Legislative Matter

Miami-Dade Legislative Item
File Number: 062770

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Clerk's Official Copy

File Number: 062770

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-62-07

Control: County Commission

File Name: NEW HORIZONS

Introduced: 9/29/2006

Requester: NONE

Cost:

Final Action: 1/25/2007

Agenda Date: 1/25/2007

Agenda Item Number: 11A1

Notes:

Title:

RESOLUTION RELEASING NEW HORIZONS COMMUNITY HEALTH CENTER, INC. AND NEW HORIZONS FOUNDATION, INC. FROM ANY RESTRICTIONS IN CONNECTION WITH ANY MIAMI-DADE COUNTY GRANT TO PURCHASE THE FACILITY LOCATED AT 1469 NW 36TH STREET AND AUTHORIZING THE COUNTY MANAGER TO ENTER INTO A RELEASE OF GRANT RESTRICTIONS

Indexes:

RELEASE OF COVENANT

Sponsors:

Audrey M. Edmonson, Prime Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	1/25/2007	11A1	Adopted				P

Internal Mgmt. & Fiscal Responsibility Committee	12/14/2006	2E	Forwarded to the BCC by the BCC Chairperson with a favorable recommendation				P
REPORT:	Assistant County Attorney Gerald Sanchez read the foregoing proposed resolution into the record. In response to Commissioner Sorenson’s request for clarification on the type of grant restrictions, Mr. Robert “Robbie” Elias, New Horizons Community Mental Health Center (CMHC), noted that this was done to access funds allocated to New Horizons in a 1983 resolution. Assistant County Attorney Cynthia Johnson-Stacks advised that after diligent search, no restrictions were found in the 1983 resolution that granted funds to the New Horizons CMHC to purchase the property. She noted the language “release of grant restrictions” was used in an abundance of caution, in case of any restrictions, clear title could be obtained. Chairman Barreiro asked the County Attorney to prepare the appropriate memorandum requesting that the foregoing proposed resolution be waived to the full BCC meeting on December 19, 2006 as requested by Commissioner Heyman.

Internal Mgmt. & Fiscal Responsibility Committee	11/16/2006	2E	Carried over due to cancellation of meeting

County Attorney	10/23/2006		Assigned	Internal Mgmt. & Fiscal Responsibility Committee	12/14/2006

Internal Mgmt. & Fiscal Responsibility Committee	10/19/2006	2D	Carried over due to lack of a quorum		11/16/2006
REPORT:	The foregoing proposed Resolution was carried over to November 16, 2006, due to cancellation of meeting due to lack of quorum.

Community Empowerment & Econ. Revitalization Cmte.	10/17/2006	2A	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Jess McCarty read the foregoing proposed resolution into the record. Responding to Commissioner Sorenson’s request for clarification on the intent of the foregoing resolution, Assistant County Attorney Cynthia Johnson-Stacks advised the Committee that a search had been conducted which concluded that no record of any restrictions existed. She indicated that the one grant identified did not contain repayment of conditions in the event that property was transferred, but in an abundance of caution, this proposal was submitted for Committee review. Mr. Rob Ulyess, attorney, Law Firm of Bats and Ulyess, 15500 Viewmont Road, representing New Horizons Community Health Center, Inc., appeared before the Committee and discussed his client’s desire to move forward with financing the renovations of the property consistent with their goal to operate and maintain the facility at an acceptable level for the community. He urged the Committee to support and grant the foregoing proposed resolution. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed resolution as presented. Chairman Rolle acknowledged former Assistant County Manager Israel Milton who was present in connection with this proposed resolution. Mr. Israel Milton, a New Horizons Community Mental Health Center Board member, appeared before the Committee, and noted the presence of New Horizons Board members at today’s meeting. Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed resolution as presented. Chairman Rolle recognized Commissioner Edmonson, the sponsor of the proposed resolution who was present at today’s meeting.

County Attorney	10/3/2006		Referred	Internal Mgmt. & Fiscal Responsibility Committee	10/19/2006

County Attorney	9/29/2006		Assigned	Cynthia Johnson-Stacks

County Attorney	9/29/2006		Referred	Community Empowerment & Econ. Revitalization Cmte.	10/17/2006

Legislative Text

TITLE
RESOLUTION RELEASING NEW HORIZONS COMMUNITY HEALTH CENTER, INC. AND NEW HORIZONS FOUNDATION, INC. FROM ANY RESTRICTIONS IN CONNECTION WITH ANY MIAMI-DADE COUNTY GRANT TO PURCHASE THE FACILITY LOCATED AT 1469 NW 36TH STREET AND AUTHORIZING THE COUNTY MANAGER TO ENTER INTO A RELEASE OF GRANT RESTRICTIONS

BODY
WHEREAS, the County granted $100,000.00 to the New Horizons Community Mental Health Center f/k/a New Horizons Mental Health Center (the �Center�) in 1983 to provide partial funding for the purchase of the Property pursuant to R-1527-83, a copy of which is attached hereto and incorporated herein, which resolution does not, by its terms, impose any restrictions on the use of the Property; and
WHEREAS, it was asserted that the Property was subject to certain limitations, restrictions, and repayment obligations in connection with a financial grant made to the Center by Miami-Dade County (hereinafter referred to as the �Grant�); and
WHEREAS, the Grant, nor any restrictions in connection with the Grant, appear in the Public Records of the County of Miami-Dade County, Florida; and
WHEREAS, Miami-Dade County staff and the Clerk of the Board of County Commissioners has conducted a diligent search of its records and has found no evidence of such restrictions or repayment obligations; and
WHEREAS, the Center has requested that Miami-Dade County release any restrictions which are or might have been contained in the Grant and confirm that any agreements to repay Miami-Dade County grant funds granted to purchase the Property have either expired or are ineffective and are of no force and effect,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the County approves the release of the New Horizon Community Mental Health Center, Inc. and the New Horizons Foundation, Inc. and their assigns and successors from any restrictions in connection with a County grant to purchase the facility located at 1469 NW 36th Street and any obligations to repay any County grant funds provided for the purpose of purchasing such property, and authorizes the County Manager to enter into the Release of Grant Restrictions, in substantially the form attached hereto, following approval by the County Attorney.