Miami-Dade Legislative Item
File Number: 202068
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File Number: 202068 File Type: Resolution Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: 2020 CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT Introduced: 10/2/2020
Requester: Public Housing and Community Development Cost: Final Action:
Agenda Date: 10/20/2020 Agenda Item Number: 14A10
Notes: SEE 202196 FOR FINAL VERSION AS ADOPTED PH @ COMMITTEE Late Item For Oct Title: RESOLUTION APPROVING, AFTER A PUBLIC HEARING, THE FISCAL YEARS (FY) 2020-2024 CONSOLIDATED PLAN AND FY 2020 ACTION PLAN WITH FUNDING RECOMMENDATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), CDBG PROGRAM INCOME, HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM, HOME PROGRAM INCOME AND EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM FUNDS FOR SUBMITTAL TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (U.S. HUD); APPROVING THE BIFURCATION OF THE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT CITIZEN PARTICIPATION PLAN WITHIN THE CONSOLIDATED PLAN AND THE COMMUNITY ACTION AND HUMAN SERVICES DEPARTMENT'S CITIZEN PARTICIPATION PLAN; APPROVING A SUBSTANTIAL AMENDMENT TO THE FY 2013-2017 CONSOLIDATED PLAN, AS EXTENDED THROUGH 2019, AND THE FY 2017 - 2019 ACTION PLANS FOR CDBG, ESG AND CDBG-CV FUNDS MADE AVAILABLE BY THE 2020 CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT); APPROVING PAYMENT OF THE 2020 FINANCIAL OBLIGATION TO U.S. HUD FOR SECTION 108 LOAN DEBT; RESCINDING RESOLUTION NUMBER R-596-12 AND APPROVING A PROSPECTIVE POLICY FOR CONSOLIDATED PLAN YEARS 2020 TO 2024 TO REQUIRE THAT ALL ALLOCATIONS BE BASED ON CONSOLIDATED PLAN PRIORITY NEEDS AND GOALS THROUGHOUT THE COUNTY; APPROVING A POLICY TO RESTRICT ANY NEW CDBG PUBLIC FACILITY OR CAPITAL IMPROVEMENT PROJECT IN THE 2020-2024 ACTION PLANS TO NO MORE THAN 20 PERCENT OF THE ACTION PLAN YEAR'S ANNUAL CDBG ALLOCATION IN YEARS WHEN THE OVERALL UNSPENT BALANCES ON OPEN PUBLIC FACILITY AND CAPITAL IMPROVEMENT PROJECTS ARE MORE THAN 40 PERCENT OF THE OVERALL UNSPENT CDBG BALANCE; APPROVING THE DELEGATION OF AUTHORITY TO THE COUNTY MAYOR OR THE COUNTY MAYOR'S DESIGNEE TO ADDRESS SPENDING RATIO CHALLENGES DURING ACTION PLAN YEARS 2020 TO 2024 BY LIMITING THE EXPENDITURE TIMEFRAME OF COMMISSION DISTRICT FUNDS TO 12 MONTHS; APPROVING A THIRD CONTRACT EXTENSION FOR THE SUNDARI FOUNDATION, INC., D/B/A LOTUS HOUSE WOMEN'S SHELTER 2017 EMERGENCY SOLUTIONS GRANT TENANT BASED RENTAL ASSISTANCE ACTIVITY; APPROVING THE DELEGATION OF AUTHORITY TO THE COUNTY MAYOR OR THE COUNTY MAYOR'S DESIGNEE TO NEGOTIATE THE TERMS OF AND TO EXECUTE INTERLOCAL AGREEMENTS BETWEEN MIAMI-DADE COUNTY AND THE CITY OF OPA-LOCKA TO COMPLETE ROADWAY AND DRAINAGE AND WATER AND SEWER INFRASTRUCTURE IMPROVEMENT PROJECTS; APPROVING THE DELEGATION OF AUTHORITY TO THE COUNTY MAYOR OR THE COUNTY MAYOR'S DESIGNEE TO ADMINISTRATIVELY RECAPTURE AND REALLOCATE ESG FUNDS ON CERTAIN ACTIVITIES THAT ARE SUBJECT TO AN EXPENDITURE TIMELINESS DEADLINE OF DECEMBER 31, 2020; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE ALL STANDARD SHELL CONTRACTS, AMENDMENTS, STANDARD SHELL LOAN DOCUMENTS, CONDITIONAL LOAN COMMITMENT LETTER AND OTHER AGREEMENTS NECESSARY TO ACCOMPLISH THE PURPOSES OF THIS RESOLUTION, TO SUBORDINATE AND/OR MODIFY AGREEMENTS APPROVED HEREIN IN ACCORDANCE WITH CONDITIONS SET FORTH HEREIN; AND TO EXERCISE THE TERMINATION AND OTHER PROVISIONS CONTAINED THEREIN
Indexes: NONE
Sponsors: Housing, Social Services & Economic Dev. Committee
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 10/22/2020 14A10 Amended
REPORT: See Agenda Item 14A10 Amended, Legislative File No. 202196 for the amended version.

Board of County Commissioners 10/20/2020 14A10 Carried over 10/22/2020

Office of the Chairperson 10/16/2020 Additions

Housing, Social Services & Economic Dev. Committee 10/14/2020 1G2 Forwarded to BCC without recommendation following a public hearing P
REPORT: Commissioner Martinez pointed out the foregoing item was an add-on item on today’s (10/14) agenda and subject to the 3-Day Rule. He referenced the language contained on page 3 of Agenda Item 1G1 relating to the deadline to submit the application and noted the County had already missed the July 15, 2020, deadline. However, the federal government had extended the deadline to October 18, 2020, pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act. He asked if this legislation had the same deadline as Agenda Item 1G1 and asked to be apprised on the consequences of submitting a late application since this item would eventually be approved two (2) days after the October 18th deadline if considered and approved at the Board meeting of October 20, 2020. Commissioner Martinez expressed his concerns for Items 8, 10, and 11 listed under the Mayor’s recommendations relating to delegations of authorities. Mr. Michael Liu, Director, Miami-Dade Public Housing and Community Development (PHCD) Department, advised PHCD would be unable to access its funds from the Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Program if this item was not approved. Mr. Clarence Brown, Division Director, Miami-Dade Community and Housing Management, clarified the federal government extended the deadline for the Consolidated Plan. He stated the County’s Consolidated Plan expired on December 31, 2019; and currently, there was no Consolidated Plan in effect, which was a requirement to access CDBG, HOME, and Emergency Solutions Grant (ESG) funds. He further clarified this resolution largely addressed 2020 CDBG, HOME, and ESG funds. Pursuant to Chairman Moss’ remarks stating that he would like to have this resolution considered by the full Board even if it was forwarded without a committee recommendation, Commissioner Martinez stated he would not invoke the 3-Day Rule. Assistant County Attorney Brenda Neuman read the title of the foregoing proposed resolution into the record. Chairman Moss opened the public hearing; and hearing no one wishing to speak, the public hearing was closed. Pursuant to Commissioner Martinez’ inquiry, Mr. Liu explained Item Number 8 listed under the Mayor’s recommendations would establish timeframes whereby commissioners would set forth their Commission District Fund (CDF) distributions under the CDBG Program. Discussion ensued between Commissioner Martinez and Mr. Brown regarding the percentage ratio of CDBG fund expenditures, the recapturing of funds, and how the recapturing of funds would impact the senior center project located in Westwind Lakes Park. Pursuant to Commissioner Martinez’ concerns regarding the senior center project at Westwind Lakes Park, Mr. Liu clarified the percentage ratio of CDBG funds utilization was below 1.5% as reported on the latest report dated October 12, 2020. Chairman Moss noted the foregoing resolution would be forwarded to the Board of County Commissioners without a committee recommendation. Hearing no other comments or objections, the members of this Committee proceeded to take a vote on the foregoing resolution as present.

Office of the Chairperson 10/13/2020 Additions

County Attorney 10/12/2020 Assigned Brenda Kuhns Neuman 10/13/2020

County Attorney 10/12/2020 Assigned Office of Agenda Coordination 10/12/2020
REPORT: item returned to the Dept. with edits

County Attorney 10/10/2020 Assigned Brenda Kuhns Neuman 10/12/2020

Office of Agenda Coordination 10/10/2020 Assigned County Attorney 10/10/2020
REPORT: PHCD (revised attachments 1 thru 7, memo, resolution

County Attorney 10/9/2020 Assigned Office of Agenda Coordination 10/9/2020
REPORT: item returned to Dept. with edits

County Attorney 10/9/2020 Assigned Brenda Kuhns Neuman 10/9/2020

Office of Agenda Coordination 10/8/2020 Assigned County Attorney 11/19/2020
REPORT: PHCD-Pending Oct cmte Cycle-late item(Late memo Attached)-November 19 BCC-County Attorney:Brenda K. Neuman-HSSED sponsor- (Sponsorship request email attached)Attachments:Exhibit 1-7-Page Numbers:384

Maurice Kemp 10/8/2020 Assigned Office of Agenda Coordination 10/8/2020 10/8/2020

Legislative Text


TITLE
RESOLUTION APPROVING, AFTER A PUBLIC HEARING, THE FISCAL YEARS (FY) 2020-2024 CONSOLIDATED PLAN AND FY 2020 ACTION PLAN WITH FUNDING RECOMMENDATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), CDBG PROGRAM INCOME, HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM, HOME PROGRAM INCOME AND EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM FUNDS FOR SUBMITTAL TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (U.S. HUD); APPROVING THE BIFURCATION OF THE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT CITIZEN PARTICIPATION PLAN WITHIN THE CONSOLIDATED PLAN AND THE COMMUNITY ACTION AND HUMAN SERVICES DEPARTMENT'S CITIZEN PARTICIPATION PLAN; APPROVING A SUBSTANTIAL AMENDMENT TO THE FY 2013-2017 CONSOLIDATED PLAN, AS EXTENDED THROUGH 2019, AND THE FY 2017 - 2019 ACTION PLANS FOR CDBG, ESG AND CDBG-CV FUNDS MADE AVAILABLE BY THE 2020 CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT); APPROVING PAYMENT OF THE 2020 FINANCIAL OBLIGATION TO U.S. HUD FOR SECTION 108 LOAN DEBT; RESCINDING RESOLUTION NUMBER R-596-12 AND APPROVING A PROSPECTIVE POLICY FOR CONSOLIDATED PLAN YEARS 2020 TO 2024 TO REQUIRE THAT ALL ALLOCATIONS BE BASED ON CONSOLIDATED PLAN PRIORITY NEEDS AND GOALS THROUGHOUT THE COUNTY; APPROVING A POLICY TO RESTRICT ANY NEW CDBG PUBLIC FACILITY OR CAPITAL IMPROVEMENT PROJECT IN THE 2020-2024 ACTION PLANS TO NO MORE THAN 20 PERCENT OF THE ACTION PLAN YEAR'S ANNUAL CDBG ALLOCATION IN YEARS WHEN THE OVERALL UNSPENT BALANCES ON OPEN PUBLIC FACILITY AND CAPITAL IMPROVEMENT PROJECTS ARE MORE THAN 40 PERCENT OF THE OVERALL UNSPENT CDBG BALANCE; APPROVING THE DELEGATION OF AUTHORITY TO THE COUNTY MAYOR OR THE COUNTY MAYOR'S DESIGNEE TO ADDRESS SPENDING RATIO CHALLENGES DURING ACTION PLAN YEARS 2020 TO 2024 BY LIMITING THE EXPENDITURE TIMEFRAME OF COMMISSION DISTRICT FUNDS TO 12 MONTHS; APPROVING A THIRD CONTRACT EXTENSION FOR THE SUNDARI FOUNDATION, INC., D/B/A LOTUS HOUSE WOMEN'S SHELTER 2017 EMERGENCY SOLUTIONS GRANT TENANT BASED RENTAL ASSISTANCE ACTIVITY; APPROVING THE DELEGATION OF AUTHORITY TO THE COUNTY MAYOR OR THE COUNTY MAYOR'S DESIGNEE TO NEGOTIATE THE TERMS OF AND TO EXECUTE INTERLOCAL AGREEMENTS BETWEEN MIAMI-DADE COUNTY AND THE CITY OF OPA-LOCKA TO COMPLETE ROADWAY AND DRAINAGE AND WATER AND SEWER INFRASTRUCTURE IMPROVEMENT PROJECTS; APPROVING THE DELEGATION OF AUTHORITY TO THE COUNTY MAYOR OR THE COUNTY MAYOR'S DESIGNEE TO ADMINISTRATIVELY RECAPTURE AND REALLOCATE ESG FUNDS ON CERTAIN ACTIVITIES THAT ARE SUBJECT TO AN EXPENDITURE TIMELINESS DEADLINE OF DECEMBER 31, 2020; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE ALL STANDARD SHELL CONTRACTS, AMENDMENTS, STANDARD SHELL LOAN DOCUMENTS, CONDITIONAL LOAN COMMITMENT LETTER AND OTHER AGREEMENTS NECESSARY TO ACCOMPLISH THE PURPOSES OF THIS RESOLUTION, TO SUBORDINATE AND/OR MODIFY AGREEMENTS APPROVED HEREIN IN ACCORDANCE WITH CONDITIONS SET FORTH HEREIN; AND TO EXERCISE THE TERMINATION AND OTHER 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:

Section 1. This Board ratifies and adopts the matters set forth in the accompanying justification memorandum as if fully set forth herein.

Section 2. This Board approves the Miami-Dade County Fiscal Years (FY) 2020-2024 Consolidated Plan (“Consolidated Plan”), which includes the Citizen Participation Plan, attached hereto as Exhibit 1, and authorizes the County Mayor or County Mayor's designee to submit the Consolidated Plan and Action Plan to the United States Department of Housing and Urban Development (U.S. HUD).

Section 3. This Board approves the bifurcation of the Public Housing and Community Development (“PHCD”) Citizen Participation Plan (“CPP”) within the Consolidated Plan and the Community Action and Human Services Department's (“CAHSD”) Citizen Participation Plan for Community Services Block Grant (“CSBG”) funding.

Section 4. This Board approves the FY 2020 Action Plan for annual submission to U.S. HUD, including the FY 2020 funding recommendations, as identified in Exhibit 2, consisting of $11,261,380.00 of Community Development Block Grant (“CDBG”) Program funds plus CDBG Program Income of $5,492,434.00, $4,962,281.00 of HOME Investment Partnerships Program (“HOME”) Program funds plus HOME Program Income of $1,644,775.56, and $1,127,686.00 of Emergency Solutions Grant (“ESG”) Program funds. The FY 2020 Action Plan includes Commission District Fund (“CDF”) funding recommendations for public service and housing rehabilitation activities. CDBG Program Income of $5,492,434.00 is approved to be redeployed pursuant to section 17-02 of the Code to fund substantial rehabilitation projects at the following sites: Joe Moretti Phase IIB, 96 units for persons at or below 60 percent of the area median income (AMI) located at 400 SW 5th Street, 600 SW 4th Street, 600 SW 8th Avenue and 801 SW 6th Street, Miami, Florida 33125; Robert King High Apartments, 315 total units, with 303 units for persons at or below 30 percent of the AMI and 12 units for persons at or below 60 percent of the AMI, located at 1403 and 1405 NW 7th Street, Miami, Florida 33125; and Three Round Towers B and C, 263 total units, with 90 units for persons at or below 30 percent of the AMI, 38 units for persons at or below 60 percent of the AMI, and 135 units at or below 80 percent of the AMI, located at 2920 and 2940 NW 18th Avenue, Miami, Florida, 33142.

Section 5. This Board approves a Substantial Amendment to the FY 2013-2017 Consolidated Plan, as extended through 2019, and the FY 2017 - 2019 Action Plans in order to recapture and reallocate $152,743.98 of CDBG funds, $686,754.00 of ESG funds, and $2,186,466.40 of CDBG-CV funds, made available by the 2020 Coronavirus Aid, Relief, and Economic Security Act. These recaptures and reallocations are set forth in Exhibits 3-6, attached hereto.

Section 6. This Board approves the payment of the 2020 financial obligation to U.S. HUD of $2,129,053.07 for Section 108 loan debt.

Section 7. This Board rescinds Resolution No. R-596-12, requiring that CDBG funds be directed to Neighborhood Revitalization Strategy Areas, which are eliminated in the proposed Consolidated Plan; and approves a prospective policy for Consolidated Plan years 2020 to 2024 to require all allocations be based on meeting Consolidated Plan priority needs and goals throughout the County; and require all the funding recommendations in Action Plan years 2020 to 2024 be based on funding projects that are timely and meet U.S. HUD spending ratio requirements and national objectives.

Section 8. This Board approves a policy to restrict any new CDBG public facility and or capital improvement project in the 2020-2024 Action Plans to no more than 20 percent of the Action Plan year’s annual CDBG allocation in years when the overall unspent balances on open public facility and capital improvement projects are more than 40 percent of the overall unspent CDBG balance. An exception to this policy may only be used when deemed in the best interest of the County, such as projects related to the County’s housing crisis, County/municipal partnership projects including but not limited to County sustainability programs.

Section 9. This Board approves the delegation of authority to the County Mayor or the County Mayor's designee to address spending ratio challenges during Annual Action Plan years 2020 to 2024 by limiting the expenditure timeframe of Commission District Funds (CDF) to 12 months; allow for the Department to administratively recapture unspent CDF funds after 12 months have elapsed following the Annual Action Plan allocation notification from U.S. HUD, and administratively reallocate them to eligible projects that are progressing and can be completed within 12 months thus not impacting the expenditure ratio. This approval grants the County Mayor or the County Mayor’s designee the authority to allocate, recapture and reallocate CDF funds to projects that address current projects that are progressing without Board approval and to report to the Board biannually on the status of CDF funded projects.

Section 10. This Board approves a third contract extension until December 31, 2020, of the contract with Sundari Foundation, Inc., doing business as Lotus House Women's Shelter. The purpose of the amendment is to give the agency additional time to complete the 2017 ESG activity for the provision of tenant-based rental assistance services.

Section 11. This Board approves the delegation of authority to the County Mayor or the County Mayor's designee to negotiate the terms of and to execute Interlocal Agreements between Miami-Dade County and the City of Opa-Locka. The Interlocal Agreements will authorize the County to complete roadway and drainage improvements and sewer pump station infrastructure improvement proposed projects within the City of Opa-Locka, as identified in the 2020 Action Plan.

Section 12. This Board approves the delegation of authority to the County Mayor or the County Mayor's designee to administratively recapture and reallocate ESG funds on certain activities that are subject to an expenditure timeliness deadline of December 31, 2020. The County Mayor or the County Mayor's designee will report to the Board within 90 days following the December 31, 2020 deadline, to inform the Board of recaptures, reallocations and activities accomplished with the expenditures of ESG projects. The completed report shall be placed on an agenda of the Board in accordance with Ordinance No. 14-65.

Section 13. For all funding allocations authorized in this resolution, this Board authorizes the County Mayor or County Mayor's designee to execute conditional loan commitments in substantially the form attached as Exhibit 7 but customized for the type of funding and project, standard shell contracts, standard shell loan documents, amendments, and other agreements necessary to accomplish the purposes of this resolution; to subordinate and/or modify the terms of contracts, amendments, and loan documents for projects and activities approved herein, so long as such modifications are: (1) approved by the County Attorney’s Office for legal form and sufficiency, (2) not substantially inconsistent with this resolution, and (3) found by the County Mayor or County Mayor's designee to be in the best interest of the County; to execute other documents necessary to accomplish the purposes set forth in this resolution; and to exercise the termination, waiver, acceleration, and other provisions set forth in agreements executed in performance of this resolution.

HEADER
Date: To: Honorable Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners From: Carlos A. Gimenez
Mayor
Subject: Resolution Approving the FY 2020-2024 Consolidated Plan and FY 2020 Action Plan with Funding Recommendations for Community Development Block Grant (CDBG) and CDBG Program Income, Home Investment Partnerships (HOME) Program and HOME Program Income, and Emergency Solutions Grant (ESG) Program Funds; and Approving a Substantial Amendment to the FY 2013-2017 Consolidated Plan, as extended through 2019, and the 2017-2019 Action Plans for CDBG, ESG, and CDBG-CV Coronavirus Aid, Relief and Economic Security (CARES) Act funds

STAFF RECOMMENDATION
RECOMMENDATIONS
It is recommended that the Board of County Commissioners (Board):

1. Approve the Miami-Dade County FY 2020-2024 Consolidated Plan (Consolidated Plan or Plan), which includes the Citizen Participation Plan, attached as Exhibit 1, and authorize the County Mayor or County Mayor’s designee to submit the approved FY 2020-2024 Consolidated Plan to the United States Department of Housing and Urban Development (U.S. HUD).

2. Approve the bifurcation of the Public Housing and Community Development (PHCD) Citizen Participation Plan (CPP) within the Consolidated Plan and the Community Action and Human Services Department’s Citizen Participation Plan for Community Services Block Grant (CSBG) funding. The Community Action and Human Services Department will bring subsequent legislation to the Board to request approval of their citizen participation plan.

3. Approve the FY 2020 Action Plan for annual submission to U.S. HUD, including the FY 2020 funding recommendations, as identified in Exhibit 2, consisting of $11,261,380.00 of Community Development Block Grant (CDBG) Program funds plus CDBG Program Income of $5,492,434.00, $4,962,281.00 of HOME Investment Partnerships (HOME) Program funds plus HOME Program Income of $1,644,775.56, and $1,127,686.00 of Emergency Solutions Grant (ESG) Program funds. The FY 2020 Action Plan includes Commission District Fund (CDF) funding recommendations for public service and housing rehabilitation activities.

4. Approve a Substantial Amendment to the FY 2013-2017 Consolidated Plan, as extended through 2019, and the 2017-2019 Action Plans for the recapture and reallocation of $152,743.98 of CDBG, $686,754.00 of ESG funds and $2,186,466.40 of CDBG-CV, Coronavirus Aid, Relief and Economic Security (CARES) Act funds with the recommendations as identified in Exhibits 3-6.

5. Approve the payment of the 2020 financial obligation to U.S. HUD of $2,129,053.07 for Section 108 loan debt.

6. Rescind Resolution No. R-596-12, requiring that CDBG funds be directed to Neighborhood Revitalization Strategy Areas, which are eliminated in the proposed Consolidated Plan, and approve a prospective policy for Consolidated Plan years 2020 to 2024 to require all allocations be based on meeting Consolidated Plan priority needs and goals throughout the County; and require all the funding recommendations in Action Plan years 2020 to 2024 be based on funding projects that are timely and meet U.S. HUD spending ratio requirements and national objectives.

7. Approve a policy to restrict any new CDBG public facility and/or capital improvement project in the 2020-2024 Action Plans to no more than 20 percent of the Action Plan year’s annual CDBG allocation in years when the overall unspent balances on open public facility and capital improvement projects are more than 40 percent of the overall unspent CDBG balance. An exception to this policy may only be used when deemed in the best interest of the County, such as projects related to the County’s housing crisis, and County/municipal partnership projects including but not limited to County sustainability programs.

8. Approve the delegation of authority to the County Mayor or County Mayor's designee to address spending ratio challenges during Annual Action Plan years 2020 to 2024 by limiting the expenditure timeframe of Commission District Funds to 12 months; allow for PHCD to administratively recapture unspent CDF funds after 12 months have elapsed following the Annual Action Plan allocation notification from U.S. HUD, and administratively reallocate them to eligible projects that are progressing and can be completed within 12 months thus not impacting the expenditure ratio. This approval grants the County Mayor or the County Mayor’s designee the authority to allocate, recapture and reallocate CDF funds to projects that are progressing without Board approval and to report to the Board biannually on the status of CDF funded projects.

9. Approve a third contract extension until December 31, 2020 for the Sundari Foundation, Inc., doing business as Lotus House Women’s Shelter, 2017 Emergency Solutions Grant activity for the provision of tenant-based rental assistance services.

10. Approve the delegation of authority to the County Mayor or County Mayor's designee to negotiate the terms of and to execute Interlocal Agreements between Miami-Dade County and the City of Opa-Locka. The Interlocal Agreements will authorize the County to complete roadway and drainage improvements to streets within the City of Opa-Locka and to complete sewer pump station infrastructure improvement proposed projects within the City of Opa-Locka, as identified in the 2020 Action Plan.


11. Approve the delegation of authority to the County Mayor or County Mayor's designee to administratively recapture and reallocate ESG funds on certain activities that are subject to an expenditure timeliness deadline of December 31, 2020. The County Mayor or the County Mayor's designee will report to the Board within 90 days following the December 31, 2020 deadline, to inform the Board of recaptures, reallocations and activities accomplished with the expenditures of ESG projects.

12. Authorize the County Mayor or County Mayor's designee to execute all conditional loan commitments, standard shell contracts, standard shell loan documents, amendments, and other agreements necessary to accomplish the purposes of this resolution; to subordinate and/or modify the terms of contracts, agreements, amendments, and loan documents for projects and activities approved herein, so long as such modifications are: (1) approved by the County Attorney’s Office for legal form and sufficiency, (2) not substantially inconsistent with this resolution, and (3) found by the County Mayor or County Mayor's designee to be in the best interest of the County; to execute other documents necessary to accomplish the purposes set forth in this resolution; and to exercise the termination, waiver, acceleration, and other provisions set forth in agreements executed in performance of this resolution.

SCOPE
Exhibit 2 summarizes the proposed CDBG, HOME, and ESG funding recommendations for FY 2020 and the Commission districts to be served. The projects are countywide in nature which includes all Commission districts.

Exhibits 3 through 6 summarize proposed Substantial Amendments to the FY 2017-2019 Action Plans and the corresponding FY 2013-2017 (as extended through 2019) Consolidated Plan to recapture and reallocate CDBG, ESG and CARES Act funds.

FISCAL IMPACT/FUNDING SOURCE
The FY 2020 allocations are comprised of $11,261,380.00 of CDBG funds, $5,492,434.00 in CDBG program income, $4,962,281.00 of HOME funds, $1,644,775.56 of HOME program pncome, and $1,127,686.00 of ESG funds, described as follows in Tables 1 through 4. The allocations of these federal funds have no negative fiscal impact on the County’s General Revenue fund.

TABLE 1: FY 2020 Federal Fund Sources
Community Development Block Grant (CDBG) $11,261,380.00
CDBG Program Income $5,492,434.00
Home Investment Partnerships (HOME) Program $4,962,281.00
Home Investment Partnerships (HOME) Program Income $1,644,775.56
Emergency Solutions Grant (ESG) $1,127,686.00
Total $24,488556.56

Section 108 Loan Program
The Board adopted Ordinance No. 99-94 which authorized the submission of an application to U.S. HUD for the Section 108 Loan Program. The $40 million Section 108 Loan Program was used for the sole purpose of creating a revolving loan fund for small businesses located in the targeted urban areas (TUAs). Pursuant to U.S. HUD requirements, the County pledged its future CDBG entitlement grant awards as collateral for the repayment of Section 108 debt as noted in the County’s contract with U.S. HUD in Section 5, as required by 24 Code of Federal Regulations (CFR) §570.705.

Currently, the County has an outstanding financial obligation, in the amount of $11,385,000.00, to U.S. HUD caused by projects that failed to make loan payments needed to meet the County’s Section 108 loan payments. In particular, the current repayment amounts are not sufficient to cover the bi-annual interest and annual principal payments due to U.S. HUD for the Section 108 loan. Therefore, the County must utilize FY 2020 CDBG funds to meet its financial obligation to U.S. HUD. For FY 2020, the financial obligation of $2,129,053.07, as shown in Exhibit 2, is due to U.S. HUD for the Section 108 Program loan.

TRACK RECORD/MONITORING
The CDBG, HOME, and ESG activities will be monitored by Michael Liu, Director, PHCD. Through the review of quarterly progress reports and monitoring site visits, PHCD will administer these projects to ensure compliance with federal guidelines and County policies.

BACKGROUND
Miami-Dade County is required to submit a consolidated plan to U.S. HUD in accordance with the Consolidated Submissions for Community Planning and Development programs, found in Title 24 of the Code of Federal Regulations Part 91. PHCD, which is Miami-Dade County’s lead agency for coordination of the consolidated plan, follows the required rule of a single consolidated submission for the planning and application aspects of the federal CDBG, HOME, and ESG programs. The Housing Opportunities for People with Aids (HOPWA) program is administered by the City of Miami and, therefore, is not addressed in this document.

The Consolidated Plan will cover the five-year period of January 1, 2020 through December 31, 2024. The last approved consolidated plan was for the period from FY 2013-2017, as extended by U.S. HUD to December 31, 2019.

SIGNIFICANT ASPECTS OF THE PROCESS BY WHICH THE PLAN WAS DEVELOPED
The process of developing the Consolidated Plan included consultation with local government agencies, service providers and public health agencies located in Miami-Dade County that offered services to the target populations. An initial countywide public meeting with housing and community development stakeholders was held in the Commission Chambers on March 27, 2019. Other involvement included community-based input from the stakeholders, and an online virtual meeting held on August 13, 2020. Previous planning efforts such as charrettes completed for the communities were also considered during the ranking of the priorities. PHCD also set-up a Consolidated Plan dedicated e-mail on the County website so that any comments or concerns could be delivered to staff in an electronic manner. Cohesive, stable communities depend on decent housing. The Consolidated Plan addresses maintaining the existing affordable housing stock and increasing the availability of housing in standard condition and at an affordable cost to low- and moderate-income families, particularly members of disadvantaged minorities, without discrimination on the basis of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, gender identity, gender expression, sexual orientation, actual or perceived status as a victim of domestic violence, dating violence or stalking, or source of income. The Plan guides the coordination of the public housing Comprehensive Grant process with the Consolidated Planning and Application process.

Housing

Decent housing also includes an adequate supply of supportive housing, which combines structural features and services needed to enable persons with special needs, and their families, to live with dignity and independence. The provision of affordable housing to low-income persons which is accessible to job opportunities is critical as well. Through its previous planning efforts, the County has assisted homeless persons in obtaining appropriate housing and aided persons-at-risk of becoming homeless. These efforts are further supported in this Plan. The Plan serves as a working document to ensure that the needs and resources of public housing residents are taken into consideration in the Comprehensive Planning effort to revitalize distressed neighborhoods and help low-income residents.

Community Development

The County has established priority non housing community development needs based on data collected and citizen input. Those priorities are listed below:

Economic Development Priorities

• Business grant/loan programs
• Training for businesses
• Mixed use projects that integrate business and residential activities
• Special economic development activities
• Business incubators
• Job creation and retention program

Public Service Priorities

• Job training
• Youth services and job opportunities
• Improved mass transit to serve the population
• Mental health programs for area residents
• Park improvements/rehabilitation
• Community centers facilities and programs
• Programs for seniors
• Programs for the handicapped and disabled
• Legal services to non-profit groups/community development corporations and low- to moderate-income households, regarding home loan modification
• Programs that will feed the poor (Meals on Wheels)
• Create housing/training/education

Capital Improvement/Infrastructure Priorities

• Upgrade parks in priority areas
• Improve or install infrastructure. This will include:
o Re-pavement or upgrade of pavements and streets
o Install/upgrade water and sewer and drainage
o Replace “at risk” septic systems
o Upgrade lighting
• Expand open spaces in target areas that will meet with the County guidelines set by existing planning documents.
• Improve pedestrian and vehicular circulation

OVERALL GOALS OF THE CONSOLIDATED PLAN
There are four (4) overall goals of the County’s community planning and development programs covered by the Consolidated Plan:

• Provide low- to moderate-income households increased access to decent and affordable housing in a sustainable and less vulnerable environment;
• Expand economic opportunities to create and retain jobs through business support, development and/or expansion;
• Provide adequate public facilities and public improvements (primarily drainage, water and sewer and facility improvements) to benefit low- to moderate-income areas and residents with emphasis on County and municipal assets and;
• Provide access to public services (primarily senior services, services for the disabled, youth, substance abuse services, employment training and childcare).

CONTENTS OF THE CONSOLIDATED PLAN
The major components of the Consolidated Plan include:
• Needs Assessment
• Market Analysis
• Strategic Plan
• Action Plan
• Citizen Participation Plan

Needs Assessment

The needs assessment includes estimated housing needs for the five-year study period. In the preparation of this section, reliance is placed on 2010 U.S. Census and the 2017 American Community Survey data. Census data has been modified with demographic, housing and labor statistics maintained by the Miami-Dade County Planning and Research Section of the Regulatory and Economic Resources Department; Shimberg Center, and Florida Bureau of Economic Research (University of Florida). In addition, the Miami-Dade County Homeless Trust and PHCD provided supplemental information on homeless and public housing-related needs.

The needs assessment includes categories of affected persons, including: extremely low-income, low-income, moderate-income and middle-income families, both renters and owners; the elderly; the homeless; and, others with special needs. Housing with potential lead-based paint hazards occupied by low- and moderate-income families, has been evaluated. The needs assessment includes the extent of over-crowding and standard and substandard housing conditions, as well as substandard housing suitable for rehabilitation. The needs assessment also includes an analysis of the rent burden, defined as the percentage of household income spent for monthly rent or mortgage expenses. Non-housing community development needs were assessed as well, including the need for public facilities and public infrastructure improvements. Finally, sustainability and the impact of sea-level rise was considered.

Market Analysis

The housing market analysis presents significant characteristics of the County’s housing market. It includes the evaluation of the supply, demand, condition, and cost of housing, with a focus on low- to moderate-income households, as well as persons with disabilities or special needs. Areas with low-income or minority concentrations are identified. Public and assisted housing is described, including physical condition, restoration and revitalization needs, and accessibility under Section 504 of the Rehabilitation Act of 1973. The County, as the local public housing authority, presents its strategy for improving the management and operation of public housing as well as the living environment of its residents. Public and assisted housing projects, homeless facilities, special needs facilities and services, and barriers to affordable housing are briefly inventoried to support the market analysis.

Data describing the characteristics of the labor force and occupations by sector is provided, along with a description of the workforce and infrastructure needs of the business community. The broadband internet connectivity needs of housing units and residential neighborhoods within the County is assessed. Also included in the plan is the risk analysis completed for County assets as it relates to their vulnerability to natural hazards and sea level rise.

Strategic Plan

The Strategic Plan component of the Consolidated Plan describes the basis for allocating CDBG and other matching funds throughout the County. Guiding the County are four (4) strategic objectives for neighborhood revitalization:

1. To help communities establish a full continuum of housing services designed to assist homeless individuals and families to achieve permanent housing and self-sufficiency. To increase access by families and individuals to affordable housing in standard condition. To promote equal housing opportunities for those protected by law.
2. To reduce the isolation of low-income groups within a community or geographical area.
3. To provide empowerment and self-sufficiency opportunities to support low-income individuals and families as they make the transition from dependency to self-sufficiency. To provide economic opportunities for low- and moderate-income persons through the creation and retention of jobs.
4. To address the vulnerability of the community due to climate change.

The Strategic Plan sets forth a countywide strategy to provide for affordable housing, and address homelessness and special needs. The plan presents the County’s activities that seek to reduce or ameliorate barriers to affordable housing, climate change/sea level rise, and the number of poverty level families through anti-poverty strategies.

Miami-Dade County, like many communities across the nation, is facing a significant problem addressing community needs due to the poor economy and the reduction in federal funding for housing and neighborhood issues. Community needs continue to rise at an increasing rate, yet federal funding has been significantly cut. This is further exacerbated by the recent impact of COVID-19 causing high levels of unemployment, business hardships and failures, and a public health crisis.

Action Plan

The Action Plan is an annual report which summarizes federal resources available to fund priority activities that must achieve the U.S. HUD’s national objective which is a federal regulatory measure utilized to assess whether a funded activity has achieved compliance with federally mandated objectives. The Action Plan summarizes the activities to be undertaken and identifies the geographic distribution of activities, homeless and special needs activities, and other actions taken to address the goals and objectives of the Plan. The Action Plan is updated on an ongoing basis as funds are reprogrammed through recapture and reallocation processes throughout the program year.

The FY 2020 Action Plan marks the County’s continual effort to utilize federal awards in a manner that will result in significant and sustainable redevelopment efforts of low- to moderate-income communities. Under this Action Plan, strong consideration was given to projects and activities that met the FY 2019 requirements for CDBG, HOME and ESG activities; some projects are recommended due to critical needs of County and municipal projects. In all cases, the recommended projects meet an underserved need, demonstrate a readiness to proceed, and demonstrate implementation by experienced agencies and/or developers with the capacity to successfully achieve U.S. HUD national objectives, adhere to federal reporting requirements, and successfully manage the completion of the project(s).

Citizen Participation Plan

The Citizen Participation Plan (CPP) is included as part of the Consolidated Plan as required by 24 CFR Part 91. The CPP describes the process required for engaging the community and soliciting comments on various aspects of the community planning and development processes, including plans and reports required by U.S. HUD. The County has recently amended its CPP to allow for virtual engagement as well as reduced notice and comment periods, when permitted. The CPP has further been amended to eliminate the use of Neighborhood Revitalization Strategy Areas (NRSA) and instead use a regional geographical approach to planning and outreach. The Community Development division of PHCD will continue to engage the community through the minimum required meetings as prescribed by U.S. HUD and outlined in the CPP.

The new CPP also represents the bifurcation of the PHCD CPP within the Consolidated Plan for CDBG, HOME and ESG funding and the Community Action and Human Services Department’s (CAHSD) Tripartite Board Citizen Participation Plan for Community Services Block Grant (CSBG) funding. In previous consolidated plans, the two departments combined their citizen participation plans in order to jointly obtain public input using community advisory committees, some of which were located within NRSAs. The use of community advisory committees is not required for CDBG, HOME or ESG funds, and a new regional approach to obtaining community input is set forth in the CPP. This item recommends that the two citizen participation plans be approved separately, due to the separate and distinct federal requirements. CAHSD will subsequently bring legislation to the Board to request approval of its citizen participation plan, which will continue to engage the community through various neighborhoods with representatives (community advisory committees) that are also members of the Community Action Agency Board.

CITIZEN PARTICIPATION REQUIREMENTS
U.S. HUD regulations require the County to hold a minimum of two public hearings at different stages of the planning process. The first public hearing requires input from citizens on housing and community development needs. On November 15, 2019, the first required public hearing was held in the Board’s chambers to obtain public input on the FY 2020 Consolidated Planning Policies that formed the basis for the FY 2020 Action Plan recommendations. The second public hearing, which is intended to obtain further public comments on the Consolidated Plan and the FY 2020 Action Plan funding recommendations, is scheduled for October 14, 2020, before the Housing Social Services and Economic Development (HSSED) Committee.

U.S. HUD requires that the Consolidated Plan and Action Plan be made available for public comments for a period of 30 days prior to the final adoption of the funding recommendations by the BCC. On March 31, 2020, the U.S. HUD issued a notice of waiver availability, including notice waivers. The County has adopted U.S. HUD waiver for notice and comment, which specifies a minimum five-day notice. Therefore, the County advertised on or before October 7, 2020, informing the public of the availability of the Consolidated Plan and FY 2020 Action Plan funding recommendations on the County’s website. The Consolidated Plan will be considered by the BCC on October 20, 2020.

Following the Board’s approval of the FY 2020 HOME funding recommendations, the County Mayor or County Mayor’s designee will issue a conditional loan commitment of HOME funds for construction and rehabilitation projects in substantially the form attached as Exhibit 7 but customized for the type of funding and project. The conditional loan commitment requires numerous milestones be met by the developer prior to the County executing a funding contract. For projects recommended for funding, final funding approval shall be conditioned upon a full feasibility and underwriting analysis which will be completed prior to financial closing and the release of funds along with other conditions set forth in the conditional loan commitment.

Due Diligence Review and Minimum Threshold
As a requirement of the FY 2019 RFA, proposals must meet federal threshold criteria for eligible activities that meet a U.S. HUD national objective to be considered for funding. Furthermore, staff conducted a due diligence search in accordance with the provisions of Resolution No. R-630-13. There are no due diligence issues to report. Of the activities submitted for funding consideration, none were found to have any unresolved issues or concerns.



FY 2020 FUNDING SOURCES
Consistent with the past several years, the FY 2020 Action Plan process continues to include the federally funded CDBG, HOME, and ESG programs. The close coordination of these programs and resources continues to be essential to preventing the duplication of funding or the funding of activities in excess of actual needs.

Community Development Block Grant (CDBG) Program
The FY 2020 CDBG allocation is $6,880,050.93 after the deduction of the administrative costs and the Section 108 loan repayment summarized below.

FY 2020 CDBG Allocation
CDBG $11,261,380.00
Administration (20%) ($2,252,276.00)
Subtotal $9,009,104.00
Section 108 Loan Payment ($2,129,053.07)
Grand Total $6,880,050.93

For Commission District Funds (CDF) allocations, 13 percent of the total CDBG allocation is divided among the 13 commission districts and allocated to CDBG eligible projects recommended by the commissioners in the amount of $95,324.00 for each commission district, all of which is allocated for public service activities unless otherwise stated in Exhibit 2 for public facilities/capital improvements, housing, or economic development activities. Due to the need to respond to COVID-19, many of the 2020 CDF allocations are focused on providing public services to support the community. Any CDF allocations not included in this item may be addressed in a subsequent agenda item.

Table 2 reflects the recommendation of FY 2020 CDBG funding, including program income, for administration, economic development, public facility/capital improvements, housing, and public service activities.

Table 2: FY 2020 CDBG Funding Recommendations
Category Amount Percentage of Total
Administration $2,252,276.00 13.44%
Economic Development $1,203,018.34 7.18%
Public Facilities $1,671,115.25 9.97%
Public Service 3,905,640.18 23.32%
Housing $5,592,711.16 33.38%
Section 108 Loan Payment $2,129,053.07 12.71%
Total of CDBG Activities $16,753,814 100.00%

For the Public Facility and Capital Improvements category, PCHD recommended awards to projects that are County/Municipal related. In particular, PHCD is recommending to allocate CDBG funding for two projects within the City of Opa-Locka: the rehabilitation to pump station number 4 that is impacting a County housing development project, and a roadway and drainage improvement project that includes the dedication of the affected street that is in front of a County-owned multi-family building. Other projects include County roadway improvements and improvements to buildings.


Home Investment Partnerships Program (HOME)
The FY 2020 HOME annual allocation from U.S. HUD is $4,962,281.00, with an additional $1,644,775.56 of FY 2019 HOME Program Income. The HOME program is designed to strengthen public-private partnerships for the expansion of decent, safe, sanitary, and affordable housing with primary attention on rental housing assisting families with incomes of 80 percent of Area Median Income (AMI) or lower. HOME funding recommendations are designated for acquisition, new construction or rehabilitation of affordable rental housing, pre-development, single-family homeownership, tenant-based rental assistance (TBRA), HOME community housing development organization (CHDO) housing set-aside, and HOME CHDO operating support.

Table 3: FY 2019 HOME Recommendations
Category Amount Percent of Total
Administration $496,228.10 10%
Acquisition, New Construction or Rehabilitation of Affordable Rental Housing $5,510,828.46 83%
Tenant-Based Rental Assistance (TBRA) $600,000.00 7%
Total HOME Funding including Program Income: $6,607,056.56 100%


Emergency Solutions Grant (ESG)
The County’s FY 2020 ESG award is $1,127,686.00. ESG funds for homeless activities were made available for emergency shelter and outreach, homeless prevention, and rapid rehousing services.

Table 4: FY 2019 ESG Recommendations
Category Amount Percent of Total
Administration $84,576.45 7.5%
Emergency Shelter and Outreach Activities $617,048.94 55.0%
Homeless Prevention and Rapid Re-Housing $426,060.61 37.5%
Total ESG Funding: $1,127,686.00 100%

CDBG AND ESG RECAPTURES AND REALLOCATIONS

Recapture Recommendations
A substantial amendment is requested to the FY 2017-2019 Action plans and the corresponding FY 2013-2017 Consolidated Plan, as extended through December 31, 2019. PHCD recommends the recapture of $152,743.98 in CDBG funding in Exhibit 3 from agencies that may have completed the activity with minimal remaining balances and activities unable to meet a national objective. All entities with projects listed as the subject of recapture have been informed with written communication.

Of the CDBG recaptured funds, $52,743.98 are Commission District Fund (CDF) allocations from three commission districts. The Commissioners in these districts have been notified of the recaptures (if the value is greater than $1,000.00) and will have the opportunity to recommend district-specific allocations through a future recapture and reallocation item. However, these CDFs may not be used for any public service activity because public service funds are an annual allocation only, unless they represent 2019 funds. The funds may be used in the following categories: economic development, housing, and public facilities and capital improvements. PHCD recommends the recapture of $100,000.00 from a 2017 special economic development activity, We Are the Road, due to delays in site permitting that did not allow the project to proceed timely.

PHCD recommends the recapture of $686,754.00 from two ESG activities in Exhibit 3. The Community Action and Human Services Permanent Housing Initiative activity was unable to expend all funds and a balance remains. The City of Miami Beach, Miami Beach Safety Net was delayed in contracting, and the agency elected not to proceed due to an upcoming expenditure deadline.

Reallocation Recommendations
PHCD recommends the reallocation of $52,743.98 for three projects representing CDF allocations in Exhibit 4. Rebuilding Together Miami-Dade, Inc., is recommended to provide housing rehabilitation services for low- and moderate-income homeowners in District 7. Greater North Miami Chamber of Commerce is recommended to provide public service technical assistance to businesses in District 2. Greater Miami Service Corps. is recommended to provide housing rehabilitation to homeowners in District 3. The reallocation of $100,000.00 is recommended to provide funding to make upgrades to the air conditioning system in a County-owned building operated by the Easter Seals as its Civic Center location.

PHCD recommends the reallocation of $686,754.00 to fund one ESG activity in Exhibit 4. The reallocated funds would allow Chapman Partnership to rehabilitate two buildings, one in the northern part of the County, and one in the southern part of the County to continue to serve as emergency shelters to serve homeless households.

CARES ACT CDBG-CV RECAPTURES AND REALLOCATIONS

Recapture Recommendations
A substantial amendment is requested to the FY 2019 Action Plan and corresponding FY 2013-2017 Consolidated Plan, as extended through December 31, 2019. PHCD recommends the recapture of $2,186,466.40 in CDBG-CV, CARES Act funds for the public housing nutritional pandemic food disbursement activity, as indicated in Exhibit 5. The public housing nutritional assistance activity remains funded with CDBG 2020 program funds in Exhibit 2 to address administrative revisions requested by U.S. HUD.



Reallocation Recommendations
PHCD recommends the reallocation of $2,186,466.40 in CDBG funds, as indicated in Exhibit 6, to fund multiple activities. Partners for Self-Employment, Inc. and Black Economic Development Coalition, Inc. are recommended for CDBG funding to provide micro-lending support to small businesses for job creation activities. PHCD is recommending a reallocation of CDBG funds to support CARES Act program administration.

Re-deployment of Prepaid CDBG Funds
PHCD recommends the allocation of $5,492,434.00 of CDBG program income funds. In 2013, three public housing rehabilitation projects were funded with a combined total of $5,492,434.00 in CDBG funds: Dante Fascell, South Miami Plaza and Stirrup Plaza. The developer prepaid the loans in full prior to the maturity date(s) and has requested that CDBG funds in the amount of up to $5,492,434.00 be redeployed in accordance with section 17-02 of the Code of Miami-Dade County to the substantial rehabilitation of Robert King High, Moretti Phase 2B, and Three Round Towers B and C.

The developer has already received redeployed Surtax funds for these substantial rehabilitation projects. On October 3, 2019, the Board approved Resolution No. R-1059-19, authorizing the re-loan of prepaid Surtax proceeds for the substantial rehabilitation of the Robert King High, Joe Moretti Phase 2B, and Three Round Towers B and C public housing project. This legislation recommends that the Board approve the allocation of up to $5,492,434.00 of pre-paid CDBG funds to Related Urban Development Group, or related entity, for CDBG-eligible expenses related to these three public housing substantial rehabilitation projects. Once approved, the County Mayor or the County Mayor's designee will execute a conditional loan commitment in substantially the form attached hereto as Exhibit 7.

RECOMMENDED POLICIES

PHCD is recommending prospective policy changes for annual Action Plan years 2020 to 2024 in order to improve the efficiency of expending program funds to comply with timeliness requirements:

1. Rescind Resolution No. R-596-12, requiring that CDBG funds be directed to NRSAs, which are eliminated in the proposed Consolidated Plan, and approve a prospective policy for Consolidated Plan years 2020 to 2024 to require all allocations be based on meeting Consolidated Plan priority needs and goals throughout the County; and require all the funding recommendations in Action Plan years 2020 to 2024 be based on funding projects that are timely and meet U.S. HUD spending ratio requirements and national objectives.

2. Approve a policy to restrict any new CDBG public facility and/or capital improvement project in the 2020-2024 Action Plans to no more than 20 percent of the Action Plan year’s annual CDBG allocation in years when the overall unspent balances on open public facility and capital improvement projects are more than 40 percent of the overall unspent CDBG balance. The purpose of this policy is to avoid situations where there is a disproportionate amount of public facility and capital improvement projects with unspent balances, which negatively impact the spending timeliness ratio requirements, and ultimately restrict the County’s CDBG operational flexibility. Exception to this policy may only be used when deemed in the best interest of the County, such as projects related to the County’s housing crisis, and County/municipal partnership projects, including, but not limited to, County sustainability programs. The County Mayor or County Mayor's designee will abide by this policy in the funding recommendations, including recapture and reallocations recommendations, brought to the Board.

3. Approve the delegation of authority to the County Mayor or County Mayor's designee to address spending ratio challenges during Annual Action Plan years 2020 to 2024 by limiting the expenditure timeframe of CDF to 12 months; allow for PHCD to administratively recapture unspent CDF funds after 12 months have elapsed following the Annual Action Plan allocation notification from U.S. HUD, and administratively reallocate them to eligible projects that are already CDBG-funded, progressing and can be completed within 12 months thus not impacting the expenditure ratio. This approval grants the County Mayor or the County Mayor’s designee the authority to allocate, recapture and reallocate CDF funds to projects that are progressing without Board approval and to report to the Board biannually on the status of CDF funded projects.

Contract Extension

A third contract extension is requested for one Emergency Solutions Grant activity. Sundari Foundation, Inc., doing business as Lotus House Women’s Shelter, was awarded a total of $1,616,514.20 in three resolutions, Resolution No. R-762-17, Resolution No. R-1046-17, and Resolution No. R-1255-17, for the provision of tenant-based rental assistance. The agency has encountered delays due to turnover of key personnel and has expressed difficulty in securing housing placements for program participants with special needs with extremely low or no income that face barriers in securing affordable housing. Additional time is needed in order to complete the activity by continuing to provide services to current program participants and additional eligible participants.

Interlocal Agreements

In order to accomplish two infrastructure projects proposed in the 2020 Action Plan, it is recommended that the Board authorize the County Mayor or County Mayor's designee to negotiate the terms of and execute Interlocal Agreements between the County and the City of Opa-Locka. The terms of the interlocal agreements will authorize the County to have site access for construction purposes as needed to complete roadway and drainage improvements on streets within the City of Opa-Locka and sewer pump station infrastructure improvement proposed projects within the City of Opa-Locka, as identified in Exhibit 2.

ESG Timeliness

PHCD has a number of Emergency Solutions Grant projects that are subject to an upcoming expenditure timeliness deadline of December 31, 2020. PHCD is requesting that the Board delegate authority to the County Mayor or County Mayor's designee to administratively recapture and reallocate ESG funds on those certain activities that are subject the expenditure timeliness deadline, to allow PHCD flexibility in administering the funds to meet the deadline. Priority will be placed on projects that can be completed and funds expended before the expenditure deadline. The County Mayor or the County Mayor's designee will report to the Board within 90 days following the December 31, 2020 deadline to inform the Board of the recaptures, reallocations and activities accomplished with the expenditures of ESG funds.


SUMMARY
The County is committed to continuing to serve low- and moderate-income residents and neighborhoods throughout the County and to achieving U.S. HUD national objectives. The County continues to work with its community development partners to enhance its programs and to better meet the public service, economic development, housing, and capital improvement needs of low- and moderate-income residents and neighborhoods.



_______________________________
Maurice L. Kemp, Deputy Mayor

Attachments



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