HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 02_05/16/20081. VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
Meeting Date:
06/12/08 Meeting Type: Regular Ordinance #: Click here to enter text.
Consent Agenda: Choose an item. Resolution #: 26-08
Originating Department: Manager
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Requesting the approval to renew the Village of Tequesta's participation in the Palm Beach County Urban
County Program for FY 2009-2011.
3. BUDGET /FINANCIAL IMPACT:
Account #: Click here to enter text. Amount of this item: Click here to enter text.
Current Budgeted Amount Available: Amount Remaining after item:
Click here to enter text. Click here to enter text.
Budget Transfer Required: Choose an Appropriate Fund Balance: Choose an item.
item.
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Requesting the approval to renew the Village of Tequesta's participation in the Palm Beach County Urban
County Program for FY's 2009-2011. This will enable the Village and its residents to have continued access to
Community Development Block Grant (CDBG) and the Home Invest Partnerships (HOME) program funds as a
part of the Palm Beach County Entitlement Jurisdiction.
5. APPROVALS:
Dept. Head: 1---''~~ ~- -~"'~~-~--finance Director:
Attorney: (for legal sufficiency)
Village Manager: -~-`
• SUBMIT FOR COUNCIL DISCUSSION: ^
• APPROVE ITEM: ^
Yes ^ No ^
• DENY ITEM: ^
MEMORANDUM
Village of Tequesta
Administration
TO: Village Council
FROM: Michael Couzzo, Village Manager
DATE: May 15, 2008
SUBJECT: Authorizing the approval to renew the Village of Tequesta's participation in
the Palm Beach County Urban County Program for FY 2009-2011,
Attached for your review and approval, Resolution 26-08 requesting to renew the
Interlocal Cooperation Agreement between Palm Beach County and the Village of
Tequesta to have common power to perform Community Development Block Grant
(CDBG) and Home Investment Partnerships Program (HOME) activities within the
county for Fiscal Years 2009-2011.
I respectfully request that Council approve to renew the Village of Tequesta's
participation in the Palm Beach County Urban County Program.
RESOLUTION NO. 26-08
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, APPROVING THE RENEWAL OF AN
INTERLOCAL COOPERATION AGREEMENT BETWEEN PALM
BEACH COUNTY AND THE VILLAGE OF TEQUESTA TO HAVE
COMMON POWER TO PERFORM COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS
PROGRAM (HOME) ACTIVIITES WITHIN THE COUNTY, SAID
COMMON POWERS BEING PURSUANT TO SECTION 125.01,
FLORIDA STATUES, AND CHAPTER 163, PART III, FLORIDA
STATUES, AND FOR OTHER PURPOSES.
WHEREAS, Section 163.01, Florida Statues, known as the "Florida Interlocal
Cooperation Act" authorizes local governments to make the most efficient use of
their powers by enabling them to cooperate with other localities on a basis of
mutual advantage and thereby to provide services and facilities that will
harmonize geographic, economic, population and other factors influencing the
needs and development of local communities;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 Resolution No. 26-08, approving the renewal of the Interlocal
cooperation agreement between Palm Beach County and the Village of Tequesta
for the common power to perform Community Development Block Grant (CDBG)
and Home Investment Partnership Program (HOME) activities within the County,
attached hereto as Exhibit "A" is hereby approved.
Section 2 This Resolution shall become effective immediately upon passage.
March 26, 2008 ~~~~~~~ OF
~'~~~xcOG ~~~~ESTA
2
~ APR (~ 1 208
• • Mr. Michael R. Couzzo, Jr., Manager
Village of Tequesta l;l t~. ~+ ~ ~ ~° ~,1 ~ N T ;~ F
~LORI9~' 345 Tequesta Drive Ct~IUliVIUI\{'~'1"Y l~E~/E~OpMENT
Tequesta, Florida 33469
Re: Participation in the Urban County Program for FY 2009-20011
Housing & Community
Development
Dear Mr. Couzzo:
160 Australian Avenue, Suite 500
I am writing this letter to solicit the renewal of the Village of Tequesta's participation in the
West Palm Beach, FL 33406
Palm Beach County Urban County Program. This will enable your municipality and your
(561) 233-3600 residents to continue to access Community Development Block Grant (CDBG) and the
Fax: (561) 233-3651 Home Investment Partnerships (HOME) program funds as a part ofthe Palm Beach County
Entitlement Jurisdiction. These funds are generally targeted to benefit persons/families
www.pbcgov.com who are deemed to be of low and moderate-income. Palm Beach County Housing and
Community Development (HCD) manages the administration of the funds and ensures
compliance with HUD guidelines. Activities eligible for funding include (among others):
^
• capital improvement projects
Palm Beach County public services
Board of County economic develo ment initiatives
Commissioners p
• emergency repairs to housing
Addle Green, Chairperson mortgage subsidies for first-time homebuyers
Jeff Koons, vice chair housing rehabilitation
Karen Marcus To assist you in continuing access to these funds, I am enclosing your renewal Interlocal
Cooperation Agreement. In consideration of HUD's submission requirements, I
Robert J. Kanjian
respectfully request that you schedule this item for consideration at your next commission
Mary McCarty meeting. An HCD staff member is available to attend to give a presentation and also to
answer any questions. If HCD representation is requested/required, please advise.
Burt Aaronson
Jess R. santamaria In order to renew your participation in the Urban County
Program, the Village of Tequesta must notify HCD and HUD,
in writing, of the Village of Tequesta's official decision to do
County Administrator SO.
Robert Weisman, P.E. The municipality must also execute an Interlocal Cooperation
Agreement with Palm Beach County for a term of three (3)
fiscal years: FY 2009, 2010, and 2011.
• HCD must also have evidence that the Village of Tequesta
`An Squat Opportunity Commission has authorized the Agreement. By way of
Affirmative Action Employer° either a certified resolution or a certified copy of the minutes
from the meeting at which the agreement was approved. Either
document must be an original with the actual signatures and a
raised seal.
'~'~yACI1 c,°G
' ~
• •
\LORI~/
Housing & Community
Development
160 Australian Avenue, Suite 500
West Palm Beach, FL 33406
(561)233-3600
Fax: (561)233-3651
www.pbcgov.com
^
Palm Beach County
Board of County
Commissioners
Addie Green, Chairperson
Jeff Koons, Vice Chair
Karen Marcus
Robert J. Kanjian
Mary McCarty
Burt Aaronson
Jess R. Santamaria
County Administrator
Robert Weisman, P.E.
Please return:
• One (1) executed and sealed Interlocal Cooperation
Agreement.
• Three (3) executed signature pages.
• Certified Resolution or Minutes
These documents must be received no later than May 6, 2008 to allow for the Palm Beach
County Board of County Cotrunissioners'timely approval and forwarding to HUD. One (1)
original Agreement will be returned to you after approval and execution by the Board of
County Commissioners.
If you have any questions, please contact Clement Clarke or Scott Schultz, at (561) 233-
3616.
Sincerely,
''~ , t~
y5.~ .
~-~ . ~ -,
--•G:,
Edward W. Lowery, J.D., Director
Housing and Community Development
Enclosures: Interlocal Cooperation Agreement (1)
Signature Pages (3)
cc: Shannon LaRocque, Assistant County Administrator, PBC
Elena M. Escovar, Planning & E.D. Manager, HCD
Clement C. Clarke, Principal Planner, HCD
Carlos R. Serrano, Senior Planner, HCD
Scott Schultz, Planning Assistant, HCD
Ref: S:\2008_09\Urban County Qualification\2008 to 2011 Municipality Letter Form (ALL).wpd
"An Equal Opportunity
Affirmative Action Employer"
INTERLOCAL COOPERATION AGREEMENT
BETWEEN PALM BEACH COUNTY
AND
VILLAGE OF TEQUESTA
THIS INTERLOCAL COOPERATION AGREEMENT made and entered into this _ day of
_, 2008 by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafer referred
to as the "COUNTY", and ,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) and Home Investment Partnerships Program (HOME) activities within the COUNTY, said common powers
being pursuant to Section 125.01, Florida Statutes, and Chapter 163, Part III, Florida Statutes; and
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act" authorizes
local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on
a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic,
population and other factors influencing the needs and development of local communities; 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, these Interlocal Cooperation Agreements aze also required to implement HOME under Title II of
the National Affordable Housing Act of 1990, as amended; and
WHEREAS, the COUNTY desires to join with municipalities in order to carry out the planning and professional
services necessary to implement the CDBG and HOME Programs during Federal Fiscal Yeazs 2009, 2010, 2011; and
WHEREAS, the COUNTY and MUNICIPALITY agree to cooperate to undertake or assist in undertaking
community renewal and lower income housing assistance activities; and
WHEREAS, the COUNTY and MUNICIPALITY wish to cooperate in the implementation of the goals and
objectives of the COUNTY'S Consolidated 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 Development Block Grant and HOME Programs.
NOW, THEREFORE, the parties hereby agree as follows:
1. The COUNTY and the MUNICIPALITY will cooperate so that the COUNTY may expend
CDBG and HOME funds for eligible activities within the MUNICIPALITY during Federal
Fiscal Yeazs 2009, 2010, 2011 (including program income generated from expenditure of
such funds) under Title I of the Housing and Community Development Act of 1974, as
amended, and Title II ofNational Affordable Housing Act of 1990, as amended, and receive
funds under these Acts.
2. The COUNTY and the MUNICIPALITY will cooperate to undertake, or assist in
undertaking, community renewal and lower income housing assistance activities.
3. With the MUNICIPALITY'S assistance, the COUNTY will prepare a Consolidated Plan as
required by the 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.
The COUNTY and the MUNICIPALITY agree that the COLTITY is hereby allowed to
undertake or assist in undertaking essential community development and housing assistance
activities within the MUNICIPALITY; however, the COUNTY has fmal responsibility for
selecting activities and annually submitting the Consolidated Plan to HUD.
4: The MUNICIPALITY and the COUNTY will take all actions necessary to assure
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 1964, the Fair Housing Act, Section 109 of Title I of the
Housing and CommunityDevelopment Act of 1974, the Americans with Disabilities Act
of 1990, and other applicable laws. The COUNTY shall not use CDBG or HOME
VILLAGE OF TEQUESTA
funds for activities in or in support of any MUNICIPALITY that does not affu-matively
further fair housing within its own jurisdiction or that impedes the COUNTY'S actions
to comply with its fair housing certification.
5. The MUNICIPALITY, by executing this Agreement, understands that it may not apply
for grants under the Small Cities or State CDBG Programs from appropriations for
Fiscal Yeazs 2009, 2010, 2011; and may not participate in a HOME consortium except
through the COUNTY.
6. The MUNICIPALITY has adopted and is enforcing a policy prohibiting the use of
excessive force by law enforcement agencies within its jurisdiction against any
individuals engaged innon-violent civil rights demonstrations; and a policy of enforcing
applicable State and local laws against physically barring entrance to, or exit from a
facility or location which is the subject of such non-violent civil rights demonstrations
within jurisdictions.
7. The COUNTY, through its Department ofHousing and Community Development, shall
assist the MUNICIPALITY in undertaking all professional and administrative services
necessary for the purposes of implementing CDBG or HOME activities, including
preparation of all applications and other necessary documents, planning and other
administrative activities, as required.
8. Pursuant to 24 CFR 570.501(b), the MUNICIPALITY is subject to the same
requirements applicable to subrecipients, including the requirements of a written
agreement as described in 24 CFR 570.503.
9. The MUNICIPALITY shall be responsible for notifying the COL`NTY 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 pazt with CDBG or HOME 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 or HOME 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 or
non-HOME funds) of the property by the MUNICIPALITY.
In the event of a close-out or change of status of the MUNICIPALITY, ternurtation of this Agreement, or
disposition and/or transfer of any property improved or acquired with CDBG or HOME 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.
10. The COUNTY and the MUNICIPALITY will comply with the Consolidated Plan and
the implementing program as outlined in the Annual Consolidated Plan, which governs
the expenditure of CDBG and HOME funds.
11. This Agreement shall give the COUNTY authority to carry out activities which will be
funded from annual appropriations of CDBG and HOME entitlement funds andprogram
income through Federal Fiscal Years 2009, 2010, 2011. The Agreement shall remain
in effect until all CDBG funds, HOME funds and any program income received with
respect to activities carried out during the three-year qualification period are expended,
and the funded activities are completed, and that the COUNTY and MLTIICIPALITY
may not terminate or withdraw from the Agreement while it remains in effect.
12. 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 1974, as
amended, and the National Affordable Housing Act of 1990, as amended.
13. Nothing contained herein shall be deemed to authorize the delegation of the
constitutional or statutory duties of the state, county or municipal officers.
VILLAGE OF TEQUESTA
14. A copy of this Agreement shall be filed with the Clerk and Comptroller in and for Palm
Beach County.
15. Any prior agreements or contracts regarding the duties and obligations of the parties
enumerated herein are hereby declared to be null and void.
VILLAGE OF TEQUESTA
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized officials.
ATTEST:
SHARON R. BOCK, Clerk & Comptroller PALM BEACH COLIVTY, FLORIDA, a Political Subdivision
of the State of Florida
BOARD OF COUNTY COMMISSIONERS
By: By.
Deputy Clerk Addie Greene, Chairperson
Approved as to Form and Legal Approved as to Terms and Conditions
Sufficiency: Dept. of Housing and Community Development
By: gy.
Tammy K. Fields Edward Lowery, Director
Senior Assistant County Attorney Housing and Community Development
ATTEST: VILLAGE OF TEQUESTA, a municipality duly
organized by the laws of the State of Florida
Clerk Mayor
(SEAL)
Manager (If Applicable)
VILLAGE OF TEQUESTA
LEGAL CERTIFICATION BY PALM 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, community renewal and lower income housing assistance activities.
Tammy K. Fields, Senior Assistant County Attorney
Palm Beach County, Florida