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 .
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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.