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HomeMy WebLinkAboutResolutions - 1988.06.09 - 17485DATE: May 26, 1C88 MISCELLANEOUS RESOLUTION NO. 88140 BY: PUBLIC SERVICES COMMITiEE - RICHARD D. KUHN, JR., CHAIRPERSON IN RE; COMMUNITY DEVELOPMENT DIVISION - Recapture of Commercial Assistance Program (CAP) Funds from the 1985 and 1986 CAP Participating Communities 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 and #86037 of February 27, 1986 designated communities and funding allocations for the 1985 and 1986 Couiaercial 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; and WHEREAS June 30, 1987 was the loan application deadline for the 1985 CAP program and March 31, 1,988 was the final deadline for the 1986 CAP program; and WHEREAS in accordance with the provisions of ,liscellaneous Resolution #85118 regarding recapture of CAP Lunds, the Oakland County Community Development Division recommends the recapture of $23,498.64 in 1985 CAP funds and $107,150.25 in 1986 CAP funds as described in Attachment A; and WHEREAS the Oakland County Community Development Division has recommended, in a companion resolution, the Modified Criteria and Procedure to reallocate the recaptured CAP funds; and WHEREAS the Community Development Citizens Advisory Council recommends approval (by a 12-0 roll call vote) of the recapture of 1985 and 1986 CAP funds as specified in Attachment A. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Conwissioners hereby authorizes recapture of 1985 and 1986 Commercial Assistance Program funds from the communities and in the amounts as specified in Attachment A. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. Richard D. Kuhn, Jr:, Chairperson 1 ' Y APPROVF. T . RESOLUTION , DaMel Murphy, .C:6:4:!ri.FExe" Dift ATTACHMENT A RECAPTURE OF COMMERCIAL ASSISTANCE PROGRAM FUNDS FROM THE 1985 & 1986 CAP PARTICIPATING COMMUNITIES RECOMPTENDAYEN - The Oakland County Community Development Division (OCCD) recommends the recapture of $23,498.64 in unused 1985 CAP funds and $107,150.25 in unused 1986 CAP funds from the following communities: Community 1985 CAP $ 1986 CAP $ Total $ City of Berkley 0 $ 7,769.00 $ 7,769.00 Village of Beverly Hills 0 8,008.00 8,008.00 Village of Holly 4,730.36 N/A 4,730.36 City of Keego Harbor N/A 37,652.00 37,652.00 Village of Milford 29.00 N/A 29.00 City of Oak Park 0 8,431.25 8,431.25 Village of Ortonville 17;646.40 N/A 17,646.40 Village of Oxford 1,092.88 N/A 1,092.88 City of Pleasant Ridge N/A 6,562.00 6,562.00 City of Rochester Hills N/A 305.00 305.00 Springfield Township N/A 38,423.00 38,423.00 TOTAL: $23,498.64 $107,150.25 $130,648.89 This recommendation is based on the progress made by the 1985 and 1986 CAP participating communities in depleting their CAP funding allocation. The process and criteria for the recapture of CAP funds are authorized by: 1. Miscellaneous Resolution 485107 of March 28, 1985 which established an 18 month program period during which the CAP communities could utilize CAP funds; and 2. Miscellaneous Resolution #85118 of April 18, 1985 which states that CAP funds may be recaptured from a participating community when it does not meet the quarterly performance goals (for loan applications, loan approvals, and projects completed) that are included in its CAP Letter. of Agreement with OCCD. The general recapture policy was made operational on February 17, 1987 with the issuance of specified criteria identifying performance levels for a CAP community to achieve by 9 months, 12 months, 15 months and 18 months into their 18 month CAP program period. Refer to Exhibit #1. -1- JUSTIFICATI(N FOR RECAPTURE A. The 1985 CAP Program I. The 1985 CAP communities were given a uniform deadline of June 30, 1987 to submit loan applications to OCCD. That portion of a community's CAP allocation that was not disbursed, closed on, committed to or applied for by that date, was recapture on July 23, 1987. 2. OCCD reviewed the status of the 1985 CAP communities in January 1988. Applicants with applications over six months old which had no recent activity were notified that in order to continue in the program they must contact OCCD in March to confirm their interest in CAP financing. If OCCD was not contacted, the application would be withdrawn. The communities were informed that funds allocated for withdrawn applications would be recaptured this spring. Communities were also informed that all projects must be under construction or ready to go under construction by December 31, 1988 to avoid recapture in January 1989. Table #1 shows the 1985 CAP community allocations and the amount of funds depleted* through March 31, 1988. Table #1 1985 CAP Communities Funding Allocation and Recapture Status Report *Funds Depleted Balance to be Communities CAP Allocation Through 3/31/88 Recaptured City of Ferndale $ 67,235 City of Hazel Park 37,187 Village of Holly 38,080 Village of Milford 5,017** Village of Ortonville 27,668 Village of Oxford 17,499** City of Walled Lake 30,642 $ 67,235 $ 0 37,187 0 33,349 4,731 4,988 29 10,022 17,646 16,406 1,093 30,642 0 TOTAL: $223,328 = $199,829 $23,499 *Depleted means any combination of CAP funds: 1) disbursed upon project completion 2) reserved upon a loan closing or committment 3) applied for with an active application **CAP allocation adjusted through a previous recapture -2- $ 78,021.00 23,955.00 39,555.75** 45,213.00 22,324.00** 16,646.25** 6,562.00** 70,724.00 13,125.00 46,156.00 $ 70,252.00 15,947.00 39,555.75 7,561.00 22,324.00 8,215.00 0 70,724.00 12,820.00 7,733.00 $ 7,769.00 8,008.00 0 37,652.00 0 8,431.25 6,562.00 0 305.00 38,423.00 $362,282.00 = $255,131.75 -1- $107,150.25 CAP funds: B. The 1986 CAP Program 1. On December 31, 1987, eight of the ten 1986 CAP communities completed- their 18 month program participation, one was completed on January 1, 1988 and the final community completed their participation on March 31, 1988. 2. The 1986 CAP communities were sent their 18 month monitoring reports in early February 1988. Those communities who had not depleted their funds were notified of the impending recapture. OCCD did allow communities to accept new applications through mid-March for projects ready to go under construction this season. 3. Table #2 shows the 1986 CAP community allocations and the amount of funds depleted* through March 31, 1988. Table #2 1986 CAP Communities Funding Allocation and Recapture Status Report Communities Balance CAP *Funds Depleted to be Allocation Through 3/31/88 Recaptured City of Berkley Village of Beverly Hills City of Farmington City of Keego Harbor City of Madison Heights City of Oak Park City of Pleasant Ridge City of Rochester City of Rochester Hills Springfield Township TOTAL: *Depleted means any combination of 1) disbursed upon project completion 2) reserved upon a loan closing or committment 3) applied for with an active application **CAP allocation adjusted through a previous recapture. MMS/kjf 4/22/88 MMS-1 -3- MOWEIMM111.1.11101. VOIMIMW 116. COUNTY MICHIGAN DEPARTMENT OF PUBLIC WORKS ATTACHMENT A - EXHIBIT #1 February, 1987 Daniel T. Murphy, Oakland county Executive Comm.)Ntre DEVELOPMENT „ Kenneth R. Patterson - Manager COMMERCIAL ASSISTANCE PROGRAM (CAP) Criteria for the Recapture of Unused CAP Funds In accordance with Oakland County Board of Commissioners' Miscellaneous Resolution #85118 of April 18, 1985, all or a portion of a community's CAP funding allocation will be recaptured when insufficient CAP performance so warrants. Such insufficient performance is indicated when a community does not meet its established quarterly performance goals as specified in their CAP Letter of Agreement with Oakland County. The Board of Commissioners' approved CAP recapture procedures are made operational through the following indicators of loan application activity. 1. At least one complete, locally approved CAP loan application must be submitted to the Oakland County Community Development Division by the end of the 9th month of the community's 18 month CAP program period. When this condition is not met, 25% of the Community's CAP funding allocation will be recaptured. 2. By the end of the 12th month, the *active loan applications and *active loan commitments must represent at least 50% of the community's CAP funding allocation. When this condition is not met, 25% of the community's CAP allocation will be recaptured. 3. By the end of the 15th month, the *active loan applications and *active loan commitments must represent at least 75% of the community's CAP funding allocation. When this condition is not met, 25% of the community's CAP funding allocation or the balance if less, will be recaptured. 4. By the end of the 18 month CAP program period, the *active loan applications and the *active loan commitments must represent 1007. of the community's CAF allocation. If this condition is not met, then the balance will be recaptured. * NOTE- An active loan application means one that has been locally approved, submitted to Oakland County Community Development, and has neither been withdrawn by the applicant or denied by a financial institution. An active loan commitment means one that has been issued by a financial institution and/or Oakland County Community Development for a project that has not withdrawn from the program and is proceeding toward loan closing and construction in a timely fashion. Executive Office Building 1200 North Telegraph Road Pontiac, Michigan 48053 p1 858-0493 FISCAL NOTE June 9, 1988 BY: FINANCE COMMITTEE, DR. G. WITLIAM CADDELL, CHAIRPERSON IN RE: COMMUNITY DEVELOPMENT DIVISION - RECAPTURE OF COMMERCIAL ASSISTANCE PROGRAM (CAP) FUNDS FROM THE 1985 AND 1986 CAP PARTICIPATING COMMUNITIES - MISCELLANEOUS RESOLUTION #88140 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution 1188140 and finds: 1) The County of Oakland by Miscellaneous Resolution 1188141 of May 26, 1988 authorized the recapture of $130,649 in 1985 and 1986 CAP funds to be made available as a pool of funds for loan applications in eleven (11) communities as described in Attachment A, and to be committed to one applicant at a time on a first cone - first served priority basis; 2) The 1988/1989 Budget is to be amended per attached Schedule I. FINANCE OONIMIllEE t 191 01 COMMON1111 CURS: 1JU,W1') 5 30,919 $ 130,649 $ 130,6411 1 2,//7,488 5 3,054,879 53,054,879 1 MI 1 i I Vi 11 '19,01V. '11AN 1 ,J118/19119 iJ182 71,11 Now Nn., 1 i; 11 Ain uHri) 11.1NDS , 19118 1q118 11)1.19 1088 1989 AMINICJ Al' 18NP:, MIZID 701,1k1) CAP FUNDS PROPOSEC lolw 1 kl .71 1! 1J IRIDG1 I n01-,t 1 laCANUNED BUUGL1 AUHURN HILTS $ 213,709 $ 713,/09 $ 210,861 $ 210,861 BERKLEY A/6,01/ (1,169) 361,818 134,15/ (7,769) 426,388 CLAWSON 65,4/9 55,179 65,449 55,449 FARMINGTON 183,716 1133,116 207,509 207,509 IERNDAIE 1-)75,471) ,,25,475 554,171 554,174 8A1E1 PARK 122,790 472,790 790,254 296,251 HUN1INGION WOODS H,596 13,1196 14,609 11,509 KEEGO HARBOR 68,921 (31,552) 31,269 47,423 (37,652) 9,776 LATHROP VILLAGE 31,861 31,861 :19,264 39,264 MADISON HEIGHTS 6/4,182 674,182 724,900 774,900 NORTHVILLE 1,821 7,824 6,000 6,000 NOVI 276,819 2/6,819 320,202 320,202 OAK PARK 358,600 (8,431) 360,159 746,306 (6,431) 237,877 ORCHARD LAKE 19,329 19,329 24,053 24,053 PLEASANT RIDGE 53,924 (6,562) 47,362 59,217 (6,562) 52,655 ROCHESTER 29,131 29,131 31,124 31,174 ROCHESTER HILLS - 103,068 (305) 102,763 107,988 (305) 107,683 50111 1YON .14,Y19 )4M9 70,515 20,815 SYLVAN LAKE 72,480 22,480 30,715 30,775 TROY 412,116 132,415 037,181 532,161 WALLED LAKE 97,777 97,777 119,492 119,492 WIXOM 29,445 29,415 30,965 30,965 IDEAL CITIES: $ 4,0A1,0633 $ (60,/19) $ 3,9/0,339 $ 4,163,6)5 $ (50,719) $4 ,102,596 TOWNSHIPS: ADDISON $ 23,388 $ 23,388 $ 15,442 $ 15,442 BRANDON 5/,006 57,006 50,101 50,101 COMMERCE 159,09! 159,09/ 56,620 56,620 GROVELAND 48,640 18,640 57,465 57,455 HIGHLAND 27,820 21,820 57,096 57,096 HOLLY 67,834 57,834 84,322 84,322 INDEPENDENCE . 189,751 169,751 201,882 201,882 LYON 64,804 : 64,804 14,409 44,409 MILFORD 83,1/1 83,171 96,012 98,012 OAKLAND 85,801, 86,806 102,994 102,994 ORION 266,2/3 256,273 213,711 213,714 OXFORD 57,468 57,468 59,733 59,733 ROSE 76,469 76,469 .91,520 91,520 80875 OAK 181,474 I811,401 212,000 212,000 SPINGF1ELD 165,386 (38,423) 125,062 101,033 (3)3,423) 155,610 WEST BLOOMFIELD 221,680 221,680 418,351 418,351 out LAKE 291,055 293,095 318,629 318,629 TOTk. TOWNSHIPS: $ 2,049,014 $ (30,423) $ 2,010,551 $ 2,276,323 $ (38,423) 52,237,900 VIII A0(5: 1118FPIY 1111IS $ w,541 1, )',1108) $ 14,513 . $ 21,931 $ (8,008) $ 13,923 CLARKSTON 10,268 10,268 6,000 6,000 HOTLY 98,271 (1,791) 93,510 115,813 (4,731) 111,082 LAKE ORION 55,09/ 55,097 • 59,283 59,263 1608A91) 6,000 6,000 6,000 6,000 mILIORD 1/3,160 (29) 113,721 194,021 (29) 193,992 ORTONVILLE 19,614 (17,646) 1,998 21,440 (17,646) 3,794 MORO 11,916 (1,091) '10,873 - 13,110 (1,093) 12,017 WOIVI_RINE tAKI A0,/96 30,/96 29,533 29,633 TOTAL VILLAGES: $ 476,283 $ (31,507) $ 416,776 $ 467,23) $ (31,507) $ 435,724 101AI UIMMIINI IllS $ (! w,61A 5 6,121,11u 5 6,901,169 $(13u,649( $6,05M0 C088(95171 1116191 PROGRAM -CAP) 0741 AND 108818 BAIANCI I986 RtNIAI ,CARRY IN AILOCAIION GRAND 101Ai $ 1 ,0,000 $ 9,529,903 194,00 t 611,000 $ 58,000 5 9,929,9U11 510,020,048 $10,020,048 .7L MWSKEZ47ZUWWV6 SM.11787601.7M EWMMXWIAMMR MUMWM.Maili June 9, 1988 Resolution # 88140 June 1388 ALLEN, County Cierk/Register of _ 'day of Moved by Richard Kuhn supported by Susan Kuhn the resolution (with Fiscal Note attached) be adopted. AYES: R. Kuhn, S. Kuhn, Lanni, Luxon, McDonald, A. McPherson, R. -McPherson,' Moffitt, Oaks, Page, Pernick, Price, Rewold, Skarritt, Aaron, Bishop, Caddell, Calandro, Crake, Doyon, Gosling, Hobart, Jensen. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MiCHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of the attached Resolution which was adopted by the Oakland County Board of Commissioners at _their meeting held on June 9, 1988 with the original record thereof no remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, have hereunto set my hard and affixed the seal of said County at Pontiac, Michigan this 9th