Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Public Works and Environmental Services
Division: Housing and Urban Planning Division
Information
Requested Action
title
A. MOTION TO APPROVE Broward County, through the Housing and Urban Planning Division, serving as the Responsible Entity pursuant to 24 C.F.R. Part 58 for the environmental review of the Vista at Springtree affordable housing development in connection with eight project-based vouchers to be provided by the Dania Beach Housing Authority; approve Memorandum of Understanding between Broward County and Dania Beach Housing Authority for completion of the environmental review, in substantially the form attached as Exhibit 1; authorize the County Administrator to execute same with any required modifications provided such modifications do not impose any additional cost or material risk to County, and subject to review as to legal sufficiency by the County Attorney’s Office; designate the Director of the Housing and Urban Planning Division (“Director”) as the Certifying Officer and authorize the Director to take all actions and execute all certifications and other documents necessary to perform the County’s responsibilities as Responsible Entity under 24 C.F.R. Part 58; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement same.
B. MOTION TO AUTHORIZE Broward County, through the Housing and Urban Planning Division, to serve as the Responsible Entity pursuant to 24 C.F.R. Part 58, when authorized by applicable federal law, for environmental reviews of eligible projects or activities undertaken or administered by local governmental entities, public housing authorities, public school districts, and public colleges and universities; authorize the County Administrator to execute agreements for such environmental reviews in substantially the form approved by the Board in Motion A, with any required modifications provided such modifications do not impose any additional cost or material risk to County, and subject to review as to legal sufficiency by the County Attorney’s Office; designate the Director as the Certifying Officer for purposes of the environmental review and authorize the Director to take all actions and execute all certifications and other documents necessary to perform the County’s responsibilities as Responsible Entity under 24 C.F.R. Part 58; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement same.
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Why Action is Necessary
Motion A: Board approval is required for Broward County to serve as the Responsible Entity for the environmental review of the Vista at Springtree affordable housing development and to enter into the proposed Memorandum of Understanding with the Dania Beach Housing Authority.
Motion B: Board approval is required to authorize Broward County, through the Housing and Urban Planning Division, to serve as the Responsible Entity for future environmental reviews on behalf of eligible governmental entities, public housing authorities, public school districts, and public colleges and universities and to authorize the County Administrator to execute future agreements for such services.
What Action Accomplishes
Motion A authorizes Broward County to serve as the Responsible Entity for the environmental review of the Vista at Springtree affordable housing development and approves the Memorandum of Understanding with the Dania Beach Housing Authority governing the parties' respective responsibilities for completion of the environmental review.
Motion B authorizes Broward County, through the Housing and Urban Planning Division, to serve as the Responsible Entity for future environmental reviews for eligible projects or activities undertaken or administered by local governmental entities, public housing authorities, public school districts, and public colleges and universities, when authorized by applicable federal law, and authorizes execution of future agreements for such services.
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Previous Action Taken
None taken.
Summary Explanation/Background
THE PUBLIC WORKS AND ENVIRONMENTAL SERVICES DEPARTMENT AND THE HOUSING AND URBAN PLANNING DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.
Approval of the motions furthers the Board’s goal of “ensuring residents have an affordable place to live by offering sustainable, compatible, innovative, accessible, affordable housing options for all income levels, including integrated, permanent supportive housing and zoning that helps residents build equity.”
Certain projects and activities receiving federal financial assistance from the U.S. Department of Housing and Urban Development (“HUD”) are subject to environmental review requirements, 24 C.F.R. Part 50 or Part 58 under the National Environmental Policy Act and related federal laws and authorities. Pursuant to 24 C.F.R. Part 58, eligible units of general local government may assume responsibility for completing applicable environmental reviews as the “Responsible Entity.”
Part 50 is required when no unit of general local government, state, or Indian tribe has the legal authority or acts as the Responsible Entity to assume the NEPA (National Environmental Policy Act) responsibilities, or when the program or transaction type dictates HUD direct involvement.
Per official HUD guidelines, "Public Housing Authorities are not units of local government and cannot assume environmental responsibility under Part 58". Due to this limitation, the responsibility falls upon the federal government to perform the environmental review itself under a 24 CFR Part 50. However, administrative staff shortages and restructuring within HUD's offices have constrained their capacity to complete these environmental findings and determinations. HUD has determined that Broward County possesses the qualified internal staff, technical expertise, and historical administrative track record necessary to successfully navigate and execute these specific federal approvals. Furthermore, HUD has exercised its regulatory authority Under 24 CFR 58.11(d), to officially assign and designate these environmental review responsibilities to Broward County as a 24 CFR Part 58.
The Dania Beach Housing Authority (“DBHA”) intends to provide eight project-based vouchers for the Vista at Springtree affordable housing development located in the City of Sunrise (“Springtree”). The provision of the project-based vouchers requires completion of a federal environmental review. DBHA has requested that Broward County serve as the Responsible Entity and complete the required environmental review for Springtree pursuant to 24 C.F.R. Part 58.
The proposed Memorandum of Understanding (“MOU”), attached as Exhibit 1, establishes the respective responsibilities of the County and DBHA for completion of the Springtree environmental review. Under the MOU, the County, acting through the Housing and Urban Planning Division (“HUPD”), will perform and/or manage the environmental review and prepare the required environmental review record and related documentation in accordance with applicable federal requirements. DBHA will provide the project information and documentation necessary for the review and will reimburse the County for expenses incurred in performing the services.
In addition to addressing the immediate need for the Springtree environmental review, Motion B authorizes HUPD to perform environmental reviews pursuant to 24 C.F.R. Part 58 for future eligible projects or activities undertaken or administered by local governmental entities, public housing authorities, public school districts, and public colleges and universities when Broward County is authorized under applicable federal law to serve as the Responsible Entity.
The authority provided by Motion B will allow the County to undertake future environmental reviews without obtaining separate Board approval for each individual project. Future agreements must be substantially in the form of the MOU approved by Motion A, subject to review and approval as to legal sufficiency by the Office of the County Attorney and may not impose additional financial obligations or material risk on the County beyond those contemplated by the form agreement.
The Springtree MOU requires DBHA to reimburse the County for expenses incurred in performing the environmental review, including publication costs, necessary travel expenses, postage and delivery charges, consultant and expert expenses, County staff time, and costs associated with surveys or investigations.
Source of Additional Information
Darby P. Delsalle, AICP, Director, Housing and Urban Planning, (954) 357-9792.
Fiscal Impact
Fiscal Impact/Cost Summary
No fiscal impact.