CDBG Funds Lead Paint Hsg TrustMEMORANDUM
TO:
FROM:
SUBJECT:
January 13, 2004
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Publication of Notice of Intent to Request Release of Community
Development Block Grant (CDBG) Funds for the Lead Paint Hazard
Abatement Program and Housing Trust Program
Housing and Community Development Department Director David Harris is
recommending publication of a Notice of Intent to Request Release of Community
Development Block Grant (CDBG) Funds for the Lead Paint Hazard Abatement
Program and Housing Trust 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
TI-IE ~dl'l ~r OF ~
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MEMORANDUM
Janua~ 13,2004
To;
From:
Subject:
Michael~.V~ Milligen, City Manager
David Harris,'~'~'~- Housing and Community Development Department
Publication Of Notice of Notice of Intent to Request Release of Community
DevelOpment Block Grant (CDBG) Funds for the Lead Paint Hazard
Abatement program and Housing Trust program
Introduction
This memorandum transmits a proposed resolution authorizing the publication of a
Notice of Intent to Request Release of Community Development Block Grant (CDBG)
Funds for the Lead Paint Hazard Abatement program and Housing Trust program.
These programs were recently included in the FY 2004 Annual Action Plan Amendment
2.
Backqround
An amendment to the FY 2004 Annual Action Plan funded $30,000 for the Lead-Based
Paint Abatement program as a partial match for the $2,417,399 Lead Hazard Control
Grant and $77,288 for the Housing Trust Fund. The Council added these CDBG
programs to the FY 2004 Annual Action Plan with the adoption of Amendment 2 on
December 15, 2003.
The City of Dubuque must publish a notice of environmental review finding for these
programs 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 Community Development Block Grant
(CDBG) funds for the Lead-Based Paint Abatement program and Housing Trust
program 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 secudng the release of funds for these projects.
Recommendation
I recommend that the City Council authorize publication of the Notice of Intent to
Request Release of Community Development Block Grant (CDBG) Funds for the Lead
Paint Hazard Abatement program and Housing Trust 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 Monday February 2,
2004 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~ERRYLead 04\Lead & Housing Trust Council memo.doc
RESOLUTION NO. 25-04
A RESOLUTION AUTHORIZING PUBLICATION OF A NOTICE OF INTENT TO
REQUEST RELEASE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
FOR THE LEAD PAINT HAZARD ABATEMENT AND HOUSING TRUST
PROGRAMS.
Whereas, the City of Dubuque will enter into a Grant Agreement for the Fiscal
Year commencing July 1, 2003, with the U.S. Department of Housing and Urban
Development, providing for financial assistance to the City under Title I of the Housing
and Community Development Act of 1974, as amended; 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 Lead Paint Hazard Abatement program and Housing Trust program to be
financed with Community Development Block Grant funds; and
Whereas, based on said environmental review, the Housing and Community
Development Department has determined that the Lead Paint Hazard Abatement
program and Housing Trust Program are categorically excluded under HUD regulations
at 24 CFR Part 58 fi-om the Nationa] Environmental Policy Act requirements; and
Whereas, a Notice of Intent to Request Release of Funds for said programs 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 Community Development Block Grant
Funds for the Lead Paint Hazard Abatement and Housing Trust Programs and to make
the Environmental Review Record for said programs available for public inspection and
comment until 5:00 p.m. on February 2, 2004. 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 official 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.
19th
Passed, approved and adopted this day 19th day of January, 2004.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
F:\Users~,TAUKE~ERR\Lead 04\Lead & Housing Trust ROF Resolution.doc
Exhibit A
PUBLIC NOTICE
NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS
Dated and Published January 23 2004
Housing and Community Development Department
1805 Central Ave
Dubuque, Iowa 52001-4884
563-589-4239
On or about February 4, 2004 the City of Dubuque will submit a request to the U.S.
Department of Housing and Urban Development (HUD) for the release of Community
Development Block Grant (CDBG) funds for the following programs:
Community Development Block Grant (CDBG) Programs Lead Paint Hazard Abatement Program
Funding to homeowners and rental unit owners for inspection and lead-based
paint hazard abatement in Iow and moderate income residential units.
Housing Trust Program
Funding to private or non-profit initiatives to create permanently
affordable housing.
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, whereby some environmental
laws and authorities have been reviewed and other applicable laws and authorities will
be complied with, when individual projects are ready for review. 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, 1805 Central,
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 February 2, 2004 will be considered by the City of Dubuque
prior 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 Dubuque to utilize Community Development Block Grant funds and
implement the programs.
OBJECTIONS TO RELEASE OF FUNDS
HUD will accept objections to its release of funds and the City of Dubuque's
certification for a period of fifteen days following the anticipated submission date or its
actual receipt of the request (whichever is later) only if they are on one of the following
bases: (a) the certification was not executed by the Certifying Officer of the City of
Dubuque; (b) the City of Dubuque has omitted a step or failed to make a decision or
finding required by HUD regulations at 24 CFR Part 58; (c) the grant recipient has
committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of
a release of funds by HUD; or (d) another Federal agency acting pursuant to 40 CFR
Part 1504 has submitted a written 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 shall be addressed to
U.S. Department of Housing and Urban Development (HUD), Omaha Area Office,
Executive Tower Centre, 10909 Mill Valley Road, Omaha NE 68153. Potential
objectors should contact HUD to verify the actual last day of the objection period.
Terrance M Duggan, Mayor
F:\Users~ATAUKE~ERR~Lead 04~Lead & Housing Trust E~63ibit A.doc
Request for Release of Funds
end Certification
U.S. Department of Housing
and Urban Development
Office of Community Planning
and Development
OMB No. 2506-0087
(exp. 11/$0/2004)
This form is to be used by Responsible Entitles and Recipients (as daf ned 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 assumpt on 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 collection of information. This agency may not conduct or sponsor, and
a person 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 Rs;ecsc of Funds
1. Program Tif[e(s)
Co~amnity Development Block Grant
4. OMB Catalog Number(s)
6. For information about this request, contact (name & phone number)
~is Tau?~, Co~anlty De. element
3 be completed by Responsible Entry)
2. HUD/State Identification Number 3. Recipient Identification Number
(optional)
B-03-MC-19-0004 42-6004596
5. Name andaddmss ~ mspo~i~ee~i~
City of Dubuque
City Hall 50 West 13th Street
Dubuque Iowa 52001-486&
Name and address of recipient (if d~erent Man responsible entr[y)
68153
The recipient(s) of assistance under the program(s) listed above requests the re]ease of funds and removal of environmental grant
conditions governing the use of the assistance for the following
9. program Activity(ies)/pro]e~t Name(s) to. ~oc~uv. ~o~, ~.~,~so, ~,.y, c~.,,~. ..... ,
Lead ~aint Hazard Abatement ~rogram and City of Dubuque, Dubuque Count~, Iowa
Housing Trust program
11. Program A~vity/ProjectDescription
Lead Paint Hazar~ Abatement Program
Funding to homeowners and rental unit owners for inspection and lead-base~ paint hazard
abatement in low and moderate income residential unite.
HoUsing Trust Program
Funding to private or non-profit initiatives to create permanently
af[ordable housing.
form ]4UD-7015.15 (1/99)
Previous editions are obsolete
Part 2, Environmental Certification (to be completed by responsible entity)
With reference to the above Program Activity(ies)/Project(s), I, the undersigned officer of the responsible entity, certify that:
1. The responsible entity has fully carried out its responsibilities for environmental review, decision-malting and action pertaining to
the project(s) named above.
2. The responsible entity has assumed responsibility for and complied with and will continue to comply with, the National
En~4ronmental Policy Act of 1969, as amended, and the environmental procedures, permit requirements and statutory obligations
of the laws cited in 24 CFR 58.5; and also agrees to comply with the authorities in 24 CFR 58.6 and applicable State and local laws~
3. After considering the type and degree of environmental effects identified by the environmental review completed for the Proposed
project described in part 1 of this request~ I have found that the proposal [] did [] did not reguire the preparation and dias eminatinn
of an environmental impact statement.
The responsible entity has disseminated and/or published in the manner prescribed by 24 CFR 58.43 and 58,55 a notice to the public
in accordance with 24 CFR 58.70 and as evidenced by the attached copy (copies) or evidence of posting and mailing procedure.
5. The dates for all statutory and regulatory time periods for review, comment or other action are in compliance with procedures and
requirements of 24 CFR Part 58.
6. in accordance with 24 CFR 58.71 (b), the responsible entity will advise the recipient (if different from the rosponsible entitY) of any
special environmental conditions that mnst be adhered to in carrying out the project.
As the duly designated certifying official of the responsible entity, I also certify that:
7. I am authorized to and do consent to assume the stems of Federal official reader the National Environmental Policy Act of 1969 and
each provision of law designated in the 24 CFR 58.5 list of NEPA-related authorities insofar as the provisions of these laws apply
to the HUD responsibilities for environmental review, decision-making and action that have been assumed by the responsible entity.
8. i am authorized to and do accept, on behalf of the recipient personally, the jurisdiction of the Federal courts for the eaforcement of
ali these responsibilities, in my capacity as certifying officer of the responsible entity.
Signature of Cartify[ng Officer of the Responsible Entity
Date signed
02/02/2004
X
Address of Certifying Officer
50 West 13th ~treet
Dubuque, Iowa 52001-4864
Part, 3. To be completed when the Recipient is not the Responsible Entity
The recipient requests the release of funds for the programs and activities idantified in Part 1 and agrees to abide by the special conditions,
procedures and requirements of the environmental review and to advise the responsible entity of any proposed change in the scope of
the project or_ any change in environmental conditicns in accordance with 24 CFR 58.7!~),
Signature of Authorized Officer of the Recipient Trde of Authorized Officer
X
Date signed
Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penatt~es. (18 U.S.C. t 001, 1010,1012; 31 U;S.C. 3729,
3802)
Previous editions are obsolete form HUD-7015.15 (1/99)