Chapter 01. Senior Citizen Activities Centers Capital Improvement Grants
Regulation .01 Preface.LinkCopy Citation
A.
This chapter governs the administration of grants to local government agencies to develop and improve elderly citizen activities centers under the Elderly Citizen Activities Centers Loan Act of 1987 and previous and subsequent similar acts.
B.
The terms of previous Authorization Acts continue to govern the administration of funds for facilities which have received, or after this may receive, State funds under previous Elderly Citizen Activities Centers Acts.
C.
These regulations provide rules for the administration of grants under the following Authorization Acts:
(1)
Chapter 910, Laws of Maryland, 1978, as amended;
(2)
Chapter 680, Laws of Maryland, 1983;
(3)
Chapter 472, Laws of Maryland, 1984;
(4)
Chapter 541, Laws of Maryland, 1985, as amended;
(5)
Chapter 471, Laws of Maryland, 1986;
(6)
Chapter 366, Laws of Maryland, 1987; and
(7)
Subsequent similar acts.
D.
The definition of work eligible to be funded by State grants is more restricted under some Acts than others. The applicant for grant funds shall be provided, at its request, with a list of funds available under prior Acts. However, the applicant need not apply for funds under a certain Act. The Department will award grants under the Act from which funds are available and for which the project work meets the Act's definition of eligible work.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Acquisition” means purchasing or obtaining ownership of all or part of an existing facility for use as an elderly citizen activities center.
(2)
“Area agency on aging” means the agency designated by the Maryland Department of Aging in a geographical area of the State to develop and administer the area plan for a comprehensive and coordinated system of services for older persons under the authority of the Older Americans Act, 42 U.S.C. §3001 et seq.
(3)
“Board of Public Works” means the Board established by Article XII of the Constitution of Maryland, consisting of the Governor, the Treasurer, and the Comptroller of Maryland.
(4)
“Building” means:
(a)
All or part of an existing elderly citizen activities center and its surrounding real property; or
(b)
A facility proposed to be constructed or converted for use as an elderly citizen activities center, and its surrounding real property.
(5)
“Capital equipment” means essential fixed equipment and furnishings that have an expected useful life of at least 15 years.
(6)
“Construction” means all work necessary to build an elderly citizen activities center including, but not limited to:
(a)
Acquisition of real property;
(b)
Architectural/engineering services;
(c)
Site development and improvement;
(d)
Construction; and
(e)
Equipment for completed buildings.
(7)
“Conversion” means the work required to transform a building or part of a building for effective use as an elderly citizen activities center.
(8)
“Department” means the Maryland Department of Aging.
(9)
“Design” means the work required to prepare architectural/engineering plans and specifications to construct an elderly citizen activities center.
(10)
“Elderly citizen” means a person 60 years old or older or a spouse of a person 60 years old or older.
(11)
“Elderly citizen activities center” means a community or neighborhood facility for the organization and provision of a broad spectrum of services, which include such services as health, social, nutritional, educational, and recreational programs, to elderly citizens.
(12)
“Eligible work” means that work for which the use of State funds is authorized under the applicable Authorization Act.
(13)
“Grant” means a State grant provided under the Elderly Citizen Activities Centers Capital Improvement Grants Program, unless the context clearly implies otherwise.
(14)
“Local government” means a political subdivision of Maryland.
(15)
“Master plan” means a comprehensive plan for a local government's projected need for funds for elderly citizen activities centers for a period of 15 years.
(16)
“Operating costs” means costs associated with the operation of an elderly citizen activities center, including costs for rent, maintenance, utilities, personnel, and expendable supplies and equipment.
(17)
“Planning” means the work necessary to prepare preliminary and final plans and specifications for construction of a new elderly citizen activities center and related activity.
(18)
“Project” means:
(a)
An existing elderly citizen activities center which receives or has received a State grant for eligible work;
(b)
A proposed elderly citizen activities center which receives or has received a State grant for eligible work; or
(c)
The development of a comprehensive master plan for elderly citizen activities centers in a political subdivision which receives or has received a State grant.
(19)
“Renovation” means the work required to restore and modernize a facility in order that the facility may be effectively used for its designated functional purpose as an elderly citizen activities center or to comply with current code requirements.
(20)
“Secretary” means the Secretary of Aging, or the Secretary's designee.
(21)
“Senior center” means an elderly citizen activities center.
(22)
“Site development and improvement” means the work required to develop the exterior of a facility and its surrounding real property.
Regulation .03 Eligibility of an Applicant for Grant Funds.LinkCopy Citation
A.
A local government agency may apply for State funds under the Elderly Citizen Activities Centers Capital Improvement Grants Program, if the applicant is eligible to receive funding under Title III of the Older Americans Act, 42 U.S.C. §3001 et seq.
B.
A local government agency may apply for a grant to subgrant to a nonprofit organization.
C.
Before submitting the application, an applicant which is not an area agency on aging shall have its proposed project reviewed by the area agency on aging, and shall submit a letter of recommendation from that agency with its proposal.
Regulation .04 Eligibility of a Senior Center for Grant Funds.LinkCopy Citation
A.
Except as provided in §C of this regulation, to receive a State grant, a senior center shall meet the following mandatory requirements:
(1)
Population.
(a)
An urban senior center shall serve a catchment area which has a population of at least 10,000 elderly citizens.
(b)
A rural senior center shall serve a catchment area which has a population of at least 2,000 elderly citizens.
(2)
Hours of Operation. The senior center shall operate at least 6 hours a day.
(3)
Days of Operation.
(a)
An urban senior center shall operate at least 250 days per year.
(b)
A rural senior center shall operate at least 150 days per year.
(4)
Proximity of Proposed Center to Existing Center. The senior center may not be located within a 3-mile radius of another senior center, unless the centers are under the jurisdiction of different local governments.
B.
At the discretion of the Director, one or more of the mandatory requirements in §A of this regulation may be waived, if the applicant provides evidence that the type of work proposed is classified as a priority project under Regulation .05 of this chapter.
Regulation .05 Priority of Eligible Projects.LinkCopy Citation
A.
Eligible projects shall be classified according to the type of work proposed. Projects classified under the following types of work will receive priority:
(1)
Projects to renovate or replace senior centers in order to make life safety corrections;
(2)
Projects to renovate or open senior centers in areas of high concentration of low-income, frail, or minority elderly citizens;
(3)
Projects to renovate obsolete buildings that have been in use for more than 40 years;
(4)
Projects to renovate senior centers that have been in use for more than 25 years; and
(5)
Projects which have not previously received grants under this program.
B.
The Office shall consider the total unallocated State funds available at the time applications are submitted in determining priority of projects.
C.
The Office shall also consider the following criteria in regards to grants for senior centers:
(1)
The conformity of the senior center with Statewide objectives for elderly citizen activities centers;
(2)
The practical and economic feasibilities of the proposed work;
(3)
The physical environment, location, demographic characteristics, and transportation accessibility of the proposed senior center; and
(4)
The availability of operating funds for the proposed senior center.
Regulation .06 Use of Grant.LinkCopy Citation
A.
A State grant under this program may be used by a local government for the following eligible work:
(1)
Conversion of a public building or part of a public building for use as a senior center;
(2)
Acquisition of an existing building or part of an existing building for use as a senior center;
(3)
Renovation of a senior center;
(4)
Purchase of capital equipment for a senior center;
(5)
Planning, design, and construction of a senior center;
(6)
Architects' and engineers' fees in connection with §A(1)—(5) of this regulation;
(7)
A subgrant by a local government agency to a nonprofit organization for a purpose stated in §A(1)—(6) of this regulation; and
(8)
Development of a comprehensive master plan for elderly citizen activities centers in a political subdivision.
B.
Funds available under Authorization Acts of certain years are restricted to certain of the purposes listed in §A of this regulation. The Department will apply funds available under those Acts for the purposes authorized by the Acts.
C.
Use of Part of a Building as a Senior Center.
(1)
If an existing or proposed senior center shares or will share a building with any other group or agency, the grant may be used only to perform eligible work for that area of the building designated for use as a senior center.
(2)
After completion of a project, the senior center may be used by other agencies or groups, if that use does not interfere with the operation of the senior center and is otherwise permissible under federal and State law.
Regulation .07 Amount of Grant.LinkCopy Citation
A.
A grant for conversion, acquisition, renovation, equipment, or construction may not exceed $600,000.
B.
A grant for the development of a master plan may not exceed $15,000.
C.
Except as provided in §E of this regulation:
(1)
A State grant may not exceed 50 percent of the total cost of eligible work;
(2)
At least 50 percent of the cost of eligible work shall be provided from local contributions.
D.
If a federal grant is available for the project, unless federal law is to the contrary, the federal grant shall be applied to the costs of the project before a grant under this program is applied. If a federal grant is applied, a grant under this program may not exceed 50 percent of the total cost of eligible work remaining after the federal grant has been applied, except as provided in §F of this regulation.
E.
At the discretion of the Board of Public Works, a grant may exceed 50 percent of the cost of eligible work, if:
(1)
The grant is for conversion, renovation or planning, design and construction of an elderly citizens activity center;
(2)
The value of property and improvements made available by the local government, including but not limited to eligible work, or the value of the center to be renovated, equals or exceeds the amount of the State grant;
(3)
State funds have not been used for the acquisition, construction, or maintenance of any real property or improvements made available by the applicant, or for the building to be converted or renovated; and
(4)
The State is not responsible for any bonded indebtedness in connection with any real property or improvements made available by the applicant, or in connection with the building to be converted, acquired, or renovated.
F.
A grantee that has in the past received funds in a total amount of less than $300,000 for an eligible project under this program may receive a grant for additional eligible work in an amount equal to the difference between the prior grant and $300,000, if the project meets the other requirements of this chapter.
G.
In determining the amount of the grant, the Department shall also consider:
(1)
The senior citizen population density of the area for which the project is proposed;
(2)
The proximity of the project to existing senior centers; and
(3)
Localities eligible for funding that have not received funds in the past.
Regulation .08 Applications for Conversion, Acquisition, Renovation, Purchase of Capital Equipment, and Construction.LinkCopy Citation
A.
The applicant may apply for a grant to be used for conversion, acquisition, renovation, construction, or the purchase of capital equipment by filing with the Department an original application and seven copies, on a form provided by the Department.
B.
The application shall include all of the following information:
(1)
Program statement, briefly describing the proposed project.
(2)
Overview of project, including major aspects and justification for the proposed project.
(3)
Project considerations, detailing needs to be met, services to be provided, and the scope of the project.
(4)
Physical characteristics, describing the specific physical features of the project.
(5)
Financial projections, detailing all estimated costs and sources of capital funds for the project.
(6)
A written opinion of legal counsel certifying the applicant's interest in the project site.
(7)
If the project involves an existing facility, certification from the local government that the project has been inspected, and that all major capital improvements necessary to insure life safety have been identified in the application. The certification shall include:
(a)
A written assessment from a local public facilities agency such as a local department of public works, that identifies all State and local building, health, and safety code deficiencies that will require correction;
(b)
A written assessment from the local fire authority that identifies all State and local fire code deficiencies that will require correction.
(8)
Written assurance in the following language: “The proposed project shall be operated as a senior center for a period of 15 years after its completion and may not be sold, bargained, or transferred to any person, agency, or organization not qualified as an applicant under these regulations, without the prior express written approval of the Secretary and the Board of Public Works”.
(9)
If, at the time of application, the applicant:
(a)
Owns property to be used as part of the project, a copy of the deed evidencing the applicant's interest in that property;
(b)
Rents property to be used as part of the project:
(i)
Certification that the applicant will continue to rent the property for at least 15 years,
(ii)
Certification that the applicant has recorded the written lease in the land records of the political subdivision in which the proposed project will be located, and
(iii)
A copy of the lease;
(c)
Does not own or rent property to be used as part of the project:
(i)
A letter from the potential grantor or lessor that evidences an intent by the potential grantor or lessor to convey the property or to lease the property for 15 years, and
(ii)
After the property has been conveyed or leased to the applicant, a copy of the deed or lease, and certification that the deed or lease has been recorded in the land records of the political subdivision in which the proposed project will be located.
(10)
If the application is for the acquisition of a building or part of a building for use as a senior center, both of the following apply:
(a)
An appraisal performed by appraisers selected from the Department of General Services' list of independent fee appraisers. If the property is to be acquired from private owners, two appraisals are required. If the property is to be acquired from a unit of government, one appraisal is required.
(b)
Certification by the local government that no public building appropriate for use as a senior center exists in the area where the proposed project will be located.
(11)
If the application is for construction of a new building or part of a building for use as a senior center, certification by the local government that no public building appropriate for use as a senior center exists in the area where the proposed project will be located.
(12)
If the applicant intends to use the value of real property as a local matching contribution under Regulation .09 of this chapter, an appraisal of the real property performed in accordance with §B(9)(c) of this regulation.
(13)
Other information required by the application form.
Regulation .09 Applications for Development of Master Plans for Elderly Citizen Activities Centers.LinkCopy Citation
A.
A local government agency may apply for a grant to be used for development of a master plan by filing with the Department an original application and seven copies, on a form provided by the Department.
B.
The application shall include all of the following information:
(1)
Program statement, briefly describing the proposed project, an explanation of the need for a master plan, and a description of the methodology to be used in development of a master plan. The methodology shall include:
(a)
An analysis of demographic characteristics and trends in the jurisdiction which demonstrate a need for future senior centers; and
(b)
An analysis of the geographic location of the area and how the location affects the area's need for senior centers.
(2)
The total cost of the proposed project.
(3)
Alternative and supplementary sources of funding for the proposed project, including the source of funds that the applicant will provide.
(4)
Other information required by the application.
C.
The applicant shall insure that upon the completion of the project, the master plan shall include the following:
(1)
A summary of findings and conclusions;
(2)
A description of the agency that developed the master plan and its involvement with implementing the plan;
(3)
Background data on each senior center in the project area, including:
(a)
An overview of each senior center,
(b)
User data for each senior center, and
(c)
Programs, services, or operations provided at each senior center;
(4)
Evaluation of each senior center, including:
(a)
Coordination with other aging services and programs, and
(b)
Adequacy of service provision;
(5)
Master plan proposal for senior centers; and
(6)
Recommendations based on goals and objectives established by the local government.
Regulation .10 Allowable Types of Local Contributions.LinkCopy Citation
A.
Except when the application is for the development of a master plan, the applicant may apply the following types of contributions toward the applicant's required share of the cost of eligible work:
(1)
Cash;
(2)
The value of real property and improvements made available by the applicant for use as part of the project; and
(3)
If the applicant proposes to contribute leased property for use as part of the project, the 15-year net retail rental value of that property.
B.
The total value of allowable local contributions shall equal or exceed the amount of the requested State grant, except as provided in Regulation .07E of this chapter.
C.
If the application is for the development of a master plan, the applicant shall contribute at least 50 percent of the cost of eligible work in cash.
Regulation .11 Application Procedure.LinkCopy Citation
A.
The applicant shall comply with the application procedures required by the Department at the time of application.
B.
Applications shall be filed with the Secretary.
C.
The Secretary shall establish a reasonable date each year by which all applications for grants during that fiscal year are to be received. The Secretary shall provide a copy of each application to the Maryland State Clearinghouse for Intergovernmental Assistance and the Department of General Services for review and comments.
D.
After the Secretary approves an application, the Secretary shall promptly report the application to the Board of Public Works, together with a written report that includes:
(1)
A statement that:
(a)
The project has been reviewed by the Maryland State Clearinghouse for Intergovernmental Assistance and the Department of General Services,
(b)
Indicates that all costs identified in the project application are determined to be reasonably sufficient to bring the facility into conformity with all existing building, fire, handicapped accessibility, and all other applicable State and local codes,
(c)
The project has been approved by the Secretary; and
(2)
A recommendation that the Board of Public Works make a grant to the applicant, and a recommendation as to the amount of the grant.
Regulation .12 Award of Contracts by the Grantee.LinkCopy Citation
A.
In awarding a contract for the performance of eligible work under a grant, a grantee shall comply with regulations or guidelines adopted by the Board of Public Works regarding the use of State funds.
B.
If a grantee proposes to award a contract for the performance of eligible work under the grant, and if competitive bidding is required, the grantee shall comply with each of the following requirements before a contract is awarded:
(1)
The grantee shall advertise for competitive bids in appropriate trade publications, including appropriate publications used by the Department of General Services;
(2)
The grantee may select and recommend as the contractor the bidder whose offer, in the opinion of the applicant, best combines economy and quality;
(3)
The grantee shall submit the bid tabulation and the name of the recommended contractor to the Department.
C.
In a case covered by §B of this regulation, the Department shall forward all bid and proposed contract documents to the Department of General Services for review, submission, and recommendation to the Board of Public Works.
D.
After a grantee has awarded a contract in accordance with this regulation, the grantee shall submit the following information:
(1)
If the contract is for architectural services, the grantee shall submit to the Department copies of all preliminary and final architectural plans and specifications, including all architectural contract documents to insure consistency with the approved application and compliance with all State and other applicable requirements;
(2)
If the contract is for construction, the grantee shall submit copies of the executed contract to insure compliance with the approved grant application and all other State requirements;
(3)
If the contract is for the purchase of equipment, the grantee shall submit copies of all equipment price lists for evaluation of compliance with the approved grant application and all other State requirements.
Regulation .13 Additional Requirements Applicable to Grantee.LinkCopy Citation
A.
Completion of Eligible Work.
(1)
Except as otherwise provided in this regulation, a grantee shall complete eligible work within 2 years after receiving notification from the Secretary that its application has been approved by the Board of Public Works.
(2)
When eligible work has been completed, the grantee shall submit to the Department a certification from qualified personnel of the grantee or of a contractor that the work has been completed according to approved plans.
B.
Extension of Time for Completion; Other Changes.
(1)
If the grantee is unable to complete eligible work in the manner initially approved or within 2 years, the grantee shall promptly notify the Secretary.
(2)
The Secretary may grant a request by the applicant for a change in the manner or time of completion of eligible work, including an extension of time, for good cause.
C.
Insurance Requirements.
(1)
The grantee shall provide fire and extended coverage insurance during the entire period of work on the project. The policy shall be endorsed to protect the State to the extent of the State's interest. The grantee shall submit evidence of this insurance to the Department.
(2)
Upon completion of the project, the grantee shall maintain, for a period of 15 years, fire insurance in an amount at least equal to the State's contribution to the project. The grantee shall submit evidence of this insurance annually to the Department and to the State Treasurer's Office.
(3)
If the eligible work is acquisition, the grantee shall provide fire insurance for its interests in the property to be acquired from the time the contract of sale is signed until the time of settlement. The grantee shall submit evidence of this insurance to the Department.
D.
Information and Inspection.
(1)
The Department may require the grantee to keep and submit to the Department, in the manner the Department determines, information on any subject relevant to the acquisition, renovation, equipping, conversion, construction, and operation of the senior center.
(2)
The Secretary may inspect a senior center during reasonable business hours.
Regulation .14 Recovery of State Grant Funds.LinkCopy Citation
A.
Under the conditions of §B of this regulation, the State may recover State grant funds.
B.
The State may recover State grant funds if, within 15 years of the completion of a project:
(1)
An interest in property with respect to which funds have been paid under this program is assigned, transferred, or conveyed:
(a)
To any person, agency, or organization which has not been approved by the Board of Public Works as a transferee, or
(b)
For use other than as a senior center; or
(2)
Property with respect to which funds have been paid under this program ceases to be operated as a senior center.
C.
The amount of State recovery shall be:
(1)
An amount bearing the same ratio to the then current value of so much of the property as constituted a project, as the amount of the State funds bore to the total cost of all eligible work; and
(2)
All costs and reasonable attorney fees incurred by the State in recovery proceedings.
D.
Notice Recordation.
(1)
Before the payment of State funds under this program, the grantee shall record the notice of the State's right to recovery required by the Authorization Act under which the grant has been made.
(2)
The notice shall be recorded in the land records of the jurisdiction in which the senior center or proposed senior center is or will be located.
(3)
The grantee shall provide evidence of the recordation to the Department.
Chapter annotations
Authority: Human Services Article, §10-510, Annotated Code of Maryland
History: Effective date:
History: Chapter adopted as an emergency provision effective August 18, 1978 (5:18 Md. R. 1384); adopted permanently effective January 6, 1979 (5:26 Md. R. 1931)
History: Regulations .01, .02B, .04A, .10, and .13 amended effective December 14, 1979 (6:25 Md. R. 1984)
History: Regulations .01, .02B, .03, .04A, .06, .10A, and .13 amended effective May 15, 1981 (8:10 Md. R. 879)
History: Regulations .01, .02B, .08, and .13A amended effective June 16, 1986 (13:12 Md. R. 1374)
History: Regulation .02-1 adopted effective June 17, 1985 (12:12 Md. R. 1166)
History: Regulations .01—.13 amended effective June 17, 1985 (12:12 Md. R. 1166)
History: Regulation .10-1 adopted effective May 15, 1981 (8:10 Md. R. 879); repealed effective June 17, 1985 (12:12 Md. R. 1166)
History: Regulations .01—.13 repealed and new Regulations .01—.14 adopted under a new chapter, Elderly Citizen Activities Centers Capital Improvement Grants, as an emergency provision effective June 14, 1987 (14:14 Md. R. 1565); emergency status extended at 14:22 Md. R. 2336; emergency status expired January 7, 1988 (Emergency provisions are temporary and not printed in COMAR)
History: Regulations .01—.13, Conversion of Surplus Public Schools and Other Public Buildings Into Elderly Citizen Activities Centers, repealed effective May 2, 1988 (15:9 Md. R. 1113)
History: Regulations .01—.14, Senior Citizen Activities Centers Capital Improvement Grants, adopted effective May 2, 1988 (15:9 Md. R. 1113)
History: Chapter recodified from COMAR 14.11.01 to COMAR 32.03.01, October 2000
History: Regulation .07A amended effective February 12, 2007 (34:3 Md. R. 303)