HomeMy WebLinkAboutResolution 2011-21 4
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:
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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resolutions in conflict herewith are hereby repealed to the extent of the conflict.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 Cape Canaveral
Resolution 2011 -21
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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
1 provision and such holding shall not affect the validity of the remaining portion hereto.
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Section 5. Effective Date. This Resolution shall become effective immediately upon
1 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.
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Rocky Randels, Mayor
ATTEST: For Against
` `' Bob Hoog Second
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ANGEL APPERSO ity Clerk Jim Morgan Seat Vacant
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Buzz Petsos Motion
Rocky Randels X
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i Betty Walsh X
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Approved as to legal form and sufficiency
for the City of Cape Canaveral only by
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1 Anthony A. Garganese, ity Attorney
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i City of Cape Canaveral
Resolution 2011 -21
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EXHIBIT "A" TO
RESOLUTION NO. 2011-21
CITY OF CAPE CANAVERAL, FLORIDA
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CITIZENS PARTICIPATION PLAN
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 the 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.
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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 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
9B -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 and upon its adoption by the City Council of the City of Cape
Canaveral 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
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Community Development Block Grant process be analyzed during the public
hearings and other called meetings and amendments to the Plan made when
necessary.
V. CITIZEN PARTICIPATION TECHNICAL REQUIREMENTS
Since the purpose of this plan is to provide the citizens of the City of Cape Canaveral,
Florida with an adequate opportunity for meaningful 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:
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a. Disseminate information concerning eligible activities, proposed projects, and
the status of current projects.
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b. Coordinate various groups which choose to participate in the implementation
of community development activities.
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c. Review written comments assessing the implementation of the CDBG
program.
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4 d. Monitor the overall implementation of the CDBG program and review
program status with administrative personnel on an as requested or needed
basis.
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i e. Monitor the citizen participation process and propose such amendments as
may be necessary to this Participation Plan.
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1 3. The Citizen Advisory Task Force shall be a tool through which program progress
j can be analyzed and proposed amendments discussed, if applicable.
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C. Access to Records
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1. The City of Cape Canaveral shall maintain a complete project file on its
i Community Development Block Grant program(s) which shall be available
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for public inspection during regular office hours in the City Clerk's office.
This file shall include but not be limited to the following:
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I a. Citizens Participation Plan
b. Community Development Plan
c. Community Development Block Grant Application
d. Program Amendments
e. Environmental Review Record
f. Financial Status
1 g. Fair Housing Ordinance
h. Equal Opportunity Requirements
1 i. Policies and Procedures Governing Beneficiary Eligibility
j. Performance Assessment Report
1 k. Written Comments and City's Response
2. Generally, he project file is available for review by any citizen or group;
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however, in no case will disclosure be made of any program participant's
1 financial status.
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1 D. Technical Assistance
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The program staff shall provide technical assistance to citizens committees and
groups and interested persons in the citizen participation process. This technical
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assistance shall focus on increasing public access to participating 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
1. 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.
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2. If a response satisfactory to the aggrieved is not issued by the 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, 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.
it 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.
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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 -
;1 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 access 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 DCA rating
process and discussion of applicable grant ceilings.
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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.
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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.
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II. POST APPROVAL STAGE
A. The City shall assure continuing citizen participation throughout the life of
1 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,
i the following requirements for amendments will be met:
1. Citizens participation will be utilized when any amendment reduces
beneficiaries requiring formal approval by DCA according to the
provisions of this Plan.
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2. Such changes will be presented for review to the Citizen's Advisory Task
I Force in a meeting of such Task Force which shall be open to the
public. A public hearings as required will be held before the City
) Council during amendment process.
3. The City shall attempt to involve citizens residing in the target area(s)
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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
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III. 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
1 assessment of the effectiveness of the program is considered essential to the success of a
CDBG program. In order to ensure this involvement, the City will utilize the following
1 approaches:
1. The Citizen Advisory Task Force, established in accordance with this Plan, will
I 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
i program and suggest changes, if applicable.
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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 responses 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.
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