Legislative Matter

Miami-Dade Legislative Item
File Number: 111445

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Clerk's Official Copy

File Number: 111445

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-697-11

Control: Board of County Commissioners

File Name: COMMUNITY INPUT COMMUNITY DEVELOPMENT REALLOCATIONS

Introduced: 6/27/2011

Requester: NONE

Cost:

Final Action: 9/1/2011

Agenda Date: 9/1/2011

Agenda Item Number: 11A12

Notes:

Title:

RESOLUTION REQUIRING A GREATER PUBLIC PARTICIPATION PRIOR TO BRINGING ANY RESOLUTION RECOMMENDING THE REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG), HOME INVESTMENT PARTNERSHIP PROGRAM (HOME), EMERGENCY SOLUTIONS GRANT PROGRAM (ESG), STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) AND/OR LOCAL DOCUMENTARY SURTAX (SURTAX) FUNDS BEFORE THE FULL BOARD OF COUNTY COMMISSIONERS, UNLESS CERTAIN CONDITIONS APPLY

Indexes:

CDBG FUNDS

Sponsors:	Rebeca Sosa, Prime Sponsor
	Jean Monestime, Co-Sponsor
	Dennis C. Moss, Co-Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Lynda Bell, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	9/1/2011	11A12	Adopted				P
REPORT:	Commissioners Bell and Edmonson asked to be added as co-sponsors to the foregoing proposed resolution. Chairman Martinez noted his concern that according to handwritten page 5, Section 2, the Mayor could implement changes to the re-allocation recommendations without receiving input from the County Commission. He asked that any proposed changes be presented to the Commission. Assistant County Attorney Brenda Neuman noted that the Mayor could make changes to staff recommendations after the proposed changes were presented to the Community Advisory Committee and prior to approval by the County Commission. Hearing no further questions or comments, the Commission proceeded to vote on the foregoing proposed resolution as presented. Following the vote, Commissioner Jordan expressed her desire to hire a Community Development Department Director with knowledge of Community Development Block Grants. She inquired about the status of recruitment efforts for this position. Mayor Gimenez noted that his plan was to reduce the number of County departments and he was hopeful a current department director could assume this position, rather than new director from outside County government. Commissioner Jordan commented that this Department was federally funded and she did not believe anyone currently existed within County government that fully understood federal guidelines and related requirements. She noted that whoever was selected for this position needed to be on top of the issues, capable of answering the important questions, and capable of keeping the County out of trouble.

Economic Development & Social Services Committee	7/13/2011	2C	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Terrence Smith read the foregoing proposed resolution into the record. It was moved by Commissioner Moss, that the Committee forward this proposed resolution as presented. Commissioner Monestime seconded this motion for discussion. A brief discussion ensued between Commissioner Monestime and Assistant County Attorney Brenda Neuman regarding the intent of this proposed resolution that would require greater public participation prior to bringing a resolution forward, recommending reallocation of Community Development funds. Commissioners Moss and Monestime asked to be listed as cosponsors on this proposed resolution. Hearing no further questions or comments, the Committee proceeded to vote on this proposed resolution as presented.

County Attorney	6/27/2011		Assigned	Brenda Kuhns Neuman

County Attorney	6/27/2011		Referred	Economic Development & Social Services Committee	7/13/2011

Legislative Text

TITLE
RESOLUTION REQUIRING A GREATER PUBLIC PARTICIPATION PRIOR TO BRINGING ANY RESOLUTION RECOMMENDING THE REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG), HOME INVESTMENT PARTNERSHIP PROGRAM (HOME), EMERGENCY SOLUTIONS GRANT PROGRAM (ESG), STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) AND/OR LOCAL DOCUMENTARY SURTAX (SURTAX) FUNDS BEFORE THE FULL BOARD OF COUNTY COMMISSIONERS, UNLESS CERTAIN CONDITIONS APPLY

BODY
WHEREAS, the County awards Community Development Block Grant Program (�CDBG�), Home Investment Partnership Program (�HOME�), Emergency Solutions Grant Program (�ESG�), State Housing Initiatives Partnership Program (�SHIP�) and local Documentary Surtax (�Surtax�) funds (hereinafter to be collectively referred to as �Community Development Funds�) for community development, economic development, affordable housing and other social service activities and projects throughout the County (hereinafter to be collectively referred to as �Community Development Projects�); and
WHEREAS, the Mayor or the Mayor�s designee develops recommendations for funding particular Community Development Projects; and
WHEREAS, these recommendations are based upon policies adopted by the Board of County Commissioners (the �Board�) in a five-year Consolidated Plan Policy Paper and a subsequent Request for Applications (�RFA�) process conducted by the Department of Housing and Community Development (�DHCD�); and
WHEREAS, such Community Development Projects may experience funding deficiencies or other issues which delay their progress or cause them to be non-performing; and
WHEREAS, the County is obligated by the respective funding source to expend the Community Development Funds in a timely manner; and
WHEREAS, it is often in the best interest of the County to recapture funds from delayed or non-performing Community Development Projects in order to reallocate them to other activities or projects in order to expend the Community Development Funds in a timely manner; and
WHEREAS, the public has an interest in providing comments and input as to these reallocations of the Community Development Funds; and
WHEREAS, the Neighborhood Revitalization Strategy Area (NRSA) Community Advisory Committees (CAC) have expressed a desire for greater involvement in recommendation process for recapturing and reallocating CDBG funds which affect their respective NRSA; and
WHEREAS, this Board wishes to provide a greater opportunity for the public and CACs to participate in the reallocation process for Community Development Funds in order to ensure that these funds are maximized to the benefit of the residents of the County,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. Prior to presenting to the full Board any resolution recommending the reallocation of Community Development Funds, the residents of Miami-Dade County shall be afforded an opportunity to comment on the reallocation recommendations and in a public hearing to be held before the appropriate Board committee.
Section 2. Prior to holding a public hearing before a Board committee on any resolution recommending the reallocation of CDBG funds, the Mayor or Mayor�s Designee shall transmit its recommendations to the NRSA CACs that will be impacted by such recommendations. The CACs shall be afforded an opportunity to provide feedback on the recommendations during the federally required 30-day public comment period and prior to the public hearing before a Board committee. The Mayor or Mayor�s designee shall then make appropriate changes to the reallocation recommendations as necessary and/or report a summary of the CAC recommendations to the Board in the form of an interoffice memorandum or supplemental report to the resolution. These steps will give the Board an opportunity to consider adjusting the recommendations made in the resolution based upon the feedback of the NRSAs.
Section 3. Except where otherwise required by appropriate law, regulation, rule, or resolution, the requirements set forth in this resolution shall not apply in the event that (i) the Community Development Funds are at risk of being recaptured by the agency administering the funding, (ii) the County risks suffering a monetary penalty, (iii) the County is approaching an expenditure deadline, or (iv) the Mayor or Mayor�s designee determines that it is in the best interest of the County not to provide the public hearing required herein.