict, and that there appears to be no evidence of any criminal activity.