AGENDA #4i

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Proposed Revisions to the Citizen Participation Plan for the Community Development Program

 

DATE:             February 28, 2000

 

The purpose of this memorandum is to present proposed changes to the Citizen Participation Plan of the Community Development Program for consideration by the Council.

 

DISCUSSION

 

In September 1999, representatives from the Greensboro Office of the U. S. Department of Housing and Urban Development (HUD) reviewed the Town’s Community Development Program activities to verify compliance with national objectives, eligibility requirements, allowable and reasonable costs and consistency with the Consolidated Plan.   

 

As a result of this review, HUD offered recommendations to improve the Town’s Community Development program.  One of the recommendations was for the Town to make revisions to the Citizen Participation Plan adopted by the Housing Board on November 28, 1995.   HUD also recommended that the Council approve the revised plan.  

 

The Town’s Housing and Community Development Advisory Board reviewed the revised plan on January 31, 2000.

 

Attached, please find a draft of the revised Citizen Participation Plan with HUD’s suggested revisions underlined (please see Attachment 1).   We note that the Town currently implements many of the suggested revisions.

 

RECOMMENDATION

 

Manager’s Recommendation:  That the Council adopt the attached resolution approving a revised Citizen Participation Plan for the Community Development Program.

 

Housing and Community Development Advisory Board’s Recommendation:  On Tuesday, February 8, 2000, the Housing and Community Development Advisory Board voted 4-0 recommending that the Council approve the revised Citizen Participation Plan.

 

ATTACHMENT

 

1.  Draft Citizen Participation Plan (p. 3)


 

A RESOLUTION ADOPTING A REVISED CITIZEN PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT PROGRAM (2000-02-28/R-6)

 

WHEREAS, on November 28, 1995, the Housing and Community Development Advisory Board adopted a Citizen Participation Plan for the Town’s Community Development Program; and

 

WHEREAS, representatives from the U.S. Department of Housing and Urban Development recommend that the Town modify its Citizen Participation Plan;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council adopts the Citizen Participation Plan as modified in Attachment 1.

 

This the 28th day of February, 2000.


 

ATTACHMENT 1

 

The Town of Chapel Hill

 

Citizen Participation Plan

for the

Community Development

Block Grant Program

 

The January 5, 1995 Consolidated Submission for Community Planning and Development Program Regulations require the Town of Chapel Hill to adopt a Citizen Participation Plan that establishes the policies and procedures for citizen participation.

 

Citizen participation is an essential component in the preparation and development of the Community Development (CD) Program.  This Citizen Participation Plan (CPP) sets forth a process to keep citizens informed and to allow for citizen input at all stages of the program, including development of the Consolidated Plan, program implementation, and monitoring and evaluation. 

 

A.     STANDARDS OF PARTICIPATION

 

The Town shall provide for a citizen participation process at the community-wide level.  This process must:

 

Ø      Be conducted in open;

 

Ø      Involve lower-income persons, minority groups, the elderly, the handicapped, the residents of the CD area(s) of concentration, the business community, and civic groups who are concerned about the CD Program;

 

Ø      Include reasonable efforts to ensure continuity of participation by citizens or citizen organizations throughout all stages of the program;

 

Ø      Provide citizens with adequate information;

 

Ø      Encourage citizens, particularly those living in slum/blighted areas and where CD funds will be used, and all minorities to submit their views and proposals and to participate in the Consolidated Plan and amendment process, and to provide comments on the performance reports; and

 

Ø      Provide substantial representation of lower-income persons and minority groups on any community-wide or neighborhood advisory committee that may be established.


 

The following process addresses these performance standards.

 

B.     DEVELOPMENT OF THE CONSOLIDATED PLAN

 

Citizens have been and will continue to be involved in the development of the Consolidated Plan.  Prior to adoption of the Consolidated Plan, the Town will make available a proposed plan in a manner that affords citizens, public agencies, and other interested parties a reasonable opportunity to examine its contents and to submit comments.  The Community Development staff will also consult with the Town’s Housing Department and other assisted housing providers and provide the organizations with information about the Consolidated Plan activities related to its development and surrounding communities so the information can be shared at annual meetings.   The following information will be included in the proposed plan:

 

Ø      The amount of assistance the Town expects to receive including grant funds and program income;

Ø      The range of activities that may be undertaken including the estimated amount that will benefit persons of low- and moderate-income ;

Ø      The Town’s plans to minimize displacement of persons and to assist any persons displaced, specifying the types and levels of assistance the jurisdiction will make available or require others to make available to persons displaced;

Ø      How the Town will make this information available.

 

Prior to submission of the Consolidated Plan, a period of not less than thirty (30) days will be provided for citizens to comment on the proposed plan.  The proposed plan will include the contents and purpose of the Consolidated Plan, including the contents and purpose of the Plan, a list of locations where copies are available; and provide free copies to citizens and groups that would like a copy.   Citizens Typically citizens may obtain a copy of the proposed Consolidated Plan at no charge from the Planning Department in Chapel Hill Town Hall, 306 North Columbia Street, Chapel Hill.  Copies of the proposed Plan will also be made available for review at the Town’s public library.  Citizens will be directed to submit their comments to the Planning Department.  All comments received will be summarized and for those not accepted, the reason why.

 

C.     AMENDMENTS TO THE CONSOLIDATED PLAN

 

The Citizen Participation process is applicable to program amendments as required in section 91.105 of the Consolidated Submission for Community Planning Development Program Grant Regulations.  The Consolidated Plan will be substantially amended whenever an activity previously described will not be carried out, or to carry out an activity not previously described in the action plan or to substantially change the purpose, scope, location, or beneficiaries of an activity.  An activity will be substantially changed when: (1) there is a change in the use of CD funds from one activity to another; (2) the activity location is changed to a location that is outside of the previously stated community; and (3) the beneficiaries change from one type to another (i.e. low-moderate households to low-moderate jobs). 

 

Prior to a substantial amendment to the Consolidated Plan, citizens will be given reasonable notice of, and opportunity to comment on such proposed change and reuse of funds.  Public notice will indicate the specific aforementioned criteria or mason for the amendment to the Consolidated Plan. 

 

The Town shall hold a public hearing to receive citizen comments on a substantial amendment to the Consolidated Plan.  Public notice will result to provide the public a description of any changes adopted.  All citizen comments submitted in writing, or orally will be considered.  Any A summary of all comments or views and for those not accepted the reasons why not accepted and the reasons therefore, shall be attached to the substantial amendment of the Consolidated Plan.  A period of no less than thirty (30) days will be provided for citizens to comment before the amendment is implemented. 

 

D.    PERFORMANCE REPORTS

 

Citizens will be given the opportunity to comment on all performance reports the Town submits to the U.S. Department of Housing and Urban Development (HUD).  Reasonable notice of submission of reports will be published in local newspapers.  The Town shall provide a period, not less than fifteen (15) days to receive comments on the performance report that is to be submitted to HUD prior to its submission.

 

Any comments or views of citizens received in writing, or orally during the preparation of the performance report will be attached to the report and for those not accepted the reasons why.

 

E.     PUBLIC HEARINGS

 

The Town will hold at least two public hearings during the development of the Consolidated Plan.  The pre-submission hearing will be held at the initial stage of the development of the Consolidated Plan to obtain community views on housing and CD needs and to develop proposed activities for the program year.  A second public hearing will be held to obtain community input and review the specified planned CD activities, and to review program performance.

 

Any comments or views of citizens received in writing or orally at the public hearings will be considered in preparing the final Consolidated Plan.  A summary of these comments or views and for those not accepted the reasons why shall be attached to the Consolidate Plan.

 

Notice of public hearings will be advertised in The Chapel Hill Herald or other local newspapers at least ten (10) fourteen (14) days prior to the hearing.  The local radio station, WCHL will also be informed about any public hearing and mailings will be made to interested persons and organizations as noted in F.1. below.

 

All public hearings will be held in the Council Chamber of Town Hall, located at 306 North Columbia Street.  This room is centrally located and is accessible to handicapped residents.  Town Hall was designed to meet the North Carolina Building Code requirements for handicapped.  The meetings will be held at times convenient to potential and actual beneficiaries. 


 

F.      AVAILABILITY TO THE PUBLIC

 

The Town shall provide full public access to program information and will make good fait efforts to keep citizens informed, consistent with the rights of personal privacy and obligations of confidentiality.

 

The major means of assuring that adequate information is received by citizens as follows:

 

  1. The Planning Department maintains a mailing list of town-wide and neighborhood organizations and individuals that may be interested in receiving CD program materials.  These organizations are notified of all public hearing dates and other information pertaining to the CD Program.

 

  1. The CD staff has set up files containing CD materials, including mailings and promotional materials, key program documents, copies of federal CD regulations, explanations of program requirements, copies of the Citizen Participation Plan, substantial amendments, the adopted Consolidated Plan, and the Grantee Performance Reports.   This CD staff will provide access to records relating to the Consolidated Plan and the use of CD funds during the preceding five years.   These files are set up in the Planning Department at 306 North Columbia Street.  This building is accessible to the handicapped.

 

  1. At public hearings, Planning staff presents and explains relevant CD background information and answers questions.  The staff compiles concerns and questions brought out in these meetings that warrant further response.  The Assistant Town manager routes the questions to the correct Town department(s) for detailed replies.  These responses are reviewed by the CD staff and/or appropriate advisory board(s).

 

  1. The Town shall provide a period, not less than thirty (30) days, to receive comments from citizens or units of general local government, on the Consolidated Plan and substantial amendments, or fifteen (15) days for performance reports submitted to HUD, prior to its submission.

 

G.    TECHNICAL ASSISTANCE

 

Resources must be made available to provide technical assistance to: 1) citizen organizations, so that they may adequately participate in planning, implementing, and assessing the program; and 2) groups of low- and moderate-income persons and groups of residents which request assistance in developing proposals and statements of views.  Assistance may be made available to citizens who are organizing and operating neighborhood and project area organizations.

 

Resources presently available:

 

1.       Staff planner(s) for the CD program can assist citizen groups in interpreting the federal CD regulations and local timetables, in advising groups concerning the procedures to be followed, and in providing relevant background documents and available data.

 

2.       The Planning Department provides technical assistance to the recipients of CD grants, Housing Loan Trust Fund and HOME Program grants.

 

3.       Other non-profit organizations operating in the community may also provide technical assistance from time to time.

 

H.    COMPLAINTS

 

It is the policy of the Town of Chapel Hill to provide a just procedure for the acknowledgement, presentation, consideration, investigation and disposition of complaints received concerning the Community Development Block Grant program.

 

Definition

A complaint is a clam concerning any action on the part of a department or contract agency or firm involved in carrying out the CD program, based upon any event or condition which effects the circumstances under which a citizen lives, allegedly caused by misinterpretation, unfair application, violation of contract or lack of established policy pertaining to program implementation and which the complaint feels infringes upon the health, safety welfare or right to due process for himself/herself or his/her family, property or personal possessions.

 

Procedure

When a person directly affected by the Community Development program has a complaint, the following successive steps are to be taken. The number of days indicated for each step should be considered the maximum number of number o f working days unless otherwise provided; every effort should be made to expedite the process.  Upon request by the citizen, assistance by the Community Development Planner may be in the form of explanation of the procedure, preparation of the complaint, identification of resources, etc.  These activities can occur in any of the steps listed below.

 

Step 1 – A citizen with a complaint may first present it verbally to the Town Planning Department, contract agency or contract firm that is the subject of the complaint. T his step is not a prerequisite for making a written complaint as set forth in Step 2.

 

Step 2 – If the response that the citizen receives in Step 1 is not satisfactory or if the citizen initially wishes to submit a written complaint, Step 1 procedures shall be followed.  The citizen may also present his complaint in writing to the Town Planning Department, contract agency or contract firm which is the subject of the complaint. The Town Planning Department shall investigate the complaint further and respond to the citizen with a written evaluation within fifteen (15) working days when practicable.

 

Step 3 – If Step 2 does not resolve the complaint to the satisfaction of the citizen, the citizen shall request that the Assistant Town Manager evaluate the complaint. The CD Planner will assess the nature of the complaint and report to the Assistant Town Manager.  The Assistant Town Manager shall then review the written documentation of the complaint and develop a response. 

 

At any time, a citizen may make an oral or written petition to the Town Council describing the nature of the complaint.


 

I.       BILINGUAL OPPORTUNITIES

 

If a significant number of residents of the CD areas speak and read a primary language other than English, bilingual opportunities must be provided at public hearings, and major notices and documents must be printed in the primary language.

 

J.      DISABILITIES

 

The Town Council Chambers is audio-equipped for the hearing impaired and this availability of service is always indicated on all Town Council agendas, as well as in all public notices for public hearings.  The public notice also states that Deaf and Hearing impaired individuals needing interpreter services should provide the Town Manager’s Office five (5) days prior notice by voice and TDD.  The TTY (Teletypewriter) Devise and the TDD (Telecommunication) Devise are available for use in the Town of Chapel Hill Clerk’s Office, which is the primary communications system for all Town Departments.  The Town’s TDD number is 968-2728/TDD, and will be on correspondence to all citizens.

 

Adopted by Planning Board on 4/10/78

Revised 9/18/78

Revised 5/01/79

Revised 4/15/80

Revised 3/15/89

Adopted by Housing and Community Development Advisory Board on 11/28/95