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HomeMy WebLinkAboutDocumentation_Regular_Tab 09A_8/23/1990L-q VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Teyue.sta Dn%e Tequesta. Florida 33469-0273 • (407) 575-6200 FAX: (407) 575-6203 MEMt7RANDLlM TO: Thomas G. Bradford` Vi lage Manager FROM: Wendy K. Harrison'v,` As istant to the Village Manager DATE: August 17, 1990 SUBJECT: Interlocal Agreement Between Palm Beach County and the Village of Tequesta for Community Development Block Grant Population Eligibility; Agenda Item IX -A. Please find attached n a Interlocal Agreement which replaces and extends the October, 1987 Agreement with Palm Beach County Housing and Community Development (HCD) expiring Federal Fiscal Year 1990. The proposed Agreement differs insignificantly from the exitting Agreement for Community Development Block Grant Population Eligibility. This Agreement allows Palm Beach County to use the population of Tequesta in application for Federal Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development. HCD uses the grant funds to invest in affordable housing in areas requiring such funding in Palm Beach County. The Agreement does not obligate the Village to participate in any housing programs, according to Palm Beach County Department of Housing and Community Development. Attached, please find correspondence from Remar Harvin, Director of HCD, regarding the Agreement and addressing staff questions. The CDBG process is initiated by developers for specific projects. Any develcper would be subject to Village Zoning and development regulations - the CDBG program would be a potential source of funding only. According to Housing and Community Development, local government approval of a project is a requirement Of HCD in reviewing applications for CDBG funds. The adopted Comprehensive Plan of the Village of Tequesta, Housing Element, Policy 1.2.2, specifies ..."continued participation at the current level in the Community Development Block Grant Program..." The current level of participation, or at least the sole mechanism of current participation, is the Agreement with Palm Beach County HCD. Recycled Paper Memorandum RE: Block Grant Population Eligibility August 17, 1990 Page 2 - ------------------------------------------ are: The advantages of authorizing the extension of the CDBG Agreement I. Pressures to increase County tax -funded dollars for community development and housing are somewhat lower than otherwise; i.e., HCD uses Federal dollars instead of local dollars, and, 2. The Village receives credit for participating in housing programs, which helps in the fulfillment of obligations of the Comprehensive Plan. WKH/mk Attachments Board of County Commissioners County Administrator r Jan Winters Carol J. Llmquist, Chairman }wren T. Nlarcus, Vice Chair Carol A. Roberts B Housing & Community Development Ron Ho�%ard Carole Phillips Q, n a x June 13, 1990 (/�� cov- L% 0 s Mr. Thomas Bradford, Manager Village of Tequesta 357 Tequesta Drive Tequesta, Florida 33469 SUBJECT: URBAN COUNTY QUALIFICATION PROCESS Dear Mr. Bradford: Palm Beach County receives Community Development Block Grant (CDBG) funds from the U. S. Department of Housing and Urban Development to undertake essential community development and housing assistance activities throughout the County. The County may recruit municipalities for participation in the CDBG Urban County Program. Municipalities electing to join the Urban County Program will be included in population totals which are used to determine the amount of the County's CDBG Grant. If your municipality elects to be included in the Urban County Program it would be for CDBG Program Fiscal Years 1991, 1992, and 1993. Execution of a cooperative agreement with your municipality will allow the County to implement community development activities within your jurisdiction during Fiscal Years 1991-93. These activities may include housing rehabilitation, emergency housing assistance and capital improvement projects. Enclosed is an Interlocal Agreement for approval and execution by City Officials. If necessary, we will attend a City Commission Meeting to answer questions. Please let us know if this is necessary. In addition to an executed Agreement, we will need evidence that the City Commission has authorized the Agreement in the form of a certified Resolution, or a conformed copy of the Minutes from the meeting where it was approved. If you have any questions or concerns regarding this process please feel free to contact my office at 355-2087. Working together to solve community needs will greatly benefit your municipality as well as Palm Beach County. Please reply by Friday, July 13, 1990, as to your municipality's status in regard to this qualification process. "An Equal Opportunity - Affirmative .Action Employer" 801 EVERNIA STREET, W.N.B., FL 33401 (407) 355-2087 Urban County Qualification Process June 13, 1990 Page Two Thank you for your assistance and cooperation in this effort. I am looking forward to working with you in the future. Sincerely, - Remar M. Harvin, CBD, Director Housing and Community Development RMH/HLN/ag/mlr Enclosure: (1) Unsigned Agreement cc: Chauncey Taylor, II, Manager Planning and Economic Development, HCD Ref: LTRURBCO i Voard of County Commissioners County Administrator + l" Cari:l J. Flmquist, Chairman )an Winters Karen T. Rlarcus, Vice Chair Carol A. Roberts Housing & Community Developmer Ron HoN%ard ,V1 Bpi Carole Phillip, r August 10, 1990 Mr. Thomas G. Bradford, Manager / Village of Tequesta Post Office Box 3273-0273 Tequesta, Florida 33469-0273 -+ RE: REQUEST TO ADDRESS QUESTIONS CONCERNING THE URBAN COUNTY QUALIFICATIONS/INTERLOCAL AGREEMENT RELATED TO THE VILLAGE OF TEQUESTA Dear Mr. Bradford: This correspondence follows a conversation with Ms. Wendy Harrison, Assistant Manager, Village of Tequesta and Ms. Rita Powell, Planner II of my staff on August 8, 1990 regarding the Urban County Qualifications/Interlocal Agreement with the Village of Tequesta. A meeting has been scheduled for August 15, 1990 at 11:30 a.m. at Palm Beach County Housing and Community Development located at 801 Evernia Street, West Palm Beach, Florida, to discuss the Village of Tequesta's concerns. In the interim, a suggested list of questions was generated via Ms. Harrison, at my request, in order to expedite a successful meeting with your staff concerning the Urban County Qualifications and the Interlocal Agreement. Palm Beach County Housing and Community Development (HCD) has established an in-house deadline of August 24, 1990 for receiving of all signed interlocal agreements for timely submission to the U.S. Department of Housing and Urban Development's (HUD) regional office in Jacksonville, Florida. It is my understanding that the Village of Tequesta's Council will meet on August 23, 1990, thereby allowing time for HCD to receive a signed agreement prior to our in-house deadline. Kindly find below, a list of responses to Ms. Harrison's questions that may assist you in making a favorable decision regarding participation in the Urban County CDBG program: Question 1: Can the Village of Tequesta apply separately for CDBG funds? The answer is affirmative; however, there is less competition when participating with HCD as opposed to applying directly through the State's Small Cities Program. As an entitlement community, Palm Beach County already has an established allocation. Additionally, HCD presently has an administrative staff that is well -versed in CDBG requirements; therefore, the Village of Tequesta could avoid administrative costs. "An Equal Opportunitv - Affirmative Action Employer" 801 EVERNIA STREET, W.P.B., FL 33401 (407) 355-2087 4 prinred on recycled paper ` Village of Tequesta UCQ/Interlocal Agreement August 10, 1990 Page Two Question 2: What are the advantages and disadvantages of participating with HCD as opposed to applying through the State? a) advantages: It would be advantageous for the Village of Tequesta to be able to state in their Housing Element of the Comprehensive Plan that they are participating in the County's CDBG Program, which is beneficial in satisfying some of the requirements of the Housing Element. Please be aware that the State's level of funding is limited and that the State will not necessarily fund a given city every fiscal year. The State's funding continuity varies; however, HCD's CDBG Program will fund ongoing projects/activities over a period of several years. b) disadvantages_: There are no disadvantages. Question 3: What would the Village of Tequesta's obligation be in signing the Interlocal Agreement? Technically, the Village of Tequesta is obligated to participate in any program approved by Palm Beach County's Final Statement. Any fears, however, that the County can unilaterally impose low-income housing activities within the city are unfounded, as it is County policy that proposals for use of CDBG funds within a municipality are not accepted without the support and consent of that municipality's governing body. Question 4: What does each of the three (3) revisions to the Interlocal Agreement mean? HUD's goal is to ensure that the same fiscal constraints imposed on CDBG funds is enforced on program income. On page 5, paragraph 10 of the Interlocal Agreement "and program income" refers to the use of any CDBG money, and HUD requests the County to include program income as a right to audit the use of any CDBG money. The amendments or revisions are relevant only if the County actually funds a project. Village of Tequesta UCQ/Interlocal Agreement August 10, 1990 Page Three If you have any additional questions or concerns regarding the Urban County Qualification Process or the Interlocal Agreement, please feel free to contact me or Rita M. Powell, Planner II, assigned to work with the Village of Tequesta, at 355-3857. Sincerely, Remar. M. Harvin, CB , Director RMH/RMP/nit Ref: LTRTEQ.UCQ cc: Wendy Harrison, Asst. Mgr., Tequesta Chauncey Taylor II, P&ED Mgr., HCD Rita Powell, Planner II, P&ED, HCD 1__ A U IN'ERLOCAL AGREEMEM BETWM PAL!! BEACH COUKTY AND VILLAGE OF TEQUESTA THIS INTERLOCAL AGREEMENT made and entered into this day of August , 1990, by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and the Village of Tequesta a municipality duly organized by the laws of the State of Florida, hereinafter referred to as the "MUNICIPALITY". WHEREAS, the parties hereto have the common power to perform Community Development Block Grant (CDBG) activities within Palm Beach County, said common powers being pursuant to Section 125.01, Florida Statutes, and Chapter 163, Part III, Florida Statutes; and WHEREAS, it is mandated by Title I of the Housing and Community Development Act of 1974, as amended, that a county must enter into Interlocal Cooperation Agreements with municipalities in its jurisdiction for the purposes of implementing CDBG activities within said municipalities; and WHEREAS, Palm Beach County desires to join with municipalities in order to carry out the planning and professional services necessary to implement the CDBG Program during Federal Fiscal Years 1991, 1992, and 1993; and WHEREAS, the COUNTY and MUNICIPALITY agree to cooperate to undertake or assist in undertaking community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing; and WHEREAS, the COUNTY and MUNICIPALITY wish to cooperate in the implementation of the goals and objectives of Palm Beach County's Housing Assistance Plan, as approved by the U. S. Department of Housing and Urban Development; and . WHEREAS, the MUNICIPALITY desires to cooperate with the COUNTY for the purpose of implementing the Community Block Grant Program. NOW, THEREFORE, the parties hereby agree as follows: 1. The COUNTY and the MUNICIPALITY will cooperate so that the COUNTY may expend CDBG funds for eligible activities within the MUNICIPALITY during Federal Fiscal Years 1991, 1992 and 1993 (including program income generated from expenditure Interlocal Agreement - Page 2 of such funds) under Title I of the Housing and Community Community Development Act of 1974, as amended, and receive funds under said Act. 2. The COUNTY and the MUNICIPALITY will cooperate to undertake, or assist in undertaking, community renewal and lower -income housing assistance activities, specifically urban renewal and publicly assisted housing. 3. With the MUNICIPALITY'S assistance, the COUNTY will prepare a CDBG Final Statement of Objectives and Projected Use of Funds and a Housing Assistance Plan as required by t!;e U. S. Department of Housing and Urban Development (HUD). The COUNTY will undertake or assist in undertaking all professional and administrative services necessary to prepare said application and other necessary documents, and the COUNTY will agree to take full responsibility and assume all obligations of an applicant under the Housing and Community Development Act of 1974, as amended. The COUNTY and the MUNICIPALITY agree that the COUNTY is hereby allowed to undertake or assist in undertaking essential community development and housing assistance activities within the MUNICIPALITY, however the COUNTY has final responsibility for selecting activities and annually filing the Final Statement of Objectives and Projected Use of Funds with HUD. 4. The MUNICIPALITY and the COUNTY will take all actions necessary to ensure compliance with the urban county's certification required by Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 19", Title VIII of the Civil Rights Act of 1968, The Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, and other applicable laws. The COUNTY shall not use CDBG funds for activities in or in support of the "iunicipality that does not affirmatively Interlocal Agreement - Page 3 further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. 5. The COUNTY, through its Division of Housing and Community Development, shall assist the MUNICIPALITY in undertaking all professional and administrative services necessary for the purposes of implementing CDBG activities, including preparation of all applications and other necessary documents, planning and other administrative activities, as required. 6. Neither the COUNTY nor the MUNICIPALITY may veto or otherwise restrict the provisions in this Agreement in any manner to obstruct the implementation_ of the Housing Assistance Plan during the three program years, Federal Fiscal Years 1991, 1992, and 1993 for which the COUNTY qualifies as an urban county and for such additional time as may be required for the expenditure of funds granted to the COUNTY for such period. Pursuant to 24 CFR 570.501(b), the MUNICIPALITY is subject to the same requirements applicable to subrecipients, including the requirements for a written agreement described in 24 CFR 570.503. 7. The MUNICIPALITY must inform the COUNTY of any income generated by the expenditure of CDBG funds received by the MUNICIPALITY. Any program income generated by CDBG supported activities must be repaid to the COUNTY, unless the COUNTY provides written authorization to the MUNICIPALITY for said program income to be retained by the MUNICIPALITY to further program objectives and to be used for eligible CDBG expenditures. In this event, program income must be retained, managed and utilized in accordance with 24 CFR Part 85.25 and other CDBG regulations as may then apply. The COUNTY shall assume the responsibility for monitoring and reporting to HUD as to the disposition of program income generated by any CDBG supported activities. i Interlocal Agreement - j Page 4 Therefore, the MUNICIPALITY shall implement and maintain adequate recordkeeping procedures as needed for this purpose, in conformance with the above referenced regulations, and others that may then apply. In the event of close-out or change in status of the MUNICIPALITY with respect to this Agreement, any program income on hand or received subsequent to close-out or change in status must be repaid to the COUNTY. 8. The MUNICIPALITY shall be responsible for notifying the COUNTY of any modification and/or change in the use of any real property (from that planned at the time of acquisition or improvement, including disposition) acquired or improved in whole or in part with CDBG funds that is within control of the MUNICIPALITY. Notification of the COUNTY shall take place within ten (10) days of said modification or change. In the event that said real property as described above is sold, conveyed or transferred after the time of acquisition and/or improvement, and said real property is sold, conveyed or transferred for usage, which does not qualify as eligible under CDBG regulations, the County shall be reimbursed in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds) of the property by the MUNICIPALITY. In the event of a close-out or change of status of the MUNICIPALITY, termination of this Agreement, or disposition and/or transfer of any property improved or acquired with CDBG funds, the COUNTY shall be reimbursed by the MUNICIPALITY any program income generated prior to or subsequent to said close-out, termination or change of status. 9. The COUNTY and the MUNICIPALITY will comply with the Housing Assistance Plan and the implementing program as outlined in the Community Development Block Grant Final Statement of Objectives and Projected Use of Funds submitted Interlocal Agreement - Page 5 10. This Agreement shall give the COUNTY authority to carry out activities which will be funded from annual appropriations of CDBG entitlement funds and program income during Federal Fiscal Years 1991, 1992, and 1993, and shall terminate upon completion of all activities and expenditures of all obligated funds to the MUNICIPALITY for such period. 11. This Agreement is contingent upon the COUNTY'S qualification as an "urban county" and award of funds under the Housing and Community Development Act of 1980, as amended. 12. Any prior agreements or contracts regarding the duties and obligations of the parties enumerated herein are hereby declared to be null and void. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Tammy R. Fields Assistant County Attorney Palm Beach County ATTEST: BY: John B. Dunkle, Clerk Board of County Commissioners Palm Beach County ATTEST:,, City Clerk (SEAL) COUNTY PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS BY: Chair (or Vice -Chair) Board of County Commissioners Palm Beach County (SEAL) MUNICIPALITY BY: Mayor BY: City Manager (If Applicable) Ref: CONTRACS Interlocal Agreement - Page 6 LEGAL CERTIFICATION BY PALK BEACH COUNTY As Legal Counsel for Palm Beach County, I hereby state that the terms and provisions of this Agreement are fully authorized under State and local law, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. Tammy R. Fields Assistant County Attorney Palm Beach County