(a) Purpose. The purpose of the Citizen's Participation Plan is to provide a means and process for full and meaningful participation by the citizens of the Municipality into the process of applying for, expending and evaluating the success of the expenditures of funds provided under the 1974 Housing and Community Development Act, as amended.
(b) General Policy. It shall be the general policy under this Plan to:
(1) Provide all citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities which may be undertaken, other important requirements under the Housing and Community Development Act of 1974, as amended, and any technical assistance required so that the residents may better comprehend the program.
(2) Hold public meetings and formal public hearings to obtain the views of citizens of the Municipality on community development and housing needs.
(3) Provide citizens of the Municipality with adequate opportunity to participate in the development of the program application and in the evaluation of activities undertaken under the program each year.
(Ord. 2738. Passed 9-19-79.)
(4) Make available all information, files and data concerning the Community Development Program and other Federal Programs being undertaken by the Municipality, to the general public for review and copying from 8:00 a.m. to 4:00 p.m., Monday through Friday at the Municipal Offices. Files and data which contain personal and private information concerning individual households are exempted as are personnel files.
(5) Hold an annual Community Development Program performance hearing which shall review the programs included in the Municipality's Community Development Program. This hearing may be combined with other public hearings required under the Community Development Program.
(6) Make technical assistance concerning Community Development available to citizen's organizations so that they may adequately participate in planning, implementing and assessing the Program.
(7) Make technical assistance available to groups of low and moderate income persons and groups of citizens of blighted neighborhoods which request assistance in developing proposals and statements of views.
(Ord. 2804. Passed 9-2-80.)
(8) No part of this section shall be construed to restrict the responsibility and authority of Council for the development of the application and the execution of plans and activities under the 1974 Housing and Community Development Act, as amended.
(c) Organization. In order to carry out the above stated general policy, the following guidelines for citizen participation are adopted.
(1) The official citizens group for fulfilling the citizen participation requirement under the 1974 Housing and Community Development Act, as amended shall be the New Boston Community Development Citizens Advisory Committee.
(2) Membership on this Committee is open to all citizens and property owners within the Municipality. Membership shall be open to all persons meeting the aforesaid qualifications regardless of race, creed, color, sex, age or place of national origin.
(3) The size of this Committee shall be twenty-five members.
(4) Members shall be recommended by the Mayor and appointed to the Committee by Council. In making appointments to this Committee, the Mayor and Council shall attempt to secure as wide a representation of all significant segments in the community as is feasible. The appointing official shall attempt to secure, at a minimum, representation from the following groups:
A. Business | G. Elderly |
B. Low and moderate income | H. Service organization |
C. Manufacturing | I. Government |
D. Education | J. Homeowners |
E. Minority | K. Tenants |
F. Youth | L. Other significant subsectors or groups within the community which may be identified from time to time. |
(5) In making appointments to the Committee, the Mayor and Council shall not discriminate against any eligible person on the basis of race, creed, color, sex, age, or place of national origin.
(6) The length of the term of all appointees to the Committee shall be determined by Council. The only restriction shall be that the determination of length of service shall not be discriminatory. The Mayor and Council shall be responsible for filling all vacancies which occur on the Committee.
(7) The Committee shall be responsible for determining its own method of organization and operation including meeting times, officers, parliamentary procedure, committees, etc.
(d) Operation. In order to accomplish the purpose and general policy of this chapter, the Community Development Citizens Advisory Committee, in conjunction with the Mayor and Council, shall, at a minimum, undertake the following steps:
(1) No later than two weeks after notification to the Municipality by the Department of Housing and Urban Development (DHUD) of the filing date for a preapplication to DHUD, Municipal 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 such notification. At this meeting, the Municipal officials shall present proposed funding levels and preliminary plans and/or suggestions for activities to the Committee. The Municipality shall also present proposed activities to inform the general populous of the Municipality about the program, its funding levels, eligible activities and important program requirements. It shall be the responsibility of the Committee to respond to these preliminary activity proposals and present to the Municipality any requests for additions, deletions or modifications in the proposed action plan. ]f no response is received by the Municipality from the Committee within thirty days, or such shorter time as the DHUD application dates may dictate from the date of presentation, the Municipality shall deem that all proposed actions and programs are accepted and proceed with the preapplication process, including public hearings and information program. During this period of formulation of programs and activities, the Municipality shall make available Municipal officials, other staff and consultants, if applicable, to assist the Committee in formulating and reviewing programs.
(2) Prior to the submission of the preapplication to Council, the Municipality 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.
(3) Prior to the submission of the preapplication to DHUD, Council shall call and hold two public hearings for the purpose of soliciting public opinion concerning the application. Council shall give, at the minimum ten days public notice of such meeting, its purpose, funding levels, and other pertinent information in the popular media. Popular media shall include newspapers of general circulation in the area, radio, T.V., displays in public place, etc. It is not required that all of these methods be used but that the information is readily noticeable and available to the public.
(5) Subsequent to the receipt from DHUD of notice that the preapplication has been received by them and accepted for processing, Council shall publish a notice in the general media to this effect and to inform the public that the preapplication is available for review by citizens. This notice shall state the location and times that the application is available for review.
(6) Upon the invitation of DHUD 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 actions in writing to Council within one week of the submission of the approved activities to the Committee.
(7) Prior to the submission of the full application and Housing Assistance Plan to DHUD, 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 the minimum ten days public notice of such meeting, its purpose, funding levels for approved activities, and other pertinent information in the popular media. The definition of popular media is as stated in subsection (d)(3) herein.
(8) Upon completion of the draft, 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 them prior to their submission of the full application to DHUD.
(9) Subsequent to the receipt from DHUD of notice that the application and the Housing Assistance Plan have been received by them and accepted for processing, 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 citizens. This notice shall state the location and times that the application is available for review.
(10) Subsequent to final approval of DHUD, 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.
(11) 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 no later than thirty days after the aforementioned report to the Committee.
It shall be the policy of the Committee and Council to:
A. Inform the public through the popular media, and by other means, of yearly funding levels, possible program activities, application procedures, etc.
B. Open all Committee meetings to the general public and inform the public as to the time and place of each meeting.
C. Present to the general public as much information as possible concerning the program.
D. Hold two formal public hearings prior to the submission of the preapplication for program year funding to DHUD.
E. Hold two formal public hearings prior to the submission of the full application for program year funding to DHUD.
F. Make accessible to the Committee, Municipal officials, consultants, etc. , at reasonable and mutually convenient times, information necessary to carry out their functions in an efficient and timely manner.
(e) Program Amendments.
(1) The Mayor shall have the authority to reallocate up to ten percent of the total Community Development Program budget to any existing approved activity without prior consultation with the Committee.
(2) In situations where the Municipality seeks to reallocate more than ten percent of the total approved budget, to reallocate funds for new, unapproved, activities, and/or to reallocate funds for new, unapproved, areas, Council and the Mayor seek input concerning the program modification from the Committee. Prior to making any such program amendment, Council shall notify the Committee in writing of their 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.
(3) Prior to the submission of the program amendment to DHUD, Council shall call and hold two public hearings for the purpose of soliciting public opinion concerning the proposed amendment. Council shall give ten days public notice of such meeting, its purpose, funding levels, and other pertinent information in the popular media. Popular media shall include newspapers of general circulation in the area, radio, T.V., displays in public places, etc. It is not required that all of these methods be used but that the information is readily noticeable and available to the public.
(4) Such Plan and schedule of events is predicated on Council receiving sufficient notice of application filing dates for discretionary CD funds from the U. S. Department of Housing and Urban Development (DHUD). Should such 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 filing of any application or preapplication within the time frame established by DHUD. If this action becomes necessary, Council shall immediately inform the Committee of such actions and the reason therefor. Council shall always be responsible for carrying out the spirit and intent of the Plan to the greatest extent feasible.
(f) Grievance Procedure. 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. If the Mayor is unable to adjudicate the complaint to the mutual satisfaction of all parties, he 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 case. Council shall review the complaint and conduct whatever investigations, hearings, interviews or other activities they deem appropriate to fully inform themselves concerning the complaint. They shall also provide the complainant with reasonable time to present his case to Council if the complainant requests additional time over the seven day period stated herein.
(2) Council shall, after conducting any investigation, hearing or interview deemed necessary and hearing the complainant in accord with the time schedule above, render a decision in the matter within fifteen days of notification of such complaint. The decision of Council in the matter shall be final.
(3) The complainant shall be informed that, if they are not satisfied with the decision rendered, they have 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 DHUD. The Mayor shall also inform the complainant that DHUD will consider objections to the approval of an application only on the following grounds:
A. The applicant's description of needs and objectives is plainly inconsistent with available facts and dates; or
B. The activities to be undertaken are plainly inappropriate to meeting the needs and objectives identified by the applicant; or
C. The application does not comply with citizens' participation requirements or other applicable laws; or
D. The application proposes activities that are otherwise ineligible.
(g) Copies; Amendments.
(1) Council shall make copies of this Plan public and generally available.
(2) This Plan may be amended at any time by Council or Committee. All changes, amendments or modifications shall be submitted to both the Committee and Council for approval. Approval by both parties is required for adoption.
(Ord. 2738. Passed 9-19-79.)
(Ord. 2738. Passed 9-19-79.)