HomeMy WebLinkAboutResolutions - 2012.03.07 - 20011REPORT (misC . #12039)
BY: Planning and Building Committee, John Scott, Chairperson
II.-__L- 7nri4 IVIdULI I ,GU I L.
IN RE: MR #12039 — DEPARTMENT OF ECONOMIC DEVELOPMENT &
COMMUNITY AFFAIRS — COMMUNITY & HOME IMPROVEMENT DIVISION —
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) RESCISION OF THE
COOPERATIVE AGREEMENT WITH THE CITY OF PONTIAC IN FAVOR OF
A JOINT AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the above-titled
resolution on February 28, 2012, reports with a recommendation that the title of the
resolution be amended, as follows:
MR #12039 — Department of Economic Development & Community Affairs —
Community & Home Improvement Division — Community Development Block Grant
(CDBG) Rescission of the Cooperative Agreement with the City of Pontiac in Favor of a
Joint Agreement.
Chairperson, on behalf of the Planning and Building Committee, I move
acceptance of the foregoing report.
PLANNING AND BUILDING COMMITTEE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
MISCELLANEOUS RESOLUTION #12039 February 16, 2012
BY: Commissioners Shelley G. Taub, District #16; Kathy Crawford, District 49; Mattie
McKinney Hatchett, District 1410
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS
— COMMUNITY & HOME IMPROVEMENT DIVISION — COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) RESCISION OF THE COOPERATIVE
AGREEMENT WITH THE CITY OF PONTIAC IN FAVOR OF A JOINT
AGREEMENT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS due to the City of Pontiac's long history of noncompliance with federal
housing and community development grant regulations and strong likelihood of federal grant
sanctions including funding recapture and at the strong recommendation of the Detroit Office of
the U.S. Department of Housing and Urban Development (HUD) and at Pontiac's request, the
County adopted Miscellaneous Resolution #11249 authorizing a Cooperative Agreement with
the City of Pontiac that met impending federal deadlines for participating in the Oakland County
Urban County CDBG Program for the three-year qualification period of program years 2012
through 2014; and
WHEREAS subsequent to the fall recommended action by HUD to merge Pontiae's
Metropolitan City program with the County's community-based program and Pontiac's ongoing
request to HUD for technical assistance to help mitigate losses in grant revenues to benefit
Pontiac residents, HUD presented a second, new option not previously recommended by HUD in
winter of 2012 to the City and County that would allow HUD to maximize CDBG funding for
the City under Oakland Urban County administration; and
WHEREAS the Cooperative Agreement enfolds all participating communities into one
collective urban county for which the U.S. Department of Housing and Urban Development
(HUD) allocates CDBG funding based on one of two formulas that generates the most funds for
the urban county whole; and
WHEREAS HUD applies formula "A" to the Oakland County Urban County including
Pontiac under the Cooperative Agreement; and
WHEREAS 1-IUD has provided an alternative Joint Agreement option for Metropolitan
Cities that receive CDBG funds directly from HUD to join an urban county for administrative
purposes; and
WHEREAS a Joint Agreement allows HUD to allocate funding to Oakland County on
the City's behalf independent of the urban county whole using formula "B" to generate a higher
level of funding for the City for PY 2012 through PY 2014 ; and
WHEREAS Pontiac relinquished its status as a Metropolitan City to join the Oakland
County Urban County CDBG Entitlement Program under the Cooperative Agreement; and
WHEREAS Pontiac has requested to restore its Metropolitan City status with HUD in
order to participate in the Urban County CDBG program through a Joint Agreement; and
WHEREAS for Oakland County and the City of Pontiac to enter into a Joint Agreement,
the County and City must mutually terminate the Cooperative Agreement for convenience; and
WHEREAS Oakland County distributes CDBG funds annually to participating
communities based on the CDBG program year and allocation formula (MR. #03239); and
WHEREAS the Joint Agreement allows Oakland County to apply the county approved
CDBG allocation methodology of earmarking 20% of Pontiac CDBG funds for county
Commissioner S
Distrik 416
ley G. Taub
Cornmissio* Kathy Cr
District 49-
administration, one-third for the county to administer a City home improvement program and
two-thirds for City directed CDBG activities; and
WHEREAS Oakland County executes annual Subrecipient Agreements with each
participating community stipulating the administrative and compliance requirements associated
with receiving federal CDBG funds.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners rescinds MR 411249 the Cooperative 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).
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners
authorizes the Joint Agreement with the City of Pontiac to participate in the Oakland County
Urban County CDBG Entitlement Program as a Metropolitan City 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 City provides written notice it elects
not to participate in the new qualification period.
BE IT FURTHER RESOLVED that if an automatic renewal is void because of failure to
adopt any required amendments to meet changes in the Urban County Qualification Notice, the
Joint Agreement will terminate.
Chairperson, we move the adoption of the foregoing resolution.i
Commissioner Mattie McKin
District 410
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JOINT AGREEMENT
BETWEEN The City of Pontiac and Oakland County, Michigan
Community Development Block Grant (CDBG) Program
THIS AGREEMENT made and entered into this day of , 20 by
and between the City of Pontiac, a Michigan Municipal Corporation, hereinafter referred to as
the "City ", and the County of Oakland, a Michigan Constitutional Corporation, State of
Michigan, hereinafter referred to as the "County":
WHEREAS, Oakland County receives a formula allocation from the US Department of
Housing and Urban Development (MD) as an Urban County; and
WHEREAS, CPD Notice 11-02 (VIII) (A), Issued April 28, 2011 allows for a Joint
Agreement between a Metropolitan City & an Urban County; and
WHEREAS, the City of Pontiac wishes to remain a Metropolitan City in order to receive
CDBG and HOME allocations,
WHEREAS, the City of Pontiac and the County of Oakland be included as part of the
Urban County for the CDBG program for the purposes of planning and implementing a joint
community development and housing assistance program; and
WI IEREAS, the City and the County desire to continue to provide services to the citizens
of the City of Pontiac;
NOW THEREFORE, the City and County do hereby agree and certify;
THAT the City of Pontiac and the County of Oakland enter into this joint agreement for
the CDBG Program for Program Years 2012 through 2014; and
THAT the City may not apply for grants from the State CDBG program during the period
in which it is a participant in the Urban County's joint CDBG program; and
THAT the County shall have final responsibility for selecting CDBG activities and for
completing and submitting an Annual Action Plan with HUD; and
TIIAT the County will 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 City and the County will cooperate to undertake, or assist in undertaking,
community renewal and lower-income housing assistance activities.; and
THAT the City and the County will take all actions necessary to assure compliance with
the County's certification required by Section -404(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 1 of the Rousing and Community Development Act of
1974, and other applicable laws; and
1TIAT the County is prohibited from funding activities in or in support of the City if it
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 City's compliance with the above; and
THAT the County and the City have adopted and are 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 City provides written notice it elects not to participate in a new qualification period.
Further the County will notify the City in writing of its right to make such election by the dale
specified in HUD's Urban County Qualification Notice; and
THAT each party will adopt any amendment to this Agreement incorporating all changes
necessary to meet the requirements for joint 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; and
THAT failure by either party to adopt an amendment to this Agreement incorporating all
changes necessary to meet the requirements for joint 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, will void the automatic
renewal of such qualification period; and
THAT this Agreement remains in effect until the CDBG funds and program 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 City may not terminate or withdraw from
this agreement while this agreement remains in effect; and
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THAT the City shall inform the County of any income generated by the expenditure of
CDBG funds received by the City; arid
THAT any such program income generated by the City must be paid to the County,
unless at the County's discretion, the City may retain the program income as set forth in 24 CPR
570.503 and 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 I IUD on the use
of any such program income, thereby requiring appropriate record keeping and reporting by the
City as may be needed for this purpose; and
THAT in the event of close-out or change in status of the City, 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 City 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 City 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 CDBO funds that is sold or transferred for the use which
does not qualify under the CDBG regulations; and
THAT the City 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 City; 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 City is subject to the same requirements
applicable to subrecipients, including the requirement for a written agreement set forth in 24
CFR §570.503.
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IN WITNESS WHEREOF, the City 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: Name: L. BROOKS PATTERSON
Title: COUNTY EXECUTIVE
Signature & date:
Name: MICHAEL J. GINGELL
Title: CHAIR, OAKLAND COUNTY BOARD OF
COMMISSIONERS
Signature & date:
Name: BILL BULLARD, JR.
Title: COUNTY CLERIC/REGISTER OF DEEDS
Signature & date:
CITY OF PONTIAC: Name: LOUIS H. SCHIMMEL
Title: EMERGENCY MANAGER
Signature & date:
CERTIFICATION BY COUNTY CORPORATION COUNSEL
The undersigned, Corporation Counsel for the County of 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. CUNNINGIIAM
Title: CORPORATION COUNSEL
Signature & date:
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Resolution #12039 February 16, 2012
The Chairperson referred the resolution to the Planning and Building Committee. There were no
objections.
I IIEL-LFY APPROVE T GOING RESOLUTION
Resolution #12039 March 7, 2012
Moved by Taub supported by Gershenson the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Covey, Crawford, Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson,
Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub,
Weipert, Woodward, Zack, Bosnic. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
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 March 7,
2012, 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 7th day of March, 2012.
et,dla_A_,,1 094.
Bill Bullard Jr., Oakland County