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
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A. MOTION TO AUTHORIZE County Administrator to amend the Broward County HUD Five Year Strategic Consolidated Plans and Citizen Participation Plan for Fiscal Years 2015-2019 through Fiscal Years 2020-2024 and 2025-2029 and the accompanying Annual Action Plans for the U.S. Department of Housing and Urban Development ("HUD") Community Planning and Development Grants; to make necessary project/activity eligibility and programmatic changes; reprogramming funds and revising the Community Development Block Grant ("CDBG"), Emergency Solutions Grant (“ESG”), HOME Investment Partnership Program Grant (“HOME”), and HOME Investment Partnership American Rescue Plan Program Grant (“HOME-ARP”), based on the recommendations in Exhibit 1; authorizing the County Administrator to take all necessary administrative and budgetary actions for implementation of the changes, to submit a copy of the amendment to HUD, and to negotiate and execute agreements, amendments, reinstatements, and interlocal agreements with subrecipients, and/or contractors/developers to implement the programs and allocate funding for the respective programs, subject to the review and approval as to legal sufficiency by the Office of the County Attorney.
B. MOTION TO AUTHORIZE County Administrator to take all necessary administrative and budgetary actions to appropriate and implement the additional Home Investment Partnerships Program American Rescue Program (HOME-ARP) Grant revenue funds in the amount $21,042, as detailed in Exhibit 2, and amend the Broward County Five Year Strategic Consolidated Plan for Fiscal Years 2020-2024 and the accompanying Annual Action Plan.
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Why Action is Necessary
Motion A. Board approval is required to amend Broward County HUD Five Year Strategic Consolidated Plans and accompanying Annual Action Plans to reprogram/reallocate funding and priorities, implement substantial changes, execute agreements and amendments to implement such changes, and subsequently execute agreements with other municipalities, agencies, and vendors (Exhibit 1).
Motion B. Board action is required to authorize the County Administrator to recognize and appropriate funds and adopt budget Resolutions for implementation of the AAP; and take all other administrative and budgetary actions necessary to implement the plan (Exhibit 2).
What Action Accomplishes
Motion A. This action approves changes to the Broward County HUD Five Year Strategic Consolidated Plans and accompanying Annual Action Plans, appropriates funds to agreements with other municipalities, agencies and vendors, and subsequent budgetary and administrative actions for compliance and implementation.
Motion B. This action authorizes the County Administrator to recognize and appropriate HOME-ARP funds and take all necessary actions for implementation.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
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.
This item supports the Board's goal: "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”.
Motion A
This motion allows the County to make the necessary changes to the Broward County HUD Five Year Strategic Consolidated Plans and accompanying Annual Action Plans (AAP), make necessary regulatory project eligibility and programmatic changes, and subsequent budgetary and administrative actions detailed in Exhibit 1.
Community Development Block Grant (CDBG)
CDBG Remaining Balances Reallocated to Broward County Housing and Urban Planning Division (“HUPD”) for Countywide Housing Projects and/or projects administered by HUPD.
Remaining balances and/or program income from the following cities and organizations will be reallocated to Projects/Activities as detailed in Exhibit 1.
Broward County Housing Authority
City of Dania Beach
City of Hallandale Beach
City of Lauderdale Lakes
City of Lighthouse Point
City of North Lauderdale
City of Oakland Park
City of Parkland
City of Plantation
City of West Park
City of Wilton Manors
HOPE, Inc.
Funds That Had Been Temporarily Recaptured by Broward County HUP and are Being Replenished to City/Subrecipient.
Funding Allocation to cities/subrecipients that have slow moving projects/activities are temporarily recaptured and reallocated to viable, ready-to-go projects/activities to meet HUD timeliness expenditure compliance. This allows temporary reprogramming and subsequent replenishment, provided that the project remains viable, eligible, and on schedule. These will be replenished and reallocated to Projects/Activities, as detailed in Exhibit 1.
City of North Lauderdale
City of Wilton Manors
City of Dania Beach
City of West Park
City of Lighthouse Point
Emergency Solutions Grant (ESG)
ESG Remaining Balances Recaptured by the Broward County Housing and Urban Planning Division (“HUPD”) and Proposed Reallocation to the Projects/Activities Administered by HUPD and Partnership with Other County Agency.
Remaining balances from the following organizations will be reallocated to Projects/Activities, as detailed in Exhibit 1.
Broward Partnership
Broward County Housing Options, Solutions, and Supports Division (HOSSD)
Women in Distress
HOME Investment Partnership Program Grant
HOME Grant Project/Activity Reallocations as Requested by Entitlement Cities that are Part of the County's HOME Consortium as detailed in Exhibit 1.
City of Lauderhill
City of Tamarac
HOME Grant Affordable Housing/Purchase Assistance and/or Housing Rehabilitation Assistance Cap Changes as Requested by Entitlement Cities as part of the County's HOME Consortium Administered by the County as detailed in Exhibit 1.
City of Plantation
HOME Grant Expected Remaining Balances to be Reallocated to Broward County Housing and Urban Planning Division (“HUPD”) Countywide Housing Projects and/or projects administered by HUPD
These projects identified below are funded by the County through its HOME Consortium and allocated to the participating members through HUD formula. These city projects are past or nearing the four-year completion deadline from the date of the agreement and will be recaptured and reallocated to countywide Projects/Activities, as detailed in Exhibit 1.
City of Lauderhill
City of Tamarac
The balances are subject to change if eligible reimbursement requests are submitted prior to the expiration of the agreement.
HOME Grant Project/Activity Reallocations and/or Changes in Administration and Implementation of HOME Funds as Requested by HOME Consortium City.
HOME Consortium Entitlement City Below Requested that the County’s HUPD Administer and Implement the HOME Project(s)/Activity(ies) as detailed in Exhibit 1.
City of Pembroke Pines
HOME Grant (In Danger of Expiring) Remaining Balances, Uncommitted Funds and/or Funding from Slow-Moving Affordable Housing Projects/Activities to Include Rental New Construction, Rental Acquisition, Rental Acquisition/Rehabilitation, GAP Funding, etc.
HOME Grant Fiscal Year Reallocations/Shifts as detailed in Exhibit 1.
At the end of every federal fiscal year, older balances (approximately seven to eight years after award) and/or uncommitted HUD HOME grant expiring funds are recaptured by the United States Treasury.
HUD Regulation 24 CFR 92.551, specifically (c)(1) (i) through (vii), allows for the creation and implementation of management plans to prevent adverse effects and loss of funding due to expiring funds and other regulatory requirements. Grant Funds (HOME and CDBG) can be shifted (moved from one eligible activity to another) to IDIS activities with upcoming draws to prevent loss or expiring funds if all of the activities/projects have already been described in the HUD Approved Annual Action Plans (AAP) and approved by the Broward County Board of County Commissioners (BOCC).
To efficiently manage the grant lifecycle and prevent expiration of funds and recapture, HUPD will establish an internal policy that allows older nearing-expiration funds, remaining or uncommitted balances, funds from projects that are slow-moving, and/or contain expiring funds and in danger of recapture to be shifted (ability to use the older funds for a current expenditure/draw) for newer funds on ready-to-expend projects. This maximizes efficiency, prevents fund expiration, and aligns with HUD’s goals. This strategic shift optimizes grant life and maximizes impact. This will only occur on BOCC approved projects.
General Changes to the Consolidated Plan/Annual Action Plan
Update Broward County HUPD’s Citizen Participation Plan for HUD Consolidated Plan Programs to align with Federal Regulations regarding Public Notice procedures for Environmental Reviews.
HUD regulations require multiple strict public notification and comment periods for Environmental Reviews (Notice of Finding of No Significant Impact and other required notices). Recent guidance from HUD indicated that it officially updated its environmental review public notice requirements to allow government websites to be used instead of limiting it to local newspapers for certain public notice publications. This reduces the cost of the current public outreach advertising methods. HUPD will update the citizen participation plan to reflect the changes below. If additional Guidance is provided or streamlined ERR publications and notices are updated, HUPD will subsequently update those in favor of the County.
• Alternative Posting: Notices can be published on a government website that is accessible to people with disabilities, rather than in a newspaper.
• NOI-RROF (Notice of Intent to Request a Release of Funds): seven-day
comment period if published online, or ten days if by mailing/posting,
• FONSI (Finding of No Significant Impact): 15-day comment period if published online, or 18 days if by mailing/posting.
• Combined Notices: 15-day comment period if published online, or 18 days if by mailing/posting.
Motion B
HOME Investment Partnerships American Rescue Plan Program (HOME-ARP) Grant
On March 15, 2022 (Item No. 29), the BOCC authorized the County Administrator to amend the Broward County Five Year Strategic Consolidated Plan for Fiscal Years 2020-2024 and the accompanying Annual Action Plan(s) in order to accept the Home Investment Partnerships Program American Rescue Plan or "HOME-ARP" grant.
Subsequently, on October 24, 2023, (Item No. 17) and May 20, 2025, (Item No. 32), the BOCC approved the award of four new construction of affordable housing multi-family rental developments, committing all the HOME-ARP program funds. HUPD utilized HOME-ARP administrative funds to be able to fully fund the four projects. During the 2025 BOCC summer recess, HUD submitted a letter indicating the discovery of an administrative error in the allocations of the HOME-ARP funds. This error resulted in our jurisdiction inadvertently being allocated less HOME-ARP funds than it was legally entitled to receive. HUD determined that the County received $21,042 less than it should have. HUD submitted a revised HOME-ARP Agreement, which was executed by the County Administrator during the BOCC summer recess (Exhibit 2). HUPD is allocating $21,042 for continuing administrative obligations and ongoing federal requirements until the September 2030 expiration date of the agreement.
Source of Additional Information
Darby P. Delsalle, AICP, Division Director, 954-357-9792
Fiscal Impact
Fiscal Impact/Cost Summary
No Fiscal Impact.