HomeMy WebLinkAboutResolutions - 2011.10.05 - 18754CommissioneriDavid W. Potts
District #20
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District #
Commissioner Vi(ael J. Gin
Distri,ct #3
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Commissioner
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Commissioner
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Commissioner Thomas F. Middleton
District #4
MISCELLANEOUS RESOLUTION #11249 October 5, 2011
BY: Commissioners David W. Potts. District # 20, Michael J. Gingell, District #3, Thomas F. Middleton,
District #4
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS – COMMUNITY &
HOME IMPROVEMENT DIVISION – COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
COOPERATION AGREEMENT WITH THE CITY OF PONTIAC
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the U.S. Department of Housing and Development (HUD) has qualified Oakland
County to receive federal Community Development Block Grant (CDBG) entitlement funds annually as an
urban county with a participating community population of 200,000 or more in accordance with federal
regulations: and
WHEREAS HUD requires Oakland County to enter into a Cooperation Agreement with each unit
of local government that is to become part of the urban county as part of the CDBG urban county
qualification process: and
WHEREAS the City of Pontiac has requested to participate in the Oakland County urban county
CDBG Entitlement program for the three year qualification period beginning with the program year 2012
through 2014 (May 1, 2012 – April 30, 2015) and automatically renewing for participation in successive
three year-qualification periods; and
WHEREAS Oakland County distributes CDBG funds annually to participating communities based
on the CDBG program year and allocation formula (MR. #03239); and
WHEREAS Oakland County executes annual Subrecipient Agreements with each participating
community stipulating the administrative and compliance requirements associated with receiving federal
CDBG funds,
WHEREAS this Cooperation Agreement does not have any financial implications.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes the Cooperation Agreement with the City of Pontiac to participate in the Oakland County
Urban County CDBG Entitlement Program for the three-year qualification period beginning with program
year 2012 through 2014 (May 1, 2012 – April 30, 2015) and automatically renewing for participation in
successive three-year qualification periods until closure of the CDBG program or unless the County or
unit of general local government provides written notice it elects not to participate in the new qualification
period.
Chairperson, we move th adoption of the foregoing resolution.
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COOPERATIVE AGREEMENT
Oakland County "Urban County"
Community Development Block Grant Program
THIS AGREEMENT made and entered into this 30 h day of September, 2011 by and between the (City of
Pontiac), Michigan hereinafter referred to as the "Community", and the County of (Oakland), a Michigan
Constitutional Corporation, State of Michigan, hereinafter referred to as the "County":
WHEREAS, the Housing and Community Development Act of 1974 as amended provides an
entitlement of funds for Community Development purposes for urban counties; and
WHEREAS, Oakland County has been designated as an Urban County provided that it secures
Cooperation Agreements with various communities in Oakland County; and
WHEREAS, this agreement covers both the Community Development Block Grant Entitlement
Program and, where applicable, the HOME Investment Partnership program; and
NOW THEREFORE, the Community and County do hereby promise and agree:
THAT the Community may not apply for grants from appropriations under Small Cities or State CDBG
programs for fiscal years during the period in which it is participating in the urban county's CDBG program;
and
THAT the Community may not participate in a HOME consortium except through the urban county,
regardless of whether the urban county receives a HOME formula allocation; and,
THAT the County shall have final responsibility for selecting Community Development Block Grant (and
HOME, where applicable) activities and annually filing a Consolidated Plan with HUD;
THAT the County will, on behalf of the Community, execute essential Community Development and
Housing Assistance applications, plans, programs and projects eligible under the Housing and Development
Act of 1974 as amended; and
THAT the Community and the County will cooperate to undertake, or assist in undertaking, community
renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted
housing; and
THAT the Community and the County will take all actions necessary to assure compliance with the
County's certification required by Section —104(b) of Title I of the Housing and Community Development Act of
1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title
I of the Housing and Community Development Act of 1974, and other applicable laws; that the County is
prohibited from funding activities in or in support of any community that does not affirmatively further fair
housing within its own jurisdiction, or that impedes the County's action to comply with its fair housing
certification; and that funding by the County is contingent upon the Community's compliance with the above;
and
THAT the Community has adopted and is enforcing a policy prohibiting the use of excessive force by
law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights
demonstrations; and a policy of enforcing applicable State and local laws against physically barring entrance
to or exit from a facility or location which is the subject of such non-violent civil rights demonstration within its
jurisdiction; and
THAT the qualification period of this agreement as defined in the HUD regulations and guidelines shall
be Federal Fiscal Years 2012/2013/and 2014. and such additional period of time for the purpose of carrying
out activities funded by Community Development Block Grants from Federal Fiscals years 2012/2013/and
2014, appropriations and from any program income generated from the expenditure of such funds; further that
the period of time of this Agreement shall be automatically renewed in successive three-year qualification
periods, unless the County or the Community provides written notice it elects not to participate in a new
qualification period. A copy of this notice must he sent to the HUD State Office by the date specified in HUD's
urban county qualification notice for the next qualification period; further the County will notify the Community
in writing of its right to make such election by the date specified in HUD's urban county qualification notice;
and
THAT the Community resolves to remain in Oakland County's Urban County programs for an indefinite
period of time or until such time it its in the best interest of this Community to terminate the Cooperation
Agreement and such additional period of time for the purpose of carrying out activities funded by Community
Development Block Grants and from any program income generated from the expenditure of such funds.
Furthermore, that the period of time of this Agreement shall be automatically renewed in successive three-year
qualification periods, unless the County or the Community provides written notice it elects not to participate in
a new qualification period. A copy of this notice must be sent to the HUD State Office by the date specified in
HUD's Urban County Qualification Notice for the next qualification period; further the County will notify the
Community in writing of its right to make such election by the date specified in HUD's Urban County
Qualification Notice; and
THAT failure by either party to adopt an amendment to this Agreement incorporating all changes
necessary to meet the requirements for cooperation agreements set forth in the Urban County Qualification
Notice applicable for a subsequent three year urban county qualification period, and to submit the amendment
to HUD as provided in the Urban County Qualification Notice applicable for a subsequent three-year urban
county qualification period, and to submit the amendment to HUD as provided in the Urban County
Qualification Notice, will void the automatic renewal of such qualification period; and
THAT this Agreement remains in effect until the CDBG (and HOME where applicable) funds and
income received with respect to activities carried out during the three year qualification period (and any
successive qualification periods under this automatic renewal provision) are expended and the funded
activities completed, and that the County and Community may not terminate or withdraw from this agreement
while this agreement remains in effect; and
THAT the Community shall inform the County of any income generated by the expenditure of CDBG
funds received by the Community; and
THAT any such program income generated by the Community must be paid to the County, unless at
the County's discretion, the Community may retain the program income as set forth in 24 CPR 570.503; and
THAT any program income the Community is authorized by the County to retain may only be used for
eligible activities approved by the County in accordance with all CDBG requirements as may then apply; and
THAT the County has the responsibility for monitoring and reporting to HUD on the use of any such
program income, thereby requiring appropriate record keeping and reporting by the Community as may be
needed for this purpose; and
2
THAT in the event of close-out or change in status of the Community, any program income that is on
hand or received subsequent to the close-out or change in status shall be paid to the County; and
THAT the Community shall provide timely notification to the County of any modification or change in
the use of the real property from that planned at the time of acquisition or improvement including disposition;
and
THAT the Community shall reimburse the County in the amount equal to the current fair market value
(less any portion of the value attributable to expenditures of non-CDBG funds) of real property acquired or
improved with Community Development Block Grant funds that is sold or transferred for the use which does
not qualify under the CDBG regulations; and
THAT the Community shall return to the County program income generated from the disposition or
transfer of real property prior to or subsequent to the close-out, change of status or termination of the
cooperation agreement between the County and the Community; and
THAT the terms and provisions of this Agreement are fully authorized under State and local law, and
that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential
community development and housing assistance activities, specifically urban renewal and publicly assisted
housing; and
THAT pursuant to 24 CFR —570.501(b), the Community is subject to the same requirements applicable
to subrecipients, including the requirement for a written agreement set forth in 24 CFR 570.503.
IN WITNESS WHEREOF, the Community and the County have by resolutions authorized this
agreement to be executed by their respective officer's thereunto as of the day and year first above written.
COUNTY OF OAKLAND
CITY OF PONTIAC
Name: L. Brooks Patterson
Title: COUNTY EXECUTIVE
Signature & date:
Name: Michael I Gingell
Title: CHAIR, OAKLAND COUNTY BOARD OF COMMISSIONERS
Signature & date:
Name: Bill Bullard, Jr.
Title. COUNTY CLERK/REGISTER OF DEEDS
Signature & date:
Name: Louis Schimmel
Title: EMERGENCY MANAGER
Signature 8, date:
CERTIFICATION BY COUNTY CORPORATION COUNSEL
The undersigned, Corporation Counsel for the County ot Oakland, certifies that the terms and provisions of the
foregoing agreement are fully authorized under existing State and local law and that the agreement provides
full legal authority for the County to undertake or assist in undertaking essential community development and
housing assistance activities, specifically urban renewal and public assisted housing in cooperation with local
units of government.
Name: Judith K. Cunningham
Title: CORPORATION COUNSEL
Signature 8, date:
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U.S. Department of Housing and Urban Development
Detroit Field Office
Office of Community Planning and Development
Patrick V. McNamara Federal Building
477 Michigan Avenue, Room 1710
Detroit, MI 48226-2592
Tel. (313) 226-6280 FAX (313) 226-6689
October 4, 2011
Karry Ricth
County of Oakland
1200 North Telegraph Road
Pontiac, MI 48341-1043
Dear Ms. Rieth:
SUBJECT: Oakland County/ City of Pontiac Liability Issue
Effective May 1, 2012, the City of Pontiac will become the newest member jurisdiction
of the Oakland Urban County and relinquish the city's status as an entitlement community for
the purpose of the Community Development. Block Grant (CDBO) Program and the HOME
Investment Partnership (HOME) Program. The city will join for the FY2012, 2013 and 2014
years and will automatically renew this agreement unless the City provides written
documentation of their intent. to .withdraw their membership during the open qualification period -
in 2014. for the next three years. Oakland County has requested a letter from HUD stating that
Oakland County will not be held liable for the City of Pontiac's past actions in administering its
2011 and prior CDBG and HOME programs with respect to the County's actions in
incorporating the City's of Pontiac into the urban county cooperative.
The HUD Detroit Field Office hereby states that Oakland County will not be held liable
for any monitoring findings or audit findings levied against the City of Pontiac that were issued
from 2011 or prior years. We look forward to working with you during the year to accomplish
the goals the County has set forth. If you have any questions or desire assistance concerning this
letter or other items related to the community development programs, please contact me at (313)
226-7900, extension 8059.
Sincerely,
Keith E. Hernandez, AIC
Director,
Community Planning and Development
Resolution #11249 October 5, 2011
Moved by Potts supported by Middleton to suspend the rules and vote on Miscellaneous Resolution
#11249 — Department of Economic Development & Community Affairs — Community & Home
Improvement Division — Community Development Block Grant (CDBG) Cooperation Agreement with the
City of Pontiac.
Vote on motion to suspend the rules:
AYES: Gingell, Gosselin, Hatchett, Hoffman, Long, Matis, McGillivray, Middleton, Nash, Potts,
Quarles, Runestad, Scott, Weipert, Zack, Bosnic, Covey, Crawford, Dwyer, Gershenson. (20)
NAYS: Greimel, Jackson. (2)
A sufficient majority having voted in favor, the motion to suspend the rules and vote on Miscellaneous
Resolution #11249 — Department of Economic Development & Community Affairs — Community & Home
Improvement Division — Community Development Block Grant (CDBG) Cooperation Agreement with the
City of Pontiac carried.
Discussion followed.
Moved by Greimel supported by Hatchett the resolution be adopted.
Moved by Greimel supported by Hatchett the resolution be amended as follows:
Add another paragraph that states BE IT FURTHER RESOLVED that all COBG funds, HOME
funds, and other funds that are awarded to Oakland County's Urban County federal grant
program as a result of the City of Pontiac's participation in the program to the extent
authorized or permitted by law must be allocated to recipients and or projects in the City
of Pontiac.
A sufficient majority having voted in favor, the amendment carried.
Discussion followed.
Vote on resolution, as amended:
AYES: Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Nash, Potts, Quarles,
Runestad, Scott, Weipert, Zack, Bosnic, Covey, Crawford, Dwyer, Gershenson, Gingell,
Gosselin. (21)
NAYS: Greimel. (1)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
I HEREBY APPROVE THE WOW
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., 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 October 5,
2011, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 5 th day of October, 2011.
e 094.
Bill Bullard Jr., Oakland County