Miami-Dade Legislative Item
File Number: 131965
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File Number: 131965 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: County Commission
File Name: ADMIN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG) Introduced: 10/7/2013
Requester: NONE Cost: Final Action:
Agenda Date: 12/3/2013 Agenda Item Number: 7C
Notes: SEE 132536 FOR FINAL VERSION AS ADOPTED. Title: ORDINANCE RELATING TO ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; AMENDING CHAPTER 2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PERMIT THE MAYOR OR MAYOR’S DESIGNEE TO CHANGE THE NATIONAL OBJECTIVE UPON DETERMINATION THAT THE PROJECT HAS MET ANOTHER NATIONAL OBJECTIVE; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: AMENDING CODE
  CDBG
Sponsors: Audrey M. Edmonson, Prime Sponsor
  Barbara J. Jordan, Co-Sponsor
  Dennis C. Moss, Co-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 12/3/2013 7C Amended
REPORT: The foregoing proposed ordinance was amended to add language saying “that the authority delegated therein to the Mayor or Mayor’s designee to change the national objective for CDBG-funded projects shall be limited to the ability to change the national objective for projects and shall have no effect on the authority of the Mayor or Mayor’s designee with respect to the amount of any allocation awarded to a project pursuant to a commission district allocation.” (SEE RELATED AGENDA ITEM 7C AMENDED, LEGISLATIVE FILE NUMBER 132536)

Economic Development & Port Miami Committee 11/14/2013 1F1 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Monica Maldonado read the foregoing proposed ordinance into the record. Chair Bell opened the public hearing; the following persons came forward in connection with the foregoing proposed ordinance: ~Sam Gilmore 2230 NW 193rd Terrace Miami, Florida ~Madame Renita Holmes, on behalf of the Women’s Association Seeing no one else come forward, Chair Bell closed the public hearing. Hearing no further comments or questions, the Committee proceeded to vote.

Board of County Commissioners 10/22/2013 Tentatively scheduled for a public hearing Economic Development & Port Miami Committee 11/14/2013

Board of County Commissioners 10/22/2013 4B Adopted on first reading 11/14/2013 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance as presented. The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Economic Development and PortMiami Committee on November 14, 2013 at 2:00 p.m.

County Attorney 10/7/2013 Referred Economic Development & Port Miami Committee 11/14/2013

County Attorney 10/7/2013 Assigned Brenda Kuhns Neuman

Legislative Text


TITLE
ORDINANCE RELATING TO ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; AMENDING CHAPTER 2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PERMIT THE MAYOR OR MAYOR’S DESIGNEE TO CHANGE THE NATIONAL OBJECTIVE UPON DETERMINATION THAT THE PROJECT HAS MET ANOTHER NATIONAL OBJECTIVE; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, contracts executed between the County and agencies for CDBG funds include a requirement that the agency meet a national objective, as defined by 24 C.F.R. 570.483. The CDBG national objective is either specified in the resolution from the Board as a part of the Board’s award of CDBG funds, or is identified by the Mayor or Mayor's designee at the time of contract execution, if the Board has not specified a national objective; and
WHEREAS, Resolution No. R-596-12 requires that twenty percent (20%) of the County’s annual CDBG allocation be used for economic development projects for which the CDBG national objective is job creation; and
WHEREAS, Chapter 2 of the Code of Miami-Dade County, Florida, requires in Section 2-10.5 that CDBG funds used for economic development projects generate long-term employment for low- and moderate-income people and further requires that the County withhold funds or terminate the funding of projects which fail to meet job creation targets; and
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the County to achieve any of the CDBG national objectives, which are (1) benefit to low- and moderate-income (LMI) persons or communities, including LMI area benefit, LMI benefit to a limited clientele, LMI job creation/retention, LMI housing; (2) prevention or elimination of slum or blight; or (3) urgent community development needs; and
WHEREAS, it may become apparent to the Mayor or Mayor's designee after contract execution and the selection of the national objective that some agencies will be unable to meet the national objective required by the Board or in their particular contracts, but may be able to meet another national objective by completing the same activity contracted for; and
WHEREAS, U.S. HUD allows the County to meet any of the national objectives set forth in 24 C.F.R. 570.483 and to change the national objective when needed; however, where the Board has specified a particular national objective to be met in legislation approving the CDBG funding awards or by ordinance, the Mayor or Mayor's designee is restricted from changing the national objective without approval of the Board, even where the County is subject to the risk of repayment to U.S. HUD; and
WHEREAS, the County would benefit from tailoring the CDBG national objective to one which may be completed successfully, thus avoiding the risk of repaying to U.S. HUD the CDBG funds designated for that activity; and
WHEREAS, the Board desires to authorize the Mayor or Mayor's designee to change the national objective on projects which have received CDBG funds through the County, upon a determination by the Mayor or Mayor's designee that the project has met another national objective,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA that:
Section 1. Section 2-10.5 of the Code of Miami Dade County, Florida, is hereby amended to add a new subsection (g) and to renumber all subsequent sections as follows1:
Sec. 2-10.5. - Administrative guidelines for community development block grant funds.

* * *
>>(g) The Mayor or Mayor's designee may change the national objective on CDBG-funded projects and amend contracts accordingly, including revising job creation requirements, upon a determination by the Mayor or Mayor's designee that the project has met another national objective. This authorization applies retroactively to existing, executed contracts for CDBG funds and future CDBG contracts executed after the adoption date of this ordinance and is intended to expedite the appropriate spending of CDBG dollars in order to meet the 1.5 spending ratio required by the U.S. HUD and to allow the County and the agencies it funds the flexibility to meet alternative national objectives. The Mayor or Mayor's designee is directed to report to the Board on a quarterly basis all administrative changes of the CDBG national objective.<<

[[(g)]]>>(h)<< No more than twenty (20) percent of the total federal community development block grant budget for each project year shall be spent for local administration of this program.

[[(h)]]>>(i)<< The provisions of this section shall be construed as directory only, and failure to comply with the provisions hereof shall not affect the validity of any acts taken pursuant to this section.

Section 2. If any section, subsection, sentence, clause or provision of this ordinance
is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word “ordinance” may be changed to “section,” “article,” or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.



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