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Citizen Participation Plan

Update Summary May 18, 2020

Note: This is a summary of the changes in the following pages the new updates are highlighted for the ease of the reviewer.

Page 2 Added a paragraph to allow for virtual hearings in the event federal, state or local authorities recommend social distancing

Pages 2 Added language specifically in reference to the COVID-19 funding response with a HUD waiver to provide for a 5 day review/comment period.

Page 4 Added language specifically in reference to the COVID-19 funding response with a HUD waiver to provide for a 5 day review/comment period.

Page 5 Added language specifically in reference to the COVID-19 funding response with a HUD waiver to provide for a 5 day review/comment period.

Page 6-8 Added language for the Citizen Participation requirements in the event of a disaster / emergency

Page 7-8 Added language to the Urgent Needs section and describes activities the city could take to address an event.

Page 8 Administrative Updates – this section was added to allow for grammatical or structural edits  that do not substantially change the scope of meaning along with coding or eligibility determination of a project that does not change scope, location or beneficiaries.

City of Kettering Citizen Participation Plan  

Community Development Block Grant & Home Programs

 

I. Introduction

The overall goal of the Community Development Block Grant Program, the HOME Program and all other funding programs as established by the U.S. Department of Housing and Urban  Development is to develop viable communities by providing decent housing and a suitable living  environment and expanding economic opportunities principally for low- and moderate-income persons.

This Citizen Participation Plan describes how the City of Kettering will involve citizens in the  planning, implementation and assessment of the Community Development Block Grant Program, HOME Investment Partnerships, Section 108 Loan Guarantee Program, and any other grant  program that is included in the Consolidated Plan submission.  This Citizen Participation Plan will  also apply to the Dayton/Kettering Consortium Consolidated Plan that has been developed to  enable the City of Kettering to receive HOME funds.

The Community Development Block Grant Program is intended to assist cities in financing projects that will benefit the low and moderate-income residents and/or assist in the elimination of slum  and blight within the community. The City of Kettering is an entitlement community which enables the City to receive funds annually from the U.S. Department of Housing and Urban Development.

The Community Development Block Grant Program gives ultimate responsibility for the design  and implementation of the program to the elected officials and staff in Kettering. However, the  program requires that the citizens be given an opportunity to serve in an advisory role to the staff and elected officials.

Citizens will be involved in all stages of the Consolidated Plan, including the development of the  Consolidated Plan, program amendments, program implementation and the assessment of the City's performance. The City will encourage the submission of views and proposals, particularly  by low- and moderate-income persons. The City also encourages the participation of residents of public and assisted housing developments.

The City will then provide for timely responses to proposals and comments submitted. There are  four general tools designed to ensure citizen involvement: public notices, public meetings, public  hearings and contact with individual citizens who may have comments, complaints or inquiries.

It is the intent of this Citizen Participation Plan that all citizen participation be conducted in an  open manner with freedom of access for all interested parties. The City will also take appropriate actions to encourage the participation of non-English speaking persons, as well as persons with disabilities.

II. Consolidated Plan Development

  1. Before the jurisdiction adopts a Consolidated Plan, it must provide to citizens, public agencies, and other interested parties information that includes the amount of assistance the  jurisdiction expects to receive (grant funds and program income) and the range of activities that may be undertaken, including the estimated amount that will benefit persons of low- and  moderate- income.
  2. Plan to minimize displacement of persons and to assist any person displaced (Attachment A).
  3. Publish the proposed Consolidated Plan in a manner that affords citizens, public agencies, and other interested parties a reasonable opportunity to examine its content and to submit comments.
  4. Provide for at least one public hearing during the development of the consolidated plan.
  5. Provide a period, not less than 30 days, to receive comments from citizens on the Consolidated Plan.
  6. Consider any comments or views of citizens received in writing, or orally at the public hearings in preparing the final consolidated plan. A summary of all comments shall be attached to the final Consolidated Plan.
  7. If virtual hearings are used, real-time responses and accommodation for persons with disabilities and/or with limited English proficiency will be made available to the greatest extent  possible. Also, the virtual hearing method will only be used in lieu of in-person hearing if national , if local health authorities recommend social distancing and limit public gatherings for public health,  reasons or as an additional option in addition to in person hearings.
  8. For CDBG-CV funding under PY 2019 and, and the Coronavirus Aid, Relief, and Economic Security Act or CARES Act, and/or any additional funding granted in response to COVID-19 health  crisis, the city may provide a 5-day notice/comment period of a substantial amendment beginning  May 19, 2020 as allowed under a HUD waiver. This includes any new activities proposed. This also includes PY 2020 Annual Action Plan and any amendments. A public hearing is not required but  documentation relative to substantial amendment activity planning applies.

III. Citizen Participation

To involve all Kettering citizens in the development and implementation of the Consolidated Plan, the following activities will be carried out during future program years.

A. Public Hearings

Pursuant to Federal regulations, the City of Kettering will hold a minimum of two (2) public hearings during the development of the Consolidated Plan and Annual Action Plan.

1. Identification of Needs

At a minimum, one (1) hearing will be held to obtain views, of the citizens, public agencies and other interested parties on identifying housing and community development needs. The hearing will also discuss proposed activities to address housing and community  development needs. The hearing will also include a review of the performance of the Consolidated Plan and the one-year Action Plan.

In addition, one (1) hearing will be held during the development of the five-year Consolidated Plan and the annual Action Plan. All known housing providers, including the Dayton Metropolitan Housing Authority, will be invited as well as any assisted housing residents, and resident of designated neighborhood revitalization areas, and any other interested parties.

2. Presentation of Proposed Consolidated Plan

One (1) public hearing will be held to obtain comments on the proposed Consolidated Plan. A summary of the proposed Consolidated Plan will be published and at least  thirty (30) calendar days will be allowed for the receipt of comments on that proposed plan. The summary must include the amount of assistance the city expects to receive, and the range of activities that may be undertaken. This summary and a copy of the  proposed Consolidated Plan will then be available at both Kettering libraries. The city will notify Kettering's citizens of the availability of the summary and the copy of the  Consolidated Plan for review through the Kettering-Oakwood Times. All hearings will  be held at times and locations convenient to potential and actual beneficiaries.

The public hearing will also discuss the proposed use of funds. During the public  hearing process, citizens will be able to identify housing and community development needs, propose activities to address problems and assist in the development of the overall Consolidated Plan strategy for Kettering. A summary of these comments and reasons comments were accepted or not accepted will be attached to the final  Consolidation Plan.

3. Notification of Public Hearing

Notification of these hearings will be published in the Dayton Daily News and will be available at the Kettering-Wilmington libraries. All notices about the hearing shall be published, delivered or posted at least fifteen (15) calendar days prior to the date of the public hearing. All hearings will be held at times and locations convenient to potential and actual beneficiaries, with accommodations for non- English speaking persons and persons with disabilities.

Citizens’ proposals for the Consolidated Plan will be accepted at the public hearing or may be submitted, in writing, to the City. All citizen participation oral comments, as well as written comments, will need to be made by the published deadline date for receiving comments.

Anyone who has attended a public meeting or hearing will receive summaries of the proposed plan or any other follow-up material that is available. (For example, an  individual may contact the Planning and Development office to request consideration of a special project or a change in program guidelines that they feel may better meet the needs of the neighborhood.)

Reasonable accommodations will be made to assist persons with special needs to  participate, and all non-English speaking citizens. The City has access to persons who speak a foreign language and who may be called upon to translate for these citizens. The City encourages persons with disabilities to contact the city prior to any meeting  or hearing to arrange for reasonable accommodations. The Ohio Relay Service is the  connecting link for the deaf or hard of hearing population.

For CDBG-CV funding under PY 2019 and, and the Coronavirus Aid, Relief, and Economic  Security Act or CARES Act, and/or any additional funding granted in response to COVID-19  health crisis, the city may provide a 5-day notice/comment period of a substantial  amendment beginning May 19, 2020 as allowed under a HUD waiver. This includes any new activities proposed. A public hearing is not required but documentation relative to substantial amendment activity planning applies. This also includes the 2020 Annual Action Plan.

B. Program Amendments

If, after the Consolidated Plan is submitted, a need to change a planned activity occurs and the planned activity is considered and or substantial changes as defined below, the citizens will be notified and given not less than 30 days to respond. All comments received shall be attached to the substantial amendment of the  Consolidated Plan.

The City of Kettering will be amending the Consolidated Plan whenever the city decides to make changes in its allocation priorities or a change in the method of distribution of funds, to carry out an activity not previously described in the action plan, or to substantially change the purpose, scope, location, or beneficiaries of an activity. The criteria defining substantial changes are as follows:

  1. The amount of funds for a specific project are increased or reduced more than 50  percent, resulting in the increase or reduction of the project's scope or the delay of a project until additional funds become available.
  2. The location of the project is changed to a location that is not immediately adjacent to the original project location first described.
  3. The beneficiaries of an activity change. (An example would be the scope or location of the project changes.  Thus, the residents immediately adjacent would change or the housing rehabilitation loan eligibility criteria would change, affecting who would be  eligible).
  4. For CDBG-CV funding under PY 2019 and, and the Coronavirus Aid, Relief, and Economic Security Act or CARES Act, and/or any additional funding granted in response to COVID- 19 health crisis, the city may provide a 5-day notice/comment period of a substantial  amendment beginning May 19, 2020 as allowed under a HUD waiver. This includes any  new activities proposed. A public hearing is not required but documentation relative to substantial amendment activity planning applies. This also includes the 2020 Action Plan.
C. Technical Assistance

The city staff will provide technical assistance to low and moderate-income groups that  may need assistance in developing proposals for funding or would like information on the programs covered by Consolidated Plan.

Citizens may also be involved in the implementation of projects specifically affecting  themselves. (An example would be a homeowner serving as the owner/contractor on a  housing rehabilitation project). The roles will be defined during the project design, and  technical assistance will be available to the homeowner. However, the success of this type of project will require the homeowner's participation.

IV. Additional Program Review Activities

A. Program Assessment

The assessment of program activities by citizens will be encouraged. Prior to the  submittal of the Consolidated Annual Performance and Evaluation Report (CAPER), the public will be made aware of the completion of the report and the availability for review prior to the submission to HUD. At least fifteen (15) days prior to submission of the annual CAPER, a public notice will be published in the Dayton Daily News. All comments regarding the Consolidation Annual Performance and Evaluation Report will be considered and a summary will be attached to the CAPER.

B. Complaints

Complaints and/or concerns regarding the program should be submitted in writing to the Community Development Manager, City of Kettering, Government Center, 3600 Shroyer Road, Kettering, Ohio, 45429.  The Grant Manager will respond in writing  within fifteen (15) working days, where practicable. If the response is unsatisfactory, the complainant should write directly to the City Manager, City of Kettering  Government Center, 3600 Shroyer Road, Kettering, Ohio, 45429. The City Manager shall respond within fifteen (15) working days, where practicable. If the citizen is still dissatisfied, a written letter may be sent to the HUD Columbus Area Office, 200 North High Street, Columbus, Ohio 43215.

C. Program Files/Access to Records

Files containing program documentation regarding the Consolidated Plan will be  available for review by citizens, public agencies and other interested parties in the Planning and Development Department of the Kettering Government Center during normal business hours.

D. Annual Review

The Citizen Participation Plan will be subject to an annual review and proposed revisions discussed at the first of the two public hearings regarding the City's Consolidated Plan and Annual Action Plan.

V. Activities Exempt from Substantial Amendment Citizen Participation Requirements

  • Disaster / Emergency Events It may be necessary to expedite substantial amendments to the Consolidated Plan in the event of a declared disaster or emergency. There are  three types of disasters/emergency events that may necessitate an expedited  substantial amendment including (1) Man-Made-disasters, (2) Natural disasters, and (3) Terrorism. Man-made disasters can include chemical spills, mass rioting, power outages, dam failure, plant explosions, etc. Natural disasters can include earthquakes, hurricanes, tornadoes, wild fires, flooding and public health issues such as wide-spread disease such as the recent coronavirus disease 2019 (COVID-19). Terrorism events include bomb threats, biochemical attacks like the spread of anthrax, or cyber-attacks like hacking, phishing, and virus distribution, etc.
  • These expedited substantial amendments may include funding new activities and/or the reprogramming of funds including canceling activities to meet needs resulting from a declared disaster or emergency.
  • Therefore, Kettering may utilize CDBG, or HOME funds to meet these needs with a 5- day public comment period instead of a 30-day public comment period, which is  otherwise required for substantial amendments. For CDBG-CV funding under PY 2019  and, and the Coronavirus Aid, Relief, and Economic Security Act or CARES Act, and/or any additional funding granted in response to COVID-19 health crisis, the city may  provide a 5-day notice/comment period of a substantial amendment beginning May 19, 2020 as allowed under a HUD waiver. This includes any new activities proposed. A public hearing is not required but documentation relative to substantial amendment activity planning applies; however, the City will publish how the CDBG-CV funding has  or will be used on the City of Kettering website at www.Ketteringoh.org. With respect  to a declared disaster, the City may elect to use CDBG, HOME, or State of Ohio funds to  address needs not provided for by the Federal Emergency Management Agency (FEMA) and the Small Business Administration (SBA), or other disaster relief efforts.
  • Funding for disaster relief may not duplicate other efforts undertaken by federal, state or local sources unless allowed by the federal government. Potential eligible uses of funds are those that are included in this Citizen Participation Plan, the Consolidated  Plan, or any other CDBG, HOME, or State eligible use. HUD may provide new guidance on eligible uses in which the City will comply with and may utilize as well. All eligible CDBG activities, including those to address declared disasters or emergencies, must  meet one of three national objectives which are: (1) Benefit to low- and moderate- income (LMI) persons; (2) Aid in the prevention of slums or blight; and (3) Meet a need having a particular urgency (referred to urgent need). The City may carryout eligible CDBG activities to meet needs resulting from declared disasters or emergencies under  any one of the three national objectives.
  • The City may reprogram up to 50% of PY 2019 and/or PY 2020 and future CDBG, HOME, and State funding to respond to the COVID-19 pandemic. Funding for activities that  have required in-person interaction including, but not limited to, housing rehabilitation assistance, and a variety of community services may be reprogrammed into activities that allow for social distancing such as grab and go or home-delivered meal services, online programming for a variety of clientele including, but not limited to, youth and  senior citizens, and various business and microenterprise assistance identified below to  respond to or recover from the effects of the COVID-19 pandemic. Please see below for  other possible activities that may be funded. Any other possible eligible activity not included below may also be considered. The City will coordinate with an informal committee of subject matter experts before undertaking any activity to respond to the COVID-19 pandemic.
  • Potential eligible CDBG Activities that may be undertaken to support the COVID-19 response include, but are not limited to:
  • Building and Improvements, including Public Facilities such as constructing testing and diagnosis, or treatment facility; rehabilitation of a community facility to establish an infectious disease treatment clinic; acquisition and rehabilitation, or construction of a group living facility that may be used to centralize patients undergoing treatment;  rehabilitation of a commercial building or closed school building to establish an  infectious disease treatment clinic, e.g. by replacing the HVAC system; acquisition and  rehabilitation of a motel or hotel building to expand the capacity of hospitals to accommodate isolation of patients during recovery; or to make interim improvements  to private properties to enable an individual patient to remain quarantined on a  temporary basis;
  • Assistance to Businesses, including Special Economic Development Activities such as providing grants or loans to support new business expansion to create jobs and manufacture medical supplies necessary to respond to infectious disease; avoid job loss caused by business closures related to social distancing by providing short-term working capital assistance to small businesses to enable retention of jobs held by low-  and moderate income persons; or to provide technical assistance, grants, loans, and other financial assistance to establish, stabilize, and expand microenterprises that provide medical, food delivery, cleaning, and other services to support home health and quarantine;
  • Public Services such as job training to expand the pool of health care workers and technicians that are available to treat a disease within a community; provide testing, diagnosis or other services at a fixed or mobile location; increase the capacity and  availability of targeted health services for infectious disease response within existing  facilities; provide equipment, supplies, and materials necessary to carry out a public  service; deliver meals on wheels to quarantined individuals that need to maintain social distancing due to medical vulnerabilities;
  • Planning, Capacity Building, and Technical Assistance such as gathering data and developing non-project specific emergency infectious disease response plans; and
  • Any other activity allowed under current CDBG regulations.

VI. Administrative Updates

Changes to the Consolidated Plan that do not meet the criteria for standard or substantial amendments and do not require citizen participation are defined as  administrative updates. Examples of administrative updates include grammatical or structural edits that do not substantially change the scope or meaning of activity; and changes in the coding or eligibility determination of a project that does not change the scope, location, or beneficiaries.

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