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HomeMy WebLinkAboutP&Z Agenda Pkt. 9-28-2011'e" 0 �,,ity of Cape Canaverg Community Development Department CITYOr CAPE CANAVERAL PLANNING & ZONING BOARD MEETING AS THE CITIZENS ADVISORY TASK FORCE FOR THE CDBG PROGRAM CAPE CANAVERAL PUBLIC LIBRARY 201 POLK AVENUE SEPTEMBER 28, 2011 7:00 P.M. NEW BUSINESS: Recommendation to City Council Re: Community Development Block Grant Application Submittal. ADJOURNMENT: Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter rendered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges, or appeals not otherwise allowed by law. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement and/or Community Appearance Board who may or rnay not participate in Board discussions held at this public meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting, 7510 N. Atlantic Avenue [lost Office Box 326 - Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 planning & Dcvelopttient (321) 868-1206 - Fax & Inspection: (321) 868-1247 NVNVNV,CiL)'Of'Cal)ccaiiaveral.oi-g - cmaiL cc:ipeciiiavci-aiCl�'cil.i-r.coi-n MEMORANDUM Date: September 22, 2011 To: Planning and Zoning Board members From: Barry Brown, Planning and Development Director RE: September 28, 2011 Citizens Advisory Task Force Meeting Under the direction of the City Manager and acting upon policy established in the 2007 Redevelopment Plan and the 2009 Community Visioning, Staff is aggressively pursuing funding sources to improve public infrastructure and implement the Vision Statement as it calls for "Complete Streets" in Cape Canaveral. One of the funding sources available to the City is the Community Development Block Grant (CDBG) Program. This program is managed by the State of Florida through the Department of Economic Opportunity. Because of the job creation associated with the recently approved Casa Canaveral Assisted Living Facility (ALF), the City is eligible for an Economic Development Grant of approximately $700,000 dollars. If awarded, monies will be used to upsize sanitary sewer lines and lift station in order to accommodate increased flows from the ALF. In addition, funds will be used to transform West Central Boulevard into a "Complete Street". The roadway surface will be milled, a new layer of asphalt added, curbs will be replaced, and lanes narrowed from 20' to 16' to include a 12 'wide travel lanes and 4' wide bicycle lanes. An 8' wide pedway will be constructed on the north side of the roadway, 6' wide sidewalk constructed on the south side, and street furniture, solar lighting, transit stop, and enhanced landscaping will also be provided. Staff considers this to be a "signature" project that will set the standard for future development in the City. It will also provide greater awareness and access to Manatee Sanctuary and Banana River Parks. Fred Fox has been retained to assist with the application and administration of the grant. Patrick Howard, CDBG program administrator for DEO, has visited the City and has said the portion of West Central from A1A to the west entrance of the ALF will be eligible for funding. Time is of the essence in the adoption of required policies and submittal of the application. The State has a pool of approximately $6,000,000 that are awarded on a first come, first served basis and applications for over $3,000,000 have already been received. In addition, the application requires that the developer, Danny Ringdahl, and the job creator, Pamela Dillon of Evening Tide, submit financial information. Both have been very willing to assist the City in obtaining these funds. As part of the application process, certain policies must be adopted by the City to satisfy Federal and State requirements. One of the requirements is for the adoption of a Citizens Participation Plan that includes the establishment of a Citizens Advisory Task Force to serve as a liaison between the City and its constituents regarding CDBG rp ojects. With the adoption of Resolution 2011-21 on Sept. 20, 2011, the City Council has designated the Planning and Zoning Board as the Citizens Advisory Task Force for the CDBG Program. As such the Planning & Zoning Board will meet on Sept. 28 as the Citizens Advisory Task Force. At that meeting, Fred Fox will describe the project and explain how the grant funds will be spent. The Citizens Advisory Task Force will make a recommendation to the Council regarding submittal of the CDBG application. I have attached Resolution 2011-21 which calls for adoption of a Community Participation Plan and designates the Planning and Zoning Board as the Citizens Advisory Task Force. I will not attend the meeting as I will be out of the office from Friday Sept. 23 through Friday Sept. 30, 2011, however, Assistant City Attorney Kate Latorre and CDBG Consultant Fred Fox will be in attendance. Please direct any questions to Susan Chapman, Administrative Assistant, 868-1205 or s.chapman _cityofcapecanaveral.orq or Angie Apperson, City Clerk, 868-1221 x220 or a.apperson cityofcapecanaveral.org. RESOLUTION 2011-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING A CITIZEN PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM OF THE CITY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City desires to establish a Community Development Block Grant ("CDBG") Program, by which the City may apply for federal grant monies to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and providing improved community facilities and services; and WHEREAS, a Citizens Participation Plan is consistent with the requirements of Section 508 of the Housing and Community Development Act of 1987 which amends Section 104(a) of the Housing and Community Development Act of 1974, 24 C FR 570.431 and rule 9B-25, F.A.C. by the Department of Community Affairs; and WHEREAS, the City of Cape Canaveral desires to adopt a Citizens Participation Plan; and WHEREAS, the City Council believes this Resolution is in the best interests of the citizens of Cape Canaveral. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Adoption of Citizen Participation Plan. The City Council of the City of Cape Canaveral hereby adopts the Citizens Participation Plan set forth in Exhibit "A," attached hereto and fully incorporated herein by this reference. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. City of Cope Canaveral Resolution 2011-21 Pagel of 2 Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this 20th day of September, 2011. ATTEST: Rocky Randels, Mayor For Against Bob Hoog ANGELA APPERSON, City Clerk Jim Morgan Buzz Petsos Rocky Randels Betty Walsh Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution 2011-21 Page 2 of 2 EXHIBIT "A" TO RESOLUTION NO. 2011-21 CITY OF CAPE CANAVERAL, FLORIDA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CITIZENS PARTICIPATION PLAN I. OVERALL GOAL The purpose of this plan is to provide the citizens of the City of Cape Canaveral with an adequate opportunity for meaningful involvement on a continuing basis and for participation in the planning, development, implementation, and assessment of the City of Cape Canaveral's Community Development Block Grant Program. II. OBJECTIVES A. To increase interchange of information between CDBG Staff and local citizens concerning community development and related concerns. B. To heighten public awareness as to the purpose and function of the CDBG Program and the types of assistance available, especially among low/moderate income residents of CDBG target areas. C. To increase community participation in program planning and implementation and thereby create local support for CDBG goals. D. To allow affected or potentially affected citizens to directly assist in shaping and guiding the program's impact upon their neighborhood as well as the community at large. III. CONSISTENCY This Citizen Participation Plan is consistent with the requirements of Section 508 of the Housing and Community Development Act of 1987 which amends Section 104(a) of the Housing and Community Development Act of 1974, 24 CFR 570.4312 and DCA Rule 913-25. This Plan supersedes all other Citizen Participation Plans, if any, utilized by the City of Cape Canaveral, Florida. This Plan sets forth the procedures for Citizen Participation that shall be utilized during each stage of the Community Development Block Grant process upon its adoption by the City Council of the City of Cape Canaveral and shall remain in effect until otherwise amended. IV. OVERVIEW A. Citizen participation is a vital element in the preparation of a method by which community involvement will be solicited and maintained throughout the entire Community Development Block Grant process. The City of Cape Canaveral, Florida shall strive to ensure such participation by utilizing the public hearing process and by appointing a Citizens Advisory Task Force. B. It shall be the policy of the City of Cape Canaveral that the effectiveness of citizen participation in the planning, development, implementation, and assessment of the Community Development Block Grant process be analyzed during public hearings, other called meetings, and amendments to the Plan will be made when necessary. V. CITIZEN PARTICIPATION TECHNICAL REQUIREMENTS Since the purpose of this plan is to provide citizens of the City of Cape Canaveral, Florida with an adequate opportunity for meaningfiil involvement in the planning, implementation, and evaluation of the City's Community Development Block Grant process, it shall be the City's policy to solicit, and respond in a timely manner to, the views and proposals of all citizens, particularly low and moderate income persons, members of minority groups, and residents of blighted areas where the potential exists for the undertaking of CDBG eligible activities. Upon adoption of this Plan, the following technical requirements shall govern this process: A. Public Hearings 1. To ensure adequate notice of public hearings, all notices shall be printed in the (local newspaper) no less than five (5) days and no more than twenty (20) days prior to each public hearing held at any stage of the Community Development Block Grant process. 2. When deemed appropriate, the City may also post notices of such hearings in not less than two public places. The posting of notices may only supplement publication of public hearing notices. A news article located in a conspicuous place in the newspaper may be considered as sufficient printed notice to fulfill this requirement. The City may also utilize additional means (personal contact, radio, etc.) to the maximum extent possible to reach target groups identified above when this is necessary. A minimum of two public hearings will be held before the City Council to provide the greatest access for citizen participation in developing CDBG applications. 3. The City of Cape Canaveral does not have known concentration of non-English speaking residents; therefore the services of a translator will not be required unless a specific request is made. Notices shall include information concerning the handicapped. B. Citizens Advisory Task Force 1. The City's Planning & Zoning Board shall serve as the Citizens Advisory Task Force for all CDBG projects. 2. The Citizens Advisory Task Force shall serve as a focal point or liaison between the City and its constituents in regard to CDBG project development and implementation. The Task Force shall have the following duties and responsibilities: M a. Disseminate information concerning eligible activities, proposed projects, and the status of current projects. b. Coordinate various groups which choose to participate in the implementation of community development activities. c. Review written comments assessing the implementation of the CDBG program. d. Monitor the overall implementation of the CDBG program and review program status with administrative personnel on an as requested or needed basis. e. Monitor the citizen participation process and propose such amendments as may be necessary to this Participation Plan. 3. The Citizen Advisory Task Force shall be a tool through which program progress can be analyzed and proposed amendments discussed, if applicable. C. Access to Records 1. The City of Cape Canaveral shall maintain a complete project file on its Community Development Block Grant program(s) which shall be available for public inspection during regular office hours in the City Clerk's office. This file shall include but not be limited to the following: a. Citizens Participation Plan b. Community Development Plan c. Community Development Block Grant Application d. Program Amendments e. Environmental Review Record f. Financial Status g. Fair Housing Ordinance h. Equal Opportunity Requirements i. Policies and Procedures Governing Beneficiary Eligibility j. Performance Assessment Report k. Written Comments and City's Response 2. Generally, the project file is available for review by any citizen or group; however, in no case will disclosure be made of any program participant's financial status. D. Technical Assistance The program staff shall provide technical assistance to citizen committees and groups and persons interested in the citizen participation process. This technical 3 assistance shall focus on increasing public access to participation in the Community Development Block Grant decision making process through the Citizens Advisory Task Force, and ensuring that this participation is meaningful. Technical assistance will also be utilized to foster an understanding of program requirements; i.e., equal opportunity, relocation, environmental policies, beneficiary eligibility, etc. E. Grievances All grievances regarding individual decisions made as a part of the implementation of the Community Development Block Grant program shall be submitted, in writing to the Program Administrator. If a person feels that his/her complaint has not been sufficiently addressed by the Program Administrator's response, an appeal may be made to the Citizens Advisory Task Force. 2. If a response satisfactory to the aggrieved is not issued by the Citizen Advisory Task Force, an appeal may be made to the City Council. At any point, the aggrieved may register a written complaint with the Florida Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. All written complaints registered at the local level shall have a written response from the Administrator, Citizen Advisory Task Force, or the City Council within fifteen (15) working days of the lodging of said complaint. A file of all grievances and responses shall be maintained and available for public inspection. In the event the aggrieved has exhausted all appeals without a decision satisfactory to himself/herself, he/she may pursue other legal channels in an attempt to achieve satisfaction. F. Amendment The amendment of this Plan shall follow all citizen participation requirements delineated in the Section Post Approval Requirements and applicable technical provisions. Such amendments shall require adoption by the City Council prior to becoming effective. G. Authority No part of this Participation Plan shall be construed to restrict the responsibility and authority of the elected officials of the City of Cape Canaveral, Florida, in the development and implementation of any Community Development Block Grant program. Rather it is a vehicle through which the elected officials of the City of Cape Canaveral can assure citizen input prior to their decision making process. 4 CITIZEN PARTCIPATION IN EACH STAGE OF THE CDBG PROGRAM I. Application Stage The objective of citizen participation at this stage is to provide meaningful community- wide citizen input into the decision making process during the consideration of priorities and of options associated with the development and submission of the application. The following requirements will be met during the application stage and certified to in the body of the application: A. Review of the Citizen Participation Plan B. Presentation of the City's Community Development Plan. Title I of the Housing and Community Development Act of 1974, as revised, has as its primary objective, the development of viable urban communities by providing decent housing, suitable living environment, and expanding economic opportunities, principally for persons of low and moderate incomes. Consistent with these objectives, the City of Cape Canaveral will develop a Community Development Plan that identifies the community development and housing needs and specifies both short and long term community development objectives to meet the established needs. C. Public Hearings A minimum of two (2) public hearings will be held before the City Council during this stage. The purpose of the first public hearing is to assess community needs and problems in an effort to determine the most pressing needs of the community and to solicit citizen input as to the ranking of said needs. The purpose of the second hearing is to present for public comment and review the program of activities that the City has selected for the application as best suited to meet these needs. The City may determine that more than two (2) public hearings during the application stage are desirable and thus hold extra hearings. All such hearings shall be governed by the requirements as set forth herein. The following information will be presented to the public at each public hearing during this stage: 1. The range of activities that may be undertaken with CDBG funds, the kinds of activities previously funded; if any, and the progress made with respect to those activities. 2. An overview of the CDBG program to include analysis of the DCA rating process and discussion of applicable grant ceilings. 3. Discussion of the competitive nature of the CDBG process and the likelihood that more applications will be submitted to DCA than can be funded. 4. The process to be followed in soliciting and responding to the views and proposals of citizens in a timely manner. 4. Discussion of the role of the Citizen Advisory Task Force. II. POST APPROVAL STAGE A. The City shall assure continuing citizen participation throughout the life of the Community Development Block Grant program, particularly when considering amendments to the program. B. The involvement of citizens in the amendment process is felt to be essential. To ensure adequate citizen participation during the conduct of the program, the following requirements for amendments will be met: Citizens participation will be utilized when any amendment reduces beneficiaries requiring formal approval by DCA according to the provisions of this Plan. 2. Such changes will be presented for review to the Citizen's Advisory Task Force in a meeting of such Task Force which shall be open to the public. A public hearing(s) as required will be held before the City Council during the amendment process. 3. The City shall attempt to involve citizens residing in the target area(s) affected by any amendment or revision in the development of such amendment or revision. This shall be accomplished through the dissemination of information on such program changes to the affected residents. ASSESSMENT OF PERFORMANCE Citizens of the City of Cape Canaveral will be provided opportunities to comment on the implementation of the City's CDBG program and to assess the performance of the City in meeting its community development goals and objectives. Continual community assessment of the effectiveness of the program is considered essential to the success of the CDBG program. In order to ensure this involvement, the City will utilize the following approaches: 1. The Citizen Advisory Task Force, established in accordance with this Plan, will function as the focal point of the evaluation and assessment process. This group will continually provide the City and its staff with feedback on the effectiveness of the program and suggest changes, if applicable. 6 2. The public hearing process will be used as required to ensure community -wide participation in the evaluation of the program. 3. Written comments on the program will be received at any time during the life of the program. All written comments will be presented to the Citizen Advisory Task Force for their review and response by the appropriate party within fifteen (15) working days. IV. CITIZEN COMMENTS TO DCA Persons may comment to DCA at any time concerning the City of Cape Canaveral's failure to comply with the citizen participation requirements as set forth in this Plan. 7