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HomeMy WebLinkAboutAgenda - 06-06-2017 - 5-a - Orange County Consolidated Plan – Annual Action Plan Update 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 6, 2017 Action Agenda Item No. 5-a SUBJECT: Orange County Consolidated Plan —Annual Action Plan Update DEPARTMENT: Housing, Human Rights and Community Development ATTACHMENT(S): INFORMATION CONTACT: 1. Resolutions Annette Moore, Interim Housing, Human 2. U.S. Department of Housing and Rights and Community Development Urban Development (HUD) Interim Director/Staff Attorney, Memorandum (919)245-2492 UNDER SEPARATE COVER 3. FY 2017-2018 Consolidated Housing Plan -Annual Action Plan — ONLY AVAILABLE ELECTRONICALLY AT: http://www.orangecountync.gov /Draft%20FFY%202017%20Annual %20Action%20PIan.pdf PURPOSE: To: (1) Receive comments from the public regarding the FY 2017 - 2018 Consolidated Plan — Annual Action Plan for Housing and Community Development Programs in Orange County; (2) Adopt a Resolution approving the FY 2017-2018 Consolidated Housing Plan - Annual Action Plan; (3) Adopt and authorize the Chair to sign a Resolution approving the proposed HOME Program Activities for 2017-2018; and (4) Authorize the Manager to implement the HOME Program as approved by the BOCC including the ability to execute agreements with partnering non-profit organizations after consultation with the County Attorney. BACKGROUND: In May 2015 the Five-Year FY 2015-2020 Consolidated Plan for Housing and Community Development Programs in Orange County was developed and approved by the U.S. Department of Housing and Urban Development (HUD). This document details the housing needs of very low income, low income and moderate-income families and special population groups in addition to outlining the strategies and plans for addressing those needs. The Consolidated Plan is required for all communities receiving HOME funds (Orange County HOME Consortium). 2 Each year, local communities are required to submit to the State HUD Office by May 15th an Annual Action Plan that updates and carries out activities and priorities of the Consolidated Plan. The Update includes the 2017 - 2018 HOME Program Action Plan for the Orange County HOME Consortium. Due to the enactment of a FY 2017 appropriations act, HUD is issuing revised procedures to govern the submission and review of action plans for FY 2017 funding. Public hearings were held by the BOCC on January 24, 2017 and April 4, 2017 to receive comments regarding community needs and the updates prior to the development and subsequent submission of the Annual Action Plan to HUD. Public comments received at the hearing are summarized in the Annual Action Plan. A public notice was placed in the Chapel Hill News and The Herald Sun requesting public comments from May 5, 2017 — June 5, 2017, as required by HUD. The Orange County Housing, Human Rights and Community Department accepted comments through June 5, 2017 and will communicate any comments received to HUD as well as to the Orange County Board of Commissioners (BOCC). Copies of the draft Annual Action Plan were made available at the Orange County Housing, Human Rights and Community Development Main Office, the County's website and local libraries. 2017-2018 HOME Program Activities The current Orange County HOME Consortium Agreement establishes a HOME Program Review Committee to provide general oversight of the program. Participants in the HOME Consortium are Orange County and the Towns of Carrboro, Chapel Hill, and Hillsborough. The Committee is authorized to provide policy oversight for planning, operations and evaluation of the HOME Program. The Manager or his/her designee from each participating unit of local government and one (1) elected official from each jurisdiction shall be a member. For Orange County, Chair Mark Dorosin serves on this Committee. Orange County serves as the lead entity for the Consortium. The HOME Program Review Committee prepares a proposed HOME program design each year and a consortium program application to HUD, in compliance with the Act, the Regulations, and the Federal Program Requirements, including reallocation of any funds from previous years not expended or any repayments or other program income consistent with this Section. The proposed HOME program design defines a strategy in sufficient detail to accommodate the collective and individual needs and priorities of the County and Towns. Each year's proposed HOME program design and the consortium program application should be consistent with the Consolidated Plan and is subject to the approval of each consortium member's elected board. This year, as required by the Consortium Agreement, the HOME Program Review Committee reviewed applications for HOME Program funding and developed the proposed HOME Program Design for the 2017-2018 Program Year. A total of three (3) applications were received from local non-profit organizations requesting approximately $397,900. There is approximately $466,407 in HOME funds, matching funds, HOME program income and HOME match funds available for Fiscal Year 2017-2018. The recommended program design is detailed in the attached resolution. In accordance with the Orange County HOME Consortium Agreement approved in May 2011, the HOME Program Design for each year must be approved by all jurisdictions prior to 3 submission to HUD. The Program Design was approval by the Town of Carrboro on April 25th by the Town of Hillsborough on May 9th, and was approved by the Town of Chapel Hill on April 5, 2017. The BOCC is therefore asked to consider approval of the attached HOME Program Resolution. HOME Program Implementation After approval of the 2017-2018 HOME Program design by all Consortium participants, authorization is also requested to allow the Orange County Manager to execute agreements with partnering non-profit organizations as necessary to implement the approved HOME Program design. All agreements will receive the review and approval of the County Attorney's office. FINANCIAL IMPACT: The Orange County HOME Consortium is scheduled to receive $348,265 in FY 2017 HOME Program funding. The required total local government match is $78,360. Orange County's share of the match is $30,560 which will be allocated upon the BOCC's approval from the County's general fund. There is also $39,782 in HOME program income, providing a total of $466,407 available for programming for the next fiscal year. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this item: • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY The fair treatment and meaningful involvement of all people regardless of race or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or ethnic background; age; military service; disability; and familial, residential or economic status. • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. • GOAL: CREATE A SAFE COMMUNITY The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang activity, substance abuse and domestic violence. • GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND ENVIRONMENTAL POLICIES The fair treatment and meaningful involvement of people of all races, cultures, incomes and educational levels with respect to the development and enforcement of environmental laws, regulations, policies, and decisions. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies. • GOAL: ENABLE FULL CIVIC PARTICIPATION Ensure that Orange County residents are able to engage government through voting and volunteering by eliminating disparities in participation and barriers to participation. 4 RECOMMENDATION(S): The Manager recommends that the Board: (1) Open the Public Hearing, receive comments from the public as additional information and then close the Public Hearing; (2) Adopt a Resolution approving the FY 2017-2018 Consolidated Plan Annual Action Plan; (3) Adopt and authorize the Chair to sign a Resolution approving the proposed HOME Program Activities for 2017-2018; and (4) Authorize the Manager to implement the HOME Program Design as approved by the BOCC including the ability to execute agreements with partnering non-profit organizations after consultation with the County Attorney. 5 RES-2017-036 Attachment 1 RESOLUTION AUTHORIZING THE SUBMISSION OF FY 2017 -2018 Annual Action Plan for the FY 2015-2020 CONSOLIDATED PLAN FOR ORANGE COUNTY, NORTH CAROLINA BE IT RESOLVED, by the Orange County Board of Commissioners that the Commissioners authorize the County Manager to submit the Orange County Consolidated Plan for Housing and Community Development Programs Annual Action Plan to the U.S. Department of Housing and Urban Development, including all understandings, assurances, and certifications required therein. BE IT FURTHER RESOLVED, that the Manager is hereby designated as the authorized representative of the County to act in connection with the submission of the Annual Action Plan and to provide such additional information as may be required by the U.S. Department of Housing and Urban Development. This the 6th day of June 2017. RES-2017-037 6 RESOLUTION AUTHORIZING THE ORANGE COUNTY FY 2017-2018 HOME PROGRAM DESIGN BE IT RESOLVED, by the Orange County Board of Commissioners as a member of the Orange County HOME Consortium approves the following activities for the 2017— 2018 HOME Program. Homeownership Assistance Funds would be allocated to Orange County Habitat for Humanity to provide deferred payment zero interest second mortgages for ten (10) homes throughout Orange County. Homes will be sold to households earning between 30 percent and 65 percent of the area median income. (Requested amount: $250,000) $250,000 Acquisition Funds would be allocated to EmPOWERment, Inc., for the acquisition of a single family property for lease to households earning 80% or less AMI. (Requested amount: $147,900) $ 82,000 Housing Rehabilitation Funds would be allocated to Rebuilding Together of the Triangle to provide critical repairs, accessibility modifications, and home performance upgrades to low-income homeowners throughout Orange County earning less than 80% of the area median income. (Requested amount: $100,000) $ 33,680 Housing Rehabilitation Funds will be allocated to the Orange County Housing, Human Rights and Community Development Department for housing rehabilitation. This program will provide rehabilitation to owner-occupied homeowners throughout Orange County earning less than 80% of the area median income. (Requested amount: $65,900) $ 65,900 Program Administration $ 34,827 TOTAL FY 2017-2018 HOME PROGRAM FUNDS $466,407 BE IT FURTHER RESOLVED, that the County Manager is hereby designated as the authorized representative of the County to act in connection with the submission of this plan and to provide such additional information as may be required by the U.S. Department of Housing and Urban Development. This the day of June 2017 Mark Dorosin, Chair Orange County Board of Commissioners SEAL Attachment 2 7 ~ U.S. OF UUUU DEPARTMENT DEVELOPMENT . WASHINGTON,oczcw|o-7oou " OFFICE OF TH ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT 1".1 4 ��[���[ll���I�Il\J�4F(]]�: All Community Planning� ' and Development Field Office Div' 'on FROM: CliffondtT uty Assistant Secretary, D SUBJECT: Waiver oF24CFRQ}.l05(b)(4) and 24 [FR9l.115(b)(4) for FY 2017 Action Plans for Community Planning and Development Program Funds With the enactment of a FY 2017 appropriations act, HUD is issuing revised procedures to govern the submission and review of action plans for FY 2017 funding. Pursuant to Community Planning and Development (CPD) Notice 16'18, any grantee with a program year start date prior to, or up to 60 days after, the Department's announcement of the FY 2017 formula program funding allocations was advised not to submit its consolidated plan or action plan until the FY 2017 formula allocations have been announced. Given the delay in the enactment of HUD's annual appropriations, implementation of this policy for FY 2017 may have negative consequences for CPD formula grantees: Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), Emergency Solutions Grant (ESG) and Housing Opportunities for Persons with AIDS (HOPWA) grantees. Under 24 CFR 91.15(a)(2), HUD cannot accept a submission later than August 16, 2017. If HUD does not receive a consolidated plan or action plan by August 16, 2017, a grantee automatically loses its FY 2017 CDBG funding. Section 104(a)(2) of the Housing and Community Development Act of 1974, as amended (the Act), requires that grantees implement a citizen participation process as a prelude to the allocation and expenditure of funds. A grantee's citizen participation plan and proposed allocation of funds to eligible activities are components of its consolidated plan required pursuant to 24 CFR Part 91. The regulations at 24 CFR 91.105 and 91.115 describe the standards for citizen participation plans applicable to the programs administered by the Office of Community Planning and Development. Of immediate concern are the provisions io24C1-]{ql.l05(u)(4) and 91.115(a)(4)requiring that grantees provide a period of not less than 30 days during which affected citizens may review and comment on the FY 2017 consolidated plan or action plan prior to its implementation. The timing of the enactment of the FY 2017 appropriations act leaves insufficient time for grantees to complete the pre-submission or pre-amendment citizen participation publication and comment process before the August 16, 2017, deadline. www.hud.gov espanol.hud.gov 8 2 While grantees must still provide citizens with a public comment period, the Department can provide significant relief from the 30-day minimum public comment standard in 24 CFR 91.105(a)(4) and 91.115(a)(4). Rather than a 30-day public comment period, HUD has determined that a minimum 14 calendar day public comment period is acceptable under the circumstances. Given the delay in appropriations, and the need for HUD to award funds so that grantees may begin to address their housing and community development needs, I hereby find that there is good cause pursuant to 24 CFR 91.600 to waive the 30-day public comment standard in 24 CFR 91.105(b)(4) and 24 CFR 91.115(b)(4) and institute a minimum 14 calendar day comment period. This waiver ensures grantees do not lose their FY 2017 funding, while also affording citizens a meaningful public comment period. Any affected grantee taking advantage of this waiver must document in writing the conditions for the need to utilize this waiver and must maintain such documentation for HUD's review. This waiver authority is in effect until August 16, 2017.