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HomeMy WebLinkAboutResolutions - 2012.08.01 - 20461August 1, 2012 REPORT (MISC. #12199) BY: Human Resources Committee, John A. Scott, Chairperson RE: Department of Economic Development & Community Affairs — Community & Home Improvement Division — 2012 Annual Action Plan and Consolidated Grant Acceptance for Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME) and Emergency Shelter/Emergency Solutions Grant (ESG) Programs TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Human Resources Committee having reviewed the above referenced resolution on July 25, 2012 Reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Human Resources Committee, I move the acceptance of the foregoing Report. HUMAN RESOURCES COMMITTEE HUMAN RESOURCES COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Nuccio, Hatchett and Covey absent. MISCELLANEOUS RESOLUTION # 1 2 19 9 August 1,2012 BY PLANNING AND BUILDING COMMITTEE, DAVID W. POTTS, CHAIRPERSON IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - COMMUNITY & HOME IMPROVEMENT DIVISION - 2012 ANNUAL ACTION PLAN AND CONSOLIDATED GRANT ACCEPTANCE FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) AND EMERGENCY SHELTER/EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners authorized submittal of the Oakland County 2012 Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD); and WHEREAS the 2012 Annual Action Plan contains a consolidated Federal grant application for activities designed to accomplish the goals and objectives for the Community Development Block Grant (CDBG) Program, HOME Investment Partnerships (HOME) Program and the Emergency Shelter/Emergency Solutions Grants (ESG) Program; and WHEREAS HUD by letter dated June 28, 2012 transmitted to the Community & Home Improvement Division a Program Year 2012 consolidated allocation of S6,350,320 including $4,950,191 for CDBG, $1,096,668 for HOME and $303,461 for ESG, for the period of May I, 2012 through April 30, 2013; and WHEREAS this is the 38th year of grant funding and acceptance for these programs; and WHEREAS total program revenue for the 2012 CDBG Program will be S5,450,191including $4,950,191 grant allocation and $500,000 in estimated CDBG Revolving Loan Funds; and WHEREAS total program revenue for the 2012 HOME Program will be $1,593,419 including $1,096,668 HOME grant allocation, $246,751 grant match and $250,000 in estimated HOME Program Income; and WHEREAS funding for the HOME program match is appropriated in the Oakland County 2012 Adopted Budget; WHEREAS total program revenue for the 2012 ESG Program will be the grant allocation of $303,461; and WHEREAS the CDBG and ESG grants are 100 percent federally funded and no County funds are required; and WHEREAS fund schedules and program descriptions for the 2012 CDBG, HOME and ESG programs appear in attachment A; and WHEREAS the grant currently funds 22 Special Revenue (SR) positions in the Economic Development & Community Affairs/Community & Home Improvement Division (1090611) including 17.25% of one (I) Corn & Home Imp Specialist (410998, GF/GP BOC 82.75% Sunset 9/30/13); and 40% of one (1) GF/GP Environmental Prog Coord position (1090207-09809) in Planning & Economic Development Division for an Emergency Shelter/Emergency Solutions Grant (ESG) Coordinator; and 50% of one (1) GE/GP Accountant III position (1020615-02558) in the Management & Budget/Fiscal Services Division for grant accounting services; and WHEREAS the grant funds will cover the following positions in the Community & Improvement Division listed below as follows: 1 Corn & Home Improvement Asst. - 05413 I Grant Compliance & Program Coord -01370 4 Com & Home Improvement Coord - 01279/03231/03430/06098 I Supv - Corn & Home Impr Admin Serv - 01371 2 Corn & Home Improvement Tech - 03230/01768 2 Supv - Corn & Home Imp -- 00999/03182 2 Corn & Home Imp Specialist - 03567/10806 I Housing Counselor Homeless Sv Supv -03354 2 Corn & Home Imp Field Tech - 01457/09578 I Student - 05341 1 Senior Coin & Home Imp Spec - 00730 1 Chief- Corn & Home Imp - 01708 2 Sr Corn & Home Imp Field Tech - 02426/09522 I Manager - Coin & Home Imp - 00993 WHEREAS the CDBG, HOME and ESG grant agreements have been reviewed by County Executive Departments through the County grant review process (MR. #01320); and WHEREAS acceptance of these grants does not obligate Oakland County to any future commitment; and WHEREAS program budget amendments for 2012 CDBG Home Improvement Program Revolving Loan Fund and HOME Program Income actual amounts will be requested by resolution in 2013 after compilation of additional information and fiscal year closing; and WHEREAS the 2011 Annual Action Plan and Consolidated Grant Acceptance for CDBG, HOME and ESG (MR. #07164) estimated Home Improvement Program Revolving Loan Fund revenue of $600,000 and Home Investment Partnership Act program income revenue of $250,000; and PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Nuccio absent. and WHEREAS actual program year 2011 program income revenues from the Home Improvement Revolving Loan Fund totaled $508,426.04 and the HOME Program totaled $410,502.21. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners accepts consolidated CDBG, HOME and ESG grant funding from the U.S. Department of Housing and Urban Development in the amount of $6,350,320, $500,000 in estimated Home Improvement Revolving Loan Funds, $250,000 in estimated HOME Program Income and HOME County match of $246,751 for a consolidated 2012 program year grant package totaling $7,347,071. BE IT FURTHER RESOLVED that the 2011 Annual Action Plan and Consolidated Grant Acceptance be amended to reflect actual revenues generated through the CDBG Home Improvement Revolving Loan Fund totaling $508,426.04 and Home Investment Partnership Act totaling $410,502.21 during the program year period of May 1, 2011 through April 30, 2012. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners approves the Emergency Shelter/Emergency Solutions Grant subject to the clarifications provided by HUD in the letter from Jeannette Harris, Director, Community Planning and Development, Detroit Field Office, U.S. Department of Housing and Urban Development dated March 20, 2007 that Oakland County's obligations under the grant for discharge policies and participation in the HMIS System is to make these requirements for ESG funded entities. The letter from Ms. Harris is attached and incorporated into this Agreement; and BE IT FURTHER RESOLVED that the future level of service, including personnel, will be contingent upon the level of Federal funding available for these programs; and BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes both the Board of Commissioners Chairperson and the County Executive to execute the grant agreements and to approve amendments and extensions up to fifteen (15) percent variance from the award, consistent with the agreement as originally approved. Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing resolution. PLANNING AND BUILDING COMMITTEE GRANT REVIEW SIGN OFF — Community & Home Improvement Division GRANT NAME: 2012 - Consolidated Grant Acceptance for Community Development Block Grant (CDBG), HOME Investment Partnership Grant (HOME) and Emergency Shelter/Solutions Grants (ESG) FUNDING AGENCY: U.S. Department of Housing and Urban Development DEPARTMENT CONTACT PERSON: Karry L. Rieth (248) 858-5403 STATUS: Grant Acceptance DATE: July 11, 2012 Pursuant to Misc. Resolution #/01320, please be advised the captioned grant materials have completed internal grant review. Below are the returned comments. The captioned grmt materials and grant acceptance package (which should include the Board of Commissioners' Liaison Committee Resolution, the grant agreement/contract, Finance Committee Fiscal Note, and this Sign Off email containing grant review comments) may be requested to be placed on the appropriate Board of Commissioners'. committee(s) for grant acceptance by Board resolution. DEPARTMENT REVIEW Department of Management and Budget: Approved. — Laurie Van Pelt (7/3/2012) Department of Human Resources: Approved. — Karen Jones (7/3/2012) Risk Management and Safety: Approved by Risk Management. — Andrea Plotkowski (7/9/2012) Corporation Counsel: There are no outstanding legal issues concerning the above grant. — Joellen Shortley Blaszczak (7/10/2012) COMPLIANCE The grant agreement references a number of federal and/or state regulations. Please review the grant agreement for specific federal and state compliance regulations related to this grant. The Honorable L. Brooks Patterson County Executive County of Oakland 1200 North Telegraph Road Pontiac, MI 48341-1043 U.S. Department of Housing and Urban Development Detroit Field Office Office of Community Pianninc and Development Patrick V. McNamara Federal Building 477 Michigan Avenue, Room 1710 Detroit, Ml 48226-2592 Tel. (313) 226-6280 FAX (313) JUN 2 N2C12 SUBJECT: County of Oakland 2012 Annual Action Plan Approval Letter • Community Development Block Grant (CD BC) B-12-11C-26-0002 HOME Investment Partnerships (HOME) M-12-UC-26-0210 • Emergency Solutions Grant (ESG) E-12-UC-26-0004 • Emergency Solutions Grant (ESG) E-11-UC-26-0002 Dear Mr. Patterson: We are pleased to approve your Fiscal Year 2012 Annual Action Plan for your program beginning May 1, 2012. The grant assistance that is being approved with the Plan is as follows: CDBG Program: $4,950,191.00 HOME Program: 1,096,668.00 ES G Program: 303,461.00 ESG Prouam: 96,017.00 (second PY2011 allocation) • The total allocation for your community is: $6,446,337 We would like to commend the County on your successful completion of the Action Plan. We believe the goals and objectives developed through this process provide a solid foundation for establishing and maintaining partnerships between all levels of government and the private sectors, including those with for-profit and not-for-profit organizations. These partnerships are invaluable as you and your partners address the problems of affordable housing, homelessness, and economic opportunities for all citizens, particularly for very low-income and low-income persons. Enclosed are three copies of the required Grant Agreements and Funding Approvals. This constitutes the contract between the Department of Housing and Urban Development and the County of Oakland. You should note any special conditions listed in the Funding Approvals. Please return two executed copies of each grant to the Detroit Field Office's Department of Community: Planning and Development and retain the remaining copies for your records. Please return the executed grant agreements to: Mr. Keith E. Hernandez, AICP Director, Office of Community Planning & Development U.S. Department of Housing & Urban Development 477 Michigan Avenue, 17 1h Floor Detroit, MI 48226-2592 www.huti.gov Sincere4,.// "ernandez, AICP Direct 6r, Community Planpifia- \ind Development HUD Detroit Field OffW We look forward to working with you throughout your program year as you strive toward accomplishing your program goals. If you have any questions or desire assistance concerning this lettn- or other items related to your federal community development programs, please contact Cheryl Y. Mathis, Community Planning and Development Representative, at (313) 226-7900 ext. 8060. Enclosures Pc: Karry Reith, County Manager Sc. Project/Grant No. 3 Sc. Amount Approved HUD Accounting use Only Batch TAO Program Y A Reg Area Document No, Projeft Number Category Amount Effective Date (mmIddlyyyy) Entered By Venfied 5y Transaction Code Project Number Protect Number Date Entered PAS (rrirryddlyyvy f Date Entered LOCOS (trrnlOdiyyyy) f Batch Number I Amount Amount 1E1 ri I Funding Approval/Agreement Title 1 orthe Housing and Community Developrners,t Act (Public Law 930333) HI-005 -15R of 20515R 1, Name of Grantee (as shown in nem 5 of Standard Form 424) County of Oakland 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 1200 N. Telegraph Road Pontiac, MI 48341-1043 U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program 3. Grantee's 9-digit Tax ID Number 38-6004876 5a. Project/Grant No. 1 B-12-UC-26-0002 5b. ProjectiGrant No. 2 4. Dole Use Of funds may begin 1:rnmIddiyyyy) 711/2012 6a. Amount Approved $4,950,191 6b. Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title 1 of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for 'Title I assistance, the HUD regulations at.24 CFR Part 570 (as now in effect and as may he amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement, Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities so which such costs arc related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid With funding assistance specified here unless they are authorized in HUD regulations or approved by waiver rind listed in thc special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-recipient entities to which it makes funding assistance hereunder available, U.S. Department of Housing and Urban Development (By Name) Keith E. Hernandez, AICP Title ' Title Director, 0 c if Community Planning and Development SIgnature Date (ma ' dlyyyy) ,- Signaturu Date (mrnidd)yvyy) 7. Category off I hsistance to is sdtng Action 8. Srpecial Condfticas 9a. Date HUD Received Submission I 10. cheek one (check only one) (check one) (miniddlyyyy) 03/09/2012 [E a. Orig. Funding E. a. Entitlement Sec 105 si None 9b, Date Grantee Notified Approval 0 b. tate-Administered, Sec 106(d)(1) Ei Attached (nrntddtyyyy) 5/3/2012 D b. Amendment 0 G. HUD-Administered Small Cities, Sec 106(d)(2)(B) 9c. Date of Start of Program Year Amendment Number 0 d. Indian CDBG Programs, Sec 106(a)(1) (mmIdd/yyyy) 5/1/2012 Ei e. Surplus Urban Renewal Funds, Sec 112(b) 11. Amount of Community Development 0 f. Special Purpose Grants, Sec 107 Block Grant ly (2012) FY FY El g, Loan Guarantee, Sec 108 a. Funds Reserved fortis Grantee 4950191 b. Funds now being Approved 4950191 c. Reservation in be Cancelled (Ila minus11b) 12a. Amount of Loan Guarantee Commitment now being Approved 12b. Name and complete Address of Public Agency Lou Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive 12c. Name of Authorized Official for Designated Public Agency loan guarantee assistance. and agrees to comply with ths terms and conditions of she Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the Title assistance provided it. Signature Grantee Name 24 CFR 570 form HUD-7082 (4/93) 1. Participant Name and Address Oakland Count 2. Participant Number M-I2-DC-26-0210 3 Date A',e5/ 16. Date / / OMB Approval No. 2506-0171 (Exp. 12131/2012) U.S. Department of Housing and Urban Development Office of Community Planning and Development Funding Approval and HOME Investment Partnerships Agreement Title II of the National Affordable Housing Act Public reporting burden for this collection of information is estimated tc average I hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties, on the owners or tenants of the Properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants in managing their programs; 2) to track performance of participants in meeting fund commitment and expenditure deadlines; 3) to permit HOD to determine whether each participant meets the HOME statutory income targeting and affordability requirements; and 4) to permit HUD to determine compliance with other statutory and regulatory program requirements, This data collection is authorized under Title 11 of the Cranston-Gonzalez National Affordable Housing Act or related authorities. Access to Federal grant funds is contingent on the reporting of certain project-specific data elements. Records of information collected will be maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public information and is generally available for disclosure. Recipients are responsible for ensuring confidentiality when public disclosure is not required. 3. Tax Identification Number 4. DUNS Number 1200 N. Telearapff Road. 38-6004876 13-620-0362 4. Appropriation Number 5- FY (1')/YY) Pontiac, MI 48341-1043 861130205 2012 6. Previous Obligation (Enter '0" for initial FY allocation) $0.00 a. Formula Funds ,- b. Community Housing Development Org. (OH DO) Competitive 7. Current Transaction (+ or -) $1,096,668 .,. _...... - —.._.,_- ....---, a. Formula Funds $1,096,668 1. CHDO (For deobligations only) $ .,,,... — ---... 2. Non- CHDO (For deobligations only) - 4 . . . . b. CHDO Competitive Reallocation or Deobligation (see #18 below) 8. Revised Obligation a. Formula Funds — _— b. CHDO Competitive Reallocation $ — 9 Special Conditions (check applicable box) 10. Date of Obligation (Congressional Release Date) • Not appiicabie Attached (mm/dcltyyyy) 06/04 2012 This Agreement between the Department of Housing and Urban Development (HUD) and the Participating Jurisdiction/Entity is made pursuant to the authority of the HOME Investment Partnerships Act (42 U.S.C. 12701 et seq.). The Participating Jurisdiction's /Entity's approved Consolidated Plan submission/Application and the HUD regulations at 24 CFR Part 92 (as is now in effect and as may be amended from time to time) and this HOME Investment Partnership Agreement, form HUD-40093, including any special conditions*, constitute parr of this Agreement. Subject to the provisions of this Agreement, HUD will make the funds for the Fiscal Year specified, available to the Participating Jurisdiction/Entity upon execution of this Agreement by the parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Participating Jurisdiction's execution of the amendment or other consent. HUD's payment of funds under this Agreement is subject to the Participating Jurisdiction's/Entity's compliance with HUD's electronic funds transfer and information reporting procedures issued pursuant to 24 CFR 92502_ To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by Its execution of an amendment, deobligate funds previously awarded to the Participating Jurisdiction/Entity without the Participating Jurisdiction's/Entity's execution of the amendment or other consent. The Participating Jurisdiction/Entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable housing. Repayment shall be made as specified in 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility for environmental review, decision making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58. The Grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR pan 170). 11. For the U.S. Department of HUD (Name and Title of Authcrize-d Official) Keith E. Hernandez, AICP, Director, Office of Community Planning &Development 14. For the Participating Jurisdiction/Entity (Name and Title of Authorized Official) 17. Check one: El initial Agreement rj Amendment 4 13. Funding information: HC..)ME Source or Furies Abcropriation Code PAS Code Amount FY 2012 HOME 861/30203 HMC $1,096,666 *Special Conditions HOME funds used for projects not completed within 4 years of the commitment date, as determined by a signature of each party to the agreement shall be repaid, except that the Secretary may extend the deadline for 1 year if the Secretary determines that the failure to complete the project is beyond the control of the participating jurisdiction_ No HOME funds may be committed to any project unless each participating jurisdiction certifies that it has conducted an underwriting review, assessed developer capacity and fiscal soundness, and examined neighborhood market conditions to ensure adequate need for each project. Any homeownership units funded with HOME funds which cannot be sold to an eligible homeowner within 6 months of project completion shall be rented to an eligible tenant. No HOME funds may be awarded for development activities to a community housing development organization that cannot demonstrate that it has staff with demonstrated development experience. Paoe 2 of 2 form HUD-40093 (05/2012) °Grarc4 Agreement Subtitle B of Title IV of the McKinney-Vent° Homeless Assistance Act, 42 USC 11371 et seq. Grant Number: E-12-UC-26-0004 U.S. Depat iwent of Housing and Urban Development Office of Community Planning and Development Emergency Shelter Grants/ Emergency Solutions Grants Program 1. Name of Grantee (as shown InTtem 5 of Standard Form 424) 2, Grantee's 9-digit Tax :0 Number COUNTY OF OAKLAND 38-6004876 3.. Grantee's DUN'S Number: 13-620-0362 4. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 1200 N. TELEGRAPH ROAD; PONTIAC, MI 48341-1043 I Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Subtitle B of Title IV of the McKinney-Vent° Homeless Assistance Act (42 U.S.C. 11371 at seq.). The Grantee's ubmissions under 24 CFR Part 91 that pertain to this Grant, the HUD regulations at 24 CFR Part 576 (as now in effect and as may be amended from i e to time), and any special conditions attached to this Grant Agreement constitute part of this Grant Agreement. Subject to the provisions of this rant Agreement, HUD will make the Grant available to the Grantee upon execution of the Grant Agreement by the Grantee and HUE). The Grant may be used to pay costs incurred after the date specified in item 8 below, provided the activities to which the costs are related are carried out in ompi lance with all applicable requirements. The Grantee agrees to assume all of the responsibilides for environmental review, decision making, and 'Actions, as required under the HUD regulations at 24 CFR Part 576. The grantee agrees to follow the HUD standards for participation, data; and reporting nder a local Homeless Management information System, The Grantee shall also comply with the Office of Management and Budget requirements for niversal Identifier and Central Contractor Registration and Reporting Sub-award and Executive Compensation information at 2 CFR Part 25, pperidix A to Part 25—Award Term, and 2 CFR Part 170, Appendix A to Part 170—Award Term. r i 5. Special Conditions (check one): None D Attached 6a. Data HUD Received Grantee's Annual Submission under 24 CFR Part 9j 6b, Date Grantee Nutted; 7. Date of Start of Grantee's Program Year 5. Date Use of Funds May Begin (the later of the date in 5a and the date in?) 5/01/2012 5/01/2012 1 i 9. Funding Approval (check one): 111 Original El Amendment • I 10. Amount of Emergency Shelter Grant/Emergency Solutions Grant $303,461 10a. Funas Reserved forthis Grantee $ ob. Funds Now Being Approved $303,461 10c. Reservation to be Cancelled (10a minus 10b) 11. Name and Cornpiete Address of Department Designated to Administer the Grant Oakland County Community & Home Improvement, 250 Elizabeth Lake Road, Pontiac, MI 48341-0414 11 a. Name of Authorized Official . Karry Reith County Manager Thic. Signature lid. Date (mmiddiyyyy) li e. Phone Number 11f. Fax Number 11g. E-mail Address lai . a 9 • _1248/ 452-9172 reithco Oakland . mi. us .. II 6 A . 12. U.S. Department of Housing and Urban Deveopment 13. Grantee Name Detroit Field Office 1 2a Name of I . N f Athid Official 13a. Name of Authorized Otcial Keith E. Hernandez, AICP Hon. L. Brooks Patterson 12.O. Title 13e. Title Director, C mmunity Planning : Development County Executive 2.e. Signet ICc, Signature 12.d P 13a, Date (mm/ddiyyyy) F. U.S. Department of Housing and Urban Development * 1.")& 1110111 \ SPECIAL CONTRACT CONDITION'S - FISCAL YEAR 2012 Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.0.) 12372, Intergovernmental Review of Federal Programs, and 1-IUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E. 0. 12372 and implementing regulations. www.hud.gov 2012 ANNUAL PLAN ADVICE & GUIDANCE Reporting Requirements for Fiscal Year 2012 Grants The Consolidated Annual Performance and Evaluation Reports (CAPER) which includes CD.BG and HOME, for the 2011 Program Year are to be submitted to this Office no later than July 31, 2012. Environmental Review Procedures Certain activities included in the Consolidated Annual Plan are subject to the provisions of 24 CFR Part 58 (Environmental Review Procedures for the CDBG Program). Funds for all non- exempt activities must not be obligated or expended unless the release of funds has been approved in writing by HUD. A request for the release of funds must be accompanied by an environmental certification. Integrated Disbursement Information System (IDIS) Only if there is a need to create other local administrators, change IDIS identification numbers or change the names of users, you must complete the IDIS ACCESS Request Form with original signatures, notarized and return to this office with the Grant Agreements. All active users can have authorization added or deleted by the Local Administrators under the Utilities Menu (F3) if required, as explained by the IDIS Reference Manual. Also, if there is a need to establish or change the depository account to which grant funds are to be wired, a Direct Deposit Sign-Up Form (SF-1199A) must be completed by both the grantee and the financial institution and mailed to our office to the attention of Mr. Keith E. Hernandez, CPD Director, !„'>, t:Ur;‘,11p 0 •rivti•-----.:6.•,_,`Th'vtiv.F.4\1_,, • - .S. Ho:sim:r; an ci riran 11 Deiroa Pe16 Offiee Othoe. of CommunTi RarmMg and D.,...".clopment 1,4,-;N21,-;,57,, Feds;-2!Buildin2 477 Vilehican ;,-wonuo.. Room 1710 Detroit, VI 072 Tel. (2,13'; '2:16-7900 PP)/ March 20, 2007 Ms. Korn,/ 11112th Ooklath Cour.lt-V Corm/a-unity 2n.c1 7, C',D1/101nic Devalop.mesit Oakland. Pnint Suite' 1900 250 Elizah).--th Road Pontiac, MT 4234-...1.-04.14 Saar Ms_ Rietth: ST.I.a0E7.1": ESC.4 alld. EN" S Ce-ftifications . -. for th a memo dated March. 16, 2007, regarding . Oaidend County' s res-oonse to the ESG and HIES Certifications . ace.craired by HUD. I have read through each action gahland County will talte, as they perte_in to the compliance issues liste-d in the, ESG Certifications. Each action. outlined by cal,..1-4.La Coirity is a-otroved. I will tlace a cony of the.metao along vith this 27 e s-pbnse in the Da:kland County file. .-----.---- I under-stand yo l.= concecon aiDout 5 g a certification in regard to inszitutiorlal discharge noiicies. However, the ESG and as Certifications as well as. the Disc7-ga policy f. --orms are not st:oj ect to change ac.‘h.form.must be signed to instre ocelease of funds. reason.ing for including the dischare policy in the certifications Wa.-±- t 0 ' bring awareness, to all parties involved in liotneless provision, of the nea6. for solid discharge. policies. '.,V..ii.le ETID -understands that Daklanci County itself cannot. enforce. discharge. policies of other institutions, . Oakland Con_tty canire that these nolicies, be Ee.veloped. arLd/or followed as part of contractual obligati OD.. The idea is to get the word out 'that ha--v-ing these policies in niec5 is not caly o-Dod -;-,- .,ratOtic..s b-Lit should he a requirement for operation. - Regarding the '`ITIS .i.ssue_, Oakland County's asse_rtion that . . it will ensure eacic. T.,-L1'SG funded si/o-recipient institutes an. laviis .svste_m is corplet,ely acce-otable. Oakland County is'-under no obligation to do any-thing more than that. Please contact- -sour Community Planning and plot .7-,Lepre.5.aaatativ, 3.vi: . 5-2•'-a:-.,r_ Eefter, if you need any further c 1 ar i f i o az i on.. S.n..a can. be r. E-- a the..d at (212) 226-'7 90 0 , enttnsi on 0 1 42. 42. ,/ ^ 7) 7-111 / Attachment A — Excerpt from 2 012 Annual Action Plan Table 1: Comparison of Grant Application with Grant Award Oakland County, MI GRANT ' APPLICATION AWARD VAR ANCE 1 Community Development Block Grant (CDBG) $4,950,191 $4,950,191 $0 l ,HOME Investment Partnerships Grant (HOME) S1,096,668 $1,096,668 $0 Emergency Shelter/Emergency Solutions Grant (ESG) $303,461 $303,46 0 l _ ITotal $6,350,320 $6,350,320 $0 I Community Development Block Grant (CDBG) 91.220(1)(1) CFDA# 14 -218 Statement of Need - Sixty five percent of the participating communities fell below the County's 2000 overall per capita income level of $32,534. Nearly half the participating communities have median family income (MFI) levels below the County's overall level of $75,540 based on 1999 income data. Along with the loss of 560,000 manufacturing jobs over the past seven years and more than 7,000 home foreclosures in 2011, Oakland County faces great challenges. Housing values are also expected to stay depressed for the foreseeable future and Oakland County faces a looming shortage of skilled workers as the proportion of residents age 65 or older grows. Economists have predicted that the proportion of residents over the age of 65 in Oakland County, currently at one in eight people, will rise to one of every four by 2035. That trend, which is not unique to either Oakland County or the state at large, is expected to create huge shortages in meeting the demand for more services associated with aging demographics. Assessment of Relationship of CDBG Funds to Goals and Objectives - The Community Development Block Grant (CDBG) program was initiated by the Housing and Community Development Act (HCDA) of 1974. The primary objective of the CDBG program is the development of viable urban communities, by providing decent housing, suitable living environments, and expanded economic opportunities, principally for low income persons. Through the CDBG program, HUD provides funds to local governments for a wide range of community development activities for low income persons. CDBG funds are likely the most flexible federal funds available to local governments. Activities include: • Housing rehabilitation • Construction and rehabilitation of public facilities and public infrastructure • Public services such as transportation, chore services, and meals on wheels • Removal of architectural barriers • Down payment and other homeownership assistance Consistent with the primary goal Oakland County gives maximum feasible priority to housing, public service, and capital improvement projects that are consistent with one or more of the national and county objectives: Table 2: Community Development Block Grant Objectives NATIONAL OBJECTIVES i Ensure benefit to low income persons; ll Aid in the prevention or elimination of slums or blighting community conditions; and Meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. Page 1 of 12 Attachment A_7 Excerpt from 2 012 Annual Action Plan Oakland County, MI Table 3: Community Development Block Grant Objectives continued COUNTY OBJECTIVES Ensure that not less than 7o0 CDBG funds received annually are used for activities that principally benefit low income persons. _____ Improve the human environment through infrastructure and public facilities projects in eligible areas of participating communities. Provide public services for eligible residents. Improve, upgrade, maintain or increase property values through the concentration of rehabilitation efforts , within neighborhoods. Reduce the number of substandard dwelling units within the county through the rehabilitation of existing residential units. Improve living conditions within housing units and reduce the financial burden of low income persons. Reduce housing maintenance and fuel costs and enable low income persons to remain in their units. I Instill within homeowners the incentive to maintain and improve conditions within the housing unit. Assist homeowners in using available funding sources to accomplish housing rehabilitation activities. Reduce the isolation of income groups and increase housing opportunities for low income persons. Minimize displacement and relocation through a detailed plan. in accordance with Uniform Relocation and i Real Property Acquisition Policies Act requirements. Ensure that the county maintains no more than 1.5 times its current year's allocation worth of CDBG funds unexpended in accordance with HUD spending performance guidelines. Encourage communities to realistically plan for, and invest in, future development. Assist communities in developing the capacity to implement activities. Provide technical assistance to participating communities to enable them to more effectively carry out CDBG projects and ensure compliance with federal regulations. The County's philosophy is that local communities know local needs best; therefore, by formula participating communities receive two-thirds of all CDBG funds, less administration. The communities determine how to allocate resources within the program's overall objectives, regulations, and laws. The Oakland County Board of Commissioners approved a revised CDBG distribution formula in 2003. The formula still follows the federal "option one" method of CDBG distribution to grantees as found in the Housing and Community Development Act of 1974, as amended [42 USC 5306(b)(2)}. The county formula is expressed as: (P+3L)/4 P= ratio of participating community's population to population in all participating communities L= ratio of the community's low income population to all communities The low income ratio is factored three times and then multiplied by the total amount of CDBG funds available to communities in a given year. All communities falling below $5,000 receive $5,000 as a minimum amount. The formula applies to the "non- minimum allocation" communities. The result is the community allocations for that given program year. City of Pontiac - The City of Pontiac plans to join the Oakland County urban county program, as an independent Metropolitan City (MC) under a "Joint Agreement" option allowing Pontiac to retain its MC status and HUD to allocate more funding to the County on the City's behalf by using formula ("B") for the City. HUD used "B" to calculate Pontiac CDBG funding as an independent MC yet uses the County's formula "A" under a Cooperation Agreement. Page 2 of 12 AMOUNT $3,525,192 $500,000 $4,025,192 Attachment A — Excerpt from 2 012 Annual Action Plan Oakland County, MI Table 4A: PY 2012 CDBG Revenues (Participating Communities) REVENUE Federal CDBG Allocation County Revolving Loan Fund (estimate) Total Revenues Table 4B: PY 2012 CDBG Revenues (City of Pontiac REVENUE AMOUNT Federal CDBG Allocation $1,424,999 1 Total Revenues $1,424,999 , Table 5A: PY 2012 CDBG Allocations (Participating Communities , ALLOCATION AMOUNT General Program Administration $619,038 Housing Counseling $180,000 Home Improvement Program $846,041 General Program Administration Revolving Loan Fund (estimate) $100,000 I Housing Counseling Revolving Loan Fund (estimate) $75,000 Home Improvement Program Revolving Loan Fund (estimate) $325,000 Community Allocations $1,880,113 Total Allocations $4,025,192 Table 5B: PY 2012 CDBG Allocations (City of Pontiac _ ALLOCATION. •, AMOUNT Il General Program Administration (County) l $284,999 1 Home Improvement Program $379,996 Community Allocation $760.004 Total Allocations 1 $1,424,999 Table 6A: PY 2012 CDBG Benefit Distribution (Participating Communities) CLASSIFICATION PERCENTAGE Benefit to Low Income Persons 81,74% l Prevention/Elimination of Slums/Bli ht 0% l Meeting an Urgent Community Need 0% l Administration 18.26% [ Total 100.00% Public Service Activities I (*1 3% - Independent Calculation) • Public Service activities cannot exceed 15% of the total and are calculated independently. • Public service activity funds are included in the benefit to low income amounts. Table 6B: PY 2012 CDBG Benefit Distribution (City of Pontiac CLASSIFICATION ] PERCENTAGE Benefit to Low Income Persons 33% ,! Prevention/Elimination of Slums/Blight 67% Meeting an Urgent Community Need 0% 1 Total 100.00% , Page 3 of 12 Attachment A — Excerpt frorn 2012 Annual Action Plan Oakland County, MI HOME Investment Partnership Program (HOME) 91.220(1)(1) CFDA# 14-239 HOME Program Proposed Rule - The U.S. Department of Housing and Urban Development (HUD) published a significant proposed regulation for the HOME program in the Federal Register on December 16, 2011. The proposed changes are intended to enhance performance and accountability and clarify certain existing provisions. Public comments on the proposed changes are due February 14, 2012. The County will evaluate the impact of the proposed rule on its existing programs and will adjust accordingly to meet the effective date. Statement of Need - According to the Oakland County Comprehensive Housing Needs Assessment almost 103,000 households (22% of all households) face affordability problems. Nine percent (almost 40,600 households) face severe affordability problems. Oakland County's elderly households face affordability problems much more frequently than younger households. Twenty-nine percent of all elderly households face cost burden (2nd highest rate in the state). Fourteen percent face severe cost burden (highest rate in the state). Affordability problems impact all income groups in the county. In addition, Oakland County's special needs populations that frequently have very low incomes face severe affordability problems. Affordability problems are especially prevalent among households at or below low income, but a considerable number of middle-income families also face affordability problems. The amount of older housing stock continues to increase, and the need for home improvement loans is expected to rise. In addition, many septic fields in the County are beginning to fail and many wells are failing due to lower water tables. Subsequently, houses in many older communities are in need of connections to municipal water and sewer systems. Assessment of Relationship of HOME Funds to Goals and Objectives - The HOME program developed as a result of the National Affordable Housing Act of 1990. HOME provides federal funds for the development and rehabilitation of affordable rental and ownership housing for low income households (defined as below 80% of area median income). The program gives local governments the flexibility to fund a wide range of affordable housing activities through housing partnerships with private industry and non-profit organizations. HOME funds can be used for activities that promote affordable rental housing and homeownership, including: • Property and/or building acquisition • New construction and reconstruction • Moderate or substantial rehabilitation • Homebuyer assistance • Tenant-based assistance Strict requirements govern the use of HOME funds including the use funds for activities that target low income families and a 25% non-federal match. In Oakland County, HOME funds are used in combination with CDBG funds to address priority affordable housing needs. Table 7: HOME Investment Partnership Grant ' • . NATIONAL OBJECTIVES Expand supply of decent, safe, sanitary, and affordable housing for very low and low income residents; Strengthen ability of the county to design and implement strategies for achieving adequate supplies of i ll decent, affordable housing; and ii Encourage public, private, and nonprofit partnerships in addressing affordable housing needs. COUNTY OBJECTIVES Fund housing rehabilitation for low income households. Work to nurture community housing development organizations (CHD0s) to provide decent, safe, sanitary, and affordable housing for low income persons. ,i Strengthen public-private partnership through provision of HOME match. Page 4 of 12 Attachment A — Excerpt - from 2 012 Annual Action Plan Oakland County. MI Estimated Use of HOME Funds and Matching Contributions - The Consolidated Plan indicates that Oakland County's housing stock is overwhelmingly single-family owner-occupied. The goal of the HOME Program is to "expand the supply of decent, safe, sanitary, and affordable housing" for low income persons (s.92.1). Oakland County meets the goal through the rehabilitation of single-family homes owned and occupied by low income persons. The county's Consolidated Plan puts great emphasis on housing rehabilitation as a proven method for improving the quality of housing stock in which low income persons reside. The following details the county's plan for use of PY 2012 HOME funds. HOME Tenant-Based Rental Assistance - Tenant based rental assistance is a need in Oakland County. However, single family housing rehabilitation is the priority need in fulfilling the County's HOME Program goal of "expanding the supply of decent, safe, sanitary, and affordable housing and preserving Oakland County's aging housing stock" for low income persons. Due to limited HOME funding and the County's need to maximize returns on investments in providing additional affordable housing, tenant based rental assistance is not funded as a primary housing need for the County. Other Forms of investment - Oakland County will not invest HOME funds in a loan guarantee account as an eligible activity as indicated in 24 CFR 92.205(b) Table 8: Maximum Per-Unit Subsidy (as of 7/1/2011) 0-BEDROOM1-BEDROOM 2-BEDROOM 3-BEDROOM:„ 4,BED.ROOK: $143,813 I $165 ;972 $201,822 $261,090 $286,597 Source: U.S. Department of Housing and Urban Development (HUD) The appraised value of the property after rehabilitation may not exceed limits established by HUD ($226,100 for a single-family unit). The home sales price may not exceed the appraised value limit. At the time of purchase, housing that is newly constructed or rehabilitated using HOME funds must comply with the Michigan Residential Code, the Residential Construction Performance Guidelines published by the National Association of Home Builders, the Oakland County Community & Home Improvement Guidelines and any and all codes adopted by the governmental unit in which the property is located. Congress mandates that all housing rehabilitation and/or new construction projects funded with PY 2012 HOME funds are subject to matching fund requirements. Oakland County ensures that rehabilitation projects receive one-dollar of matching funds per every four dollars of HOME funds expended, in accordance with federal guideline (s.92.218). Before disbursement of HOME funds, the CHDO/PJ must execute a contract. This grant agreement will identify the grant amount, grant terms and the programmatic responsibilities of the CHDO. Monitoring - The county and CHDO will follow a monitoring plan for the HOME program. The plan includes technical assistance to a CHDO, program monitoring, required single audits, spending performance reviews, on-site property inspections, project reviews for compliance with program requirements and necessary documentation. As necessary, a CHDO will receive letters of deficiencies to ensure corrective actions. Refinancing - Oakland County does not intend to refinance existing debt secured by multifamily housing rehabilitated with HOME funds. Page 5 of 12 Attachment A — Excerpt from 2012 Annual Action Plan Oakland County, MI Women and Minority Business Enterprise (W/MBE) Outreach - Oakland County's W/IVIBE strategy in the HOME Program focuses on enhancing and overseeing existing W/MBE outreach efforts in the single family owner-occupied housing rehabilitation program administered by Oakland County, The county maintains a list of licensed and insured contractors/residential builders for both the CDBG and HOME financed home improvement program (HIP). Contractors on the contractor list may bid on HIP jobs on an alternating basis. The county includes at least one W/MBE in its invitation to bid every HIP job. The Division participates with the Oakland County Purchasing and Planning Divisions to expand W/MBE opportunities in Oakland County. The county distributes contractor brochures at local building departments to promote the HIP to potential '1/4/V/MBE contractors. The Division advertises contractor participation through its Website, Annual Report, newsletters, brochures and other media. All HOME funded CHDOs include at least one W/MBE in invitations to bid on affordable housing developments. Section 215 Guidelines - HUD requires the County to comment upon its adherence to Section 215 guidelines. The guidelines provide that rental and homeownership housing shall qualify as affordable only if households qualifying as low income occupy the units. Oakland County will address Section 215 requirements for rental units. Oakland County's homeownership programs qualify as affordable housing under Section 215 since the housing- 1. has an initial purchase price that does not exceed 95 percent of the median purchase price for the area, as determined by the Secretary with such adjustments for differences in structure, including whether the housing is single-family or multifamily, and for new and old housing as the Secretary determines to be appropriate; 2. is the principal residence of an owner whose family qualifies as a low-income family-- A. in the case of a contract to purchase existing housing, at the time of purchase; B. in the case of a lease-purchase agreement for existing housing or for housing to be constructed, at the time the agreement is signed; or C. in the case of a contract to purchase housing to be constructed, at the time the contract is signed; 3. is subject to resale restrictions that are established by the participating jurisdiction and determined by the Secretary to be appropriate to— A. allow for subsequent purchase of the property only by persons who meet the qualifications specified under paragraph (2), at a price which will-- i. provide the owner with a fair return on investment, including any improvements, and ii. ensure that the housing will remain affordable to a reasonable range of low-income homebuyers; or B. recapture the investment provided under this subchapter in order to assist other persons in accordance with the requirements of this subchapter, except where there are no net proceeds or where the net proceeds are insufficient to repay the full amount of the assistance; and 4. if newly constructed, meets the energy efficiency standards promulgated by the Secretary in accordance with section 12709 of this title. Affirmative Marketing - In accordance with 24 CFR 92.351(a), Oakland County will carry out affirmative marketing for all HOME assisted homebuyer projects of five or more units. Actions will provide information to attract eligible persons in the housing market area to available housing without regard to race, color, national origin, sex, religion, familial status or disability. Community Housing Development Organizations (CHD0s) will develop advertising campaigns to provide Federal fair housing law and Equal Housing Opportunity (EHO) within the market area. All promotional materials will include the EHO logotype or slogan. Each CHDO under contract must certify that it will affirmatively market projects of five or more housing units in accordance with the County's Affirmative Marketing Plan. In addition, each CHDO must provide written procedures indicating their plan to inform and solicit applications from persons in the housing market area who are least likely to apply for the housing without special outreach. The County will maintain records of each CHDOs affirmative marketing efforts, Annually, Oakland County will meet CHDOs to assess the success of their affirmative marketing actions and discuss corrective steps as needed. Page 6 of 12 Attachment A — Excerpt from 2012 Annual Action Plan Oakland County, MI Reservation of HOME Funds for County Operated Programs - According to the Oakland County Comprehensive Housing Needs Assessment, Oakland County's housing stock is dominated by single family structures (78% of all in 2000), most of them traditional detached units. Home Improvement Program (Moderate Rehabilitation) - Oakland County plans to undertake moderate rehabilitation of single-family owner-occupied housing for low income families. Specifically, the program is used to rehabilitate the principal residence of an owner whose family qualifies as low income (i.e. income not exceeding 80% of area median income) at the time HOME funds are committed to the housing (s.92.254 (b)). Participants will reside in one of the communities participating in the Oakland County HOME Program. The value of the property, after rehabilitation, will not exceed the area's mortgage limit for single-family housing under HUD's single-family insuring authority, the National Affordable Housing Act (s.92.254 (b)). For Oakland County, the value of housing, after HOME-funded repairs, may not exceed $226,100 (56FR36985). These figures may vary as HUD publishes new limits in the Federal Register. Housing that is assisted with HOME funds will comply with the Michigan Residential Code, the Residential Construction Performance Guidelines published by the National Association of Home Builders, the Oakland County Community & Home Improvement Guidelines and any and all codes adopted by the governmental unit in which the property is located. Examples of rehabilitation work that can be financed through this program may include, but are not limited to the following: plumbing, wells, septic systems, structural repairs, electrical work, heating, roof replacement, masonry work, energy items, lead remediation, and barrier-free access. The total property-related indebtedness after improvement may not exceed the property's value. This value is determined by doubling the current State Equalized Value (SEV), or by the Mortgage Application Acceleration Program (MAAP) through the Oakland County Equalization Division. Total indebtedness is determined as a sum of the existing property debt and the amount of the home improvement loan. Income eligibility will be determined for each household based on gross household income and family size in accordance with HUD's Technical Guide for Determining Income and Allowances for the HOME Program. Typically eligible homeowners receive a zero percent interest deferred loan, a 3% interest loan or a combination loan based on income. On February 17, 2010 the Division presented a recommendation to the Citizens Advisory Council that eligible homeowners receive a zero percent interest deferred loan. This change is based upon the current housing and employment market. The need for housing rehabilitation is still present but homeowners are less able to make necessary repairs from their own resources and a zero percent loan with no monthly payment provides a more attractive option. Loans are limited to $18,000 plus a $2,000 contingency for a total possible loan amount of $20,000, On a case by case basis, the loan amount may increase due to the amount of lead based paint remediation or the amount of work needed to meet the Michigan Residential Code. (Maximum loan amounts are subject to periodic updates.) General Program Administration - Ten percent of the County's PY 2012 HOME allocation will be reserved for administrative and planning costs per s.92.207. Reservation of HOME Funds for Community Housing Development Organizations (CHDOs)- CHDOs receive the required fifteen percent of HOME funds, per regulations at s92.300. In keeping with Consolidated Plan goals, a qualified CHDO may receive funds to implement Home Buyer Assistance through acquisition with rehabilitation and /or new construction. Page 7 of 12 Attachment A — Excerpt from 2012 Annual Action Plan Oakland County, MI Home Buyer Assistance - Oakland County will continue to provide technical assistance to certified CHDOs under contract with Oakland County to ensure continued success. A CHDO may use HOME funds to acquire and rehabilitate existing single family homes and/or acquire vacant property and construct new or emplace modular homes for sale to qualified low income homebuyers. Typically, CHDOs would sell the property to a qualified homebuyer by immediately transferring the title. However, due to the current economic situation in Michigan including job losses, high foreclosure rates, and increased inventory of housing the County has implemented a lease purchase option. This option will enable CHDOs to transfer title to qualified low income homebuyers within 36 months of signing a lease-purchase agreement. All forms of home buyer assistance include pre and post purchase housing counseling requirements. HUD has established a maximum HOME funded investment level based on the number of bedrooms per unit. Resale/Recapture Provisions - [24CFR 92.254(a)(5)} states that housing that qualifies as affordable and is for purchase is subject to resale and/or recapture provisions. Oakland County uses a recapture provision. Under the county's recapture provision, the HOME investment that is subject to recapture is the HOME assistance that enables the homebuyer to buy the dwelling unit. This homebuyer assistance is a subsidy ($1,000.00 minimum) that makes the home affordable to a low income homebuyer. HUD accepts three different options under the recapture requirements including full recapture, reduction during affordability, and shared net proceeds. Oakland County follows the recapture provision that allows for the entire amount of homebuyer assistance to be recaptured. Oakland County's home buyer assistance is a deferred payment loan with 0% interest. Oakland County Community & Home Improvement secures its interest in the property with a mortgage and note. One hundred percent of the HOME investment is recaptured upon conversion of property use and/or ownership unless, due to foreclosure, there are not enough proceeds to pay the full amount of the loan. Oakland County will accept the balance of the net proceeds as payment in full, the debt will be extinguished and the affordability period ends. The recaptured funds must be used to carry out HOME-eligible activities. Lease Purchase - For homebuyers purchasing under a Lease-Purchase program the housing must be purchased by the initial homebuyer within 36 months of signing the lease-purchase agreement. However, if this hornebuyer is unable to purchase the unit within the 36 months, the CHDO shall have 6 additional months to qualify a new buyer to purchase the unit. If the CHDO is unable to sell the property within 42 months after project completion, the HOME affordability requirements for rental housing in 24 CFR 92.252 shall apply, including ongoing property standards and occupancy and rent limit compliance. In addition, this project is subject to ongoing compliance requirements of the HOME Program as a rental property for a maximum of 20 years from the date of initial occupancy. During this compliance period, the CHDO will assure continued compliance with HOME Program affordability requirements. Rental Housing - As a substantial amendment to the 2005-2009 Consolidated Plan the County under the CHDO component of the HOME Program identified a need for rental rehabilitation of multi-unit properties with less than 11 units. The foreclosure crisis and double digit unemployment have increased the need for affordable rental housing options. Providing CHDOs with the opportunity to acquire and rehabilitate affordable rental housing offers a response to the need and a flexible development strategy. The rental assistance component of the HOME CHDO set aside has not yet been fully developed. The HOME program requirements for rental housing will be incorporated into the final program design which is to be included in the PY 2012 CHDO application process. Pace 8 of 12 Attoteltment A — Excerptfroin 2 0 1 ,2 Annual Action Plan Oakland County,11/1 Community Housing Development Organizations - The HOME Program requires a minimum of 15% of each program year grant be awarded to non-profit housing developers. These Community Housing Development Organizations (CHD0s) develop affordable housing and sell units to HOME qualified low income homebuyers. The decline in the Michigan economy and the downturn of the housing market has greatly impacted homebuyer programs and the CHDOs. Venture, Inc. - In 2006, Venture received a HOME/CHDO contract to construct five single family homes in Royal Oak Township for low income homebuyers. Due to the failed housing market and lack of demand construction did not begin until fall 2010. The original contract was amended to four units with garages, bricked first floors, and Energy Star appliances to attract more potential homebuyers. The CHDO has hired a realtor to market the units and as of February 2, 2012 there is a purchase agreement on one of the units. The Township also received NSP 1 and NSP 3 funds to clear blighted properties in the area which may help to attract more buyers. Springhill Housing Corporation - In 2011, Springhill received a HOME/CHDO contract to acquire rehabilitate and sell up to five single family units through a lease purchase option for low income homebuyer. Springhill works with all eligible clients but specializes in working with households that have a least one person with a disability. Springhill establishes the readiness of its client pool prior to acquiring properties. Once the client meets the homebuyer criteria including credit and homebuyer counseling they begin to search for a home to meet their needs. As the project proceeds the rehabilitation includes energy efficiency items, and safety and accessibility improvements as needed. Table 9: PY 2012 HOME Budget Revenues 7-- i REVENUE I AMOUNT HOME Allocation $1,096,668 Match Obligation $246,751 HOME Program Income (estimate) $250,000 Total $1,593,419 Table 10: PY 2012 HOME Budaet Allocations HOME 25% HOME 0 AT1ON TOTAL FUNDS :MATCH* P1 (EST) ' Housing Rehabilitation (Home Improvement Program) $822,501 $205,625 $225,000 $1,253,126 CHDO Activities (15% of HOME Allocation) $164,501 $41,126 $205,627 County Administration (10% of HOME Allocation) $109,666 N/A $25,000 $134,666 Total $1,096,668 $246,751 $250,000 ,593,419 1 *HOME requires a 25% match of funds for housing rehabilitation and new construction activities. Page 9 of 12 Attachment A — Excerpt from 2012 Annual Action Plan Oakland County , MI Emergency Solutions Grant (ESG) CFDA# 14-231 Public Law 111- On May 20, 2009, the President signed into law "An Act to Prevent Mortgage Foreclosures and Enhance Mortgage Credit Availability," which became Public Law 111-22. This law implements a variety of measures directed toward keeping individuals and families from losing their homes. Division B of this law is the HEARTH Act, which consolidates and amends three separate homeless assistance programs carried out under title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 17371 et seg.) (McKinney-Vento Act) into a single grant program that is designed to improve administrative efficiency and enhance response coordination and effectiveness in addressing the needs of homeless persons, The HEARTH Act codifies into law and enhances the Continuum of Care planning process, the coordinated response for addressing the needs of homelessness established administratively by HUD in 1995. The single Continuum of Care program established by the HEARTH Act consolidates the following programs: the Supportive Housing program, the Shelter Plus Care program, and the Moderate Rehabilitation/Single Room Occupancy program. Background - In 1988, the McKinney-Vento Act implemented the Emergency Shelter Grant as a way for the federal government to assist local units of government to fund emergency shelters. Although originally an independent grant to the County, it became part of the consolidated plan and its formula allocation was applied for through the annual action plan. At that time, the sole purpose of the grant was to fund emergency shelters and transitional housing programs. Specific statutory caps were required of 30 percent for essential services (case management, food, medical, transportation) 10 percent for shelter administrative costs, and 5 percent for County administration. Up to 100 percent of the grant could be used for shelter operations. In 1997, the Board of Commissioner's adopted the following formula to distribute the funding: Formula - Utilization + 2 (Residency) + Capacity 4 Definitions - Utilization: ratio of the number of beds utilized at 100% capacity during the previous program year Residency: ratio of clients whose last known address was a community that participates in the Oakland County CDBG program. This ratio is weighted by a factor of two. Capacity: number of available beds In 2004, the emergency shelter grant regulations were amended to allow up to 30 percent of the grant to be used toward prevention activities. As prevention was not part of our allocation policy, we limited the ability to apply to established shelters, but did permit dollars to be used for prevention activities. No shelter requested use of such funds during 2004-2010. On May 22, 2009, the Homeless Emergency Assistance and Rapid Transition to Housing Act (HEARTH act) was signed into law changing the focus of the program from addressing the needs of those in emergency or transitional shelters to assisting people to quickly regain housing stability after a crisis. The Emergency Solutions Grant name change reflects this new emphasis and the regulations became effective January 4, 2012. Pale 10 of 12 Attachment A — Excerpt from 2 012 Annual Action Plan Oakland County, MI Emergency Solutions Grant Components - The Emergency Solutions Grant allows for six basic components: 1. The Street Outreach component permits funds to be used for the cost of providing essential services necessary to reach out to unsheltered homeless people and connect them with appropriate services. 2. The Emergency Shelter component provides the cost of essential services and shelter operations for emergency shelter programs. Up to 60 percent of the grant or the amount granted to shelters during PY2010, whichever is greater, can be used for this component. The new regulations expanded the definition and removed the cap on essential services. We will be limiting the allowable services in our guidelines. Renovations to shelters and relocation are also eligible under this component put will not be a part of Oakland County's program. 3. Housing relocation and Stabilization Services for prevention and rapid re-housing pays for the non-rent financial assistance cost including rental application fees, security deposits, utility deposits and payments, moving costs, housing search and placement, case management, inspections, and program related costs for the provider. 4. Short-Term and Medium-Term Rental assistance provides a program participant up to 24 months of rental assistance during any three-year period. Oakland County will be limiting assistance for up to six months during any one program year. 5. The Homeless Management Information System is a mandated system which provides client level data and analysis and is required for program reporting. 6. Up to 7.5 percent can be used for Administrative Costs related to the planning and execution of the ESG activities including planning, general management, oversight, and coordination. Match - The Emergency Solutions Grant requires a 100 percent match. This match will be passed on to the grant recipients. The match may be cash or an in-kind amount and cannot be counted as satisfying the matching requirement of another federal grant. Eligible types of match include cash contributions or noncash contributions including volunteer hours, real property, equipment, goods or services, or costs paid by program income. Table 11: Emeraencv Solutions Grant ri--- !: NATIONAL. OBJECTIVES Maximize communitywide planning and strategic use of resources to prevent and end homelessness; improve coordination and integration with mainstream services to marshal all available resources, capitalize on existing strengths, and increase efficiency; improve coordination within each community's homeless services, including services funded by other programs targeted to homeless people; build on lessons learned from years of practice and research, so that more resources are invested in demonstrated solutions to end homelessness, such as rapid re-housing; expand resources and services available to prevent homelessness; realign existing programs and systems to focus on shortening homelessness; direct funding to the most critical services to help people achieve long-term housing stability and avoid becoming homeless again; standardize eligibility determinations and improve the targeting of resources to help those most in r need; improve data collection and performance measurement; and allow each community to tailor its program to the particular strengths and challenges within that community. COUNTY OBJECTIVES Implement the Emergency Solutions Grant to provide administration, HMIS, Emergency Shelter, Housing Relocation and Stabilization Services/Rental Assistance. Page 11 of 12 Attachment A — Excerpt.from 2012 Annual Action Plan Oakland County, MI Scope of Proposed Activities, Allocation and Selection Criteria - The Community & Home Improvement Division is proposing the following allocation and selection criteria: Emergency Shelter - 60 percent of the grant will be used to continue funding emergency shelters. Transitional housing providers are only eligible if they received funding in 2010 and are continually funded thereafter. A request for Proposals will be issued. All qualified agencies meeting threshold will be funded under the following formula: Formula - Utilization + 2 (Residency) + Capacity 4 Definitions: Utilization: ratio of the number of beds utilized at a minimum of 90% capacity during the previous program year. Residency: ratio of clients whose last known address was a community that participates in the Oakland County CDBG program. This ratio is weighted by a factor of two. Capacity: number of available beds Housing Relocation and Stabilization Services/Rental Assistance - The balance of the grant will be allocated for prevention and/or rapid re-housing programs. A maximum of two agencies will be funded through a request for proposal process based on the following scoring criteria: Capacity/Experience 40 points), Outreach Plan (25 points) HMIS (15 points), prior experience with use of Mainstream Resources/Leveraging (15 points), Oakland County Continuum of Care participation (5 points). Homeless Management Information System (HMIS) - The Homeless Management Information System lead agency will receive up to 7.5 percent of the grant. Administration - Oakland County will retain 7.5 percent of the grant for administration, planning, implementation, reimbursement, and reporting. Source of Funds - The substantial amendment must be prepared and submitted in accordance with the Oakland County citizen participation plan and the requirements of 24 CFR part 91, as amended by the Interim Rule. The County will follow the outline provided by HUD as a checklist to ensure an accurate and complete submission in accordance with the details of the Notice. Table 12: PY 2012 Emeraencv Solutions Grant (ESG) Budget PROJECT CLASSIFICATION AMOUNT Administration (7.5%) $22,759 Homeless Management Information System (HMIS) (7.5%) $22,759 Emergency Shelter (60%) $182,076 Rapid Re-Housing Rent Assistance $37,000 Rapid Re-Housing Housing Stabilization $38.867 ; Total $303,461 Page 12 of 12 FISCAL NOTE (MISC. #12199) August 1, 2012 BY: FINANCE COMMITTEE, rom MIDDLETON, CHAIRPERSON IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - COMMUNITY & HOME IMPROVEMENT DIVISION - 2012 ANNUAL ACTION PLAN AND CONSOLIDATED GRANT ACCEPTANCE FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) AND EMERGENCY SHELTER/EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Oakland County Community and Home Improvement Division has received program year 2012 funding from the U.S. Department Housing and Urban Development for the consolidated Community Development Block Grant (CDBG), HOME Investment Partnership Grant (HOME), and Emergency Shelter Grant (ESG) in the amount of $6,350,320. 2. The award includes $4,950,191 for the Community Development Block Grant, $1,096,668 for the HOME Investment Partnership Grant and $303,461 for the Emergency Shelter Grant. 3. The award also includes $500,000 in estimated Home Improvement Revolving Loan Funds, $250,000 in estimated HOME Program Income, and requires a HOME County match of $246,751 for a consolidated 2012 program grant total of $7,347,071. 4. The Federal grant award of $7,347,071 is $930,762 more than the 2011 program year award of $6,416,309, 5. Local County match of $246,751 (25%) is required for grant funding allocated to housing rehabilitation and/or new construction activities for the HOME Investment Partnership Grant, a decrease of $91,454 over the PY 2011 County Match of $ 338,205. The 25% match percentage requirement is the same as the match requirement in the 2011 HOME Investment Partnership Grant. 6. County Match of $246,751 is available in the Non-Departmental Grant Match line item of the FY 2012 General Fund Budget, account #10100-9090101-196030-730800. No additional appropriation is required. 7. Indirect costs associated with this grant are not paid due to administrative and planning limits. 8. The grant currently funds 22 Special Revenue (SR) positions in the Economic Development & Community Affairs/Community & Home Improvement Division (1090611) including 17.25% of one (1) Com & Home Imp Specialist (#10998, GF/GP BOC 82.75% Sunset 9/30/13); and 40% of one (1) GF/GP Environmental Prog Coord position (1090207-09809) in Planning & Economic Development Division for an Emergency Shelter/Emergency Solutions Grant (ESG) Coordinator; and 50% of one (1) GF/GP Accountant III position (1020615- 02558) in the Management & Budget/Fiscal Services Division for grant accounting services. 9. The grant funds will cover the following positions in the Community & Improvement Division listed below as follows: 1 Com & Home Imp Asst. - 05413 4 Corn & Home Imp Coord-01279/03231/03430/06098 2 Corn & Home Improvement Tech - 03230/01768 2 Corn & Home Imp Specialist 03567/10806 2 Corn & Home Imp Field Tech - 01457/09578 1 Senior Corn & Home Imp Spec - 00730 2 Sr Corn & Home Imp Field Tech - 02426/09522 1 Grant Compliance & Program Coord - 01370 1 Supv-Com & Home Imp Admin Serv -01371 2 Supv-Corn & Home Imp - 00999/03182 1 Hous Counselor Homeless Sv Supv - 03354 1 Student - 05341 1 Chief - Corn & Home Imp -01708 1 Manager - Corn & Home Imp — 00993 FINANCE COMMITTEE Motion carried unanimously on a roll call vote with Long and Quarles absent. 10. The resolution amends the 2012 Annual Action Plan and Consolidated Grant Acceptance to reflect actual funding generated through the CDBG Home Improvement Revolving Loan Fund, CDBG participating communities, and Home Investment Partnership Act during the program year period of May 1, 2012 through April 30, 2013. 11. The FY 2012 Budget is amended as follows: GENERAL FUND #10100 Expenditures 9090101-196030-730800 1090659-196030-788001-29711 FY 2012 Non-Dept. Grant Match ($246,751) Transfer Out 246,751 Total Expenditure -0- Home Investment Partnership Fund #29711 Revenues 1090659-132240-695500-10100 Transfer In from GF $205,625 1090659-132260-695500-10100 Transfer In from GF 41,126 Total Revenues $ 246,751 Expenditures 1090659-132240-730884 Housing Rehab Match $205,625 1090659-132260-730261 CHDO Match 41,126 Total Expenditures $_246.751 FINANCE COMMITTEE Resolution #12199 August 1, 2012 Moved by Weipert supported by McGillivray 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, River, 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 THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) 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 August 1, 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 1 st day of August, 2012. Bill Bullard Jr., Oakland County