Lead Based Paint Hazard Grant PMEMORANDUM
October 28, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Publication of Notice of Intent to Request Release of Funds -
Lead-Based Paint Hazard Reduction Grant Program
The City of Dubuque has received a $2,417,399 Lead Hazard Control Grant from the
U.S. Department of Housing and Urban Development, Office of Healthy Homes for a
lead-based paint hazard reduction program for existing residential units. The City is
providing a $605,580 match for the program.
Housing and Community Development Department Director David Harris is
recommending publication of the Notice of Intent to Request Release of Funds for the
Lead-Based Paint Hazard Reduction Grant Program.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
MEMORANDUM
October 27, 2003
To:
Michael Van Milligen, City Manager
From:
David Harris, Housing and Community Development Department
Subject:
Publication Of Notice of Notice of Intent to Request Release of Funds -
Lead-Based Paint Hazard Reduction Grant Program
Introduction
This memorandum transmits a proposed resolution authorizing the publication of a
Notice of Intent to Request Release of Funds for the Lead-Based Paint Hazard
Reduction Grant Program.
Background
The City Council is being requested to request release of Lead-Based Paint Hazard
Control Grant funds for the Lead-Based Paint Hazard Reduction Grant Program. The
City of Dubuque has received a $2,417,399 Lead Hazard Control Grant from the U.S.
Department of Housing and Urban Development, Office of Healthy Homes for a lead-
based paint hazard reduction program for existing residential units. The City is providing
a $605,580 match for the program as follows:
$180,000
$212,100
$ 19,040
$ 19,040
$ 5,600
$ 33,335
$ 18,970
$ 1,ooo
$ 1,000
$ 18,396
$ 76,870
$ 20,229
CDBG
Training Reimbursement for Community
Education over 3.5 years
From Food Pantry
From St. Vincent
From Lead Coalition
From Iowa Department of Public Health Grant
Iowa Department of Public Health Grant
VNA Home Health
VNA Nursing
Office Space - in kind match
Wages - in kind
Benefits - in kind
$605,580 TOTAL
The City of Dubuque must publish a notice of environmental review finding for this
program prior to the release of funds. This notice allows seven days for citizen and
public agency comments on the environmental review record for this program. After that
time, the City may file a Request for Release of Lead-Based Paint Hazard Control Grant
funds with the U.S. Department of Housing and Urban Development (HUD).
Discussion
Publication of the attached notice, Exhibit A, indicates that the City of Dubuque has
carded out its responsibilities according to regulations of HUD. The approval of the
attached resolution and the publication of its accompanying public notice are required
procedural steps for securing the release of funds for this project.
Recommendation
I recommend that the City Council authorize publication of the Notice of Intent to
Request Release of Funds for the Lead-Based Paint Hazard Reduction Grant Program.
Copies of the environmental review record will be made available to the public and
interested agencies. Public comment will be accepted until 5:00 p.m. on November 13,
2003 and will be taken into account before proceeding with the request for release of
funds.
Action Step
The action step is for the City Council to adopt the attached resolution.
Prepared by Aggie Tauke, Community Development Specialist
F:\Users~ATAUKE'~ERR\Lead 04\Lead Grant memo.doc
RESOLUTION NO. 436-03
A RESOLUTION AUTHORIZING PUBLICATION OF A NOTICE OF INTENT TO
REQUEST RELEASE OF FUNDS FOR LEAD-BASED PAINT HAZARD REDUCTION
GRANT PROGRAM.
Whereas, the City of Dubuque will enter into a Grant Agreement with the U.S.
Department of Housing and Urban Development, Office of Healthy Homes and Lead
Hazard Control, providing for a Lead-Based Paint Hazard Control Grant; and
Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department
of Housing and Urban Development, an environmental review has been processed for
the Lead-Based Paint Hazard Reduction Grant Program; and
Whereas, based on said environmental review, the Housing and Community
Development Department has determined that said project is categorically excluded
under HUD regulations at 24 CFR Part 58 from the National Environmental Policy Act
requirements; and
Whereas, a Notice of Intent to Request Release of Funds for said program
will be published in a newspaper of general circulation; and
Whereas, any and all comments received as a result of such notice will be duly
considered before proceeding with a Request for Release of Funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City Clerk be and is hereby authorized and directed to
publish a Notice of Intent to Request Release of Funds for ~e Lead-Based Paint
Hazard Reduction Grant Program and to make the Environmental Review Record for
said projects available for public inspection and comment until 5:00 p.m. on November
13, 2003. Such notice shall be in the form of Exhibit "A" attached hereto and made a
part hereof.
Section 2. That the environmental review record for the project shall be placed
on file in the Housing and Community Development Department, 1805 Central, and
Health Services, 300 Main, Dubuque, Iowa where said record may be examined and
copied by any interested party.
Section 3. That the Mayor of the City of Dubuque is hereby authorized and
directed to submit to the U.S. Department of Housing and Urban Development seven
(7) days after publication of appropriate notice a Request for Release of Funds to
undertake the said project.
Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent
to assume the status of a responsible federal official under the National Environmental
Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of
Housing and Urban Development responsibilities for review, decision making, and
action assumed and carried out by the City of Dubuque as to environmental issues.
Section 5. That the Mayor of the City of Dubuque is hereby authorized to
consent in his offidal capacity as Mayor and on behalf of the City of Dubuque, to accept
the jurisdiction of the federal courts if an action is brought to enforce responsibilities in
relation to environmental review, decision-making and action.
Section 6. That the Mayor of the City of Dubuque is and he is hereby authorized
and directed to execute a certification pertaining to the environmental review
procedures.
3rd
Passed, approved and adopted this day of November,2003.
? Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:\Users~ATAUKE~ERR\Lead PaintResolutJon.doc
EXHIBIT A
NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
Date of Notice: November 6 2003
City of Dubuque Iowa
Health & Housing & Community Development Department
1805 Central
Dubuque Iowa 52001
563.589-4231
On or about November 14 2003 the City of Dubuque will submit a request to the
U.S. Department of Housing and Urban Development (HUD) for the release of
Lead-Based Paint Hazard Control Grant Program funds under Section 1011 of
the Housing and Community Development Act of 1992, Public Law 102-550, for
the following program/project:
Lead-based paint hazard reduction program for the inspection and
lead-based paint hazard reduction in 255 existing residential units in Census
Tracts 1,5, 6, 7.01, 7.02, 101.01 and 101.03 in the City of Dubuque, Iowa,
excluding special flood hazard areas.
The activities proposed are categorically excluded under HUD regulations at 24
CFR Part 58 from the National Environmental Policy Act requirements. In
accordance with §58.15, a tiered review process has been structured, .wh. ereby
some environmental laws and authorities have been reviewed for the target area
and other applicable laws and authorities will be complied with, when individual
projects are dpe for review. Specifically, the target area has been studied and
compliance with the following laws and authorities has been established:
Floodplain Management, Coastal Barriers Resource ACt, Coastai Zone
Management Act. Compliance with the following laws and authorities will take
place for lead-only projects, i.e., projects that do not combine funding with other
Federal funding sources, prior to commitment of funds for: Historic Preservation,
National Flood Insurance Program requirements, Explosive & Flammable
Operations. For combined lead/rehabilitation projects including CDBG, HOME
or other Federal funding sources, the City will complete a Statutory Worksheet,
in accordance with Sec. 58.35. Copies of the compliance documentation
worksheets are available at the address below.
An Environmental Review Record (ERR) that documents the environmental
determinations for this project, and more fully describes the tiered review
process cited above, is on file at Housing and Community Development Office,
!805 Central, Dubuque, Iowa and Health Services, 1300 Main, Dubuque, Iowa
and may be examined or copied weekdays 8:00a.m. to 5:00 p.m.
PUBLIC COMMENTS
Any individual, group, or agency may submit written comments on the ERR to
the Housing and Community Development Department, 1805 Central, Dubuque,
Iowa. All comments received by November 13, 2003 will be considered by the
City of Dubuque pdor to authorizing submission of a Request for Release Of
Funds and Certification to HUD.
RELEASE OF FUNDS
The City of Dubuque certifies to HUD that Terrance M. Duggan, in his/her official
capacity as Mayor, consents to accept the jurisdiction of the Federal Courts if an
action is brought to enforce responsibilities in relation to the environmental
review process and that these responsibilities have been satisfied. HUD's
approval of the certification satisfies its responsibilities under NEPA and related
laws and authorities, and allows the City of Dubuqe to utilize federal funds and
implement the Program.
OBJECTIONS TO RELEASE OF FUNDS
HUD will consider objections to its release of funds and the City of Dubuque
certification for a period of fifteen days following either the anticipated
submission date (cited above) or HUD's actual receipt of the request (whichever
is later) only if the objections are on one of the following bases: (a) that the
Certification was not executed by the Certifying Officer of the City of Dubuque;
(b) the City of Dubuque has omitted a step or ~i!ed to make a decision or finding
required by HUD regulations at 24 CFR Part 58; (c) the City of Dubuque has
committed funds or incurred costs not authorized by 24 CFR Part 58 before
approval of a release of funds by HUD; (d) another Federal agency acting
pursuant to 40 CFR Part 1504 has submitted a wdtten finding that the project is
unsatisfactory from the standpoint of environmental quality. Objections must be
prepared and submitted in accordance with the required procedures (24 CFR
Part 58), and may be addressed to HUD as follows: U.S. Department of Housing
and Urban Development, Karen Choi, Environmental Clearance Officer, 611
West Sixth Street, Suite 805, Los Angeles, CA 90017. Potential objectors may
contact HUD to verif7 the actual last day of the objection period.
Terrance M. Duggan, Mayor, City of Dubuque
F:\Users~ATAUKE~ERR~ead 04\Lead NOIRROF,doc
Re'quest for Release of Funds
and Certification
U.S. Department of Housing
and Urban Development
Office of Community Planning
and Development
OMB No. 2506-0087
(exp. 11/30/2004)
This form is to be used by Responsible Entities and Recipients (as defined in 24 CFR 58.2) when requesting the release of funds= and
requesting the authority to use such funds, for HUD programs identified by statutes that provide for the assumption of the environmental
review responsibility by units of general local government and States. Public reporting burden for this collection of information is estimated
to average 36 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collect[on of information. This agency may not conduct or sponsor, and
a pemon is not required to respond to, a collection of information unless that collection displays a valid OMB control number.
Part 1. Program Description and Request for Release of Funds o be completed by Responsible Entity)
2. HUD/State Identif cat on Number 3. Recipient Id=.[i[;~ation Number
1. Program Title(s) (optional)
Lead-Based Paint Hazard Control Grant iAL~0243-03 42-fi004596
4. OMB Catalog Number(s) 5. Name and address of responsible entity
City of Dubuque
Health & Housing a Co~nlty Development Dept
1805 Central
Dubuque IA 52001
6. For information about this request, contact (name & phone number)
Kathleen i.~h (563)589-4231
7. Name and address of recipient (if different than responsible ecti~)
451 Seventh Street, SW
The recipient(s) of assistance under the program(s) listed above requests the release of funds and removal of envlronmenta~ grau~
condifionsgoverningtheuseoftheas~ance ~rthe~llowing
9. PmgramA~v~(i~)/Project Name(s) 10. Lo~n(S~e~addre~,c~,coutay, Sta~e)
Lead-Baeed Paint Hazard ~eduction Grant Ce~su$ Tracts 1,5,6,7.01,7.02, 101.01 and
101.03 (excluding special {lood hazard areas)
Program in the City of Dubuque, Dubuque County, Iowa
11. Program Activ~/ProjectDe~ription
Lead-based paint hazard reduction program ~or the inspection and
lead-based paint hazard reduction in 255 existing residential units.
fo..~n. HUD-?015.!5 (1/99)
Previous editions are obsolete