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HomeMy WebLinkAboutResolutions - 1989.11.09 - 17075MISCELLANEOUS RESOLUTION NO. #89273 DATE: NOV. g v 1989 BY: PUBLIC SERVICES COMMITTEE - RICHARD D. KUHN, JR., CHAIRPERSON IN RE: COMMUNITY DEVELOPMENT DIVISION - Recapture of Commercial Assistance Program (CAP) Funds from the 1985, 1986 and 1987 CAP Participating Communities and Reallocation to CAP Loan Pool TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS Oakland County has been a recipient of Community Development Block Grant funds from the U.S. Department of Housing and Urban Development since 1974 and has operated a residential rehabilitation program since 1976; and WHEREAS the County of Oakland by Miscellaneous Resolution *82283 of September 21, 1982 adopted the basic concept of utilizing Community Development Block Grant funds to leverage private financial resources for the rehabilitation of residential and commercial property; and WHEREAS the County of Oakland by Miscellaneous Resolutions *84239 of August 30, 1984 and #87134 of May 28, 1987 approved the Rehabilitation Leveraging Agreement with Manufacturers National Bank of Detroit for a program of financing commercial property rehabilitation; and WHEREAS the County of Oakland by Miscellaneous Resolutions *85158 of May 23, 1985, *86037 of February 27, 1986 and *87228 of September 3, 1987 designated communities and funding allocations for the 1985, 1986 and 1987 Commercial Assistance Programs; and WHEREAS the County of Oakland by Resolution *85118 of April 18, 1985 approved general criteria and procedures for the recapture and reallocation of unused CAP funds which reallocation procedure was modified by Resolution *88141 of May 26, 1988; and WHEREAS December 31, 1988 was the final deadline for the 1985 and 1986 CAP program and June 30, 1989 was the final deadline for the 1987 CAP program; and WHEREAS in accordance with the provisions of Miscellaneous Resolution *85118 regarding recapture of CAP funds, the Oakland County Community Development Division recommends the recapture of $10,004.48 in 1985 CAP funds, $7,733.00 in 1986 CAP funds and $72,250.29 in 1987 CAP funds as described in Attachment A; and T. Mur / (°.;1 / Date WHEREAS in accordance with the provisions of Miscellaneous Resolution 488141 regarding the criteria and procedure to reallocate the recaptured CAP funds, the Oakland County Community Development Division recommends the reallocation of the recaptured funds to the CAP Loan Pool; and WHEREAS the Community Development Citizens Advisory Council recommends approval, by a 12-0 roll call vote, of the recapture of 1985, 1986 and 1987 CAP funds and the reallocation of the recaptured funds to the CAP Loan Pool as specified in Attachment A. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes recapture of 1985, 1986 and 1987 Commercial Assistance Program funds from the communities and in the amounts as specified in Attachment A and their reallocation to the CAP Loan Pool. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. Richard D. Kuhn, Jr., Chairperson RECAPTURE(9)kjf 1 HE,REI3Y APPrOVE THE FOREGOING RESOLUTION Attachment A Recapture of Commercial Assistance Program Funds from the 1985, 1986 & 1987 CAP Participating Ctumnities Recomuendation - The Oakland County Community Development Division (CCU) the recapture of $10,004.48 in 1985 CAP funds, $7,733.00 in 1986 CAP $72,250.29 in unused 1987 CAP funds from the following communities: recommends funds and Community ' 1985 1986 1987 Total ' Village of Clarkston . City of Hazel Park Independence Township Village of Lake Orion Oakland Township Royal Oak Township Springfield Township $ 10,004.48 7,733.00 $10,004.48 $7,733.00 $13,230.75 14,872.16 12,136.88 18,876.50 13,134.00 - $72,250.29 $13,230.75 10,004.48 14,872.16 12,136.88 18,876.50 13,134.00 7,733.00 $89,987.77 $ Justification for Recapture - The 1985 funds from the City of Hazel Park were coukuitted to an applicant who defaulted on his connaitment because the contractor would not comply with the federal wage regulations. The funds are now subject to recapture. The 1986 funds committed to the Springfield Township project must be expended by August 23, 1989 according to the loan agreement. This is the second extention for this project. The original deadline was July 1, 1988. The loan was closed on February 1, 1988. CCCD has some concern that this applicant will also default. For administrative purposes, CCCD is recommending that these funds be recaptured. This project would then be funded from the CAP Loan Pool if it should be completed as required. The 1987 CAP communities completed their 18 month program participation on June 30, 1989. Pursuant to their Letter of Agreement, 100% of each community's CAP allocation was to be reserved through an application, loan commitment, or disbursement. If this condition was not met the balance of the CAP allocation was subject to recapture. The CAP Loan Pool is available to the 1985, 1986 and 1987 CAP communities for funding new projects. FISCAL NOTE (Misc. 89273) November 9, 1989 BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: COMMUNITY DEVELOPMENT DIVISION - RECAPTURE OF COMMERCIAL ASSISTANCE PROGRAM (CAP) FUNDS FROM THE 1985, 1986 and 1987 CAP PARTICIPATING COMMUNITIES AND REALLOCATION TO CAP LOAN POOL MISCELLANEOUS RESOLUTION #89273 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mt. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI--G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #89273 and finds: 1) The County of Oakland by Miscellaneous Resolution #89273 of authorized the recapture of $89,988 in 1985, 1986 and 1987 CAP funds to be reallocated to this CAP Loan Pool, 2) The recaptured CAP Funds are to be committed to one applicant at a time on ,a first come, first served basis, 3) The 1989 Budget is to be amended per the attached schedule, 4) The Executive Recommendation for the 1990/1991 Biennial Budget is requested to be amended to reflect the recaptured funds. FINANCE COMMITTEE Resolution #__89213 November 9, 1989 'day of November LYNUA. ALLEN, County Clerk/Register of f) _ Moved by Richard Kuhn supported by Pappageorge the resolution be adopted. AYES: R. Kuhn, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Olsen, Pappageorge, Pernick, Rewold, Skarritt, Aaron, Caddell, Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson. (22) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) 1, Lynn D. Allen, Clerk of the County of Oakland andhaving a seal, do hereby certify that ( have compared the annexed copy of the attached resolution adopted by the Oakland County Board of Commissioners at their regular (qeeting held on November —9r, 1 989 with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. to Tostirpony Whereof, I have he set my hand and affixed the seal of said County at Pontiac, Michigan this 9th