Legislative Matter

Miami-Dade Legislative Item
File Number: 112205

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Clerk's Official Copy

File Number: 112205

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-1058-11

Control: Board of County Commissioners

File Name: URBAN COUNTY QUALIFICATION PROCESS

Introduced: 10/21/2011

Requester: Public Housing and Community Development

Cost:

Final Action: 12/6/2011

Agenda Date: 12/6/2011

Agenda Item Number: 8L3

Notes:

Title:

RESOLUTION AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE, TO ENTER INTO COOPERATION AGREEMENTS WITH UNITS OF GENERAL LOCAL GOVERNMENT WHICH ARE ELIGIBLE TO PARTICIPATE IN MIAMI-DADE COUNTY’S URBAN COUNTY QUALIFICATION PROCESS WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO EXECUTE ALL CONTRACTS, AGREEMENTS AND AMENDMENTS NECESSARY TO CARRY OUT THE ABOVE PROGRAM; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXERCISE ALL CANCELLATION PROVISIONS CONTAINED THEREIN

Indexes:

NONE

Sponsors:

NONE

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	12/6/2011	8L3	Adopted				P

Economic Development & Social Services Committee	11/9/2011	3E	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 Bell that the foregoing proposed resolution be forwarded to the BCC with a favorable recommendation. This motion was seconded by Commissioner Moss, followed by discussion. Chairwoman Sosa granted Commissioner Moss’ request that two Community Advisory Committee (CAC) chairpersons, present today, be allowed to address the Committee on issues related to this item. Mr. Kevin Forbes, 25121 SW 120 Place, Princeton, appeared and advised that, although his organization previously submitted a letter requesting information about the Corporations Agreements, referenced in the foregoing resolution, to no avail. He noted in order for his group to understand the fairness of the process, it should have be allowed to review the past Agreements with the Units of General Local Governments. Mr. Forbes stated funding information from a three-year report created through a request by Commission Moss during his tenure as Commission Chair. He noted the three-year report reflected a $3 million funding pool designated for economic development failed to create or retain any job(s) for the Neighborhood Revitalization Strategic Areas. Mr. Forbes asked that the CAC Chairpersons be allowed to observe the funding distribution process. Mr. Alphonso McCray, 18040 SW 104 Avenue, Perrine, appeared and noted the letter referenced by Mr. Forbes was written in July of this year (2011), and forwarded by the County Commission to the County Mayor’s Office. He reiterated that no response was received regarding their request or concerns. Mr. McCray stated the group (CAC Chairpersons) also requested copies of the Cooperation Agreement with the South Miami unit, for which no response was received. He asked for direction on how to obtain the information requested. Mr. Elijah Dukes, 12268 SW 217 Street, Goulds, appeared and concurred with his colleagues, the previous speakers. He reiterated the importance of the CAC Chairpersons being provided the information they requested to make informed decisions within their respective CACs. Commissioner Moss asked Mr. Gregg Fortner, Department of Public Housing and Community Development Director, to make copies of the Urban Qualification Cooperation Agreement for the Miami-Dade County Community Development Block Grant and Home Investment Partnerships Program Funds for Fiscal Year 2012 through 2014 available to Community Advisory Committees (CAC) and other affected organizations upon request. There being no further questions or comments, the Committee proceeded to vote. Chairwoman Sosa asked Mr. Fortner to place the Community Development Block Grant qualifications, guidelines, and re-evaluation of areas in Miami-Dade County, on the agenda for discussion at the December 14, 2011 Economic Development & Social Services Committee meeting.

County Attorney	10/31/2011		Assigned	Brenda Kuhns Neuman

County Mayor	10/21/2011		Assigned	Russell Benford

County Mayor	10/21/2011		Assigned	County Attorney	12/6/2011
REPORT:	PHCD-Pending Committee-CAO: Brenda Newman

Legislative Text

TITLE
RESOLUTION AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE, TO ENTER INTO COOPERATION AGREEMENTS WITH UNITS OF GENERAL LOCAL GOVERNMENT WHICH ARE ELIGIBLE TO PARTICIPATE IN MIAMI-DADE COUNTY�S URBAN COUNTY QUALIFICATION PROCESS WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO EXECUTE ALL CONTRACTS, AGREEMENTS AND AMENDMENTS NECESSARY TO CARRY OUT THE ABOVE PROGRAM; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXERCISE ALL CANCELLATION PROVISIONS CONTAINED THEREIN

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board authorizes the County Mayor or County Mayor�s designee to enter into cooperation agreements with units of general local government which submit a cooperation agreement, executed by the governing body of the unit of general local government, expressing their intent to participate with the County in its urban county qualification submission; authorizes the County Mayor or County Mayor�s designee to execute contracts, agreements and amendments, as are required, following approval by the County Attorney�s Office and subject to proper execution by the parties; and to exercise the cancellation provisions contained therein.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Execution of Cooperation Agreements between Units of General Local Government and Miami-Dade County
..Recommendation
It is the recommended that the Board of County Commissioners (BCC) authorize the County Mayor or the County Mayor�s designee, as part of Miami-Dade County�s (County) three-year (FY 2012 -2014) Urban County Qualification process with the US Department of Housing and Urban Development (US HUD), to enter into Cooperation Agreements (attached) with Units of General Local Governments (UGLGs) which are eligible to participate in the County�s process.

Scope
There are 28 UGLGs which are eligible to participate with the County and letters of invitation have been submitted to each jurisdiction requesting that their governing bodies execute cooperation agreements indicating their intent.

Fiscal Impact/Funding Source
There is no fiscal impact from this item.

Track Record/Monitor
Staff of the Department of Public Housing and Community Development (DPHCD) will, as part of the County�s annual Action Plan, monitor the award of federal program funds to UGLGs which have received funding through the County�s annual Request For Application (RFA) process for the award of Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) program funds.

BODY
US HUD requires counties to qualify or re-qualify for entitlement status as Urban Counties, in order to participate in the CDBG, HOME, and Emergency Solution Grant (ESG) programs. Re-qualification for entitlement status means that the County will continue to be entitled to receive an annual allocation of CDBG funds from US HUD. The amount of the County�s annual CDBG entitlement is based on the low- to moderate-income population of all UGLGs which participate as a part of the County�s boundaries configuration.

The County�s current Urban County Qualification status expires December 2011 and the County has submitted an application to be re-qualified as an Urban County for the period 2012 � 2014. As part of the qualifying process, the County is required to: a) notify each included unit of general local government, where the County is authorized to undertake essential community development and housing assistance activities without the consent of the governing body of the locality, of its right to elect to be excluded from the urban county and the date by which it must make such election and b) enter into cooperation agreements with any such units of general local government that are to become a part of the urban county. The requalification process also allows for existing qualified Urban Counties, such as Miami-Dade County, to include previously non-participating UGLGs.

On June 21, 2011, letters of invitation were sent to each of the 28 UGLGs which are eligible to participate in the County�s process. The governing body of the UGLG is required to formally indicate its intent to participate or not to participate with the County. If the governing body elects to participate then it must execute a Cooperation Agreement with the County indicating its intent. UGLGs were informed that should their governing body elect to remain with the County, the UGLG is ineligible to apply for grants under the State CDBG program while it is part of the urban county. DPHCD, which is the lead County agency that administers the CDBG, HOME and ESG programs, continues to work with each of the UGLGs to obtain their executed Cooperation Agreements.

Attachment

_______________________________
Deputy Mayor