HomeMy WebLinkAboutResolutions - 2012.03.07 - 20012REPORT (misc. #12040) March 7, 2012
BY: Planning and Building Committee, John Scott, Chairperson
IN RE: MR #12040 — DEPARTMENT OF ECONOMIC DEVELOPMENT &
COMMUNITY AFFAIRS — COMMUNITY & HOME IMPROVEMENT DIVISION —
PROGRAM YEAR 2010 NEIGHBORHOOD STABILIZATION PROGRAM 3
(NSP3) JOINT AGREEMENT WITH THE CITY OF PONTIAC
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 resolution be
adopted.
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 cal! vote.
MISCELLANEOUS RESOLUTION 412040 February 16, 2012
BY: Commissioners Shelley G. Taub, District #16; Kathy Crawford, District #9; Mattie
McKinney Hatchett, District 410
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS
— COMMUNITY & HOME IMPROVEMENT DIVISION — PROGRAM YEAR 2010
NEIGHBORHOOD STABILIZATION PROGRAM 3 (NSP3) JOINT AGREEMENT
WITH THE CITY OF PONTIAC
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), the City of Pontiac and HUD
terminated Pontiac's PY 2010 Neighborhood Stabilization Program 3 (NSP3) grant agreement in
favor of a Joint Agreement with Oakland County whereby Oakland County will receive and
administer the City's NSP3 funds, a strategy designed to mitigate potential losses from grant
noncompliance and benefit Pontiac residents; and
WHEREAS HUD's recommendation in the fall of 2011 was to merge Pontiac's HUD
Metropolitan City program into the County's community-based program, and
WHEREAS after 5 months of proceeding under the original HUD-recommended
approach, HUD recommended an alternative approach not previously offered to enter into a Joint
Agreement that would allow Pontiac to retain its Metropolitan City status; and
WHEREAS the Joint Agreement would allow the City to retain additional funding from
HUD under the Metropolitan City status; and
WHEREAS NSP3 regulations allow for a Joint Agreement between a Metropolitan City
and an Urban County for the purposes of planning and implementing a joint neighborhood
stabilization and housing assistance program as part of the urban county NSP3 qualification
process; and
WHEREAS the qualification period of the Joint Agreement shall be Federal Fiscal Year
2010 and such additional period of time for the purpose of carrying out activities funded by
NSP3 from Federal Fiscal year 2010 appropriations and from any program income generated
from the expenditure of such funds in accordance with NSP3 regulations; and
WHEREAS the Joint Agreement requires Oakland County to expend Pontiac's NSP3
funds to benefit Pontiac residents and allows the county to follow an NSP3 allocation
methodology of earmarking 10% of NSP3 funds for county administration, 25% of funds for the
county to administer a City Homebuyer Assistance and Rehabilitation program and 65% for City
directed NSP3 activities; and
WHEREAS Oakland County executes annual Subrecipient Agreements with participating
communities stipulating the administrative and compliance requirements .associated with
receiving federal NSP3 funds.
NOW THEREFORE BE IT 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 NSP3 Program as a Metropolitan City for Federal Fiscal Year
2010 and such additional period of time for the purpose of carrying out activities funded by
NSP3 from Federal Fiscal Year 2010 appropriations and from any program income generated
from the expenditure of such funds.
Commissioner ShNley G. Taub
Distri446-
CommissioneVathy Cra
District #9,--
BE n FURTHER RESOLVED that all NSP3 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 must to the extent authorized or permitted by law be allocated to recipients and/or
projects in the City of Pontiac.
Chairperson, we move the adoption of the fiaregqing.resQlutio .
Conimissioner Mattie/McKinney,nalchett
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JOINT AGREEMENT
BETWEEN The City of Pontiac and Oakland County, Michigan
Neighborhood Stabilization Program (NSP) - 3
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 received a formula allocation from the US Department of
Housing and Urban Development (HUD) as an Urban County; and
WHEREAS, the Notice of Formula Allocations and Program Requirements for
Neighborhood Stabilization Program Formula Grants (NSP-3 Notice), published October 19,
2010 allows for a Joint Agreement between a Metropolitan City & an Urban County; and
WHEREAS, the City of Pontiac received a formula allocation from HUD as a
Metropolitan City; and
WHEREAS, the City of Pontiac and the County of Oakland wish for the City to be
included as part of the Oakland County Urban County for NSP-3 for the purposes of planning
and implementing a joint Neighborhood Stabilization and housing assistance program; and
WHEREAS, 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
NSP-3 for Program Year 2010; and
THAT the City may not apply for grants from the State NSP-3 program during the
period in which it is a participant in the Urban County's joint NSP-3 program; and
THAT the County shall have final responsibility for selecting NSP-3 activities and for
completing and submitting a substantial amendment to the FY2010 Annual Action Plan with
HUD in accordance with the NSP-3 Notice; and
THAT the County will execute essential Community Development and Housing
Assistance applications, plans, programs and projects eligible under the Housing and Economic
Recovery Act of 2008, the Dodd-Frank Wall Street Reform and Consumer Protection Act, and
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 all funds received by the County pursuant to this agreement shall be identified and
allocated to the specific projects or activities set out in the application, and such allocated
amounts shall be expended exclusively for such projects or activities, provided, however, that a
different distribution may be made when required by HUD to comply with applicable laws; and
THAT the County shall make available to the City an amount of NSP-3 funds equal to
that which the City would have been entitled to had it applied separately as a "metropolitan city"
for NSP-3; and
THAT the City 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 VT 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; and
THAT the County is prohibited from funding activities in or in support of the City if the
City does not affirmatively further fair housing within its own jurisdiction, or impedes the
County's action to comply with the County's 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 Year 2010 and such additional period of time for the purpose
of carrying out activities funded by the Neighborhood Stabilization Program-3 from Federal
Fiscal year 2010 appropriations and from any program income generated from the expenditure of
such funds; and
THAT this Agreement remains in effect until the NSP-3 funds and program income
received with respect to activities carried out during the three year qualification period 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
THAT the City shall inform the County of any income generated by the expenditure of
NSP-3 funds received by the City; and
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 CFR
2
570.503 and used for eligible activities approved by the County in accordance with all NSP
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
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-NSP-3 funds) of real
property acquired or improved with NSP-3 funds that is sold or transferred for the use which
does not qualify under the NSP-3 requirements; 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 neighborhood stabilization, 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 CLERK/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. CUNNINGHAM
Title: CORPORATION COUNSEL
Signature & date:
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Resolution #12040 February 16, 2012
The Chairperson referred the resolution to the Planning and Building Committee. There were no
objections.
Resolution #12040 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, Gingen, 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).
I HEREBY APPROVE THE F elING RESOLUTION
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.
eu_12A,1
Bill Bullard Jr., Oakland County