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HomeMy WebLinkAboutResolutions - 1990.09.27 - 18351MISCELLANEOUS RESOLUTION 90233 DATE September 27, 1990 BY: PUBLIC SERVICES COMMITTEE, RICHARD D. KUHN, JR., CHAIRPERSON IN RE: COMMUNITY DEVELOPMENT DIVISION - PROCEDURE FOR THE RECAPTURE OF FUNDS ALLOCATED TO PARTICIPATING COMMUNITIES IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies, and Gentlemen: WHEREAS, the Oakland County Community Development Division has administered the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program for participating communities in Oakland County since 1975; anC WHEREAS, Community Development Block Grant Funds have been allocated to the participating communities on a formula basis since the inception of the program; and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) regulation 24 CFR 570.902 (A)(1)(i) dated September 1988 mandates that CDBG funds undisbursed sixty days prior to the end of the program year, April 30th, can not exceed 1.5 times the current program year allocation; and WHEREAS, HUD's annual grantee performance reviews question slow moving activities and the amount of undisbursed funds; and WHEREAS, several communities have undisbursed funds dating back to 1984; and WHEREAS, the lack of timely use of grant funds can result in the loss of purchasing power of those funds; and WHEREAS, there continues to be a significant need to fund and expedite projects that benefit low and moderate income families and address slum and blight conditions in Oakland County; and WHEREAS, the Oakland County Community Development Division in order to continue compliance with HUD's spending performance regulation recommends that participating communities be allowed to retain undisbursed funds from the three most recent program year allocations; and WHEREAS, funds from previous years not contractually obligated will be recaptured as of December 31, 1991 and each year thereafter; and WHEREAS, the recapture of undisbursed funds from previous years may be waived for a period of one year by the Community Development Division with justification (see attached form) and a legislative resolution from the requesting participating community; and WHEREAS, if a waiver is denied by the Community Development Division, the applicant may appeal the denial by seeking review and relief from the Citizens Advisory Council. WHEREAS, the Oakland County Community Development Citizens Advisory Council has unanimously approved the recapture procedure by a roll call vote of 9-0. WHEREAS, these procedures have been reviewed and approved as to legal sufficiency by the Office of Corporation Counsel. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners allow participating communities to retain undisbursed funds from the three most recent program year allocations. The Oakland County Community Development Division is authorized to recapture as of December 31, 1991 and each year thereafter funds from previous years unless contractually obligated. The recapture of undisbursed funds from previous years may be waived for a period of one year by the Community Development Division with justification (see attached form) and a legislative resolution from the requesting participating community. If a waiver is denied by the Community Development Division, the applicant may appeal the denial by seeking review and relief from the Citizens Advisory Council. Mr. Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution. PUBLIC SERVICES COMMITTEE 4404,a KRP/dmj RECAPTURE3 kjf 9/19/90 RÉBY AP • • I E FOR . OING RESOLUTION / /4400F / 4Lii 441,j/dre Daniel T. Murihy, Cour) Exec lye Date REQUEST TO WAIVE RECAPTURE OF COMMUNITY DEVELOPMENT BLOCK GRAN'f FUNDS The U.S. Department of Housing and Urban Development (HUD) regulation 24 CFR570.902(A)(1)(i) dated September 1988 mandates that CDBG funds undisbursed sixty days prior to the end of the program year, April 30th, can not exceed 1.5 times the current program year allocation. In order to continue to comply with the HUD regulation, the Oakland County Board of Commissioners passed Miscellaneous Resolution No. dated that allows participating communities to retain undisbursed funds from the three most recent program year allocations. The Oakland County Community Development Division is authorized to recapture funds from previous years as of December 31, 1991 and each year thereafter. The recapture of undisbursed funds from previous years may be waived for a period of one year by the Community Development Division with justification and a legislative resolution from the requesting participating community. If a waiver is denied by the Community Development Division, the applicant may appeal the denial by seeking review and relief from the Citizens Advisory Council. The submittal of the following information and a resolution from the community's legislative body requesting the deferral of the recapture of CDBG funds for one year for one activity will constitute the Request to Waive Recapture of CDBG Funds for that one activity. Community requesting waiver Date request submitted Project Name and Identification No. from financial statements Amount of funds to be retained Description of Activity Location of Activity Initial date to begin project identified on original application Initial date to complete project identified on original application Actual date of initiation of project Reason for NOT completing project as specified on original application Please provide a corrective action plan and specific dates to expend funds during the next calendar year. Date Corrective Action PLEASE NOTE: A resolution from the legislative body requesting the waiver must accompany the information requested above. This Request for Waiver must be submitted to the Oakland County Community Development Division on or before December 1 of each year to be considered for a one year waiver. Rev. 8/30/90 September 27, 1990 Resolution # 90233 Moved by Richard Kuhn supported by Moffitt the resolution be adopted. AYES: Aaron, Bishop, Calandro, Chester, Crake, Ferrens, Gosling, Huntoon Jensen, Johnson, R. Kuhn, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Rewold, Wolf. (22) 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, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 27. 199Q with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set .my hand and affixed the seal of aunty of Oakland at Pontiac, Michigan this Oth day o0 199_101_ - _ , (2d- Lynn. Allen, County Clerk