(a) Not later than two weeks after notification to the City by HUD of the filing date for a pre- application to HUD, City officials shall schedule a meeting with the Committee to begin the process of applying for funds. This meeting shall take place within four weeks of the above-mentioned notification. At this meeting, the City officials shall present to the Committee proposed funding levels and preliminary plans and/or suggestions for activities. The City shall also present proposed activities to inform the public about the program, its funding levels, eligible activities and important program requirements. The Committee shall respond to these preliminary activity proposals and present to the City any requests for additions, deletions or modifications in the proposed action plan. If no response is received by the City from the Committee within fourteen days, or such shorter time as the HUD application dates may dictate, from the date of presentation, the City shall deem that all proposed actions and programs are accepted and proceed with the pre-application process, including public hearings and the information program. During this period of formulation of programs and activities, the City shall make available City officials, other staff and consultants, if applicable, to assist the Committee in formulating and reviewing programs.
(b) Prior to the submission of the pre-application, Council shall submit the proposed activities to the Committee for approval. If the Committee withholds approval, it must furnish reasons for such action in writing to Council within one week of the submission of the activities to the Committee.
(c) Prior to the submission of the pre-application to HUD, Council shall call and hold two public hearings for the purpose of soliciting public opinion concerning the application. Council shall give, at a minimum, ten days public notice of the meeting, its purpose, funding levels and other pertinent information, in the popular media. Popular media include newspapers of general circulation in the area, radio, television, displays in public places, etc. It is not required that all of these methods be used but that the information be readily noticeable and available to the public. One of these public hearings shall also consider previous community development program performance, if applicable.
(d) At the time of submission of the pre-application to HUD, Council shall publish a notice in the general media to this effect and to inform the public that the pre-application is available for review by residents. This notice shall state the location and times that the application is available for review and shall describe conditions whereby residents may submit objections to approval of the pre- application to HUD.
(e) Upon the invitation of HUD to submit a full application for approved activities and/or programs and a Housing Assistance Plan, Council shall submit this invitation to the Committee for approval. If the Committee withholds approval, it must furnish reasons for such action in writing to Council within one week of the submission of the approved activities to the Committee.
(f) Prior to the submission of the full application and Housing Assistance Plan to HUD, Council shall call and hold two public hearings for the purpose of soliciting public opinion concerning the approved activities and/or program as well as the Housing Assistance Plan. Council shall give, at a minimum, ten days public notice of the meetings, their purpose, funding levels for approved activities and other pertinent information, in the popular media, as defined in subsection (c) hereof.
(g) Upon completion of the draft of the full application for submission for A-95 review, Council shall also submit a copy to the Committee for review and comment. Comments, if any, shall be made in writing to Council and shall be considered by it prior to its submission of the full application to HUD. Written responses shall be made to written comments.
(h) At the time of submission of the application to HUD, Council shall publish a notice in the general media to this effect and to inform the public that the application is available for review by residents. This notice shall state the location and times that the application is available for review and shall describe conditions whereby residents may submit objections to approval of the application to HUD.
(i) Subsequent to the final approval of HUD, Council shall inform the Committee of such approval and shall request the Committee to act in an advisory role in policy decisions regarding program implementation. This request shall state the location and time of the initial meeting. Subsequent meetings shall be at mutually convenient times as established by Council. Meetings will normally be held on the second and fourth Mondays of each month at 7:30 p.m. in the Council Chambers, unless modified by the Committee. If the time and place of the Committee meeting is modified, all members shall be notified and a public notice published in a local newspaper of general circulation.
(j) Three months prior to the end of a program year, Council shall submit a report to the Committee detailing community development performance, including the performance of the applicant's grantees and contractors, on activities undertaken during the program year. This report shall indicate program progress in quantifiable terms and shall provide an evaluation of present and expected results. It shall be the function of the Committee to receive this report and provide comments, if any, to Council on the year's activities. This comment shall be presented to Council not later than fourteen days after the aforementioned report to the Committee. Prior to submission to HUD of the assessment of performance, one public hearing shall be held to allow for resident comments. This public hearing may be combined with other public hearings for the sake of convenience. It shall be the policy of the Committee and Council to:
(1) Inform the public through the popular media, and by other means, of yearly funding levels, possible program activities, application procedures, etc.;
(2) Open all Committee meetings to the general public and inform the public as to the time and place of each meeting. Each meeting shall be held in a location that is accessible to the handicapped.
(3) Present to the general public as much information as possible concerning the program;
(4) Hold two formal public hearings prior to the submission of the pre-application/ application for program year funding to HUD and hold one public hearing concerning program performance prior to project close out;
(5) Make accessible to the Committee, City officials, consultants, etc., at reasonable and mutually convenient times, information necessary to carry out their functions in an efficient and timely manner. Council shall also make technical assistance available to the Committee upon request. The extent of this technical assistance shall be determined by Council.
(6) Inform the Committee and the public that objections to the pre-application/ application may be submitted to HUD during the program review period. These objections shall be submitted to the Ohio Area Office of the U.S. Department of Housing and Urban Development. HUD will only consider objections to the above submissions for one or more of the following reasons:
A. The applicant's description of needs and objectives is plainly inconsistent with available facts and dates.
B. The activities to be undertaken are plainly inappropriate to meeting the needs and objectives identified by the applicant.
C. The pre-application/application does not comply with citizens' participation requirements or other applicable laws.
D. The pre-application/application proposes activities that are otherwise ineligible.
Objections submitted to HUD shall include both an identification of the requirements not met and, in the case of objections made on the grounds that the description of needs and objectives is plainly inconsistent with significant, generally available facts and data, the data upon which the persons rely.
Although HUD will consider objections submitted at any time, such objections should be submitted within thirty days of the publication of the notice that the pre-application/application has been submitted to HUD. HUD will not approve the pre-application/ application until forty-five days following its receipt by HUD.
(k) In situations where the City seeks to amend the approved budget, to reallocate funds for new (unapproved) activities, to reallocate funds for new (unapproved) areas, and/or to modify the goals of the Housing Assistance Plan, Council shall seek input concerning the program modification from the Committee. Prior to making any such program amendment, Council shall notify the Committee in writing of its intentions. The Committee shall have two weeks from the date of the notification to respond. If no written response is received in that period, Council shall assume that the program amendments are accepted as submitted. If a written response is received, Council shall consider them prior to undertaking the proposed program amendments.
Prior to the submission of the program amendment to HUD, Council shall call and hold two public hearings for the purpose of soliciting public opinion concerning the proposed amendment. One shall be held during the formulation of the amendment and one shall be held prior to submission of the amendment to HUD. Council shall give ten days public notice of the meetings, the purpose, funding levels and other pertinent information, in the popular media. Popular media includes newspapers of general circulation in the area, radio, television, displays in public places, etc. It is not required that all of these methods be used but that the information be readily noticeable and available to the public.
(l) The above Plan and schedule of events is predicated on Council receiving sufficient notice of application filing dates for discretionary community development funds from the U.S. Department of Housing and Urban Development (HUD). Should the notice of filing dates be insufficient to permit the full exercise of the time periods mentioned above, Council shall reserve the right to shorten the time periods and/or eliminate specific steps as necessary to achieve the filing of any application or pre-application within the time frame established by HUD. If this action becomes necessary, Council shall immediately inform the Committee of such action and the reason therefor. Council shall always be responsible for carrying out the spirit and intent of the Plan to the greatest extent feasible.
(m) The following shall be the procedure for filing a grievance or complaint concerning the programming or operation of the Community Development Program (CDP).
(1) All complaints concerning the planning, programming and operation of the Community Development Program shall be made to the Mayor. Upon receipt of a complaint, the Mayor shall attempt to adjudicate the problem with the complainant and any other necessary parties. Written response to written comments shall be made within fifteen working days of the receipt of such comments. If the Mayor is unable to adjudicate the complaint to the mutual satisfaction of all parties, he or she shall forward the complaint, in writing (which shall include any written material furnished by the complainant), to Council. The complainant shall be informed in writing that the complaint has been forwarded to Council and that the complainant may appear before Council within seven days of the forwarding of the complaint to present his or her case. Council shall review the complaint and conduct whatever investigations, hearings, interviews or other activities it deems appropriate to fully inform itself concerning the complaint. Council shall also provide the complainant with reasonable time to present his or her case to Council if the complainant requests more time than the seven-day period.
(2) Council shall, after conducting any investigation, hearing or interview it deems necessary and hearing the complainant in accordance with the time schedule set forth in paragraph (m)(l) hereof, render a decision on the matter within fifteen days of notification of such complaint. The decision of Council on the matter shall be final. Written response shall be made to written complaints.
(3) The complainant shall be informed that if he or she is not satisfied with the decision rendered, he or she has a right to make a written complaint to the Area Office of the U. S. Department of Housing and Urban Development. The Mayor shall provide the complainant with the proper names, addresses and telephone numbers necessary to forward such complaint to HUD.
(Ord. 80-048. Passed 12-22-80.)