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AGENDA MEETING r/ ~ t.~,__"., _,. I r- MEMORANDUM TO:~ The City Commission of the City of Clearwater SUBJECT: Agenda No. 7 Meeting Date:12-21-7C cmooruTY DEVELOPMENT CITIZEN PARTICIPATION PLAN RECOM MENDATION: The citizen participation plan for the City of Clean~ater Community Development Block Grant Program be approved. o And that the appropriate officials be authorized to execute same. BACKGROUN 0: The Community Development Act and HUD Regulations governing the administration of the Community Development Block Grant Program require the development and adoption of a Citizen Participation Plan. This plan is intended to set forth City policy and procedures for obtaining and maintaining citizen participation throughout the development and operation of our Community Development Program. A draft plan is attached for consideration. The material change from our existing Citizen Participation Plan is the establishment of a neighborhood Advisory Committee composed of twelve citizens appointed by the City Commission to represent local interests regarding this program. Such a vehicle is used by most Block Grant recipients and has been found to be an effective tool in meeting citizen participation goals. Commission DiSPOS~J J.; ~ Follow-up Action: 7 K/:L/i-~ Date a Sequentia I Reference iiJ Not Required o Not Required Costs: ~l/A Funding Source: o Capital Improve- ment Budget CI Operating Budget o Other ~Attachments: Submitted by: Advertised: tL~ City Manager Date: 18 Affected Parties Notified of Meeting Plan Paper: Originating Department: 'Community Development Appropriation Code o None 12-- I I CITIZEN PARTICIPATION PLAN CITY OF CLEARWATER, FLORIDA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM City of Clearwater, Florida Office of Community Development I I CITIZEN PARTICIPATION PLAN CITY OF CLEARWATER, FLORIDA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM -1- I I 6. Program Implementation. 7. Assessment of Performance. 8. Consideration of Objections and Complaints. Although the Community Development legislation is designed to allow each local governing' body flexibility in meeting the requirements of the legislation, certain minimal requirements must be met. These require- ments are not envisioned by the Congress and BUD as a method by which to dictate the mechanism or structure that involvement by citizens must follow, but rather, to establish a set of ground rules or minimal obli- gations on the part of the local government. The requirements, as specified, include the developing and publicizing of a plan that specifies the role that d.tizen participation will play in the formulation of the grant application and implementation of the grant program. The plan must specify: 1. A process for citizen participation at the communitywide level . and at the neighborhood level. 2. A process that allows citizen participation to be conducted in an open manner with freedom of access for all interested parties. 3. The involvement of low and moderate income persons, members of m:lnorlty groups, and residents within the designated compre- hensive neighborhood revitalization areas. 4. Continuity of participation by specific citizen representatives throughout all stages of the grant program. -2- I I -3- 1 I 10. A process for answering proposals and complaints in a timely and responsive manner. 11. The availability of technical assistance. 12. Affirmative efforts to get adequate information to citizens, especially to those of low and moderate income and to those residing in lower income or blighted neighborhoods. 13. A sufficient number of public hearings to obtain citizens views at different stages of the program held at convenient times and loea tions . PHILOSOPHY OF CITIZEN INVOLVEMENT Citizen participation is extremely important in the development of any cotlDllunity planning program. In recognition of this important aspect of planning, the Community Development Department will initiate a plan that will emphasize ~e need for a broad range of citizen input in the establishment of goals, objectives, projects, and priorities to be pursued in the use of Coumunity Development Funds available to the City of Clearwater and in the implementation, mnitoring, and evaluation of funded programs. This action, with the support of the City Commssion, will set the tone for an increased degree of involvement which should be sought throughout the local planning process. Broadly stated, the in tended philosophy which would govern the planning process is one which attempts to allow all sectors of the cotll1DUE1ity to participate actively in the development of Clearwater's grant applications and in all phases 0 f the City's funded Co1llDlUl1ity Developmen t Programs, and to -4- ] I insure that as many citizens as possible would be given adequate, readily comprehensive information on which to base their recommendations. The role of the Community Development staff is to educate citizens, solicit their opinions, and to translate these opinions into specific recom- mendations within an organized planning framework. A very important principle underlining this philosophy of actively seeking broad-based citizen involvement is that at no time should the citizens see their recommendations as anything other than advisory, realizing that the final authority for decision making rests with the elected officials, for it is they who must bear the ultimate responsi- bility to the citizenry and the Federal Government. CITIZEN PARTICIPATION PLA.'1 The following procedures for citizen participation are developed to establish a program involving significant citizen input which satisfies the intent and letter of applicable Federal laws and regulations and incorporates the existing program framework of citizen participation. Standards of Participation The citizens organization for promoting, monitoring and evaluating the Communi ty Development Program within the City of Clearwater is the Neighborhood Advisory Committee. Three (3) neighborhood target areas have been designated. The City Cotmnission shall appoint three (3) persons from each of the designated target neighborhoods, along with three (3) persons from the community at large, who will together provide citizen involvement and -5- 1 I represent local interest regarding the Co~unity Development Block Grant Program. These ~~elve (12) persons ~v.lll make-up the leighborhood Advisory Committee, and shall be granted the authority to hold neighborhood meetings for the purpose of providing a vehicle by which all citizens can participate in the Community Development Program of Clearwater. It is anticipated that the appointment process will result in ~~e adequate representation of low and moderate income residents, minorities and the handicapped. Vacancies on the Committee shall be filled by appointment by the City Commission. ~~mbers of the Committee may be removed at any time without cause by the City Commission. The ~Teighborhood Advisory Committee is to orp,anize itself with proper byla~~ to govern its conduct of business, to hold regular meetings, and to make recommendations to the Community Development Department. The regular neighborhood meetings of the Neighborhood Advisory Committee ~~ill serve as a primary vehicle for the dissemination of information about the Community Development Program and the solicitation of views about proposed actions and ac ti vi ties. Ci~izen involvement at the community level is to be solicited by the City and available through open public meetings and public hearings on Community Development matters. 1. All aspects of citizen participation shall be conducted in an o?en manner with freedom of access to all meetings, information, and public records by all interested persons. 2. The :leighborhood Advisory Co111Irlttee and the Community Development Department will solicit the involvement and opinions of low and moderate income persons, members of minority groUDS, -6- 1 I residents of the target area or areas, the elderly, the handicapped, and other persons directly affected by or interested in the Community Development Program. 3. The Neighborhood Advisory Committee will involve itself and will participate throughout all stages of the program, including development of the application, program implementation, monitoring, and evaluation. 4. The Community Development Department and the Neighborhood Advisory Committee will provide the citizens of Clearwater with adequate and timely information, through press releases, neighborhood meetings, and public hearings, so as to enable them to be meaningfully involved in important decisions at various stages of the program. Scope of Participation The Neighborhood Advisory Committee, as citizen representatives,sha11 participate throughout all s'tages of the program and, in conjunction with the Community Development Department, be responsible for the effective development and inclusion of citizen comment in all phases of the block grant program. The Neighborhood Advisory Committee is to comment on all plans and programs they feel necessary before they are submitted to the City Co1DDdssion for public hearings. These plans and programs include: 1. Citizen Participation Plan. 2. Application Development Including: -7- I I Subm1ssion 0 f Views and Proposals Th.e Co1mllUnity Development Department and the Neighborhood Advisory Committee are to encourage the subm1ssion of views ~dproposals regarding the -8- I I Community Development Program by citizens, particularly those low and moderate income persons residing within the target area. !bis includes submission of such views: 1. Directly to the City during the planning period prior to public hearings on the application. 2. Directly to the Neighborhood Advisory Committee. 3. At neighborhood and other public meetings scheduled by the Community Development Department or the Neighborhood Advisory Committee prior to public hearings. 4. At formal public hearings. !be Community Development Department shall provide, within 15 days, responses to all proposals submitted directly to the Department or referred by the Neighborhood Advisory Committee to the Department, including written responses to written proposals stating the reasons for the actions taken by the City on the proposal. Consideration of Objections and Grievances Any objection or grievance initiated by a citizen and received in written form should first be referred for administrative disposition to the Director of Community Development who should reply directly to the citizen in written form within ten (10) days of receipt of same and further indicate to the citizen avenues of appeal available. If the citizen is not satisfied with the determination of the Director, he or she may appeal to the Neighborhood Advisory Committee presenting the complaint in written or oral form. !be Neighborhood Advisory Committee may determine that -9- I I the staff has sufficiently addressed the problem and take no further action; it may request that staff respond in another manner; or the Committee may determine that the complaint is valid and may represent the citizens' in teres t to the Ci ty Conmdssion. The City Conmdssion shall make a final determination and direct such response or action it may deem appropriate as the gOverning body responsible for the Community Development Program, such determination shall be final and without administrative appeal. Technical Assistance The Community Development Department shall provide for technical assistance through staff or other resources. Such assistance shall be available on a timely basis: L To the Neighborhood Advisory Conmdttee so that they may be adequately organized and fully participate in planning, implementation, monitoring, and evaluation. Z. Whenever possible, to groups of low and moderate income persons and residents of the target area which requests assistance in developing proposals and atatements of views. 3. Assisting citizens in carrying out Community Development Program activities. Technical assistance should be provided by specialists trained in the area of concern. The organizations and groups to be provided assistance, should assist in the selection of the specialists. Adequate Information The City, through the Community Development Department, will provide full disclosure and public access to all program information. The -10- I I Neighborhood Advisory Committee is to receive adequate information to become intimately involved in all phases of the program. At the time planning begins for the next program year, the following information is to be made available to citizens through open public meetings of the Neighborhood Advisory Committee. 1. The total amount of Community Development funds potentially available to the City. 2. The range of activities that may be undertaken and the activities previously ftmded. 3. The types of activities that are ineligible. 4. The process to be followed in developing and approving the application and the schedule of meetings and hearings. 5. The Cit1zen Participation Plan. 6. A summary o.f other program requirements. Documents relevant to the Community Development Program shall be available upon request, during normal working hours, from the Community Development Department. Copies of the following materials shall be available from the Community Development Department located in the City Hall Annex. 1. All mailings and promotional material. 2. Records of hearings. 3. All key documents, including all prior applications, letters of approval, performance reports, evaluation reports, other reports required by BUD, and the proposed and approved application for the curren t year. -ll- I I 4. Copies of the regulations and issuances governing the program. 5. Explanation of important program requirements, such as con- tracting procedures, environmental policies, fair hous ing and other equal opportunity requirements, relocation provis~ons, and the A-9s review process. The C01lDDtmity Development Department is responsible to see that all necessary public meetings are held by the City and the Neighborhood Advisory Committee in order to provide information and respond to questions concerning the Community Development Program. Minutes or summaries of all meetings are to be recorded and kept as public records. All meetings are to be held at convenient times and at readily accessible locations and convened w:lth adequate notice. Public. Rearin~s and Notice The City Commission shall hold two public hearings prior to the submission of the application: 1. The first w:lll obtain views of citizens at the initial stage of application development on community development and housing needs and priorities, on the latest annual performance report, and to receive their proposals. 2. The second w:lll seek comments on the proposed application prior to adoption of a resolution or similar action by the City Commission authorizing the filing of the application. After ftmding of the gTant progT&m, an additional public hearing or hearings shall be held thirty to sixty days prior to the start of planning for the next program year. This hearing, or hearings, -12- I I will be held in order to review progress and performance of implemen- tation of the program. The CotllD.uuity Development Department is to provide for a public hearing on these matters when a noticeable per- centage of the program is under way. In order to give adequate notice of public hearing: 1. The':City shall, as required by HUD, at least 10 days prior to each public bearing, publish a notice in easily readable type in the nonlegal section of a newspaper of general circulation reaching persons of low and moderate income and in neighborhood newspapers or periodicals serving low and moderate income neighborhoods. In addition, to comply with Florida law, the C:ity shall, :if required and at the determination of the City Attorney, publish add:1tional legal notice. Such notices shall indicate the dates, times, places and procedures of the hearing, the topies to be considered, basic information about the progr.am, and the procedures and timing being followed in the development and approval of the application. 2. The City will, as appropriate, use radio, television, news- papers, and other media to publicize public hearings. When the application and performance reports are submitted to HUD, the City shall publish a notice conforming to the requirements of the public hearing notice that the application has been submitted and is available to interested parties. Information describing the requirements on citizen objection procedures shall also be provided. -13- ,. I I Contin~ency or Local Option Acti vites If the City application for grant funds contains identified con- tigency activities to replace activities disapproved by HUD during its application review. the citizens shall be involved in the selection of such activities as outlined in this plan. The City Commission shall hold a public hearing on the allocation of the contingency or local option funds for any projeCt not previously approved by them. and HUn during the application process. Administrative allocation of contingency funds to cover prQject cost overruns shall not require a Public Hearing unless the budget amendment exceeds 10% of the originally approved budget for that project. -14- I I BY-LAWS OF 'mE CLEARWATER COMMUNITY DEVELOPMENT NEIGHBORHOOD ADVISORY COMMITTEE ARnCLE I - GENERAL Section I - Purpose. This Committee has been organized to provide Citizens an opport- unity to become directly involved in those activities carried out by local government that are directed to improving the physical environment and lifestyle of low to md- erate income people being assisted by Community Development Block Grant Programs. Citizens are hereby provided a means of becoming involved in: a. Assessing Neighborhood needs. b. Formulating Neighborhood goals and objectives. c. Establishing priorities on projects within neighborhoods. d. !bnitoring progralDS. e. Evaluation of programs. Section 2 - ReS'Ponsibilities. Committee Members are, as a minimum, expected to become active in: a. Attending and participating in public hearings. b. Collecting and reviewing condition data. c. Reporting Citizen reactions to projects and programs. d. Reviewing reports on projects and program activities. e. Reviewing goals and objectives and setting priorities which dictate the order in which activities are to be undertaken. f. Reviewing applications for the funding of selected programs. g. Stimulating neighborhood interest in development activities. Section 3 - Technical Assistance. Administrative support to the Committee is provided by the staff of the Clearwater Community Development Department. The staff person having direct responsibility for this fmction is the Community Development Planner II. This individual is available to provide or arrange for any necessary administrative or technical assistance that may be needed by the Committee. ARnCLE II - ORGANIZATION Section I - Membership. The Committee shall be composed of three citizens representing each of the three neighborhood areas outlined below and three persons from the community at large: a. North Greenwood b. South Greenwood and Clearwater Heights area. c. East Clearwater (Wood Valley & Condon Gardens) Section 2 - Elidbility. Each member must be a resident of one of the designated target neighborhoods in the City of Clearwater and be over 18 years of age. Section 3 - Votin~. Each active member shall have one vote on every question before the membership meeting. Voting shall be by voice unless roll call or written ballot is demanded by seven or more voting delegates. I I ARTICLE III - OFFICERS Section I - Qualifications. Each Officer or Executive Committee Member must be a resident of one of the designated target neighborhoods. Section 2 - Officers. The Officers of this Committee shall be a Chairperson, Vice- Chairperson and. Secretary. Election of Officers shall be done by simple majority vote of the current membership, and said elections shall be held every third year. Section 3 - Executive Committee. The Executive Committee shall consist of the Chair- person, the Vice-chairperson, the Secretary, and one member at large appointed by the membership. Section 4 - Powers and Duties of Officers. The powers and duties of the Officers of this Committee shall generally be those that are associated with the title of their office. The Chairperson may appoint s~anding or special Committees as are deemed necessary. Section 5 - Vacancies. A vacancy in the office of Chairperson shall be filled by the succession of the Vice-chairperson, their unexpired terms shall be filled by a simple majority vote by the membership. Section 6 - Membership Vacancy. Should a vacancy occur in the membership it sha1~ be filled in the same manner as an original appointment. ARTI CLE IV - MEETINGS Section I - Schedule. Regular membership meetings shall be held once a month (on the 2nd Monday). Special meetings may be called by the Executive Committee. Section 2 - Notice of Meetings. Notice of meetings of this Committee shall be mailed or delivered to the last known address of each member not less than ten (10) days before such meeting. The Community Development staff will coordinate all scheduled meetings with the Neighborhood Advisory Committee Chairperson. Section 3 - Meeting Location. Meetings shall be scheduled to meet in the neighborhoods represented on a rotating basis. ARTICLE V - AMENDMENTS Section I - Amendments. These by-laws may be repealed or amended during a regular or spedal meeting by a simple majority wte of the eligible membership. -2-