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HomeMy WebLinkAbout2020-04-27 20-139 OrderTitle, Order CITY COUNCIL ACTION 04/27/2020 20-139 Council Meeting Date: 04/27/2020 Item No: 20-139 Responsible Dept: Community & Economic Development Requested Action: Order Map/Lot: N/A Amending the City's Approved Community Development Program Citizen Participation Plan Summary The purpose of this order is to amend the City of Bangor's Community Development Citizen Participation Plan (CPP) adopted by on March 15, 1995 by Council Order 95-141. The proposed changes add language concerning pandemics and other crises in which expedited procedures are necessary and therefore public notification and comment periods may be reduced. U.S. Department of Housing and Urban Development (HUD) regulations require local governments adopt a citizen participation plan as part of the consolidated planning and application process for Community Development Block Grant (CDBG) funds. Typically HUD regulations require a 30 -day public comment period in order to complete a plan amendment. Due to the current pandemic they have allowed for an abbreviated comment period of 5 -days. The updated CPP adds language to allow for a 5 -day public comment period during a pandemic or other crises. Committee Action Committee: Business & Economic Development Committee Meeting Date: Action: Recommend for passage For: Against: Staff Comments & Approvals y\ City Manager Introduced for: Consent Z;� City Solicitor Finance Director CITY OF BANGOR ORDER Date: 04/27/2020 Item No: 20-139 Assigned to Councilor: Hawes 04/27/2020 20-139 Amending the City's Approved Community Development Program Citizen Participation Plan WHEREAS, through CO 95-141, the City Council has adopted a Citizen Participation Plan as required by the U.S. Department of Housing and Urban Development; and WHEREAS, the purpose of the Citizen Participation Plan is to provide citizens information and allow for comment on funding and proposed activities available through the City's Community Development Block Grant Program; and WHEREAS, the Citizen Participation Plan needs to be updated to clarify allowable expedited procedures in the case of a pandemic or other crisis; Be it Ordered by the City Council of the City of Bangor that, the City of Bangor Community Development updated Citizen Participation Plan, a copy of which is attached hereto, is hereby adopted. 20-139 APRIL 27, 2020 CITY OF BANGOR COMMUNITY DEVELOPMENT CITIZEN PARTICIPATION PLAN 1. The City of Bangor, through the Community & Economic Development Director and the Business and Economic Development Committee of the City Council of the City of Bangor, shall, prior to the adoption and submission of the Consolidated Plan to the Department of Housing and Urban Development for Community Development (HUD) in anticipation of Community Development funds under Title I of the Housing and Community Development Act of 1974, as amended, hold a minimum of two public hearings at which there shall be presented to the residents of Bangor adequate information concerning the amount of funds anticipated to be available (including grant funds and program income) for community development and housing activities, and the range of activities that may be undertaken, including the amount that will benefit persons of low- and moderate -income, plans to minimize displacement of persons and to assist any person displaced, specify the types and levels of assistance the City will make available or require others to make available to persons displaced even if no displacement is expected, and to state when and how the City will make this information available, and shall notify citizens of the availability of the Consolidated Plan as adopted, any amendments, and its performance report as these documents are developed, to afford citizens a reasonable opportunity to examine their contents. The public hearings will provide opportunities for groups and individuals with interest in the community development program to express their opinions regarding priority non -housing community development and housing needs, and to support, object to or comment on proposed community development and housing activities. A notice of each such public hearing shall be published at least 10 days prior to the date of the hearing in the non -legal section of a newspaper of general circulation in the City of Bangor. Such notice shall indicate the date, time, place and procedures of the hearing and topics to be considered sufficient to permit informed comment. The public hearings will be held during different stages of the program year and at least one public hearing shall be held before the proposed Consolidated Plan is published for comment. 2. Public hearings to obtain citizen views shall be scheduled at times and locations which permit broad participation, particularly by low- and moderate -income persons and residents of neighborhoods and areas in which Consolidated Plan activities are being proposed. Due to its centralized location in relationship to the older and lower income neighborhoods of the City and its accessibility to persons with disabilities, such public hearings will be held in the City Hall Council Chambers at 73 Harlow Street commencing between the hours of 4:30 P.M. and 8:30 P.M. on weekday evenings unless a determination is made by the City Council, Business and Economic Development Committee, City Manager, or Community & Economic Development Director, that other locations or times are more appropriate and would allow greater citizen participation. 3. Full public access to Community Development Program information and records, including this Citizen Participation Plan, the Consolidated Plan, amendments and performance reports and the City of Bangor's use of assistance under HUD programs covered by 24 CFR Part 1 20-139 APRIL 27, 2020 91, including, but not limited to, CDBG, HOME, HOPWA, HOPE, Low -Income Housing Preservation, Supportive Housing, Shelter Plus Care and Single Room Occupancy, shall be available during the normal operating hours of City Hall in the office of the Community & Economic Development Director. Community Development Program information regarding activities undertaken shall be prepared by the Community & Economic Development Director and made available to residents and owners of properties in community development areas where comprehensive activities are being undertaken. A Community Development Program information brochure shall be prepared by the Community & Economic Development Director and made available at all public hearings and in the Community Development Office in City Hall. Information on the status of Community Development projects shall be prepared by the Community & Economic Development Director and shall be available in the Community Development Office. Upon request, these materials will be made available in a form accessible to persons with disabilities. 4. The Community & Economic Development Director shall respond in a timely and responsible manner to every citizen concern related to the Consolidated Plan, amendments and performance reports, which are submitted by citizens, particularly low- and moderate -income persons, members of minority groups, and residents of blighted areas and neighborhoods where activities are proposed or ongoing. Written answers to written concerns and grievances will be provided, where practicable, within 15 working days. 5. The Community & Economic Development Director shall provide, upon request, technical assistance to groups and representatives of persons of low- and moderate -income. Such technical assistance shall be limited to the provision of information, the preparation and communication of concerns, grievances, suggestions and program eligible proposals for funding assistance regarding the Community Development Program of the City of Bangor, and assisting groups or individuals with special needs or disabilities to become informed about the Community Development Program and to effectively participate in citizen participation opportunities. 6. When notified, at least five days in advance, that non- English speaking residents are planning to attend a properly notified public hearing, the Community & Economic Development Director shall use his best efforts to arrange for an appropriate translator to attend the public hearing to provide translation services. Should a translator not be available for the public hearing, the Director shall use his best efforts to obtain a translated transcript of the public hearing and furnish a copy of the translation to non-English attendees. Translations will also be sought for any non-English communications received by the City relative to its Community Development Program. All responses to such communications will be appropriately translated. 7. Substantial changes to the planned or actual activities, as stated in the Consolidated Plan, will necessitate an amendment to that plan. Adoption of plan amendments shall conform to the same citizen participation requirements as applied to the adoption of the original plan. Substantial changes include: (1) addition of new activities not contained in the originally approved plan when such addition is anticipated to change the benefited or impacted population(s) or create or increase any negative impact, (2) cancellation of activities contained in the originally approved plan when such cancellation is anticipated to decrease the benefit, or create or increase any negative impact to be received by citizens, (3) postponement of the commencement of activities oil 20-139 APRIL 27, 2020 contained in the originally approved plan beyond the end of the program year addressed by the original plan when such postponement is anticipated to decrease the benefit expected to be received by citizens, or create or increase any negative impact, (4) a budgetary change in any activity of more than 35% from that contained in the originally approved plan when that change is anticipated to decrease the level of benefit or create or increase any negative impact to be received by citizens, (5) a change in the census tract location of any activity contained in the originally approved plan when such change is anticipated to change the beneficiaries of that activity or decrease the level of benefit or create or increase any negative impacts, and/or (6) a change in the population group(s) targeted to receive benefits from an activity contained in the originally approved plan when such change is anticipated to reduce the benefit to the originally targeted populations. 8. The City of Bangor shall consider any comments or views of citizens received in writing, or orally at the public hearings, in preparation of the final Consolidated Plan, amendments to the plan, or performance reports. A summary of these comments and views, and a summary of comments or views not accepted and reasons therefore, shall be attached to the final Consolidated Plan, amendments of the plan, or performance reports. A notice will be published in a newspaper of general local circulation not less than 15 days prior to submission of performance reports to HUD. This notice will state that the performance report is available for review at the Community Development Office during regular business hours, 8:00 A.M. to 4:30 P.M., Monday through Friday, and that public comments will be received prior to the indicated submission date. 9. Prior to the adoption of this Citizen Participation Plan, and prior to the adoption of any substantial amendments to this plan, citizens will be provided reasonable opportunity to comment at a public hearing. A notice of the scheduled public hearing shall be published in the non -legal section of a newspaper of general circulation in Bangor at least ten days prior to the hearing. This plan will be available at the public hearing in a location accessible to persons with disabilities. Upon prior request to the Community & Economic Development Director, arrangements will be made for an oral presentation of this plan for a person with a sight disability or for mail delivery of the plan to a person unable to attend the public hearing. Such person(s) will be afforded a reasonable opportunity to make comment on this plan. 10. The provisions of this Citizen Participation Plan will be implemented upon its approval, except any provision, which may be found to be contrary to HUD requirements or state law. 11. During the COVID-19 pandemic and other related crises, the City will implement expedited procedures to draft, propose, or amend consolidated plans. Expedited procedures must include notice and reasonable opportunity to comment of no less than 5 days. The 5 -day period can run concurrently for comments on the action plan amendment and amended citizen participation plans. In-person public hearings will not be required. The City may meet public hearing requirements with virtual public hearings if: 1) national/local health authorities recommend social distancing and limiting public gatherings for public health reasons; and 2) virtual hearings provide reasonable notification and access for citizens in accordance with the grantee's certifications, timely responses 3 20-139 APRIL 27, 2020 from local officials to all citizen questions and issues, and public access to ask questions and responses. March 1, 1995 Updated March 12, 2009 Updated April 10, 2012 Updated April 27, 2020 IN CITY COUNCIL APRIL 27,2020 CO 20-139 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 9-0 COUNCILORS VOTING YES: FOURNIER,HAWES,NICHOLS,OKAFOR, SCHAEFER, SPRAGUE, SUPICA, TREMBLE,DAVITT COUNCILORS VOTING NO: NONE PASSED LZ , CIYY CLERK