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Home My WebLink About1979-11-26 25 AH RESOLVE25 AH Introduced by Councilor Soucy, November 26, 1979 CITY OF BANGOR (TITLE.) �900IIIEa a th ,izim., ty Kana& r,_te, Comment onme St t ..... _... ._._... _... H pg A tho„;Fty Proposed Rl Copation,th Ical Govex t ..._...._ _ .... By the city caunal Wlbe CSAy of Bugger.' R OLVBD, WIMIRE S, before the Maine Stetg�Housing Authority can perform operations n localities, including the development of proposed housing projects (new construction or substantial rehabilitation), the administration of Section 8 existing housing subsidies, in the excretion of any contracts with the Federal Government for financial assistance, the local governing body and local housing authority shall have passed resolutions consenting to such operations; and WHEREAS, the Naive State Heading Authority has proposed a draft rule entitled "Cooperation with Local Governments" which is to be the subject of a public hearing,to be held by the Maine State Housing Authority on Thursday, November 29, 1999- aha' 'WEERE9S, the proposed role would set forth the Main State bracing Authority's policies and procedures regarding local consent resolutions for the development of Keine State Housing Authority and Federally assisted housing. NOW, THEHEPORE, BE TP HEGOLYID HY THE CM COUNCIL OF THE CITY OF BANGOR THAT, toe City Manager is hereby authorised to indicate to the Maine State Housing Authority that the City Council of the City of Bangor has no objections to the Maine State Housing Authority proposed rule entitled "Cooperation Lith local Government",'a copy of which is on file in the City Clerk's Office. 25 AN O1E - IN eNorvenbe COUNCIL26, 5 6-r V E: er 1979 " we the yeee[ion £diose, FN GM It P3 28 by the by {he follartin yes and no vacs¢.' _ Cwncilars voting yes: ealdacci.- " ` :. Gass, McKernan aM'Saucy. Aptisorizing,city eamger omseat jY OF BA G CIjY OF BANGOR CIiY 0.EflN Councilors; voting 'no: Brountes,. Porte[, WOM and zeruteian. on Wine State Housing Authority Councilor absent: Weymouth. _ Proposed Rule "e6Qperation Qifh'rocal Vote to table to next seetin§ GOve[nseot": ` failed by the fell wing yes and As- " votes. CWncilors voting yes: Gass, FeKernan, W pd end zerazlen. Councilors 'voting no; Baldacci,; r I 7' _ Brountas, Porter and Soucy. [ ,. Councilor absent: Weymouth. Vote to mo a the question passad'by the £ollwing yes and no votes: r. _ Councilor¢ voting yes: Baldaccl, B[Ountas, Gass, McKernan, yorter2 Soucy Wood and zemdzian.! Councilor absent:, Weymouth. Indefinitely Postponed by the following yes and novotes. -Councilors voting yes: ' Bamacci,GraWtas., Gass, McKernan. Scocy and zenarian. Conncilors voting n Councilor absent n WeYauth: _ . 22:z ��Clw CLERK ' MAINE STATE 11 k®HORITY 7 AUTHORITY November 8, 1979 Dear Sir or Madame: Please find enclosed a copy of the Maine State Mousing Authority's latest draft of a rule to he entitled "Cooperation with local Governments.' This latest draft has resulted from comments obtained at a public hearing held on September 19, 1979 and from written comments sent by several interested persons." This latest draft will be the subject of another public hearing to be held at the Authority's offices at 320 Water Street, Augusta, Maine, at 10:00 A.M., Thursday,November 29, 1979. We invite your attendance at the hearing or. your written comments. Please write me or call me at 800-452-4668 if you have any questions. - Very truly yours, l. Charles M. Sexton General Counsel CMS/rw Enclosure SiAWATGi.STAEET • AUGUSTA • MAINE • coma • (zm)aaavw, c .-n [DRAFT POR PUBLIC HEARING TO BE HELD ON 11/29/791 99- INDEPENDENT AGENCIES - NOT PART OF STATE GOVERNMENT 346 MAINE STATE HOUSING AUTHORITY Chapter 2 Cooperation with Local Governments SUMMARY: The Maine Housing Authorities Act, 30 M.R.S.A. 54551 at seq., requires that the Maine State Housing Authority cooperate with local governments and obtain certain local consents before performing certain operations in localities. This rule seta forth the procedures for such cooperation, and establishes the Maine State Housing Authority's preference for local consent resolutions following generally the statutory form. 1. Definitions. A. Local governing body. Local governing body means the legislative body of the municipality. B. Preliminary designation. Preliminary designation means the written notification given by the Maine State Housing. Authority to the developer of a proposed project that his proposed site is acceptable for the development of a specified number and general type of housing units. - C. Proposed project. A proposed project means a proposal submitted to the Maine State Musing Authority for federal financial assistance for new construction or substantial rehabilitation of a multi -family housing development. 2. Consent Resolutions. A. Before the Maine State Housing Authority can perform certain operations in localities, including the development of proposed projects (new construction or substantial rehabilitation), the .administration of Section 8 existing housing - subsidies, and the execution of any contracts with the federal government for financial assistance, the local governing body and local housing - authority, if any, shall have passed resolutions consenting to -such operations. - B. The Maine State Housing Authority prefers to operate in localities which have passed consent resolutions following generally the statutory foim.�" given in 30 M.R.S.A. §4552 (1). This form is as follows: The Maine State Housing Authority is authorised to seek and may contract for financial assistance from the Federal Government for the housing purpose of providing housing for low—income Persons and families in (Name of Municipality). C. The Maine State Housing Authority will not allocate housing assistance in localities where consent resolutions are in effect which specify the housing developer, the housing management entity, or the site, or which contain restrictions which could jeopardize the security of the Maine State Housing Authority's mortgage interest. Exception: Consent resolutions which specify sites which are controlled by local government, local renewal o housing authority, or other local public agency are 'acceptable. 3. Proceduresafor Review of PrRE[YO ed Projects by Local Graver Ing �3ecar d IDg Aut o[1�[1Jees (seal construction ana subs antva re al,ilataEion only). A. Notification -of"intent to Advertise. prior to advertising for proposals specifically limited to a particular locality, the Maine State Housing Authority will notify the local governing body and local housing authority, if any, of its _ intent. B. Notification of Receipt of Proposed Project. When the Maine State Housing Authority has received a proposed project for consideration, and such proposal is in substantially complete form, it shall give written notification to the acting chief executives of the local government and of the local housing authority in the locality where the project is proposed to be located. Such notification shall - set forth all important non-confidential components of the application. C.Martins with Local GoverningBodyand Local Housin ut oraty. A representative of the Maine State Housing Authority shall meet and discuss with the local 2 - governing body and the local housing authority _ concerning permissable and preferred developers, housing management entities and sites in anticipation of a preliminary designation of a proposed housing project. D. Notification of Preliminary Designation. When the Maine State Housing Authority has made a preliminary designation of a proposed project, it shall within 30 days give written notification to the acting chief executives of the local government and of the local housing authority. Such notification shall include a copy of the preliminary designation given to the developer of the proposed project, and an explanation of the option to disapprove the preliminary designation - stated in paragraph E below. E. Option to Dissaproye-Preliminary Designation. Within 45 days of receipt by or on behalf of the acting chief executives of the local government and the local housing authority of the notification of preliminary designation, the local governing bodyor the local housing authority may disapprove the preliminary designation. Such disapproval shall have the effect of repealing the local governing body's or local housing authority's consent resolution for that proposed project only. Failure of the local governing body or local housing authority to disapprove a preliminary designation within such 45 day period shall render any subsequent disapproval or repeal of the consent resolution by such local governing body or local housing authority ineffectual with respect to the proposed project. P. Notification of Project failure. The Authority shall notify the localgov rnrng body and local housing authority if and when a proposed project which has received preliminary designation, and which has not been disapproved by the local governing body or local housing authority, fails to proceed to construction. 4. No Effect on Local Ordinances. The policies and .procedures set forth in this rule are independent requirements, and have no effect upon any local 3 ordinances or local administration of state law to which a proposed project may be subject. .. BASIS STATEMENT: The basis for this rule is the Commissioners' wish to cooperate fully with local governments and housing authorities, to explain the Authority's procedures and to express the Commissioners' preference for •wholehearted• local support, unrestricted by specifications which would limit the competition among potential developers, managers, or sites or which would impair the security of the Maine State Housing Authority's mortgage interest. AUTHORITY: 30 M.R.S.A. 54651 (1); 4552 (1); 4651 (10); 4701. EFFECTIVE DATE: