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Watford/Watford Conflict of Interest , EXHIBIT 8 AUGUST 17, 2004, MEMORANDUM NANCY PHILLIPS & ASSOCIATES, L.C. 7408 Edisto Drive Tel: 561-432-1524 Lake Worth, Florida 33467 FAX: 561-432-6734 August 10, 2004 TO: Mayor and City Council, City of Okeechobee FROM: Nancy Phillips, Grants/Funding Specialist SUBJECT: Conflict of Interest for Community Development Block Grant (CDBG) • Porr #lJ Ui 04DB-001 Project Pct- -t As part of the CDBG program, the City is required to identify any potential Conflicts of Interest that might exist between any elected official or family member of a local elected official that has a financial interest or will receive or benefit from assistance provided by the CDBG program. Florida Statute Chapter 112.311 through 112.3143 and 24 CFR 570.489(h) outlines the State and Federal requirements pertaining to Conflicts of Interest. As part of the City's Commercial Revitalization grant, the City is considering providing assistance to private businesses for facade rehabilitation of commercial structures. One of the applicants, North Park Tire Center, 200 NW Park Avenue, is owned by David Watford, a cousin to City Councilman Dowling Watford. In order for the CDBG program to provide assistance to North Park Tire Center, Councilman Watford must file a written statement with the City advising of this conflict and make a public disclosure of this Conflict of Interest at the City Council meeting held on August 17, 2004. Once this disclosure has been made, the City may request a waiver from the Florida Department of Community Affairs. A motion must be made and approved by the City Council that requests a waiver from DCA. The City Attorney will also be required to render a legal opinion that finds that the conflict is eligible for a waiver and that no policies have been violated. I will provide the City Attorney with the proper language for this legal opinion that complies with the CDBG program. I will be present at the August 17th meeting to address any comments regarding this process. /nsp AUGUST 17,2004-REGULAR MEETING•PAGE 14 OF 18 AGENDA COUNCIL ACTION-DISCUSSION-VOTE IX. NEW BUSINESS CONTINUED. A. Discussion regarding a conflict of interest in the Community Council Member Watford disclosed for the record that David Watford,who is the owner of North Park Tire Center is Development Block Grant(CDBG)Commercial Revitalization 04DB- - his cousin, and that he will abstain from voting on any issues as appropriate. C01 project continued. Council Member Williams made a motion, as recommended that the City request waiver from DCA of the Conflict of Interest of David Watford, owner of North Park Tire Center,who is a cousin of Council Member Dowling Watford, so that North Park Tire Center can receive CDBG program benefits and was selected in accordance with the City Commercial Rehabilitation Policy; seconded by Council Member Markham. VOTE KIRK-YEA CHANDLER-ABSENT MARKHAM•YEA WATFORD-ABSTAINED(FORM 8B MEMORANDUM OF VOTING CONFLICT FOR MUNICIPAL PUBLIC OFFICERS IS ON FILE IN THE CLERK'S OFFICE) WILLIAMS•YEA MOTION CARRIED. B. Motion to adopt Resolution No, 04-10 regarding future maintenance and attendant costs in connection with the Economic Development Council Member Watford moved to adopt proposed Resolution No.04-10 regarding future maintenance and attendant Transportation fund (EDTF)grant project-Nancy Phillips, Grant costs in connection with the Economic Development Transportation Fund(EDTF)grant project;seconded by Council Administrator(Exhibit 9). Member Williams.There was a brief discussion on this item, this document is basically a formality,ensuring that the City states and understands that it will maintain what it builds in the Commerce Center as it relates to transportation. Attorney Cook read proposed Resolution No.04-10 by title only as follows; "A RESOLUTION ACCEPTING FUTURE MAINTENANCE AND OTHERATTENDANT COSTS OCCURRING AFTER THE COMPLETION OF THE ECONOMIC DEVELOPMENT TRANSPORTATION FUND PROJECT FOR THE CITY'S COMMERCE CENTER PARK, INFRASTRUCTURE." VOTE KIRK-YEA CHANDLER•ABSENT MARKHAM-YEA WATFORD-YEA WILLIAMS-YEA MOTION CARRIED. AUGUST 17,2004-REGULAR MEETING-PAGE 13 of 18 AGENDA COUNCIL ACTION-DISCUSSION•VOTE VIII FIRST PUBLIC HEARING FOR CDBG PROGRAM CONTINUED. A. 1.a) Discuss the Community Development Block Grant(CDBG) Program Economic Development grants are based on job creation and the City forms a partnership with a private business who for the Fiscal Year 2004 Funding Cycle for Economic Development will be creating the jobs and they are required to create a certain number of jobs for a certain amount of grant funds continued. that will be awarded to the City on behalf of the private business.Typically these grants can be used for infrastructure, water, wastewater, and roadways. Conducting this public hearing, it will facilitate the CDBG grant application process and allow the City to submit an Economic Development project in a more timely manner. Administrator Veach noted that Ms, Phillips brought this matter to our attention.This gives the City"heads up,"should the opportunity arise to apply for the grants,and gives us a"leg up on competition."He also stated he appreciated the fact that she is looking out for the City. b) Public Comments. Mayor Kirk then asked whether there were any questions or comments from the public. There were none, CLOSE PUBLIC HEARING. MAYOR KIRK CLOSED THE FIRST CDBG PROGRAM PUBLIC HEARING AT 7:12 P.M. IX. NEW BUSINESS, A. Discussion regarding a conflict of interest in the Community Ms, Phillips addressed the Council by explaining as part of the Community Development Block Grant (CDBG) Development Block Grant(CDBG)Commercial Revitalization 04DB- program,the City is required to identify any potential Conflicts fo Interest that might exist between any elected official C01 project-Nancy Phillips (Exhibit 8). or family member of a local elected official that has a financial interest or will receive or benefit from assistance provided by the CDBG program. Florida Statute Chapter 112,311 through 112.3143 and 24 CFR 570.489(h)outlines the State and Federal requirements pertaining to Conflicts of Interest. A Conflict of Interest exists between Council Member Watford and David Watford. Mr. David Watford, owner of North Park Tire Center, is eligible for the CDBG program benefits and was selected in accordance with the City's local Commercial Rehabilitation Policy. In order for the CDBG program to provide assistance to North Park Tire Center, Council Member Watford must file a written statement with the City advising of this conflict and make a public disclosure of this Conflict of Interest at the City Council Meeting, Once this disclosure has been made, the City may require a waiver from the Florida Department of Community Affairs(DCA),A motion must be made and approved by City Council that requests the waiver from DCA. Then the City Attorney will also be required to render a legal opinion that finds that the Conflict is eligible for a waiver and that no policies have been violated.