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Lead Paint Hazard Control Grant and Health Homes Production GrantMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Notice of Intent to Request Release of Funds - Lead Paint Hazard Control Grant and Health Homes Production Grant DATE: March 14, 2011 Dubuque kittill AU- Anaetica 11111! 2007 The City Council must request release of the funds for the Lead Hazard Control Grant and Healthy Homes Production Grant from the U.S. Department of Housing and Urban Development, Office of Healthy Homes and Lead Hazard Control. The City of Dubuque has received a $3,099,948 Lead Paint Hazard Control Grant for inspection of and lead - based paint hazard reduction in 185 housing units and to provide training to individuals for lead certification over the next three years. This is the fourth three -year lead grant received by the City of Dubuque since 1997, totaling more than $12 million in awards. The City also was awarded a $999,973 Healthy Homes Production Program Grant to identify and remediate housing - related health and safety hazards in 100 low- income housing units. The City of Dubuque published a Notice of Intent to Request Release of Funds on March 18, 2011. This required notice allows seven days for citizen and public agency comments on the environmental assessment of these programs. Public comment will be accepted until March 28, 2011, and will be taken into account before proceeding with the request for release of funds. The City may then file Requests for Release of Lead Paint Hazard Control Grant and Healthy Homes Production Program Grant funds and Certification with the U.S. Department of Housing and Urban Development. Housing and Community Development Department Director David Harris recommends execution of the Request for Release of Funds and Certification. I concur with the recommendation and respectfully request Mayor and City Council approval. Mich el C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager David Harris, Housing and Community Development Department Director THE CITY OF Dui Masterpiece on the Mississippi To: Micha I V n Milligen, City Manager From: David arras, Housing and Community Development Department Subject: Notice of Intent to Request Release of Funds - Lead Paint Hazard Control Grant and Healthy Homes Production Grant Date: March 18, 2011 Dubuque AFAmstcacIy 1 2007 Introduction This memorandum transmits a proposed resolution authorizing the Notice of Intent to Request Release of Funds for the Lead Paint Hazard Control Grant and Healthy Homes Production Grant Programs. Background The City Council must request release of the funds for the Lead Hazard Control Grant and Healthy Homes Production Grant from the U.S. Department of Housing and Urban Development, Office of Healthy Homes and Lead Hazard Control. The City of Dubuque has received a $3,099,948 Lead Paint Hazard Control Grant for inspection of and lead -based paint hazard reduction in 185 housing units and to provide training to individuals for lead certification. The City also was awarded a $999,973 Healthy Homes Production Program Grant to identify and remediate housing - related health and safety hazards in 100 low- income housing units. The City of Dubuque published a Notice of Intent to Request Release of Funds (NOI /RROF) on March 18, 2011. This required notice allows 7days for citizen and public agency comments on the environmental assessment of these programs. Public comment will be accepted until March 28, 2011 and will be taken into account before proceeding with the request for release of funds. The City may then file Requests for Release of Lead Paint Hazard Control Grant and Healthy Homes Production Program Grant funds and Certification with the U.S. Department of Housing and Urban Development (HUD). Recommendation I recommend that the City Council authorize the Mayor to execute a Request for Release of Funds and Certification seven (7) days after publication of the NOI /RROF for the Release of Lead Paint Hazard Control Grant and Healthy Homes Production Program Grant funds and submit to the U.S. Department of Housing and Urban Development (HUD). 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\2011 Lead Grant \Lead & HH NOI.RROF mvm memo.doc RESOLUTION NO. 106 -2011 (106-11) A RESOLUTION AUTHORIZING REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION FOR LEAD PAINT HAZARD CONTROL GRANT AND HEALTHY HOMES PRODUCTION GRANT PROGRAMS. Whereas, the City of Dubuque has been awarded Lead Paint Hazard Control Grant and Healthy Homes Production Grant funds from the U.S. Department of Housing and Urban Development, 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 Paint Hazard Control Grant and Healthy Homes Production Grant; and Whereas, a Notice of Intent to Request Release of Funds for said grants has been published on March 18, 2011 to commence the required seven (7) day comment period; 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 and Certification, and Whereas, a Request for Release of Funds and Certification must be sent to the U.S. Department of Housing and Urban Development at the conclusion of the comment period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed to execute a Request for Release of Funds and Certification on or about March 28, 2011 and submit to the U.S. Department of Housing and Urban Development. Section 2. 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 3. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity 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 process, decision - making and action. 21st Passed, approved and adopted this day of March 2011 Jeanne F. Schneider, City Clerk F:\USERSWTAUKE \ERR\Lead\2011 Lead Grant\Lead & HH NOI.RROF. res.doc Roy D. Buol, Mayor Request for Release of Funds and Certification 1. Program Title(s) Lead Based Paint Hazard Control Grant 4. OMB Catalog Number(s) 14.900 6. For information about this request, contact (name & phone number) Kevin Hirsch 563 - 589 - 1724 8. HUD or State Agency and office unit to receive request HUD, Office of Healthy Homes and Lead Hazard Control, 451 Seventh Street SW, Room 9245,Washington, DC 20410 U.S. Department of Housing and Urban Development Office of Community Planning and Development Part 1. Program Description and Request for Release of Funds (to be completed by Responsible Entity) 2. HUD /State Identification Number IALHB0466 - 10 5. Name and address of responsible entity City of Dubuque 350 West 6th Street Suite 312 Dubuque IA 52001 OMB No. 2506 -0087 (exp. 3/31/2011) 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 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. 3. Recipient Identification Number (optional) 7. Name and address of recipient (if different than responsible entity) The recipient(s) of assistance under the program(s) listed above requests the release of funds and removal of environmental grant conditions governing the use of the assistance for the following 9. Program Activity(ies) /Project Name(s) 10. Location (Street address, city, county, State) Lead Based Paint Hazard Control GrantProgram City of Dubuque, Dubuque County,Iowa 11. Program Activity /Project Description Program will perform lead hazard control work to reduce the number of lead poisoned throughout the target area through evaluation of housing units for lead hazards and eliminating the lead hazards in homes. The City will also provide training to individuals for lead certification. Previous editions are obsolete form HUD - 7015.15 (1/99) 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- making 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 Environmental 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 71did not require the preparation and dissemination of an environmental impact statement. 4. 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 responsible entity) of any special environmental conditions that must be adhered to in carrying out the project. Signature of Certifying Officer of the Responsible Entity X Address of Certifying Officer 50 West 13th Street, Dubuque, Iowa 52001 X Previous editions are obsolete 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 status of Federal official under 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 enforcement of all these responsibilities, in my capacity as certifying officer of the responsible entity. Date signed Part 3. To be completed when the Recipient is not the Responsible Entity Title of Certifying Officer Roy D. Buol, Mayor Date signed 03/28/2011 The recipient requests the release of funds for the programs and activities identified 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 conditions in accordance with 24 CFR 58.71(b). Signature of Authorized Officer of the Recipient Title of Authorized Officer Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and /or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) form HUD - 7015.15 (1/99) Request for Release of Funds and Certification U.S. Department of Housing and Urban Development Office of Community Planning and Development 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 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 Release of Funds (to be completed by Responsible Entity) 1. Program Title(s) Healthy Homes Production Grant 4. OMB Catalog Number(s) 14.913 6. For information about this request, contact (name & phone number) Kevin Hirsch 563 - 589 - 1724 8. HUD or State Agency and office unit to receive request HUD, Office of Healthy Homes and Lead Hazard Control, 451 Seventh Street SW, Room 9245,Washington, DC 20410 2. HUD /State Identification Number IALHH0217 - 10 5. Name and address of responsible entity City of Dubuque 350 West 6th Street Suite 312 Dubuque IA 52001 OMB No. 2506 -0087 (exp. 3/31/2011) 3. Recipient Identification Number (optional) 7. Name and address of recipient (if different than responsible entity) The recipient(s) of assistance under the program(s) listed above requests the release of funds and removal of environmental grant conditions governing the use of the assistance for the following 9. Program Activity(ies) /Project Name(s) 10. Location (Street address, city, county, State) Healthy Homes Production Grant Program City of Dubuque, Dubuque County,Iowa 11. Program Activity /Project Description Program will identify and re- mediate housing - related health and safety hazards in low income housing units throughout the neighborhoods of Dubuque. Previous editions are obsolete form HUD - 7015.15 (1/99) 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 - making 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 Environmental 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 n did 11 'did not require the preparation and dissemination of an environmental impact statement. 4. 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 responsible entity) of any special environmental conditions that must 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 status of Federal official under 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 enforcement of all these responsibilities, in my capacity as certifying officer of the responsible entity. Signature of Certifying Officer of the Responsible Entity X Address of Certifying Officer 50 West 13th Street, Dubuque, Iowa 52001 Title of Certifying Officer Roy D. Buol, Mayor Date signed 03/28/2011 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 identified 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 conditions in accordance with 24 CFR 58.71(b). Signature of Authorized Officer of the Recipient Title of Authorized Officer Date signed X Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Previous editions are obsolete form HUD - 7015.15 (1/99)