HomeMy WebLinkAboutResolutions - 2013.07.17 - 20906PC-ANNING AND BUILDING COMMITTEE
13184 MISCELLANOUS RESOLUTION " A July 17, 2013
BY: PLANNING AND BUILDING COMMITTEE JIM RUNESTAD CHAIRPERSON
IN RE: DEPARTMENT OF ECONOMIC DEVELOPMENT & COMMUNITY AFFAIRS - COMMUNITY & HOME
IMPROVEMENT DIVISION - OAKLAND COUNTY HOME CONSORTIUM (OCHC) INTERLOCAL AGREEMENT
AMENDMENT TO ADD NEW MEMBERS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Title II of the Cranston-Gonzales National Affordable Housing Act of 1990 created the HOME
Investment Partnerships Program that provides funds to metropolitan cities, urban counties, states and consortia of
local governments for acquisition, rehabilitation and new construction of affordable housing; and
WHEREAS under the Act, an organization of geographically contiguous units of general local government
may act as a single unit of general local government for purposes of receiving and administering HOME funds and
carrying out the purposes of the Act as a consortium; and
WHEREAS the Act requires a consortium to have one member unit of general local government authorized
to act in a representative capacity (referred to as "Lead Entity") to assume overall responsibility for the Act,
including submitting a single consolidated plan that covers the entire geographic area encompassed by the
consortium members; and
WHEREAS Miscellaneous Resolution #12203 established the Oakland County HOME Consortium and
authorized an Interlocal Agreement between the City of Pontiac and the County of Oakland designating Oakland
County as the lead entity to implement a housing rehabilitation program (also referred to as the Oakland County
Home Improvement Loan Program) and the Community Housing Development Organization (CHDO) affordable
housing development program set aside on behalf of consortium members; and
WHEREAS the consortium's qualification as a unit of general local government continues for a period of
three successive federal fiscal years during which additional units of general local government may join the
consortium, but no included unit of general local government may withdraw from the consortium; and
WHEREAS by local resolutions, the City of Farmington Hills, the City of Royal Oak, the City of Southfield
and the Township of Waterford have requested to join the OCHC as new members beginning in PY2014 through
PY2016 for the second and third years of the three year HOME program period of July 1, 2013 through June 30,
2016 at which time the consortium agreement may be automatically renewed as required by the U.S. Department
of Housing and Urban Development (HUD); and
WHEREAS HUD shall allocate HOME funds on behalf of consortium members to the OCHC through a
local HOME Trust Fund maintained by the lead entity; and
WHEREAS it is mutually understood that Oakland County as lead entity will implement a housing
rehabilitation program (Oakland County Home Improvement Loan Program) and implement the CHDO affordable
housing development program set aside on behalf of all consortium members; and
WHEREAS HOME Program matching funds of 25% for housing activities are required for the consortium
and shall be provided by Oakland County as lead entity; and
WHEREAS the Oakland County HOME Consortium Interlocal Agreement Amendment (Attachment) adding
new consortium members has been reviewed and approved by Corporation Counsel.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners authorize the
Oakland County HOME Consortium Interlocal Agreement Amendment to add the City of Farmington Hills, the City
of Royal Oak, the City of Southfield and the Township of Waterford as new members beginning in PY2014 through
PY2016 at which time the consortium agreement may be automatically renewed as required by HUD; and
BE IT FURTHER RESOLVED that Oakland County will assume overall responsibilities as the lead entity to
ensure that the Consortium's HOME Program is carried out in compliance with the requirements of the HOME
Program in accordance with HUD regulations and that the County is responsible for the implementation of the
Oakland County Home Improvement Loan Program and the CHDO affordable housing development program set
aside on behalf of all consortium members; and
BE IT FURTHER RESOLVED that HOME program matching funds not to exceed 25% for housing activities
are required for the consortium and shall be provided by Oakland County as lead entity.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the foregoing
resolution.
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Gosselin absent.
THE OAKLAND COUNTY HOME CONSORTIUM (OCHC)
INTERLOCAL AGREEMENT
Amendment to Add New Members
June 1, 2013
This Agreement is entered into pursuant to the Urban Cooperation Act, 1967 PA 7 (MCLA
124.501) by the parties to establish and provide for the powers and duties of the "Oakland
County HOME Consortium". Each party is a public agency as defined in Public Act 7 with the
power to carry out the programs described in this Agreement.
SECTION I. PURPOSE
The Cranston-Gonzales National Affordable Housing Act (NAHA) of 1990 created the HOME
Investment Partnerships (HOME) Program administered by the U.S. Department of Housing
and Urban Development (HUD) through regulations at Title 24, Code of Federal Regulations,
Part 92 (HOME Regulations) to financially support decent affordable housing. HOME
regulations provide for the designation of geographically contiguous units of local government
as a Consortium to participate in the HOME Program as a single jurisdiction under the
administration of a lead governmental entity.
This Agreement amends the Interlocal Agreement Between the City of Pontiac and the County
of Oakland which first established the Oakland County Home Consortium (OCHC) effective in
PY 2013 and adds the new members of the City of Farmington Hills, City of Royal Oak, City of
Southfield and the Township of Waterford effective with PY 2014. These jurisdictions are
eligible contiguous units of local government as defined by HUD to jointly formulate and submit
required plans to receive and administer HOME funds as a single entity and maximize HOME
funds to meet the affordable housing needs of the population within the combined jurisdictions.
Oakland County (hereinafter referred to as the "County"), the Cities of Farmington Hills,
Pontiac, Royal Oak and Southfield (hereinafter referred to as "Cities" and the Township of
Waterford (hereinafter referred to as "Township") mutually agree to cooperate to undertake
affordable housing assistance activities in compliance with the federal HOME statute and
regulations as identified at Title 24, Code of Federal Regulations, Part 91 and Part 92.
The County, Cities and the Township mutually agree that the County shall act as the lead
governmental entity (Lead Entity) for the consortium through its Economic Development &
Community Affairs Department, Community & Home Improvement Division as defined in the
Federal Program Requirements for HOME funding provided directly by HUD.
SECTION II. AGREEMENT
OCHC members agree upon the following terms and conditions:
1. Term of the Agreement
All units of general local government in the consortium shall be on the same program year
for Community Development Block Grant (CDBG). HOME Investment Partnerships
Program (HOME) and Emergency Solutions Grant (ESG). The term of this Agreement
begins with the effective date of July 1, 2014 through June 30, 2016 which is based on the
1
program year date for all members. Subject to the requirements of Paragraph 3(b), OCHC
members agree that the terms of this Amendment cover the period necessary to carry out
all activities that will be funded from HOME funds awarded during PY 2014 and PY2015,
the remaining two years of the Three Year Cooperation period comprising federal fiscal
years (2013, 2014 and 2015) and that OCHC members will remain in the consortium for the
entire period. The Agreement remains in effect until the HOME funds from each of the
federal fiscal years of the qualification period are closed out pursuant to 24 CFR 92.507
and all HOME activity tracking, monitoring and reporting requirements are satisfied.
This Agreement shall be automatically renewed for the consortium's participation in
successive qualification periods of three federal fiscal years each. No later than the date
specified by HUD's consortia designation notice or HOME consortia web page, Oakland
County as the lead entity shall notify each consortium member in writing of its right to
decide not to participate in the consortium for the next qualification period and Oakland
County shall send a copy of each notification to the HUD Field Office.
If a consortium member decides not to participate in the consortium for the next
qualification period, the consortium member shall notify Oakland County, and the County
shall notify the HUD Field Office, before the beginning of the new qualification period.
Before the beginning of each new qualification period, Oakland County shall submit to the
HUD field office a statement of whether or not any amendments have been made to this
Agreement, a copy of each amendment to this Agreement, written notification of any
changes to the consortium's membership, and all certifications required under 24 CFR
92.101(a)(2)(i). The Consortium shall adopt any amendments to this Agreement that are
necessary to meet HUD requirements for consortium agreements in successive
qualification periods.
The automatic renewal of the Agreement will be void if Oakland County fails to notify a
consortium member or the HUD field office as required under this automatic renewal
provision or the County fails to submit a copy of each amendment to this Agreement as
required under this automatic renewal provision.
2. Oakland County HOME Consortium Membership
a. The members of the consortium designate the County of Oakland to act in a
representative capacity for the purposes of HOME and to exercise such authority and
power necessary to accomplish the purposes of this Agreement.
b. During the term of this Agreement,- any local unit of government located in Oakland
County and contiguous to the OCHC may petition to join this inter-local agreement by
June 1 of each year. The petition will be in the form of a resolution adopted by the
governing body of the local unit, authorizing the Chief Elected. Official of the petitioning
local unit to execute this Agreement, and will demonstrate the interest, desire, and
commitment of the local unit to affirmatively participate in and further the purposes of
the consortium. No local unit of government may become a party to this Agreement
until the 0.CHC -through the Oakland County Board of Commissioners has adopted a
resolution accepting the petition. Members of the OCHC shall remain members for the
consecutive three-year Federal Fiscal Year period during which the consortium is to
qualify to receive HOME funds.
C. If any new entities join 00 HO, the County as lead entity agrees to notify HUD in writing
and to provide a copy of the authorizing resolution from the new member's governing
body and an amendment to this Agreement signed by the chief executive officer of the
new member. The County, as lead entity, is authorized by this Agreement to amend
the Agreement on behalf of the entire consortium to add new members to OCHC.
d. The addition of members to the consortium will have no effect upon the designation of
Oakland County as lead entity.
3. Oakland County HOME Consortium Lead Entity Responsibilities
a. The County, in its capacity as lead entity, is authorized to submit an application for
funding under the federal HOME Program, consistent with the approved HOME
program design for each year and enter into an agreement with HUD. The County, as
lead entity is authorized to enter into agreements with non-profit organizations receiving
funding under an approved HOME program design.
b. The County and OCHC members mutually agree that the County as lead entity shall
assume overall responsibility for ensuring that the OCHC program meets the
requirements concerning the Consolidated Plan and evaluation report in accordance
with HUD regulations in 24CFR Parts 91 and 92, respectively, and the requirements of
24 CFR 92.350(a); and further, ensuring that the OCHC program is carried out in
compliance with the requirements of the Act, the Regulations and the Federal Program
Requirements. The members agree to assist the County in maintaining compliance with
the Act, the Regulations, and the State and Federal Program Requirements for the full
compliance period, extending to and continuing beyond the expiration of this
Agreement.
c. The County shall formulate and update any required plans, including but not limited to, a
community profile, needs assessment, assessment of the housing market and
inventory, and a five year strategy that identifies geographic and program priorities.
d. The County shall establish performance measures and maintain all required
documentation and reports for compliance with HOME regulations. The County shall
provide OCHC members with quarterly performance reports.
e. Oakland County is responsible for obtaining _an independent annual audit of the
consortium's funds.
4. OCHC Home Program Design; Allocation; Match; Administrative Fees
a. The County and consortium members mutually agree that the OCHC HOME program
will provide fair and ample opportunity to each member of the consortium to benefit from
the funding brought to it in an amount that the individual members generate annually as
determined by HUD.
b. The County shall finance the costs of administering the HOME Program for the OCHC
to the extent of appropriations not to exceed annual HOME allocations to the OCHC
and matching funds. The County shall establish the HOME Investment Trust Fund as
specified in 24CFR Part 92.500 and will participate in the Integrated Disbursement and
Information System and other accounting and compliance procedures as required by
HUD.
c. The County and consortium members mutually agree that Oakland County as lead
entity shall receive ten percent (10%) of the combined total OCHC annual HOME
allocation for administration as allowed by HOME regulations to administer and manage
the OCHC HOME Program.
d. The OCHC members mutually agree that Oakland County shall implement two HOME
eligible activities designed to improve the quality of affordable housing within the OCHC
jurisdiction including a single family owner occupied housing rehabilitation loan program
(known as the Oakland County Home Improvement Loan Program) and development of
affordable housing through qualified HOME Community Housing Development
Organizations (CHD0s). Fifteen percent (15%) of annual OCHC funds shall be
reserved for CHDO development of affordable housing in accordance with federal
HOME statutes and seventy-five percent (75%) of annual OCHC allocations shall fund
the Oakland County Home Improvement Loan Program.
e. The County and consortium members mutually agree that any OCHC matching funds
required by HUD of 25% for HOME housing activities shall be provided by Oakland
County and applied to eligible activities as required by HUD.
f. Any repayment of HOME funds, loans or other program income generated from funds
received through the HOME Program shall be returned to the HOME Investment Trust
Fund established by the lead entity and reallocated to additional HOME activities.
g. HOME funds shall be committed and expended within HOME statutory obligation and
completion deadlines to eligible projects in the OCHC jurisdiction
5. Fair Housing
a. OCHC members agree to affirmatively further fair housing in compliance with
applicable statutes and regulations.
CONSORTIUM MEMBER SIGNATURES
FOR THE CITY OF FARM INGTON HILLS FOR THE COUNTY OF OAKLAND
Steve Brock, City Manager of Farmington Hills L. Brooks Patterson, Oakland County Executive
Date: Date:
FOR THE CITY OF PONTIAC
Louis H. Schimmel, Emergency Financial
Manager
Date:
Leon B. Jukowski, Mayor
Date:
FOR THE CITY OF ROYAL OAK
Jim Ellison, Mayor
Date:
FOR THE CITY OF SOUTHFIELD
Brenda L. Lawrence, Mayor
Date:
Nancy LM. Banks, City Clerk
Date:
FOR THE TOWNSHIP OF WATERFORD
Gary Wall, Township Supervisor
Date:
Michael J. Gingell, Chair, Oakland County
Board of Commissioners
Date:
Lisa Brown, Oakland County Clerk/
Register of Deeds
Date:
Oakland County HOME Consortium Interlocal Agreement
Amendment to Add New Members
Legal Opinion of Corporation Counsel
County of Oakland
The undersigned Corporation Counsel for the County of Oakland certifies that the foregoing terms and
provisions of this Agreement are fully authorized under State law, 1967 PA 7 (MCL 124.501), and local
law, and that this Agreement provides full legal authority for the Consortium to undertake or assist in
undertaking housing assistance activities for the HOME Investment Partnerships program.
Keith J. Lerminiaux, Corporation Counsel
Date
Resolution #13184 July 17, 2013
Moved by Dwyer supported by Quarles the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Gershenson, Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis,
McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack,
Bosnic, Crawford. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the 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, Lisa Brown, 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 July 17, 2013,
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 171h day of July, 2013.
Lisa Brown, Oakland County