City Council

TROY CITY COUNCIL FINANCE COMMITTEE AGENDA October 4, 2018 6:30 P.M. Pledge of Allegiance Roll Call Public Forum LOCAL LAW ORDINANCES 98. Ordinance Authorizing And Ratifying Employment Contracts With The Police Chief, Deputy Chief Of Police, And Assistant Chief Of Police. (Council President Mantello) (At The Request Of The Administration) RESOLUTIONS 96. Resolution Authorizing The Mayor Of The City Of Troy To Enter Into A Cooperative Agreement With The City Of Schenectady And The Town Of Colonie To Extend The Current Three Community (Troy-Schenectady-Colonie) Consortium Agreement For National Affordable Housing Act Purposes. (Council President Mantello) (At The Request Of The Administration) TABLED LEGISLATION 2018  RES#96 RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF TROY TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE CITY OF SCHENECTADY AND THE TOWN OF COLONIE TO EXTEND THE CURRENT THREE COMMUNITY (TROY- SCHENECTADY-COLONIE) CONSORTIUM AGREEMENT FOR NATIONAL AFFORDABLE HOUSING ACT PURPOSES WHEREAS, the City of Troy desires to continue the current cooperation agreement with Schenectady and Colonie for an additional three (3) year period, and; WHEREAS, the City of Troy's participation in the Troy-Schenectady-Colonie consortium increases the amount of funding and ensures annual availability of funding by meeting US Department of HUD funding threshold criteria: NOW THEREFORE BE RESOLVED THAT, the City Council of the City of Troy hereby authorizes and directs the Mayor to enter into a cooperative agreement with the City of Schenectady and the Town of Colonie to extend the current three community (Troy- Schenectady-Colonie) consortium agreement for National Affordable Housing purposes. Approved as to form, October 4, 2018 __________________________________ James Caruso, Corporation Counsel  RES#96 City of Troy City Council Action Memorandum in support Title: Resolution authorizing the Mayor to enter into a cooperation agreement with the City of Schenectady and the Town of Colonie to extend the current three community consortium agreement under the HOME Investment Partnerships Act at title II of the Cranston-Gonzales National Affordable Housing Act, as amended, 42 U.S.C. 12701 et seq. Summary of Provisions: Request for action by the City Council to authorize the Mayor to continue in and extend for a (3) three year time period the City of Troy's participation in the existing Schenectady-Colonie-Troy consortium agreement for National Affordable Housing Act funding purposes (NAHA, HOME Program), in a form substantially similar to the previous agreement. The extension takes effect from October 4, 2018 through September 30, 2020. Present Law: The current cooperative agreement expires on September 30, 2018. Purpose: The City of Troy's participation in the Schenectady-Colonie-Troy consortium increases the amount of funding and ensures annual availability of funding by meeting US Dept. of HUD funding threshold criteria. Under the provisions of the NAHA, the City of Troy receives annual funding of approximately $300,000 of HOME Program funding and is eligible for additional funding under the ADDI Program. The City of Troy, in its annual 1 Year Consolidated Plan Action Plan application to HUD typically allocates funding from this HOME Program to assist low-moderate income city residents with housing construction and rehabilitation assistance, and in developing and assisting low-moderate income household participation in home ownership. Fiscal Impact: There is no additional cost to the City to continue to participate in the Schenectady-Colonie-Troy consortium. Council Committee: Finance  RES#96 _______________________________ SCHENECTADY-TROY-COLONIE HOME INVESTMENT PARTNERSHIPS ACT CONSORTIUM COOPERATION AGREEMENT _______________________________ THIS AGREEMENT is entered into and shall be effective as of July 1, 2018, by and between the City of Schenectady, hereinafter referred to as “Schenectady,” the City of Troy, hereinafter referred to as “Troy,” and the Town of Colonie, hereinafter referred to as “Colonie,” each being a municipal corporation of the State of New York. WITNESSETH WHEREAS, the Federal Government has enacted the National Affordable Housing Act (NAHA), the primary objective of which is to increase the supply of decent affordable housing to low and very low income families, which created the Home Investment Partnerships Program (HOME Program) administered by the U.S. Department of Housing and Urban Development (HUD) through regulations at Title 24, Code of Federal Regulations, Part 92 (HOME regulations); and WHEREAS, said regulations allow units of general local governments to form consortia for the purposes of obtaining funds under the HOME Program; and WHEREAS, Schenectady, Troy, and Colonie are geographically contiguous units of local government and, thereby, eligible to form a consortium under said regulations; and WHEREAS, the Parties have statutory authority under the laws of the State of New York and sufficient administrative capabilities to carry out the purposes of the HOME program on behalf of their respective jurisdictions; and WHEREAS, in August 1991, the Parties determined that continuing as a consortium would increase the level of HOME Program funds potentially available for use within their combined jurisdictions, and thereby increase the combined ability of the Municipal Corporations to assist in meeting the affordable housing needs of the population; and WHEREAS, the Federal Law allows for the Parties to enter into a consortium agreement for each three-year qualification period and to agree to automatically renew that relationship prior to the successive qualification period; and WHEREAS, the Parties desire to continue to receive the benefits of a Consortium Agreement: NOW THEREFORE, the parties agree as follows: SECTION 1: GENERAL PROVISIONS a. The Members agree to cooperate to undertake housing assistance activities in compliance with the Federal HOME statute and regulations as identified in Title 24, Part 92 of the Code of Federal Regulations. b. The Members agree to direct their activities to the alleviation of housing problems within their respective jurisdictions. c. The Members agree to undertake the efforts to affirmatively advance the cause of fair housing. d. Troy and Colonie hereby authorize Schenectady to act as the Consortium’s Representative Member and/or Lead Entity for the purposes of administering the HOME program. e. Schenectady, as a metropolitan city defined by the CDBG statute, has the administrative capacity to carry out the purposes of the HOME program. f. Schenectady, as the lead entity, assumes the overall responsibility for ensuring that the Consortium’s HOME program is carried out in compliance with the requirements of the HOME program, including requirements concerning the Consortium Agreement. g. The Parties agree to distribute all funds obtained under this program using the following formula: Schenectady 50%, Troy 40%, and Colonie 10%, representing the annual HOME consortium allocation. (1) The Members agree that Program Income and Recaptured funds generated from activities in this program shall be reprogrammed in their entirety, towards activities within the member jurisdiction from whence it was generated. The Member that generates the Program Income or Recaptured funds shall retain possession of the funds, but must report these funds to the Participating Jurisdiction on a quarterly basis. If the Member does not wish to reprogram these funds for their own jurisdiction’s activities, it shall return the funds to the Participating Jurisdiction to be reprogrammed at the Participating Jurisdiction’s discretion. In all cases, Program Income funds shall be expended prior to draws from the Line of Credit. h. For the purposes of this Agreement, the Program Year begins on July 1, 2018 and ends on June 30, 2019, and continues on annual basis from those dates for the duration of this Agreement. i. The Members agree to communicate every six (6) months to review the status of the Program and the progress of each member in committing and expending HOME funds. All Members of this Consortium agree to comply with the applicable portions of: CFR, Title 24, Part 92 HOME Investment Partnerships Program; the Housing and Community Development Act of 1974 as amended; CFR Title 24, Chapter V, Part 570; CFR Title 24, Part 5; Title VI of the Civil Rights Act of 1964; Title VII of the Civil Rights Act of 1968; Section 109 of the Housing and Community Development Act of 1974; Section 3of the Housing and Urban Development Act of 1968; Executive Orders 11246, 11063, and 11593, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; OMB Circular A-122 and attachments A, B, C, F, H, N, and O, The Archeological and Historical Preservation Act of 1974; the Architectural Barriers Act of 1968; the Hatch Act, Chapter 15 Title 5 U.S.C.; the Flood Disaster Protection Act of 1974; the Clean Air Act (42 U.S.C., Section 1251 et seq.); the Drug-Free Workplace Act of 1988 and any other applicable Federal Law. SECTION 3: TERM OF AGREEMENT a. This Agreement shall remain in full force and effect from the date of execution and approval by HUD for the period necessary to carry out all activities funded during the three (3) federal fiscal years: 2019, 2020, and 2021. Members are prohibited from withdrawing from this Agreement during the full three (3) year period. b. The Consortium Agreement must, at a minimum, remain in effect until the HOME funds received during each of the federal fiscal years of the qualification period, and each successive qualification period for which the Agreement is renewed, are expended on eligible activities or returned to HUD. c. Automatic Renewal Provisions: 1. The Parties agree that this agreement shall be renewed, automatically, for the Consortium’s participation in successive qualification periods of three (3) federal fiscal years each after the expiration of the current qualification period and continuing hereafter. 2. If a Consortium Member/Party to this Agreement decides not to participate in the Consortium for the next qualification period, the Consortium Member shall notify Schenectady at least 60 days prior to the beginning of the new qualification period Schenectady will notify the HUD Field Office prior to the beginning of the new qualification period. 3. Before the beginning of each new qualification period, Schenectady shall submit to the HUD Field Office a statement of whether or not any amendments have been made to this Agreement, a copy of each amendment to this Agreement, and, if the Consortium’s membership has changed, the state certification required under 24 CFR Part 92.101(a)(2)(i). The Consortium shall adopt any amendments to this Agreement that are necessary to meet HUD requirements for consortium agreements in successive qualification periods. 4. The automatic renewal of the agreement will be void if: Schenectady fails to notify a Consortium member of the HUD field office as required under this automatic renewal provision or Schenectady fails to submit a copy of  each amendment to this agreement as required under this automatic renewal provision. SECTION 4: AMENDMENTS a. The decision to add new consortium members shall be undertaken based on the unanimous input and consent of all Members. b. Amendment to this Consortium Agreement shall be accomplished only based on the unanimous consent and agreement of its Members. c. The members agree to jointly develop the language of amendments for approval by the governing body of each Member. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly authorized and executed by each on the date specified as follows: CITY OF SCHENECTADY, NEW YORK By: Gary R. McCarthy, Mayor City of Schenectady ATTEST By: Schenectady City Clerk Reviewed: By: Office of Corporation Counsel CITY OF TROY, NEW YORK By: Patrick Madden, Mayor City of Troy ATTEST By: Troy City Clerk Reviewed: By: Office of Corporation Counsel TOWN OF COLONIE, NEW YORK By: Paula A. Mahan, Supervisor Town of Colonie ATTEST By: Colonie Town Clerk Reviewed: By: Office of the Town Attorney