HomeMy Public PortalAbout2016-05-19 packetNotice of Meeting & Tentative Agenda
City of Jefferson Public Works & Planning Committee
1) Introductions
Thursday, May 19, 2016
7:30a.m .
John G . Christy Municipal Building, 320 East McCarty Street
Boone/Bancroft Room (Upper Level)
TENTATIVE AGENDA
2) Approval of the March 24 and April 18 , 2016 Committee meeting minutes
3) New Business
1. Permissive Use of Right of Way at 718 Sherwood for Artwork (Requestor-Ned Hug) (Britt
Smith)
2 . Regulation of Signs and Planned Update to City Code (Eric Barron , Drew Hilpert)
3. Mosquito Control Plan (Janice McMillan)
4 . MoDOT Request for City to take over Expressview Drive (Matt Morasch)
5. Adopting the McCarty Street Roundabouts from MoDOT for Mowing (Britt Smith)
6 . Transit -Lo -No Emission Grant Report (Mark Mehmert)
7. Pretreatment Ordinance (Eric Seaman)
8. CDBG Policies and Procedures Manual (Jayme Abbott)
9. Food Code Update (Janice McMillan)
10 . Downtown Sidewalk Repair Project (Matt Morasch)
4) Other Topics
1. Water Main Leak Report (Britt Smith)
5) Citizen opportunity to address Council/Staff on Stormwater and Other Public Works Issues
6) Adjourn
NOTES
Indiv iduals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as
required under the Americans with Disabilities Act . Please allow three business days to process the request.
Please ca ll (573) 634 -6410 with questions regarding agenda items .
MINUTES
JEFFERSON CITY
PUBLIC WORKS AND PLANNING COMMITTEE
Boone/Bancroft Room
Committee Members Present:
Glen Costales
Larry Henry
Rick Prather
Bob Scrivner, Chairman
Laura Ward
Staff Present:
John G. Christy Municipal Building
320 East McCarty Street
March 24, 2016
Matt Morasch, PE, Public Works Director
David Bange, City Engineer
Mark Mehmert, Transit Division Director
Britt Smith, Operations Division Director
Janice McMillan, Planning & Protective Services Director
Sonny Sanders, Senior Transportation Planner
Jayme Abbott, Neighborhood Services Coordinator
Drew Hilpert, City Counselor
Steve Crowell, City Administrator
Brenda Wunderlich, Administrative Assistant
Attendance
8 of 9
8 of 9
8 of 9
9 of9
9 of9
Chairman Scrivner called the meeting to order at 7 :30 a .m. A quorum was present at this time .
The following guests were present: Ashley Varner (CRMC), Madeleine Leroux (News Tribune), Pam
Allchorn (Cycle Deport), Gary Tichelkamp (224 Bolivar), Frank Wansing (31 0 Bolivar), Joe Bryan (304
Bolivar & 719 W High), Doug Simms (330 Bolivar), Diane Gillespie (JCCVB), Steve Enloe (2724
Kenwood), Sarah and Brandon Schatsiek (2540 Lexington), Cary Maloney (826 Rt T), Nick Smith
(1912 Chicago Rd), Julie & Steve Shiery (6973 S Shore Dr, Hartsburg), and Karl Staub.
1. Introductions
Introductions were made at this time .
2. Approval of the February 18,2016 Committee meeting minutes
Councilman Costales moved and Councilwoman Ward seconded to approve the February 18,
2016 minutes, motion carried.
3. New Business
1. Amendment of Chapter 29 Sewage and Sewage Disposal (Eric Seaman)
Mr. Morasch explained the proposed language is suggested to be modified to reflect active
bond covenants as they may change as new bonds are obtained.
Councilman Prather moved and Councilman Costales seconded to refer the amendment to the
City Council with recommendation to approve , motion carried .
2. Public Works Capital Improvement Work Plan (David Bange)
Minutes/Jeffe rson City Public Works and Planning Committee
March 24 , 20 16
Mr. Bange explained the CIP work plan which includes major roads and bridges including the
Highway 54, Stadium, and Jefferson Interchange; Old Town Projects ; and the East Capitol
Streetscape design . Also included are sidewalk, storm water and various other projects.
2
3. Bicycle A ccommodations on Bolivar Street (David Bange)
Mr. Bange explained staff requests the committee endorse the recommendation to install
bicycle lanes in the 400-600 blocks of Bolivar Street and advisory bicycle lanes in the 200-300 blocks
of Bolivar as well as the 700 block of West Main Street.
There was discussion among Committee members, staff and those present regarding the
shared lane, safety, public education , connecting Katy Trail and Rock Island Trail, increasing physical
activity, and Wayfinding signage.
Councilman Costales moved and Councilman Henry seconded to support the concept of
bicycle accommodations on Bolivar Street as presented by staff, motion carried .
4. Street Resurfacing Report (Britt Smith)
Mr. Smith distributed the street overlay priority list to the Committee and gave a presentation
of the program.
Councilman Prather moved and Councilman Costales seconded to move forward with the
street resurfacing program as presented by staff, motion carried.
5. Community Development Block Gra nt, Consolidated Annual Performance Report
(Janice McMillan)
Ms . Abbott explained the CDBG annual performance evaluation report to the Committee .
There was discussion among Committee members and staff regarding funds rolling over, help
to maintain low and moderate income homes, and helping sales tax funds go further .
6. Transit (Mark Mehmert)
a. Title VI, LEP and Public Particip ation Plan
b. Student Summer Pass P rog ram
Mr. Mehmert explained the Title VI, LEP and Public Participation Plan. He further explained
the plan for the student summer pass which will be a cross promotion with Parks and Recreation .
4. Other Topics
1. Planning & Protective Services Monthly Reports (Janice McMillan)
2. Water Main Leak Report (Britt Smith)
Ms . McMillan stated she would be emailing Committee members her reports . Chairman
Scrivner referred Committee members to the water main leak report provided in the packet
Minutes/Jefferson City Public Works and Planning Committee
March 24 , 2016
5. Citizen Opportunity to address Council/Staff on Stormwater and Other Public Works
Issues
There was no one present to address the Committee.
6. Adjourn
Councilman Costales moved and Councilman Henry seconded to adjourn the meeting at this
time (9:03a .m .), motion carried.
3
Minutes of Meeting
Jefferson City Public Works & Planning Committee
Monday, April 18, 2016
Immediately following 6:00 PM City Council Meeting
City Hall -320 E. McCarty Street
City Council Chambers
The meeting was convened at 7:54 P.M. by Councilman Larry Henry.
Members of the Committee present:
Present:
Absent:
Costales, Henry, Hussey, Prather, and Ward
None
Councilman Henry opened the floor for nominations of Chairman and Vice-
Chairman.
Chairman -Councilman Costales nominated Councilman Henry as Chairman.
There being no further nominations made, Councilman Henry was elected
unanimously.
Vice-Chairman -Councilwoman Ward nominated Councilman Hussey as Vice-
Chairman. There being no further nominations made, Councilman Hussey was
elected unanimously.
There being no further business brought before the Committee at this time,
Councilman Henry declared the meeting adjourned at 7:55 PM.
APPLICATION FOR PERMISSIVE USE OF CITY PROPERTY ANDIO R1 , · r-!lltol.J;-~:~o .~Nt-
PUBLIC WORKS & PLANNING COMMITTEE . l -
City of Jefferson -Department of Public Works ;,Tt~-APR 1 8 2016
320 East McCa rty Street, Jefferson City, Missouri 65101 ~ .
Phone (573) 634 -6410 Fax (573) 634-6562 •_;BY:
The undersigned hereby request a perm issive use of City property and/or right -of-way adjacent to the
following described real est te · rJ l~ I
This property is currently zonedc----=.:::::.±~-fb;:::;.C--'
Present use of property _____ ~~~~------------------------------------------
(Attach drawing, plan, etc . if applicable)
The undersigned understands that if th is app licat ion is approved by both the Publ ic Works & Plann ing
Committee and the Council , the use is a perm issive use subject to termination by the City at any time,
and the undersigned certify that they own the a ove d scribed property . ~
1
1 j ~
Date : ~-~--• J
Property Owner(s) Signature(s) ___ _j.LlC~IL:...--hL~~\---------------
Printed Name of Property Owner(s) ________________________ __
AddressofPropertyOwne~s) __________________________ ~
Phone Number(s) ______________________________ _
Name of App li cant (if different f rom property ow lilr r~ed Hug 0d·8~· 104 3432 W Truman Blv e.
Address of Applicant Jeffer~on City MO 65109
Phone Number(s) 573~556-6200
Fee for Permissive Use of Right of Way as per Appendix Y of the City Code $133 (June 30 , 2015}
(FOR CITY USE ONLY)
ACTION BY THE PUBLIC WORKS & PLANNING COMMITTEE
[ ] Approved
[ 1 Approved with Conditions
[ 1 Disapproved
Perm <ss ive Use ROW R e v tsed June 30 . 2015
Individuals shoLJid contact til e ADA Coordinator at (573) 63 4-6570 to request accommodations or alt erna tive formats
as required under the America ns with Disab ilities Act. Please allow three business days to process t11 e reqLJest .
z
.,A
CITY OF JEFFERSON, MISSOURI
MOSQUITO CONTROL PLAN
The City of Jefferson will address nuisance and disease vector mosquitoes to
protect public health, through the measures outlined in the following plan. This
plan was formulated to promote mosquito control, and follows an integrated pest
management approach, as recommended by the United States Center for Disease
Control. Similar policies and protocols were adopted by Cole County Health
Department in 2016. The emergence of a new mosquito disease (Zika virus)
entering the United States precipitated development of this plan, similar to the
situation precipitated in 1999 when the West Nile virus was detected.
1. City Departments will use integrated pest management as recommended by
the Center for Disease Control (CDC). Integrated pest management (IPM) is a
science based, commonsense approach for managing populations of disease
vectors and public health pests according to the CDC. IPM uses a variety of pest
management techniques that focus on pest prevention, pest reduction, and
elimination of conditions that lead to pest infestation.
2. The City of Jefferson will work cooperatively between departments to address
mosquito control using integrated pest management techniques. The City will
educate citizens on ways to remove habitat on private properties that provide
breeding habitat for mosquitoes. Education venues include the City of Jefferson
website, printed handouts, public announcements, property maintenance
notices, as well as onsite visits to help educate citizens who may have questions.
Information will be available to citizens on how to protect themselves in the
outdoors by wearing mosquito repellent, wearing long sleeves shirts and pants to
City of Jeffe rson Mo squito Control Plan
prevent bites, and to limit outdoor activity during times mosquitoes are most
active.
Responsible Department: Department of Planning and Protective Services
3. The City of Jefferson will survey breeding sites and treat areas (larvicide) such
as catch basins, impoundments, stagnant pools of water, ditches, or other non-
aquatic areas that hold water for a period of time sufficient for the reproduction
of mosquitoes. Approved larvicide will be placed appropriately in these locations.
Responsible Department: Departmen t of Public Works
4. In the event of a disease outbreak as reported by the Communicable Disease
Office to the Cole County Health Department, the City of Jefferson will apply
mosquito control spray (adulticide) to target specific areas that have been
reported to contain disease vector mosquitoes. Areas generating complaints of
nuisance mosquitoes will not be sprayed on a routine basis; only those areas
where confirmed disease vector is reported will be targeted for spraying.
Departments may use discretion, such as when conditions may warrant spraying,
such as outdoor activities in or near parks and recreation facilities.
Responsible Departments: Department of Public Works; Department of Parks,
Recreation & Forestry
The protection of public health will be achieved by following integrated pest
management and eliminating mosquito habitat, which is the most effective way
of controlling the mosquito population. This approach has added benefits of
reduced costs for mosquito control chemicals and reduced spraying in
neighborhoods in Jefferson City.
For more information, contact the City of Jefferson Environmental Health Division
at 573-634-6410 or visit www.jeffersoncitymo.gov
Individuals shou ld contact the ADA Coordinator at (573) 634-6570 to request accommodations or
alternative formats as required under the Americans with Disabilities Act.
Please allow three business days to process the request.
Last updated April 20 , 2016
Department of Public Works Memorandum
320 East McCarty Street • Jefferson City, Missouri 65101 • P: 573 .634 .6410 • F: 573.634 .6562 • www .jeffcitymo .org
Date: May 16, 2016
To: Public Works and Planning Committee
From: Britt E. Smith, P .E .
Subject: Landscaping of MoDOT Roundabouts near the New Walmart
Staff is requesting direction from the Committee as it relates to the conditions of the
landscaping at the roundabouts near the new Walmart at East McCarty Street and Highway
50/63.
Currently the center of the roundabouts at the ramps from Highway 50/63 and McCarty Street
are receiving little to no maintenance. As part of the construction project for the interchange
mulching and plants were installed in the center of the roundabout. Various community groups
have dedicated a day or two over the years to assist, but as time goes by the condition of the
landscape has deteriorated. As a result numerous complaints have been received by council
and staff about these areas.
As noted on the attached drawing the roundabouts are on MoDOT right-of-way and therefore
their responsibility. However not unlike city crews, their capability to maintain landscape areas
are somewhat limited and generally rely on outside groups to provide for maintenance of this
type of area. To date no community groups have volunteered to take over the maintenance of
these areas although recently staff heard from a group who may be considering adoption of at
least one of the roundabouts.
One option to improving the aesthetics of this area is for city staff to take over from MoDOT the
responsibly to maintain the roundabouts landscape areas and remove the current plantings
and replace them with grass turf. This would be an additional workload to our staff but this
type of maintenance would be within our capability. We do not believe this is the best solution
but the mowed grass turf would be more desirable than the look of the planting areas as they
exist today.
Attachment
U:\Public Works\bwunderlich\PW&P\PW&P 2016\Walmart Roundabout landscaping.docx
Memorandum 2
Subject: Landscaping of MoDOT Roundabouts near the New Walmart
C:\Users\bwunderlich\AppData\Locai\Microsoft\Windows\Temporary Internet Files\Content .Outlook\4PTK9R66\Walmart Roundabout .docx
City of Jefferson
Department of Public Works
320 E. McCarty St.
Jefferson City, MO 65101
..JEF RAN
• connecti ng our community
Carrie Tergin, Mayor
Matthew J. Morasch, PE, Director
Phone: 573-634-6410
Fax: 573-634-6562
Lo-No Emission Grant
On March 29, 2016, the Federal Trans it Administration (FTA) announced a Notice of Funding
Opportunity (NOFO), soliciting of project proposals for the Low or No Emission Program (Low-No)
Program. $55 million of Fiscal Year 2016 funds is available for the purchase or lease of low or no
emission vehicles as well as related equipment or facilities.
Proposals were required to be submitted electronically through Grants.gov website by midnight
Eastern Time on May 13, 2016.
The main purpose of the Low-No Program is to support the transition of the nation's transit fleet to the
lowest-polluting and most energy-efficient transit vehicles. The Low-No Program provides funding to
State and local governmental authorit i es for the purchase or lease of zero-emission and low-emission
transit buses, including acquisition, co nstruction, and leasing of required supporting facilities.
JEFFTRAN is an eligible app l icant is a d i rect recipient of FTA grants under the Section 5307 Urbanized
Area Formula program, States and Ind i an Tribes, and submitted an application which proposed 5 new
30-ft electric buses. The proposed buses would replace 5 13-year old buses which currently have
logged an average of 236,000 miles.
Total
Number Estimated Estimated Estimated Estimated
of buses Cost per bus Cost Federal Share Local Share
5 $ 450,000 $ 2,250,000 $ 1,800,000 $ 450,000
In an earlier round of funding, FTA awarded $55 million in Lo/No funding to 10 transit entities,
including Canton, OH (32 routes) and Lexington, KY (21 routes).
More information can be found in the f ederal register: https://www.gpo.gov/fdsys/pkg/FR-2016-03-
29/pdf/2016-07027. pdf.
Pu bli c W orks CORE -improve the ~ommunity-take Qwnership-deliver fiesults-s mpathize with the customer
Department of Public Works Memorandum
320 E. McCarty Street • Jefferson City, Missouri 65101 • P 573-634-6410 • F 573-634-6562 • www.jeffcitymo.org
Date: May 12, 2016
To: Public Works and Planning Committee
From: Eric Seaman, P.E. Wastewater Division Director
Subject: Proposed Section 29 revisions for industrial pretreatment
Our pretreatment Code is intended to protect the treatment plants and sanitary sewer
collections system from non-domestic and toxic discharges that are harmful to the
public and environment. The attached revisions reflect:
• Updating language in response to the federal pretreatment requirements that
were revised in 2012.
• A local limits study conducted by Barr Engineering that identifies the levels of
non-domestic pollutants our biological treatment processes and sewer collections
system can handle.
• An inspection by Missouri DNR in 2015 and Letter of Warning requiring changes
and updated protocols.
• Updated and clarified language from an environmental attorney to make our
Code easier to explain and enforce.
Missouri DNR will public notice this Code revision for 30 calendar days, so we propose
a first reading at the Council June 20 with a final vote July 5, 2016 to comply with
MDNR's schedule.
Attachments:
Draft Bill and Summary
Public W orks CORE -improve the 9_ommunity-take Q wnership-deliver R esults-_!;mpathize with the customer
BILL SUMMARY
BILL NO: 2016-Draft
SPONSOR: Councilman Henry
SUBJECT: Amending Code Pertaining to Pretreatment of Waste Water
DATE INTRODUCED: June 20, 2016
Summary: If approved this item would amend Chapter 29 of the City Code to better
reflect federal rules and adopt local limits to protect the wastewater treatment plants and
the Missouri River.
Background Information: The City is delegated as a pretreatment authority to enforce
clean water laws for dischargers to the City sewer system. The federal law was
amended in 2012. The City also received a Letter of Warning by MDNR for the
pretreatment program in 2015 for paperwork and tracking issues.
The local limits are revised by a study conducted by BARR Engineering and the
ordinance has been reviewed for environmental law compliance by Newman, Comley
and Ruth, P.C.
Fisca l Information: No impact
Origin of Request: City Staff
Department Responsible: Public Works
Person Responsible: MATTHEW J. MORASCH, P.E., Eric Seaman, P.E.
Staff Recommendation: Approval
BILL N 0 ·---=2-=-0 ...;...;16::;_-~?
SPONSORED BY COUNCILMAN -----=H'--'-e=n.:..:....rv,___ ___ _
ORDINANCE NO. _______________ _
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF THE CITY OF
JEFFERSON, MISSOURI, PERTAINING TO SEWERS AND SEWAGE DISPOSAL.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Chapter 29 (Sewage and Sewage Disposal) Sec. 29-1 (Definitions),
of the Code of the City of Jefferson, Missouri, is amended as follows:
Best Management Practices (BM Ps). Management and operational procedures that are intended to
prevent pollutants from entering a facility's wastestream or reaching a discharge point. BMPs
include-I:He-Htfles but -i-s-are not limited to;-schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the general prohibitions listed in sections Article
Ill 140 CFR 403.5(a){I.-) and (b)l . .-
Categorical Pretreatment Standard or Categorical Standa rd. Any regulation containing pollutant
discharge limits promulgated .!!Y EPA in accordance with sections 307(b) and .(9 of the Act ill U .S.C. section
1327) that !I!J!!y to .!! specific category of Users and that~ in 40 CFR Chapter 1 Subchapter~ Parts
405-471.
Instantaneous Limit. The maximum concentration of.!! pollutant allowed to be discharged at .!!!!.Y
time, determined from the analysis of any discrete or composited sample collected, independent of the
industrial flow rate, and the duration of the sampling event.
Nationa l Categorical Pretreatment Standard or Pretreatment Standard. Any regulation containing pollutant
discharge limits promulgated by the EPA in accordance with section 307 (b) and (c) of the Act, which app li es to
Industrial Users. This term includes prohibitive di sc harge li m its estab li shed pursuant to 403.5.
Plant Manager. The person designated .!!Y the City to supervise the operation of the publicly owned
treatment works and who~ charged with certain duties and responsibilities .!!Y this article, or his or her duly
authorized representative.
Significant Non--Ge-mpliant Industrial UserCompliance. Applies to all significant industrial users (or
any other industrial user that violates C, D, or H hereoO and sha ll mean:A-H-i-Heustria l user that meets one or
more of the following criteria:
A. vio lations of wastewater discharge limi ts, defined here as those in wh ic h sixty -six percent or more of a ll of
the measurements take n during a six-month per iod exceed, by any magnitude, the dai ly maximum limit or
the average limit for the same pollutant parameter numeric pretreatment standard or requirement,
including instantaneous limits, as defined in Article Ill;
B. Violations in whi ch thirty-three percent or more of a ll of the measurements for each pollutant parameter
Editor's note : De leted langu age show n titw.;_ Added language shown thus.
13 ill 2015-127 -Page I
taken during a six-month period equal or exceed the product of pretreatment standard or requirement
including instantaneous limits, as defined by Article lllthe daily maximum limit or the average limit
multiplied by 1.4 for BOD, TSS, fats , oil and grease, and 1.2 for all other pollutants except pH;
C. Any other violation of a pretreatment standard or requirement as defined by Article Ill (daily
maximum, long-term average, instantaneous limit, or narrative standard)pretreatment effluent limit,
(daily maximum or longe r term average) that the Control Authority Director of Public Works determines
has caused, alone or in combination with other discharges, interference or pass through , including
endangering the health ofPOTW personnel or the general public;
D. Any discharge of a pollutant that has caused imminent endangerment to human health , welfare or to the
environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a
discharge;
E. Failure to meet, within 90 days after the schedule date , a compliance schedule milestone contained in a
local control mechanism or enforcement order for starting construction, completing construction , or
attaining final compliance;
I F. Failure to provide, within ~45 days after the due date, required reports such as baseline monitoring
reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with
compliance schedules;
G. Failure to accurately report noncompliance;
H. Any other violation, which may include a violation of BMPs, or group of violations which the GeJ:i.tffll
At!tfl.erityDirector of Public Works determines will adversely affect the operation or implementation of
the local pretreatment program .
(Ord. 13198, §3, 5-21-2001)
Slug Discharge. Any discharge of water or wastewater which in concentration of any given constituent or
in quantity of flow has a reasonable potential to causes interference with the operation and performance of the
POTW or pass through or an any other way violates the POTW's regulations, local limits or permit conditions .
Superintendent The person designated by the City to supervise the operation of the publicly owned
treatment works and who is charged v1ith certain duties and responsibilities by this article, or his or her duly
authorized representative .
Waters of the state All streams, lakes , ponds, marshes , water courses, waterways, w-e·l·ls, springs, reservoirs,
aquifers-;-~nigation-sys-tems,-drainage-systems--and all other bodies or accumulations of water-surface water or
underground,-natural-or-arti.f.ieial;·-public or private, which are contained within, flow through , or border upon the
state or any portion thereof.
Section 2. Chapter 29 (Sewage and Sewage Disposal) Sec. 29-10 (Violations) is
amended as follows:
Sec. 29-10. Violations.
A. When the Director of Public Works finds any person in violations of this chapter or any requirements of a
permit issued hereunder, he or she may post a notice upon the property where the violation exists to abate
or correct the violation, stating in such notice the time in which the same is to be done and shall also direct
a copy of such notice, by certified mail , to the last address of the violator known to the Director of Public
Works.
Ed itor 's note: Deleted language s hown titus. Added lang uage s hown thus
Bill2015-127 -Page 2
B. If the Director of Public Works finds that an emergency exists, he or she may immediately cause the
violations to be abated or corrected.
C. When the Director of Public Works shall have caused any violation to be abated or corrected pursuant to
this article, he or she shall certifY the costs thereof to the director of finance, and the owner of the property
on which such violation was abated or corrected shall be civilly liable to the city for the costs of such
abatement or correction.
D. Any person who continues to violate any discharge provisions of this chapter beyond the time limit
provided in paragraph a above, may be penalized in accordance with Article IV of this Chapter or may be
subject to such punishment and disconnection from the city POTW.
E. The Director of Public Works shall at least annually publish in a newspaper of general circulation that
provides meaningful public notice within the jurisdictions served by the POTWthe largest local daily
newspaper a list of the users who, during the previous twelve (12) months, were in significant
noncompliance with applicable pretreatment standards. (See Sec . 29 -1 for the definition of Significant Non-
Compliant Compliancelndustrial User).
(Ord. No. 9979, § 2(32-2.1(d), (e), (k)), 6-6-83; Ord . 13198, §5, 5-21-2001; Ord . No. 13301, 11-5-2001)
Section 3. Chapter 29 (Sewage and Sewage Disposal) Sec. 29-96 (Specific
Pollutant Limitations) is amended as follows:
Sec. 29-96. Specific pollutant limitations.
A . The Biochemical Oxygen Demand (BOD) and the Total Suspended Solids discharged to the City's POTW
shall not exceed 450 mg/1. Any discharges(s) in excess of the limit shall enter into an agreement with the
City for an exception and/or implementation of an approved pretreatment program.
B. No person shall discharge or cause to be discharged wastewater to the POTW containing concentrations in
excess of the limitations as set forth for the following substances:
Daily
Maximum
Pollutant im.gffi_
Arsenic 0 .10
Cadmium 0 .50
Chromium ~ 5.0
Copper 5 .00
Lead ~ LQ
Mercury 0 .10
Nickel 4.00
Zinc 5.00
Cyanide 1.30
Phenols 0.50
Iron 1.00
Manganese 1.00
Molybdenum 1.00
Selenium 0.50
Silver 0.50
Benzene 0.05
BTEX 0.75
Surfactant (M BAS) 100
Editor's note: Deleted language shown #ttts. Added language shown thus.
Bill2015-127 -Page 3
Oil and Grease 100
(Ord. No. 9979, § 2(32 -46 .3), 6 -6-83 ; Ord. No. 10444 , §I, 7-1-85; Ord. 10957, § 2, 11-17-87; Ord. 13198 , §9, 5-21-
2001; Ord . 14288, §1, 12-3-2007)
Section 4. Chapter 29 (Sewage and Sewage Disposal) Sec. 29-98 (Special
agreements) is amended as follows:
Sec. 29-98. Special agreements.
Nothing in this chapter shall be construed as preventing any special agreement or arrangement between the
city and any user of the POTV/ whereby 'Nastewater of unusual strength or character is accepted into the system and
specially treated subject to any payments or user charges as may be applicable; provided, however, that under no
circumstances will a wastewater containing priority pollutants in excess of federal, state, or local standards be
allowed to be discharged into the PQTW,
(Ord. No. 9979, § 2(32-46.5), 6-6-83; Ord. No. 10444 , § 4, 7-1-85)
The Director of Public Works may enter into special agreements or arrangements with a user to accept
wastewater or storm water into the District's system at other than the usual discharge points or to accept
wastewater or storm water of unusual strength or character for special treatment, subject to any special
discharge conditions or payments or user charges as may be applicable.
Section 5. Chapter 29 (Sewage and Sewage Disposal) Sec. 29-101
(Accidental/Slug discharges) is amended as follows:
Sec. 29-101. Accidental/Slug discharges.
A . Each user shall provide protection from accidenta l or slug discharge of restricted materials or other
substances regulated by this chapter. Fac ili ties to prevent accidental or slug discharge of restricted
materials shall be provided and maintained at the owner or user's own cost and expense. Detailed plans
showing facilities and operating procedures to provide this protection sha ll be submitted to the Director of
Public Works for review and shal l be approved by the Director of Publ ic Works before the construction of
the facility. All existing users shall complete such a p lan as required by permit. No user who commences
contribution to the POTW after the effective date of this chapter shal l be permitted to introduce pollutants
into the POTW until acc id ental or slug-discharge plans and procedures have been approved by the
Director of Pub li c Works. All users who contribute to the POTW before the effective date of this
chapter shall have accidental or slug discharge plans and procedures approved by the Director of
Public Works at the request of the Director of Public Works. Review and approval of such plans and
operating procedures shall not relieve the user from the responsibility to modify the user's facility as
necessary to meet the requirements of this Art ic le . In the case of an acc id ental or s lug discharge , all
categorical and non-categorical Industrial Users shall notify the wastewater treatment plant immediately of
all discharges that cou ld violate the standards and prohibitions inc lud ed in Sections 29-95 , 29-96 and 29 -97
of the City Code. The notification shall include location of discharge, type of waste concentration and
volume, and corrective action. (Ord. 13198, §I 0 , 5-2 1-200 I; Ord. No . 1330 I, 11-5-200 I). Accidental or
slug discharge plans shall include, at a minimum, a description of discharge practices, including
nonroutine batch discharges; a description of stored chemicals; the procedures for immediately
notifying the Director of Public Works of any accidental or slug discharge; and procedures to
prevent adverse impact from any accidental or slug discharge
B. Within five (5) days following an accidenta l or slug discharge the user shall submit to the Director of
Public Works a detailed written report describing the cause of the discharge and the measure to be taken by
Editor 's note: Deleted language shown tlms. Added language s hown thus
Bil l 2015 -1 27 -Page 4
the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense,
loss, damage, or other liability which may be incurred as a result of damage to the POTW, fish kills, or any
other damage to person or prope1ty , nor shall such notification relieve the user of any fines, civil penalties,
or other liability which may be imposed by this chapter or other applicable law.
C. A notice shall be permanently posted on the user's premises advising employees whom to call in the event
of a dangerous discharge described in Section A . The employee shall insure that all employees who may
cause, or allow such a dangerous discharge to occur, are advised of the emergency notification procedure.
D. Users shall provide and maintain a slu g c ontrol plan ifreftt!eS{ed by the City:-
E. D. -In the case of any change in production or operation that may affect accidental or slug discharges
or of any discharge, including, but not limited to, accidental discharges, discharges of a nonroutine,
episodic nature, a noncustomary batch discharge, a slug discharge or slug load, that might cause
potential problems for the POTW, the user shall immediately telephone and notify Director of Public
Works of the incident. This notification shall include the location of the discharge, type of waste,
concentration and volume, if known, and corrective actions taken by the User. Users shall notify
wastewater treatment plant immediately if any change in production or operation may cause accidental or
slug discharges .
(Ord. No. 9979, § 2(32-46 .8), 6-6-83 ; Ord. No. 13301, 11-5-2001)
Section 6. Chapter 29 (Sewage and Sewage Disposal) Sec. 29-101.4
(Wastewater Contribution Permits) is amended as follows:
Sec. 29-101.4. Wastewater contribution permits.
A. When required by the Director of Public Works, users proposing to connect or contribute to the POTW of
the city shall obtain a wastewater contribution permit before connecting or contributing to the POTW. All
existing users, so designated by the Director of Public Works shall obtain a wastewater contribution permit
in accordance with this chapter.
B. Users required to obtain a wastewater contribution permit shall complete and file with the city , an
application in the form prescribed by the City and accompanied by the required fee. Existing users , so
designated by the Director of Public Works, shall apply for a wastewater contribution permit on or before
December 5 , 1983. In support of and with the application, the user shall submit in units and terms
appropriate for evaluation, the following:
I. Name, address , and location (if different from the address) of the users.
2 . SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget.
3 . Wastewater constituents and characteristics including, but not limited to those mentioned in
section 29-96 of this Code as determined by a reliable analytical laboratory; sampling and analysis
shall be performed in accordance with procedures established by the EPA pursuant to section
304(g) of the Act and contained in 40 CFR, Part 136, as amended.
4. Time and duration of contribution.
5. Average daily and 3 minute peak wastewater flow rates , including daily, monthly and seasonal
variations, if any.
6. Site plans , floor plans, mechanical and plumbing plans and details to show all sewers, sewer
connections, and appurtenances by the size, location, and elevation.
Editor's note: Deleted language shown tffits. Added language s hown thus.
Bill2015-127 -Page 5
7. Description of activities, facilities and plant processes on the premises including all materials
which are or could be discharged to the POTW.
8. Where known, the nature and concentration of any pollutants in the discharge which are limited by
any city, state, or federal pretreatment standards, and a statement regarding whether or not the
pretreatment standards are being met on a consistent basis, and if not, whether additional operation
and maintenance and/or additional pretreatment is required for the user to meet pretreatment
standards.
9. Each product produced by type, amount, processes and rate of production including daily, monthly
and seasonal variations if any.
10. Type and amount of raw materials processed (average and maximum per day).
11. Number and type of employees and hours of operation of plant and proposed or actual hours of
operation of pretreatment system.
12 . Such additional information as is deemed applicable to evaluate the permit application and the
Director of Public Works may allow additional time in which to submit the additional information.
13. Emergency plans, and accidental/slug discharge control plans.
14. BMPs if requested by the City.
C. Within 9 months after the promulgation of a categorical pretreatment standard, the wastewater discharge
permit of users affected by the standard , shall be revised to require compliance with the standard . When a
user is required to apply for a wastewater contribution permit for the first time because of a new categorical
pretreatment standard , the user shall apply for the permit within 180 days after the promulgation of the new
standard .
D. Wastewater contribution permits shall be issued for a period of three (3) years. A permit may be issued for
a period less than a year or may be stated to expire on a specific date. The user shall apply for reissuance of
the permit not more than ninety (90) days and not less than sixty tffifly (.Q.Qltw1 days prior to expiration of
the current permit. The terms and conditions of the permit may be modified by the Director of Public
Works during the term of the permit. The user shall be informed of any proposed changes in the permit at
least thirty (30) days prior to the effective date of change .
E. Wastewater contribution permits are issued to a specific user for a specific operation . A wastewater
contribution permit shall not be reassigned or transferred or sold to a new owner, new user, different
premises, or a new or changed operation without the approval of the Director of Public Works.
(Ord . No . 9979, § 2(32-48.1 , 32-48.2,32-48.5-32-48.7, 6-6-83; Ord. No. 13301, 11-5-2001)
Section 7. Chapter 29 (Sewage and Sewage Disposal) Sec. 29-102 (Reporting
Requirements) is amended as follows:
Sec. 29-102. Reporting requirements.
A. Baseline Report. Within 180 days after the effective date of a categorical Pretreatment Standard, or 180
days after the final administrative decision make upon a category determination submission under 40 CFR ,
403.6(a)(4), whichever is later, existing Industrial users subject to such categorical Pretreatment Standards
and currently discharging to or scheduled to discharge to a POTW shall be required to submit to the Public
Works Director a report which contains the information listed in paragraphs (b)(l)-(7) in 40 CFR 403 .12.
At least 90 days prior to commencement of discharge, New Sources, and sources that become Industrial
Users subsequent to the promulgation of an applicable categorical Standard, shall be required to submit to
the Public Works Director a report which contains information such as listed in paragraphs (b )(I )-(5) of 40
CFR 403.12. New Sources shall also be required to include in this report information on the method of
Editor's note: Deleted language shown tflt!s . Add ed language shown thus
Bill2015-127 -Pa ge 6
pretreatment th e source intends to use to meet applicable pretreatment standards.
B. 90-Day Compliance Report. Within ninety (90) days following the date for final compliance with
applicable pretreatment standards or, in the case of a new source following commencement of the
introduction of wastewater into the POTW, any user subject to pretreatment standards and requirements
shall submit to the Director of Public Works a report indicating the nature and concentration of all
pollutants in the discharge from the regulated process which are limited by pretreatment standards and
requirements and the average and maximum daily flow for these process units in the user facility which are
limited by such pretreatment standards or requirements. The report shall state whether the applicable
pretreatment standards and requirements are being met on a consistent basis and if not, what additional
operation and maintenance and /or pretreatment is necessary to bring the user into compliance with the
applicable pretreatment standards or requirements. This statement shall be signed by an authorized
representative ofthe user.
I C. Periodic Reports on Continued Compliance. Any user s ubject to a pretreatment standard after the
compliance date of such Pretreatment Standard, or, in the case of a new source, after commencement of the
discharge into the POTW, shall submit to the Director of Public Works during the months of June and
December unless required more frequently in the pretreatment standard or by the Director of Public Works ,
a report indicating the nature and concentration of pollutants in the effluent which are limited by such
pretreatment standards. In addition, this report shall include a record of all daily flows which during the
reporting period exceeded the average daily flow rep01ied in the permit application and compliance with
Best Management Practices. At the discretion of the Director of Public Works and in consideration of
such factors as high or low flow rates , holiday s, budget cyc les, etc., the Director of Public Works may
agree to alter the months during which the above rep01is are to be s ubmitted.
D. The City may authorize an industrial user subject to a categorical pretreatment standard to forego
sampling of a pollutant regulated by a categorical pretreatment standard if the industrial user has
demonstrated through sampling and other technical factors that the pollutant is neither present nor
expected to be present in the discharge, or is present only at bacl<ground levels from intake water
and without any increase in the pollutant due to activities of the industrial user. !see 40 CFR
403.12(e)(2)] This authorization is subject to the following conditions:
1. The waiver may be authorized where a pollutant is determined to be present solely due to
sanitary wastewater discharged from the facility provided that the sanitary wastewater is
not regulated by an applicable categorical standard and otherwise includes no process
wastewater.
2. The monitoring waiver is valid only for the duration of the effective period of the individual
wastewater discharge permit, but in no case longer than 5 years. The user must submit a
new request for the waiver before the waiver can be granted for each subsequent individual
wastewater discharge permit.
3. In maldng a demonstration that a pollutant is not present, the Industrial User must provide
data from at least one sampling of the facility's process wastewater prior to any treatment
present at the facility that is representative of all wastewater from all processes.
4. The request for a monitoring waiver must be signed by an authorized representative of
industrial user, and include the certification statement in Section D. I hereof (40 CFR
403.6(a)(2)(ii)).
5. Non-detectable sample results may be used only as a demonstration that a pollutant is not
present if the EPA approved method from 40 CFR Part 136 with the lowest minimum
detection level for that pollutant was used in the analysis.
6. Any grant of the monitoring waiver by the Director of Public Works must be included as a
condition in the user's permit. The reasons s upporting the waiver and any information
submitted by the User in its request for the waiver must be maintained by the Director of
Editor 's note: Deleted langu age shown tffits . Added langu age shown thus.
Bill2015-127 -Page 7
I !*F.
I E-:C.
Public Worl•s for 3 years after expiration of the waiver.
7. Upon approval of the monitoring waiver and revision of the User's permit by the Director of
Public Works, the industrial user must certify on each report with the statement below, that
there has been no increase in the pollutant in its wastestream due to activities of the
industrial user:
"Based on my inquiry of the person or persons directly responsible for managing
compliance with the pretreatment standard for 40 CFR [specify applicable
National Pretreatment Standard part(s)l, I certify that, to the best of my knowledge
and belief, there has been no increase in the level of [list pollutant(s)l in the
wastewaters due to the activities at the facility since filing of the last periodic report
under Section 29-02.C."
8. In the event that a waived pollutant is found to be present or is expected to be present
because of changes that occur in the user's operations, the user must immediately: Comply
with the monitoring requirements of Section 6.4 A, or other more frequent monitoring
requirements imposed by the Director of Public Works, and notify the Director of Public
Works.
9. This provision does not supersede certification processes and requirements established in
categorical pretreatment standards, except as otherwise specified in the categorical
pretreatment standard.
G-: The Director of Public Works may establish mass limitations. In such cases the report required by
subsection (b) shall indicate the mass of pollutants regulated by pretreatment standards in the effluent of the
user. The report shall contain the results of sampling and analysis of the discharge including the flow,
nature and concentration, or production a nd mass where requested by the Director of Public Works, of
pollutants contained therein which are limited by the applicable pretreatment standards. Sampling shall be
performed in accordance with the techniques approved by the approval authority.
E-: If sampling p erfo rmed by an Indu stria l User indicates a violation, the user shall notify the Director of
Public Works within 24 hours of becoming aware of the violation. The user shall also report the sampling
and analysis and submit the results of the repeat analysis to the Public Works Director within 30 days after
becoming aware of the violation, except the industrial user is not required to resample if:
I . The City performs sampling at the Industrial User at a frequency of at least once per month , or
2. The City performs sampling at the User between the time when the User performs its initial
sampling and the time when the User receives the results of this sampling.
f.: Hazardous Waste Discharge Notification. The industri a l user shall notify the POTW, the EPA Regional
Waste Management Division Director, a nd the State of Missouri hazardous waste authorities in writing of
any discharge into the POTW of a substance, which if otherwise disposed of, would be a hazardous waste
under 40 CFR part 261. Such notification must include the name of the hazardous waste as set forth in 40
CFR part 261 , the EPA hazardous waste number and the type of discharge (continuous, batch or other). If
the Industrial User discharges more than 100 kilograms of such waste per calendar month to the POTW ,
the notification shall also contain the following inform ation to the extent such information is known and
readily available to the Industrial User: an identification of the hazardous constituents contained in the
wastes, an estimation of the mass and concentration of such constituents in the wastestream discharged
during that calendar month, and an estimation of the mass of constituents in the wastestream expected to be
discharged dw·ing the following twelve months. Any notification under this paragraph need be submitted
only once for each hazardous waste discharged. The notificatio n requirement in this section does not apply
to pollutants already reported under the se lf-monitoring requirements in paragraphs A, B , and C of this
section.
F-:-H . G-o Notification of Changed Discharge. All Industrial Users shall promptly notify the POTW in advance of
any substantial change in the volume or character of pollutants in their discharge , including the listed or
Editor's note: Deleted lan g uage s hown tlttls. Added lan g uage s hown thus
Bi ll 2015-127 -Pa ge 8
characteristic hazardous wastes for which the Industrial User has submitted initial notification under
paragraph F ofthis section.
H-: Signatory requirements for reports. All applications, reports, or information submitted to the City of
Jefferson must contain the following certification statement:
"I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is , to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations."
This statement must be signed by the principal executive officer or director having responsibility for the
overall operation of the discharging facility. A duly authorized representative may be designated to sign if
approved in writing by the principal executive offic e r or director.
J. If an Industrial User subject to the reporting requirement in paragraph (C) or of this section or a non-
identified significant user otherwise required to monitor discharge monitors any regulated pollutant
at the appropriate sampling location more frequently than required by the Control Authority, using
the procedures prescribed in paragraph (g)(S) of this section, the results of this monitoring shall be
included in the report.
K. The City holds the right to enter the premise of the permittee to inspect, sample, examine and copy
monitoring records.
(Ord. No. 9979, § 2(32-48 .8, 32-48.9), 6-6-83; Ord. 13198 , § 16 , 5-21-200 I; Ord. No. 1330 I , 11-5-200 I)
Section 8. Chapter 29 (Sewage and Sewage Disposal) Sec. 29-1 08 (Notice of
Violation) is amended as follows:
Sec. 29-108. Notification of Violation
Whenever the City finds that any User has violated or is violating this Chapter, wastewater contribution
permit, or any prohibition, limitation of requirements contained herein , the City may serve upon such person a
written notice stating the nature of the violation . Within I 0 days of the date of the notice, a plan for the satisfactory
correction thereof shall be submitted to the City by the User. Submission of this plan in no way relieves the user of
liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this Section shall
limit the authority of the City to take any action, including emergency action or any other enforcement
action, without first issuing a Notice of Violation.
Section 9. Chapter 29 (Sewage and Sewage Disposal) Sec. 29-113
(Administrative Fines) is amended as follows:
Sec. 29-113. Administrative Fines
Notwithstanding any other article of this Chapter, any user who is found to have violated any provision of
this Chapter, or permits and orders issued hereunder, shall be fined in an amount not to exceed ooe-five thousand
dollars ($5000.00) per violation . Each day on which noncompliance shall occur or continue shall be deemed a
separate and distinct violation. Such assessment may be added to the user's next scheduled sewer service charge and
the Public Works Director shall have such other collection remedies as he /she has to collect other service charges.
Editor's note: Deleted language shown tlllis. Added langu age s hown thus.
Bill2015-127 -Pa ge 9
Unpaid charges, fines , and penalties shall constitute a lien against the individual user 's property. Industrial users
desiring to dispute such fines must file a requ est for the Public Works Director to reconsider the fine within I 0 days
of being notified of the fine. Where the Public Works Director believes a request has merit, he /she shall convene a
hearing on the matter within 15 days of receiving the requ e st from the industrial user. (Ord . No . 1330 l , 11-5-200 I)
Section 10. This Ordinance shall be in full force and effect from and after the
date of its passage and approval.
Passed: -----------------------------Approved: __________ _
Presiding Officer Mayor Carrie Tergin
ATTEST: APPROVED AS TO FORM:
\ City Clerk City Counselor
Editor's note: Del eted lan g uage s ho wn tlms. Add ed language shown thus
Biii201 5-1 2 7 -Page 10
DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES
TO:
THROUGH:
FROM:
DATE:
RE:
MEMORANDUM
Public Works and Planning Committee
] anice McMillan, Director of Planning and Protective Services
Jayme Abbott, Neighborhood Services Coordinator
May 12,2016
CDBG 2016 Policies and Procedures Manual Amendment
Through RS2015-28 the city adopted the policies and procedures for the administration of the
Community Development Block Grant (CDBG) program, as referenced in Article IV, Chapter 25 of
the City Code. Staff have identified areas to be amended to meet the needs of the community and the
clients that the program benefits, as follows :
• Homeowner Support Program -Combine the Code Deficiency and Energy Efficiency into a
single program. Currently, within the Homeowner Support Program, applicants must choose
between participating in Code Deficiency or Energy Efficiency programs. Applicants are not able to
participate in both programs at once which may hinder meeting their immediate needs. Combining
these two areas into a single program will allow applicants to correct a wider array of problems
within their homes. Program assistance will remain at $5,000 per household with a lien filed for the
amount of assistance. The Deed ofTrust is forgiven after 5 years if the owner continues to live in the
property as owner occupied. Homeowner(s) would continue to identify the most pressing needs with
verification from the Housing Inspector. Items that were normally assisted with the Energy
Efficiency Program will go on a "Estimated Useful Life" determination based on industry standards
such as windows having a 30 year useful life, HV AC systems a 20 year useful life, etc. See Chapter 2,
page39.
• Demolition Program -The US Department of Housing and Urban Development has
regulations capping slum and blight (demolition) funding at 20% of the City's annual allocation.
The program has had a great response from the public at large. The proposed amendment targets
demolition funding to assist not-for-profit agencies with intentions of re-constructing single family
residential house(s), unless located within flood hazard areas. Narrowing the availability of these
funds would ensure the national objective of assisting low-to-moderate income residents is met, and
would eliminate the need for ongoing monitoring. See Chapter 3, page 52.
RESOLUTION SUMMARY
RESOLUTION NO: 2016-
SPONSOR: Councilman Henry
SUBJECT: Adopting Amended Policies and Procedures for the 2016 Community
Development Block Grant Program
DATE INTRODUCED: June 6, 2016
DEPARTMENT DIRECTOR(S): ________________ _
CITY ADMINISTRATOR: __________________ _
Staff Recommendation: Approve .
Summary: This resolution amends the 2016 Policies and Procedures Manual for the
Community Development Block Grant (CDBG) program, as referenced in Article IV,
Chapter 25 of the City Code . The 2016 procedures manual was adopted by RS 2015-28 .
Origin of Request: Department of Planning and Protective Services I
Redevelopment and Grants Division
Department Responsible: Department of Planning & Protective Services
Person Responsible: Janice McMillan I Jayme Abbott
Background Information: The City of Jefferson became a designated recipient of the
Entitlement CDBG program in 2004 . The City receives an annual grant from the U.S.
Department of Housing and Urban Development (DHUD) that is allocated according to a
five-year consolidated plan and annual action plan. The CDBG program is administered
in accordance with federal regulations contained in Title 24 CFR Part 570, and while the
Policy and Procedure Manual is not a replacement for applicable federal law, it does
provide a format to inform clients and guide staff on proper administrative procedures .
Currently , within the Homeowner Support Program, applicants choose between
participating in a Code Deficiency or Energy Efficiency program for up to $5,000 grant
assistance . The City files a lien in the form of a Deed of Trust on the property that is
forgiven after 5 years if the owner continues to live in the property as owner occupied.
The adopted policies do not permit applicants participation in both programs at the same
time, which may hinder meeting their immediate needs.
In the proposed amendment affecting the Homeowner Support Program, amendment,
applicants would be able to correct any code deficiency and/or improve energy efficiency
within their homes . The program assistance will remain at $5,000 per household with a
lien filed for the amount of assistance . Homeowner(s) would continue to identify the
most pressing needs with verification from the Housing Inspector. Items that were
normally assisted with the Energy Efficiency Program will go on a "Estimated Useful Life "
determination based on industry standards such as windows having a 30 year useful life ,
HVAC systems a 20 year useful life, etc.
In the area of Removal of Slum and Blight (demolition), DHUD has regulations in place
regarding slum and blight (demolition) funding being capped at 20% of annual allocation.
The program has had a great response from the public at large . The proposed
amendment updates this section to allow demolition funding to assist non-for-profit
agencies with intentions of re-construction of single family residential house(s) on the
lots provided demolition assistance , and removal of structures from flood-prone areas .
Narrowing the availability of demolition funding ensures that the national objective of
assisting low-to-moderate income residents would be met more directly .
Fiscal Information: No fiscal impact.
RESOLUTION
RS 2016-_
Sponsored by Councilman Henry
A RESOLUTION OF THE CITY OF JEFFERSON, MISSOURI
ADOPTING AMENDED POLICIES AND PROCEDURES FOR THE
2016 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, the City of Jefferson is designated an Entitlement Community for the
HUD Community Development Block Grant (CDBG) Program, the
administration of which is governed by federal regulations found in
Title 24 CFR Part 570; and
WHEREAS , the City of Jefferson adopts a five year Consolidated Plan and an
Annual Action Plan that outlines programs to be funded with CDBG
funds; and
WHEREAS, the administration of these programs necessitates the adoption of
policies and procedures consistent with federal law; and
WHEREAS, the previous policies and procedures were adopted by RS 2015-28;
and
WHEREAS, amendments are being recommended to better meet the needs of
the program and clients.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Jefferson,
Missouri that the Community Development Block Grant Policy and Procedures
Manual, as attached hereto, is adopted as guidance for the City's administration
of the CDBG program .
BE IT FURTHER RESOLVED that the Policy and Procedure Manual shall remain
effective until December 31, 2016 or until it is replaced .
Adopted this 61h day of June, 2016
Carrie Tergin, Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Counselor
COMMUNITY DEVELOPMENT BLOCK GRANT
Policy and Procedures Manual
Department of Planning and Protective Services
Redevelopment and Grants Division
City of Jefferson, Missouri
January 2016
1
CITY OF JEFFERSON
DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES
REDEVELOPMENT A ND GRANTS DIVISION
Staff
Janice McMillan , Director
Jayme Abbott , Neighborhood Services Coordinator
Lauren Hemy, Neighborhood Services Specialist
Penny Tyler, Grants Assistant
Physical Address:
John G . Christy Municipal Building
320 E . McCarty Street
Jefferson City , MO 65101
Office Hours: 8 :00AM-5:00PM
Phone: (5 7 3) 634-6410
Fax: (573) 634 -6457
Website: www.jeffersoncitymo.gov
2
jmcmillan@jeffcitymo.org
jabbott@jeffcitymo.org
lahemy@jeffcitymo.org
ptyler@jeffcitymo.org
Table of Contents
INTRODUCTION .................................................................................................................................................................. 4
CHAPTER 1: CDBG IMPLEMENTATION PROCESS ................................................................................................... 9
ST EP I -SUBMIT CONSOLIDATED PLAN & DETE RMfN E PROGRAM DELIVERY ............................................................ 9
Conso lidat ed Plan/Ac ti on Plan. ........................................................................................................................... 9
Program Delivery Met h od ................................................................................................................................. 10
STEP 2-NATIONAL OBJECT IV E ............................................................................................................................... 11
STEP 3 -ELIGIBLE ACT IVITI ES ........................................................................................................................ l6
STEP 4-COMPLY WITH OTHER FEDERAL REQU I REMENTS ..................................................................... 18
Environmental Rev iew ....................................................................................................................................... 18
Fair H ous in g, Accessibility, and Equal Emp loymen t ........................................................................................ 18
Procurement ...................................................................................................................................................... 21
Contract Management ....................................................................................................................................... 23
Labor Standards ................................................................................................................................................ 28
Acquisit ion and Relocation ................................................................................................................................ 29
STEP 5-ADDRESS FfNANCIAL AND ADMIN ISTRAT IVE REQUIR EMENTS ................................................................... 30
A. Administr ation & Planning ...................................................................................................................... 30
Calculating Planning and Adm inistration Cap .................................................................................................. 31
B. Public Services ......................................................................................................................................... 31
C. Timely Distribution of Funds ................................................................................................................... 32
D. Program Income ....................................................................................................................................... 32
E. Uniform Adminis tr at ive Requ ir ements ..................................................................................................... 33
F. A udit Requirements .................................................................................................................................. 33
G. Citizen Participation ................................................................................................................................ 34
H. R ecord Retention Period .......................................................................................................................... 34
I. Int ernal Controls ...................................................................................................................................... 34
J !DIS Draws ............................................................................................................................................... 35
K. Equipment Managemen t and Disposition ................................................................................................ 35
STEP 6-ENTER RESULTS INTO lOIS ........................................................................................................................ 36
STEP 7 -REPORT AND MONITOR PROGRESS ............................................................................................................ 37
Ca lendar of Events ............................................................................................................................................. 3 7
Mon itoring of Sub recipients ............................................................................................................................. 38
CHAPTER 2: HOMEOWNER SUPPORT PROGRAMS ............................................................................................... 39
Section I: Homeowner Support Programs ........................................................................................................ 39
A. Eligibility & Ass istan ce Amounts ............................................................................................................. 39
L. Application Procedures ............................................................................................................................ 43
SECTION 2: DOWN PAYMENT ASSISTANCE ................................................................................................ 47
A. Eligibility & Ass istance Amounts ............................................................................................................. 47
Section 3 : Grant Cancellation ........................................................................................................................... 50
CHAPTER 3: DEMOLITION ............................................................................................................................................ 52
Table 1 Organizational Chart ............................................................................................................................. 54
3
INTRODUCTION
The Housing and Community Development Act of 1974 (HCDA), authorized HUD to create the
Community Development Block Grant (CDBG) Program. The program seeks to provide decent
housing, a suitable living environment, and expand economic opportunities for low and moderate
mcome persons .
The City of Jefferson receives a yearly distribution for the CDBG entitlement program. The
entitlement programs are for cities in metropolitan areas over 50,000 in population, designated
principal cities of metropolitan statistical areas or urban counties with more than 200,000 people.
The grant amounts are determined by the higher of two formulas: Data based on overcrowded
housing, population and poverty; or Data based on age of housing, population growth lag, and
poverty.
This policies and procedure manual is intended as guidance for the City of Jefferson 's CDBG
program, and is not meant to be a substitute for federal regulations. The federal CDBG program
regulations can be found in Title 24 of the Code of Federal Regulations (CFR) Part 570.
This manual is effective January 1, 2016 and will remain in effect until updated or replaced. It
can be revised to meet changes in federal regulations, actions of the City Council or to meet
administrative needs upon approval.
4
Key Definitions
24 CFR Part 85 (the Common Rule): This rule provides that the grantee shall take affirmative
steps to encourage contracting with small minority and female owned business enterprises when
possible as sources of supplies , equipment, construction, and services.
Action Plan: An annual update to HUD regarding the Consolidated Plan .
Consolidated Plan: The Consolidated Plan is prepared by the grantee in accordance with 24
CFR Part 91, and describes needs, resources, priorities and proposed activities to be undertaken
with respect to CDBG program. An approved Consolidated Plan is one which has been approved
byHUD.
Contractors: A contractor is an entity paid with CDBG funds in return for a specific service
(e.g ., construction). Contractors must be selected through a competitive procurement process
based on the City's procurement standards.
Copeland Anti-Kickback Act: Makes it a criminal offense for a person to induce anyone
employed in the construction, completion, or repair of any public building, public work, or
building, or work financed in whole or in part by loans or grants from the United States , to give
up any part of the compensation to which the employee is otherwise entitled. The Act also
regulates payroll deductions, specifies methods of paying wages to covered employees, and
requires the submission of weekly payrolls in conjunction with statements of compliance by all
contractors in a format that meets the requirements of29 CFR Section 5.5.
Davis-Bacon Act: The Act is triggered when construction work over $2,000 is financed in
whole or in part with CDBG funds. It requires that workers receive no less than the prevailing
wages being paid for similar work in the same area.
Draw down: Refers to the process of requesting and receiving CDBG funds. Grantees draw
down funds from a line of credit established by HUD , while sub recipients draw down funds
from the grantee .
Executive Order 11063: This Executive Order provides that no person shall be discriminated
against on the basis of race, color, religion, sex, or national origin in housing and related
facilities provided with Federal assistance and lending practices with respect to residential
property when such practices are connected with loans insured or guaranteed by the Federal
government.
Executive Order 11246: This Executive Order applies to all federally assisted construction
contracts and subcontracts. It provides that no person shall be discriminated against on the basis
of race .
5
Executive Order 11259: This Executive Ord er provides that the administration of all Federal
programs and activities relating to housing and urban development be carried out in a manner to
further housing opportunities throughout the United States .
Grantee: Each entitlement community , or grantee, administers its local CDBG program in
accordance with program requirements.
Household: All the persons who occup y a housing unit. The occupants may be a single family ,
one person li ving alone , two or more families living together , or any groups of related or
unrelated persons who share living arrangements.
Income: Grantees may select any of three definitions of income: (1) Annual income as defined
under Section 8; (2) Annual income as reported under the Census long form ; or (3) Adjusted
gross income as defined by the IRS Form 1040.
Limited Clientele: Persons (or groups of persons) who are presumed to be principally LMI ,
according to HUD . These include: abused children, battered spouses , elderly persons (age 62 and
over), adults meeting the Bureau ofthe Census ' definition of severely disabled , homeless
persons , illiterate adults , persons living with AIDS , and migrant farm workers.
Low and Moderate Income: Low and moderate income (LMI) means family or household
annual income less than the Section 8 Low Income Limit , generally 80% of the area median
income , as established by HUD.
Low-Income Household/Family: A household /family having an income equal to or less than
the Section 8 Very Low Income limit (50% ofthe area median income) as established by HUD.
Moderate-Income Household/Family: A household /family having an income equal to or less
than the Section 8 Low Income limit (80% of area median income) established by HUD, but
greater than the Section 8 Very Low Income Limit (50% of area median income) established by
HUD .
Restoration Act of 1987: This Act restores the broad scope of coverage and clarifies the
application of the Civil Rights Act of 1964. It also specifies that an institution which receives
Federal financial assistance is prohibited from discriminating on the basis of race , color, national
origin , religion , sex , disability , or age in a pro gram or activity which does not directly benefit
from such assistance.
Section 109 of Title 1 of the Housing and Community Development Act of 1974: This
section of Title 1 provides that no person shall be excluded from participation (including
employment), denied program benefits , or subject to discrimination on the basis of race , color,
national origin , or se x under any program or acti vity funded in whole or in part under Title I of
the Act.
6
Section 3 of the Housing and Urban Development Act of 1968, as amended: Requires the
provision of opportunities for training and employment that arise through BUD-financed projects
to lower-income residents of the project area , to the greatest extent feasible and consistent with
Federal, State and local laws and regulations . Also required is that contracts be awarded to
businesses that provide economic opportunities for low-and very low-income persons residing in
the area. Amendments to Section 3 in 1992 included requirements for providing these
opportunities in contracts for housing rehabilitation, including lead-based paint abatement , and
other construction contracts.
Section 109 of Title I of the Housing and Community Development Act of 1974: Requires
that no person shall be excluded from participation in, be denied the benefits of, or be subjected
to discrimination under any program or activity funded with CDBG funds on the basis of race,
color, religion, national origin, or sex.
Section 504 of the Rehabilitation Act of 1973: It is unlawful to discriminate based on disability
in federally assisted programs. This section provides that no otherwise qualified individual shall,
solely by reason of his or her disability , be excluded from participation (including employment),
denied program benefits, or subjected to discrimination under any program or activity receiving
Federal funding assistance. Section 504 also contains design and construction accessibility
provisions for multi-family dwellings developed or substantially rehabilitated for first occupancy
on or after March 13 , 1991.
Sub recipient: An entity that assists the grantee to implement and administer its program. Sub
recipients are generally nonprofit organizations that assist the recipient to undertake one or more
activities on behalf of the grantee , such as a home rehabilitation. Sub recipients are also referred
to as sub grantees.
The Age Discrimination Act of 1975: This Act provides that no person shall be excluded from
participation, denied program benefits , or subject to disc rimination on the basis of age under any
program or activity receiving Federal funding assistance. Effective January 1987 , the age cap of
70 was deleted from the laws . Federal law preempts any State law currently in effect on the same
topic including: KRS 18A.140 ; KRS 344.040 ; 101 KAR 1:350 Paragraph 11 ; 101 KAR 1:375
Paragraph 2(3); 101 KAR 2:095 Paragraphs 6 and 7.
The Americans with Disabilities Act of 1990 (ADA): This Act modifies and expands the
Rehabilitation Act of 1973 to prohibit discrimination against "a qualified individual with a
disability" in employment and public accommodations. The ADA requires that an individual
with a physical or mental impairment who is otherwise qualified to perform the essential
functions of a job, with or without reasonable accommodation, be afforded equal employment
opportunity in all phases of employment. Kentucky adopted this Act in 1992 with the emollment
and passage of Senate Bill210.
7
The Equal Employment Opportunity Act: This Act empowers the E qual Employment
Opportunity Commission (EEOC) to bring civil action in Federal court against private sector
employers after the EEOC has investigated the charge , found "probable cause " of discrimination,
and failed to obtain a conci liation agreement acceptable to the EEOC. It also brings Federal ,
State , and local governments under the Civil Rights Act of 1964.
The Fair Housing Amendment Act of 1988: This Act amended the original Fair Housing Act
to provide for the protection of families with children and people with disabilities , strengthen
punishment for acts of housing discrimination , expand of the Justice Department jurisdiction to
bring suit on behalf of victims in Federal district courts , and create an exemption to the
provisions barring discrimination on the basis of familial status for those housing developments
that qualify as housing for persons age 55 or older.
The Housing for Older Persons Act of 1995 (HOPA): Retained the requirement that the
housing must have one person who is 55 years of age or older living in at least 80 percent of its
occupied units. The Act also retained the requirement that housing facilities publish and follow
policies and procedures that demonstrate intent to be housing for persons 55 and older.
The Immigration Reform and Control Act (IRCA) of 1986. Under IRCA, employers may hire
only persons who may legally work in the U .S., i.e., citizens and nationals of the U .S. and aliens
authorized to work in the U.S. The employer must verify the identity and employment eligibility
of anyone to be hired , which includes completing the Employment Eligibility Verification Form
(I -9).
The Uniform Guidelines on Employee Selection Procedures adopted by the Equal
Employment Opportunity Commission in 1978: This manual applies to employee selection
procedures in the areas of hiring , retention, promotion , transfer , demotion , dismissal and referral.
It is designed to assist employers, labor organizations , employment agencies , licensing and
certification boards in complying with the requirements of Federal laws prohibiting
discriminatory employment.
The Vietnam Era Veterans' Readjustment Act of 1974 (revised Jobs for Veterans Act of
2002): This Act was passed to ensure equal employment opportunity for qualified disabled
veterans and veterans of the Vietnam War. Affirmative action is required in the hiring and
promotion of veterans.
Title VI of the Civil Rights Act of 1964: This Act provides that no person shall be excluded
from participation, denied program benefits , or subject to discrimination based on race , color,
and /or national origin under any program or activity receiving Federal financial assistance.
Title VIII of the Civil Rights Act of 1968 (The Fair Housing Act): This Act prohibits
discrimination in housing on the basis of race , color, religion , sex and /or national origin. This
law also requires actions which affirmatively promotes fair housing.
8
CHAPTER 1: CDBG IMPLEMENTATION PROCESS
The following provides an overview of the framework in which the City must make decisions
concerning activities and/or organizations to fund under the CDBG program.
• Submit Consolidated Plan & Determine Program Delivery
• Select Activities Meeting National Objective
• Select Eligible Activities
• Comply With Other Federal Requirements
• Address Financial And Administrative Requirements
• Enter Results Into IDIS
• Report & Monitor Progress
CONSOLIDATED PLAN/ACTION PLAN
The process of completing the Consolidated Plan (and annual Action Plans) helps the City to
determine what activities to fund in the coming year.
The Consolidated Plan is a plan of five years in length , which describes the community
needs , resources , priorities , and proposed activities to be undetiaken under CDBG program.
Each year, the City must submit an update to HUD , referred to as an Action Plan. The Action
Plan describes the specific planned uses for CDBG .
The Consolidated Plan includes the following:
1. A description of the entity responsible for overseeing the development of the
Consolidated Plan and a description of the process undertaken to develop the plan;
2. A housing and homeless needs assessment ;
3 . A housing market analysis;
4. A strategic plan; and
5. A one-year Action Plan.
9
The following is a timeline of the Consolidated Plan to ensure timeliness and accuracy.
•
•
•
•
Pre-Public Hearing regarding the development of the Consolidated/ Action Plan shall
be held sometime in June .
End of September, Public Hearing is held regarding the proposed
Consolidated/ Action Plan. Copies of the proposed Consolidated/ Action Pian will be
made available for public Review. The 30 day public comment period begins the day
after the public hearing is held.
Present the draft plan to the Public Works and Planning Committee and City Council.
The Plan shall be approved by Council via Resolution.
The Consolidated/Action Plan is due to HUD November 15 111 * .
Since FY 2015 , HUD has issued CPD Notices , concerning grantees' submission of Action Plans
for funding under the CDBG , HOME , ESG and HOPWA programs . These notices instructs
grantees not to submit their Action Plans or new 3-5 year Consolidated Plans until an
appropriations bill has been enacted and HUD has notified grantees of their actual allocation
amounts under the four formula programs . HUD field offices have been instructed to disapprove
as substantially incomplete any Action Plan that contains estimated grant amounts.
PROGRAM DELIVERY METHOD
The City (grantee) is responsible for ensuring that CDBG funds are used in accordance with all
program requirements. The use of designated public agencies , sub recipients , or contractors does
not relieve the grantee of this responsibility. The grantee is also responsible for determining the
adequacy of performance under sub recipient agreements and procurement contracts and for
taking appropriate action when performance problems arise.
Before disbursing funds to any organization that is carrying out CDBG activities on behalf of the
grantee as a sub recipient, a written agreement must be executed . The CDBG regulations
stipulate that certain requirements be included in all written agreements with sub recipients.
Written agreements must remain in effect for the length of time that the sub recipient has control
over any CDBG funds, including program income. However , it is good practice to update sub
recipient agreements annually to ensure the agreements are current with regulations and
requirements. This process also allows an opportunity to revisit and clarify problem areas or
Issues .
10
~Ct1:!1DtC\JLM4
In order to use HUD funds, the project must meet a National Objective. They are the following .
National Objective
The LMI national objective is the primary national objective because the statute requires that
grantees expend 70% of the CDBG funds to meet the LMI national objective.
LMI Calculation Example:
Total entitlement grant amount:
Less actual planning and admin (up to 20%):
Equals amount subject to LMI calculation:
Multiplied by 70 percent:
Equals minimum to benefit LMI:
Amount subject to LMI calculation :
Less LMI minimum:
Equals maximum slum/blight and urgent needs allowable activities:
11
$225,000
($45,000)
$180 ,000
X0.70
$126,000
$180,000
($126,000)
$54 ,000
A) 51% Low and Moderate Income
At least 51% or more of the persons and families benefiting must be low and moderate -income
(LMI) for public projects and public facilities and 100% LMI for housing activities. LMI can be
determined by HUD census data or by conducting a survey . LMI is generally calculated on an
area basis , meaning either the entire jurisdiction of the City or a defined targeted area within the
City must be at least 51% LMI.
1. To be counted as a beneficiary of a project , LMI documentation must be obtained.
2. For every separate activity funded under the same project, there must be 51% LMI or
the removal of slum and blight achieved.
3. For the purposes of determining eligibility, all persons and families must be counted .
For the purposes of determining the amount of CD BG funding, all households must be
counted.
4. A project may not be designed to benefit moderate -income persons to the exclusion of
low-income persons.
5. HUD's Section 8 program income guidelines (as modified by the Housing and
Community Development Act of 1987) shall be used to define low and moderate-
income for the CDBG Program. The annual income limits are available from
http://www.huduser.org/portal/. IfHUD has not published the applicable year 's limits ,
then the community may use the previous year in order to begin the survey work.
6 . "Income " should be viewed as a family 's total adjusted gross income. Any person that
belongs to an LMI family is considered an LMI person. Request a copy of the direct
beneficiaries IRS Form 1040 or other equivalent income statements .
7. To calculate the LMI percentage , divide the number of LMI persons by the total
number of persons benefiting; and divide the number of LMI families by the total
number of families benefiting. Both calculations must equal or exceed 51%. You may
not round up to achieve 51%. The HUD census data is only available in the number of
LMI persons. Therefore , in order to arrive at the correct number of LMI families , divide
the number of persons by 2.48 , which is the state average household size.
8. If you choose to survey for eligibility , there are three categories of income to report:
80% of the county's median income; 50% of county 's median income; and , 30% of the
county 's median income. Eligible persons and families are all those below 80% of
median income. The terminology may differ for the three categories but the percentages
are the same. You may see: moderate-low-very low; or low -very low-extremely low; or
low-very low-30% of median. It is important to distinguish the categories for the
repm1ing purposes and not to eliminate any from the survey instrument sample.
9. It is the activity that will often provide the indication of who benefits. The availability
of exact census data will determine whether census or survey may be used. In the
CDBG program, an applicant determines the project to be either : area-wide benefit, or a
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target-area benefit. Secondly, the applicant indicates the method ofLMI eligibility :
census , survey, job-creation, or limited clientele.
10. The application may be an area-wide benefit if the activity benefits an entire city ,
county, township, or enumeration district, either 2006-2010 American Community
Survey or survey may be used to determine LMI benefit. Please note that the census
data provided by HUD sometimes differs from the U.S. Census Bureau in terms of
income and the total number of persons and families in a given area. City may only
accept the HUD data as valid.
11. If the activities proposed in an application only benefit a portion of the community ,
then a target-area benefit would be relevant. Most often, surveys are required to gain
eligibility here. Census data by tract or block group may be used if the beneficiaries
exactly match the tracts or block groups (and the entire block group data must be used).
12. If one activity benefits the entire community (such as water or wastewater treatment)
and another activity that benefits only a section of the community (such as water
distribution or wastewater collection) then the treatment activity must represent the
majority of the project costs in order to use an area-wide benefit with census data.
13. Surveys are used to apply accurate information to an area that is not covered by census
information, or to provide updated information to an area that has changed in the
number of persons and their income level during the decade for which the census is
valid. There is a methodology applied to surveys intended to support CDBG eligibility
and there is a time limit in which those surveys may be valid.
14. There are two options for surveys: 100% solicitation (census) or random.
15. For the first option, applicants must solicit 1 00% of the proposed beneficiaries . The
survey response percentage is 80%. (This is only allowed when the project area
contains 200 or fewer families). For larger surveys , applicants are required to perform
a random survey.
16. A random survey requires a smaller sample to be surveyed , but requires that specific
residences (chosen at random by CDBG) be surveyed. The survey response rate is 80%
of the residences surveyed. A random survey is required if the service area contains
more than 200 families. Contact CDBG staff for random number table if random survey
is required. If the service area of the project consists of200 or fewer families , a
random survey is not an option.
17. Regardless of survey options , there are three acceptable procedures: door to door ,
which should involve trained personnel , where the survey is conducted at the residence
by an interviewer. Techniques of not introducing bias into the survey should be used
including question wording ; probing to obtain clarification , and recording responses
accurately. Modified door-to-door includes hand delivery of the survey but the task of
completion is left to the resident. The deliverer may either wait or make arrangements
to pick the survey up at a later date . Or , the survey may be made via mail.
18. Telephone surveys are not acceptable.
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19. The survey instrument and tabulation sheet is made available to the applicant by
CDBG.
20. A map must accompany the survey area , showing the project area and beneficiaries. If a
survey is used to prove LMI , then the survey area and the houses surveyed should be
clearly marked on the map.
21. Limited Clientele persons (or groups of persons) are presumed to be principally LMI,
according to HUD . These include: abused children, battered spouses, elderly persons
(age 62 and over), adults meeting the Bureau ofthe Census' definition of severely
disabled, homeless persons, illiterate adults, persons living with AIDS, and migrant
farm workers. The disability data used for limited clientele are "persons with a mobility
or self-care limitation." This data is broken into persons age 16 to 64 and 65 and older.
The data for both age groups must be added together in total. Do not use the data for
"persons with a work disability."
22. In addition , if a project's activities are limited exclusively to LMI persons (such as a
food pantry with income restrictions either equal to or more restrictive than the LMI
income limits for that area), the project may meet the LMI national objective through
limited clientele.
23. Limited Clientele projects are those that exclusively serve a group defined as limited
clientele. If this criterion is met , then no further LMI documentation , either by census
or by survey is necessary . If the project is not exclusive or designed for only that group
or groups , then LMI eligibility must be proven by another method .
B) Elimination of Slums and Blight
To prove this HUD national objective, a project must propose one of the two different methods.
1. The first method occurs when a structure is blighted ; when it exhibits objectively
determinable signs of deterioration sufficient to constitute a threat to health , safety and
public welfare .
For the City to participate in this activity it must, at a minimum , determine blighted
structures by applying existing dangerous building ordinance, building code level of
violation or applicable occupancy or habitability designation or code violation in a
manner consistent with their ordinance. The ordinance , code violation or designation
must be applied to the specific structure, not to the area as a whole . The predominance of
blight in an area does not allow blight to be assumed for each structure inside the area .
2. The second method covers area blight, and includes submitting a resolution passed by the
governing legislative body declaring the area blighted in accordance with 24 CFR 570.
As stated, the definition of the national objective elimination of slum and blight reads as
follows. The area meets the conditions of either (a) or (b):
1. At least 25% of the properties throughout the area experience one or more of the
following conditions:
14
• Physical deterioration of buildings or improvements,
• Abandonment of properties
• Chronic high occupancy turnover rates or chronic high vacancy rates in
commercial or industrial buildings ,
• Significant declines in property values or abnormally low property values relative
to other areas in the community , or
• Known or suspected environmental contamination.
11 . The public improvements throughout the area are in a general state of deterioration.
C) Urgent Threat to Health and Safety
The use of the urgent need national objective is rare . It is generally used for activities to
alleviate emergency conditions. According to "Basically CDBG" Course Training Manual
examples include:
• Acquisition of property located in a flood plain that was severely damaged by a recent
flood ;
• Public facility improvements like the reconstruction of a publicly-owned hospital that
was severely damaged by a tornado;
• Demolition of structures that are severely damaged by a major earthquake ;
Urgent need qualified activities must meet the following criteria:
• The existing conditions must pose a serious and immediate threat to the health or welfare
of the community;
• The existing conditions are of recent origin or recently became urgent (generally , within
the past 18 months);
• The grantee is unable to finance the activity on its own; and
• Other sources of funding are not available.
15
Section 105(a) ofthe Community Development Act and HUD regulations specified the activities
that are eligible for CDBG assistance. A general listing of eligible activities is below, and a
detailed description is provided in 105(a) ofthe Act and in 24 CFR 570.482.
1. Property Acquisition
2. Property Disposition
3. Property Clearance/Demolition
4 . Architectural Barrier Removal
5. Senior Center
6 . Community Facilities
7. Centers for the Handicapped
8. Historic Properties
9. Water Treatment/Storage
10 . Sanitary Sewer Collection
11 . Storm Sewers
12. Flood and Drainage Facilities
13. Streets (or Roads)
14. Street Accessories
15 . Parking Facilities
16 . Bridges
1 7. Sidewalks
18 . Pedestrian Malls
19 . Recycling or Conversion Facilities
20. Parks and Recreation Facilities
21. Fire Protection/Facility Equipment
22. Solid Waste Disposal Facilities
23 . Other Utilities
24. Public Service/S upportive Services
25. Rehabilitation of Private Residential
Properties
26. Rehabilitation of Public Residential
Properties
27 . Payments for Loss ofRental Income
28 . Relocation
29 . Code Enforcement
30. Energy Use Strategy
31. Non-Federal Share Payment
32. Interim Assistance
33 . Planning
34. Commercial or Industrial Facilities
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35. Administration
36. Engineering/Design
37. Housing Rehab/Demo Inspection
3 8. Engineering/C onstruction Inspection
39. Airports
40. Natural Gas Lines
41. Electrical Distribution Lines
42. Rail Spurs
43 . Lighting
44. Other Professional Services
45. Security Fencing
46 . Site Preparation
47. Purchase Land/Building
48. Facility Construction Renovation
49. Machinery/E quipment
50. Working Capital
51. Sewage Treatment
52. LDC Homeownership Assistance-up
to $15,000 to purchase a new home
53. Legal
54. 911 Emergency Systems
55. Homeowners Assistance -up to $5 ,000
to purchase an existing DSS home
56 . Lead -Based Paint Risk Assessment
57 . Asbestos Removal
58 . Job Training
59 . Home-Ownership Counseling
60 . Substantial Reconstruction ofPrivate
Residential Properties on Same Lot -
Up to $15 ,000
61. Water Distribution
62. Lead Reduction NOT incidental to
Rehab
63. Asbestos Inspection
Pursuant to 24 CFR 570.207 Ineligible Activities are as follows:
A. Maintenance or operation costs . **
B. General government expenses.
C . Political activities.
D. Improvements to city halls and courthouses , except those required to meet the Americans
with Disabilities Act. Note: CDBG funds used for ADA projects may only convert existing
facilities to accessibility. CDBG funds may not be used to add new facilities .
E. Purchase of equipment, except for fire protection, public services , landfills or recreation.
F. Income payments, except for loss of rental income due to displacement.
G. Application preparation costs or a bonus award for writing a successful application.
H . Religious purposes.
**Maintenance and Operation Costs: Any cost that recurs on a regular basis (generally , less than
five years) is considered a maintenance or operation cost, therefore ineligible for CDBG
assistance .
17
ENVIRONMENTAL REVIEW
An Environmental Review Record must be completed for each project in order to meet the
Environmental Review Requirements set forth at 24 CFR Part 58. All projects will publish
appropriate notices (including HUD 8-Step Process), submission of the Request for Release of
Funds and Certification and Authority to Use Grant Funds will be issued by HUD prior to
commencing with project activities.
FAIR HOUSING, ACCESSIBILITY , AND EQUAL EMPLOYMENT
The City and any sub -recipient(s) must adhere to all the basic tenets of fair housing and equal
opportunity regulations. Recipients are prohibited from practicing discrimination on the grounds
of race , color, national origin, religion , sex , handicap , or familial status.
This prohibition applies to all project contractors or subcontractors . Beneficiary information
should be determined and demographic data compiled , with this information made available in
the project file for public review .
A. Fair Housing
As part of HUD ' s certification the City is required to complete an analysis of impediments to fair
housing choice . Although not part of the consolidated plan , the City must certify that it
completed the analysis , is taking appropriate actions to overcome the effects of any impediments
identified and maintain records reflecting the analysis and related actions .
The most recent Analysis of Impediments was completed in March 2013. The following
impediments were identified for the City:
• Lack of adequate funding allocated for fair housing enforcement and outreach
activities.
• Lack of fair housing awareness
• Inadequate information and awareness of the city 's housing programs
• Lack of fair housing testing to determine where fair housing discrimination is
taking place.
• Concentration of affordable rental housing in certain neighborhoods with higher
minority and low income populations.
• Need for ADA education and the lack of availability of housing for persons with
disabilities.
• Lack of specific and comprehensive planning efforts around affirmatively
furthering fair housing in the City of Jefferson.
18
Actions in addressing the above identified impediments should be implemented through the
Consolidated Plan and/or Action plan.
B. Handicapped Accessibility
The City shall abide by HUD regulations in Section 504 , HUD 's implementation ofthe
American with Disability Act (ADA). The City is to conduct a self-evaluation of accessibility to
determine their current programs, servic es, polices , and practices meet the requirements of
Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act.
C. Equal Employment Opportunities
Congress established Section 3 to ensure that the employment and other economic opportunities
generated by Federal financial assistance for housing and community development programs
shall , to the greatest extent feasible , be di rected toward low and very low income persons ,
particularly those who are recipients of govermnent assistance for housing.
Section 3 applies to training, employment, contracting and other economic opportunities that are
in connection with the CDBG funds . Contractors and subcontractors providing a service on
projects for which the total amount of federal assistance exceeds $200 ,000 and the amount of the
contract or subcontract exceeds $100,000 are required to comply with Section 3.
19
The following is a detail ed listing of laws app licable to the CDBG program.
Federal and State Laws and Regulations Fair Housing & Equal
Accessibility Employment & (included amendments) Nondiscrimination Contracting
Title VI of the Civi l Rights Act of 1964 X
Title Vlll of the Civi l Rights Act of 1968 (The X X
Fa ir Housing Act)
Restoration Act of 1987 X
Sect ion I 09 of Tit le I of the Ho using and X X
Com m unity Deve lopment Act of 1974
The Fair Housing Am e ndment Act of 1988 X
The Housing for O lder Persons Act of 1995 X
(HOPA)
The Age Discrimination Act of 1975 X
Section 504 of the Rehabi litation Act of 1973 X X X
The Americans with Disab il ities Act of 1990 X X X
(ADA)
Executive Order I I 063 X
Executive Order 1 1259 X
Sect ion 109 of Title I of the Ho using and X X
Community Deve lopment Act of 1974
The Equal Emp loyment Opportunity Act X
The Immigration Reform and Contro l Act X
(!RCA) of 1986
The Uniform Guide lines on Emp loyee Se lect ion X
Procedures adopted by t he Eq ua l Employment
Opportunity Commission in 1978
Section 3 of the Housing and Urban X
Deve lopment Act of 1968 , as amended
The Vietnam Era Veterans' Readjustment Act of X
1974 (revised Jobs for Veterans Act of2002)
Executive Order I 1246 X
24 CFR Part 85 (the Common Ru le): X
20
PROCUREMENT
According to the tab le be low, t he City procurement policy is stricter than CDBG 's procurement
policy . Therefore, City procurement policy will take precedence*.
Citv of Jefferson HUD Requirements HUD Re_guirement Notes
$5 ,000 or less without See Below competitive bids .
$5 ,000 and not more than 3 written quotes should be Award should be made to the
$25 ,000 bids to be in writing , obtained for all purchases lowest responsive and
electronic and online sellers up to $100 ,000 . responsible source .
acceptable from at least 3
vendors .
Over $25,000 requires advertise Over $100,000 a) All bids must be opened
for sealed bids allowing 14 days Competitive Sealed Bids. pub lically at the time and
before bids are received and Publish one time in widest place stated in the invitation
opened. Lowest and best bid circulation paper. b) for bids. A firm-fixed price
submitted by responsible bidder Competitive Proposals for contract award must be made
meeting specifications will be professional services in writing to the responsive
recommended for award. bidder whose bid is lowest ,
most responsible and
responsive . All unsuccessful
bidders must be notified in
writing
*If City is awarded funds from State CDBG program MO Department of Labor procurement
rules apply .
Non-competitive proposals may be used only when the award of a contract is infeasible under
small purchase procedures , sealed bids , or competitive proposals and one of the following
circumstances applies:
1. Where the item is available only from a single source;
2. Where a public emergency or urgent situation is such that the urgency will not permit a
delay beyond the time needed to emplo y one or the other procurement methods; or
3. Where after solicitation of a number of sources , competition is determined inadequate.
When bidding out projects with HUD funds must ensure that the equal opportunity housing
symbol is included within the publication.
21
EQUAL HOUSING
OPPORTUNITY
A. Conflict of Interest
The CDBG program will follow the City 's Purchasing Policy and Procedures Manual, including
the conflict of interest policy.
It shall be unethical for any city employee to participate directly or indirectly in a procurement
contract where the city employee knows that:
• The city employee or any member of the city employee's immediate family has a
financial interest pertaining to the procurement contract; or
• Any other person, business, or organization with whom the city employee or any
member of a city employee's immediate family is negotiating or has an
arrangement concerning prospective employment is involved in the procurement
contract.
A city employee or any member of a city employee 's immediate family who holds a financial
interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to
matters pertaining to that financial interest.
Note: Personnel Policy
1. Section 20-5 Conflict of Interest
No employee of the municipal service shall hold a financial interest in a firm, institution,
corporation, or other establishment supplying goods or services to the city. No employee shall be
employed in any capacity with a firm, institution, corporation or other establishment supplying
goods or services to the city when that capacity means the possession, direct or indirect, of the
powers to direct or cause the direction of the management and policies ofthat organization . No
employee shall receive any payment, gifts, favors, or other consideration from any person, firm,
institution, corporation , or other establishment supplying goods or services to the city.
2. Section 20-6 Penalties
Any employee found guilty of any violation of this section shall be subject to any disciplinary
action up to and including dismissal as defined by these rules and such other penalties as may be
deemed appropriate and consistent with the laws of the City of Jefferson and the State of
Missouri.
B. Excluded Parties
Prior to making any award (sub grant or contract) the organization must be checked for
debarment, suspension or otherwise excluded from pruiicipation in Federal assistance programs
under Executive Order 12549, "Debarment and Suspension."
22
Contractor must be cleared through the following links :
1. Secretary of State 's website. Check and see if they are registered to do business in the
State. For this website you will have to have to know exactly how they registered their
company . https://bsd.sos.mo .gov/BusinessEntity/BESearch.aspx?SearchType=O
2. BUD's debar website. Click on Limited Denial of Participation list & if nothing shows
up for the company they are not debarred with HUD.
http ://portal.hud .gov/hudportal/HUD?src=/topics/limited denials of participation
3 . State Department of Labor Contractor Department List
http ://labor.mo.gov/DLS/Prevai lingWage/debarment list
4 . System for Award Management (SAM)
https :/ /www.sam .gov
CONTRACT MANAGEMENT
Contract management is a large part of any project 's success . It is important that all parties in a
contract are held to the roles and responsibilities for which they are receiving payment. Project
delays or problems are often the result of misunderstandings , assumptions of the responsibilities
of different parties in a contract, or of parties not performing their work to a standard . To correct
these problems, contract language must be clear and must take the management of the contracts
seriously as a working role .
Before entering into a contract you must ensure that all contracts are written so that they are
based on a lump sum or unit price. Please be careful of any hidden or unexpected costs or
additional fees that may have been added to the contract. Such fees may include per hour
additional fees for surveying, obtaining easements, etc . Often grantees may think these costs are
part of the base contract and have not allowed for the additional cost in their budget.
A. Contract Content
According to 24 CFR 85.36(i) contract provisions, a grantee's and sub grantee 's contracts must
contain provisions listed below. Federal agencies are permitted to require changes, remedies,
changed conditions, access and records retention, suspension of work, and other clauses
approved by the Office of Federal Procurement Policy.
1. Administrative, contractual , or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as may be
appropriate . (Contracts more than the simplified acquisition threshold)
23
2. Termination for cause and for convenience by the grantee or sub grantee including the
manner by which it will be effected and the basis for settlement. (All contracts in excess
of$10,000)
3. Compliance with Executive Order 11246 of September 24 , 1965, entitled "Equal
Employment Opportunity", as amended by Executive Order 11375 of October 13 , 1967 ,
and as supplemented in Department of Labor regulations ( 41 CFR chapter 60). (All
construction contracts awarded in exc ess of $10 ,000 by grantees and their contractors or
sub grantees)
4 . Compliance with the Copeland "Anti-Kickback" Act (18 U.S .C. 874) as supplemented in
Department of Labor regulations (29 CFR part 3). (All contracts and sub grants for
construction or repair)
5. Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by
Department of Labor regulations (29 CFR pmi 5). (Construction contracts in excess of
$2000 awarded by grantees and sub grantees when required by Federal grant program
legislation). Davis-Bacon does not apply to the rehabilitation of residential structures
containing less than eight units or force account labor.
6. Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 327A 330) as supplemented by Department ofLabor regulations (29 CFR
part 5). (Construction contracts awarded by grantees and sub grantees in excess of $2000,
and in excess of $2500 for other contracts which involve the employment of mechanics
or laborers)
7. Notice of awarding agency requirements and regulations pertaining to reporting .
8. Notice of awarding agency requirements and regulations pertaining to patent rights with
respect to any discovery or invention which arises or is developed in the course of or
under such contract.
9 . A warding agency requirements and regulations pertaining to copyrights and rights in
data.
10. Access by the grantee , the sub grantee , the Federal grantor agency , the Comptroller
General of the United States , or any of their duly authorized representatives to any books,
documents , papers , and records of the contractor which are directly pertinent to that
specific contract for the purpose of making audit , examination , excerpts , and
transcriptions .
11. Retention of all required records for three years after grantees or sub grantees make final
payments and all other pending matters are closed.
12 . Compliance with all applicable standards , orders, or requirements issued under section
306 ofthe Clean Air Act (42 U.S .C. 1857 (h)), section 508 ofthe Clean Water Act (33
U.S .C. 1368), Executive Order 11738 , and Environmental Protection Agency regulations
24
( 40 CFR part 15). (Contracts , subcontracts , and sub grants of amounts in excess of
$100,000).
13. Mandatory standards and po li cies re lating to energy efficiency which are contained in the
state energy conservation p lan issued in comp liance with the Energy Policy and
Conservation Act (Pub . L. 94A 163 , 89 Stat. 871).
[53 FR 8068 ,8087 , Mar. 11 , 1988, as amended at 60 FR 19639, 19642 , Apr. 19 , 1995]
B. Common Rules Regarding Contracting
1. All services, professional , or construction , paid in who le or in part with CDBG funds,
require the execution of a formal contract.
2. The use ofCDBG dollars, regardless ofthe amount, for payment of any service under
contract in a grant, initiates the contracting requirements described . The total amount of the
contract will often indicate the proper documentation to be included in the contract.
3. All contracts should contain a clear, concise , and detailed description of the:
• scope of work
• total cost
• duration or life of the contract
• compliance requirements
• rep01iing responsibilities
• contract content paragraphs listed above
4. If proposals invo lving architectural/engineering professional services are evaluated with
respect to factors other than price , the program participant must be able to document the
basis for negotiation of fair and reasonable compensation .
C. Acceptable Contract Cost Structures
All construction contract fees shall be based upon a lump sum or unit price . All professional
service contracts shall be based upon a lump sum or a cost-plus -fixed -fee . Cost plus a percentage
of cost and percentage of construction cost methods are prohibited .
D. Alternative Deductibles/Alternate Add-Ons In Construction Bidding
In an effort to remain flexible in the bidding process for construction activities, the grantee may
set in place alternative deductibles or alternate add -ons. These items must be clearly marked as
such and , in the event of bids received over budget, may be "deducted " from the scope of the
project , or in the event of bids received under budget , may be "added" to the scope of the project.
All alternative deductibles/additions must be assigned a number in order of preference to be
eliminated/added. Any elimination/additions of these items must follow that numerical guide
25
(e.g., Item #2 may not be deducted/added prior to Item #1). No items may be eliminated/added
from a bid process if they were not initially indicated as an alternative deductible or alternate
add-on. Alternate deductibles should include , but not be limited to , items the grantee may be able
to complete on its own or items that would not have an adverse effect on the project if omitted.
E. Addendum Procedure
If changes or additions to the bid packet must be made prior to the bid deadline date , an
addendum must be executed. The addendum must spell out the change or addition and must be
distributed to all interested bidders. This action must not take place later than 72 hours prior to
the bid submission deadline. If this time period is not possible , the addendum may be distributed
and the deadline may be delayed exactly one week . All bidders obtaining bid documents must be
made aware of all addenda in order not to interrupt the procurement procedure.
F. Amendment Procedure
If, during the life or duration o f any formal contract, the parties agree to a change in the design,
duration , cost , or any ofthe terms of the contract, a formal amendment may be executed. For this
amendment to be valid and recognized by CDBG, it must be in writing, signed , and attested by
both parties and attached to all original contract documents. The grantee may require review by
their attorney prior to implementing the process . Any changes or change orders that directly
affect the use ofCDBG dollars , the scope of the project, or greatly changes the duration ofthe
contract should be reviewed prior to execution.
Reports should be prepared and submitted by each contractor whenever it is determined that any
change in the design , cost, or duration ofthe project is necessary.
G. Award of Contract
Awarding contracts using CDBG funds shall be completed in the same manner as if using local
funds. The required process for entering into contracts should be reviewed and used for CDBG
projects.
H. Federally Debarred Contractors
Before signing a contract with a proposed contractor, the grantee must ensure that the contractor
is not on the Federal listing of Contractors Unable to Perform Work Under a Federally
Sponsored Project at
http://portal.hud.gov/hudportal /HUD ?src=/topics/limited denials of participation . Click on
Limited Denial of Participation list & if nothing shows up for the company then they are not
debarred with HUD . In addition, must check the System for Award Management (SAM) at
www.sam .gov .
26
I. Contractors Licensed To Do Business In Missouri
All professional service contracts and construction contracts paid for with CDBG funds must use
firms /businesses that are licensed to operate in the State of Missouri. No grant funds will be
released to pay businesses that do not hold this license. Check
https://bsd.sos.mo.gov/BusinessEntity/BESearch.aspx?SearchType=O and search for the
company 's name which has to be exactly how they registered with the State.
J. Businesses I n Good Standing With The Department of Labor
All licensed businesses must be in good standing with the Missouri State Department of Labor
office. State debar website http ://labor.mo.gov/DLS /PrevailingWage/debarment list.
K. Department Of Treasury's Listing Of Approved Sureties
The bonding company used by the contractor to provide payment and performance bonds must
be listed with the Department of the Treasury's Listing of Approved Sureties . At the time the
contract is awarded check http://www.fiscal.treasury .gov /fsreports /ref/suretyBnd/c570 a-z.htm
to ensure that the Missouri is listed for the surety as being licensed in the state. Print off the
listing as compliance documentation for the file & ensure the date is included on the copy.
L. Internal Control
Proper internal control for each contractor may include a contract file that includes the following:
• A signed contract and amendments or change orders ;
• A schedule of payments supported by:
Copies of time sheets or payroll records ;
Copies of checks or transfer notifications ; and
-Copies of invoices ;
• All project-related correspondence ;
• Property records (where appropriate);
• Any notice of cancellation, termination , or suspension of the contract;
• All field inspection reports and employee interviews; and
• Other data as required by the recipient to properly administer the contract.
M. Engineer/Consultant's Certificate of Completed Work
A copy of the Certificate for Acceptance , and Final Payment, signed by the project
engineer/consultant, must be obtained prior to closeout. This certificate must cover all work
included in the project (regardless of funding source), including grantee cash and in-kind . The
certificate must state that work has been completed in accordance with drawings and
specifications and is functioning properly with the recommendation for Final Payment.
27
LABOR STANDARDS
Construction work that is financed in whole or in part with CDBG funds must adhere to certain
Federal labor standards requirements. Additional information can be found at
https:/ /www .hudexchange.info/resources/documents/Module3 TrainingSlides .pdf.
A. Davis-Bacon Act
The Davis-Bacon Act (40 USC, Chapter 3, Section 276a-276a-5; and 29 CFR Parts 1, 3, 5, 6 and
7) is triggered when construction work over $2 ,000 is financed in whole or in part with CDBG
funds. It requires that workers receive no less than the prevailing wages being paid for similar
work in the same area. Davis-Bacon does not apply to the rehabilitation of residential
structures containing less than 8 units or force account labor (construction carried out by
employees of the grantee).
BUD's Office of Labor Relations Letter No. LR 2009-01 Davis -Bacon applicability to
demolition work states demolition , by itself, is not nec essarily considered to be construction,
alteration, or repair (i.e . activities to which Davis-Bacon requirements may apply). As a result ,
Davis-Bacon wage requirements are not typicall y triggered by demolition work , alone. However,
if subsequent construction at the site is planned as part of the same contract or if subsequent
construction is contemplated as part of a future construction project, then the demolition work is
considered to be part ofthe overall construction project. In such cases , ifthe subsequent
construction work is subject to Davis -Bacon requirements , then the demolition world likewise be
covered by Davis-Bacon requirements. Additional information can be found at
http :/ /portal.hud . gov /hudportal/ documents/huddoc ?id= DOC 14 999 . pdf.
B. Copeland Anti-Kickback Act
The Copeland Anti-Kickback Act (40 USC , Chapter 3, Section 276c and 18 USC , Part 1,
Chapter 41, Section 874; and 29 CFR Part 3) requires that workers be paid weekly, that
deductions workers ' pay be permissible , and that contractors maintain and submit weekly
payrolls.
C. Contract Work Hours and Safety Standards Act
The Contract Work Hours and Safety Standards Act (40 USC , Chapter 5, Sections 326 -332 ; and
29 CFR Part 4 , 5, 6 and 8; 29 CFR Part 70 to 240) applies to contracts over $100 ,000 and
requires that workers receive overtime compensation (time and one -half pay) for hours they
have worked in excess of 40 hours in one week . Violations under this Act carry a liquidated
damages penalty ($1 0 per day per violation).
D. Section 3 of the Housing and Urban Development Act of 1968
Section 3 of the Housing and Urban Development Act of 1968 , as amended requires the
provision of opportunities for training and employment that arise through BUD-financed projects
to lower-income residents of the project area. Also required is that contracts be awarded to
businesses that provide economic opportunities for low-and very low-income persons residing in
the area.
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E. Missouri Prevailing Wage Law
Mi ssouri 's Prevailing Wage Law establishes a minimum wage rate that must be paid to workers
on public works construction projects in Missouri, such as bridges, roads, and government
buildings . The prevailing wage rate differs by county and for different types of work.
The Prevailing Wage Law applie s to all public works projects constructed by or on behalf of
state and local public bodies .
ACQUISITION AND RELOCATION
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA)
generally applies to projects involving acquisition , rehabilitation or demolition of real property .
In some cases , the use of CDBG funds in a project involving demolition or conversion of lower
income dwellings may also trigger another Federal law under Section 1 04 (d) of the Housing and
Community Development Act of 1974.
HUD issued CPD Notice 14 -09 which provided guidance concerning the October 1, 2014
effective date of Moving Ahead for Progress in the 21st Century Act (MAP-21) that changed
payment limits and replacement housing payment eligibility criteria in the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 , as amended (URA). The revised
regulations at 49 CFR part 24 are consistent with MAP -21 , which other proposed changes
underway.
The following changes to the URA become effective on October 1, 2014.
Residential Relocation:
• Length of occupancy requirement to receive Replacement Housing Payment for
homeowner occupants is reduced from 180 days to 90 days [42 U.S.C. 4623(a)(l) and 42
U.S.C. 4624(b)];
• Maximum Replacement Housing Payment for displaced 90 day (formerly 180 day)
homeowner-occupant increased from$22 ,500 to $31 ,000 [42 U.S.C. 4623(a)(l)]; and
• Maximum Replacement Housing Payment for displaced 90 day residential tenant
increased from $5,250 to $7 ,200 [42 U.S .C . 4624(a)].
Nonresidential Relocation:
• Maximum Reestablishment Expense Payment increased from $10,000 to $25,000 [42
U .S.C.4622(a)(4)] and
• Maximum Fixed Moving Expense Payment increased from$20 ,000 to $40 ,000 [ 42
U .S .C.4622(c)].
29
A. ADMINISTRATION & PLANNING
CDBG funds can be used for administrative and planning activities. Funds under these
categories are subject to the 20% statutory limitation.
The following are eligible administrative activities:
• General management, oversight and coordination
o Providing local officials and citizens with information about the CDBG program;
o Preparing budgets and schedules;
o Preparing reports;
o Monitoring program activities
• Fair Housing Activities;
• Indirect costs; and
• Submission of applications for Federal programs.
Eligible planning activities are the following:
• Comprehensive plans;
• Community development plans (i.e. Conso lidated Plan);
• Functional plans (i.e. land use, economic development, floodplain management,
transportation, historic preservation, etc.).
• Other plans and studies (i.e. neighborhood plans, capital improvements, individual plans,
historic preservation studies, etc.).
Any costs and time charged must be documented through the appropriate means such as
invoices, receipts, time and attendance records, etc. Documentation shall be kept on file and will
be reviewed at financial monitoring.
Under this category, CDBG funds may not be used for the following activities:
• Engineering, architectural and design costs related to a specific project; or
• Other costs of implementing plans.
These costs may be eligible as part of an eligible project.
30
Calculating Planning and Administration Cap
In accordance with 24 CFR 570 plmming and administration costs are capped at 20% of the sum
of grant plus program income plus reallocated funds.
Calculating the cap example:
Total grant amount
Program income & reallocated funds
Total: the basis for calculating the cap
Multiplied by 20 percent
Maximum dollar level that may be charged
B. PUBLIC SERVICES
$22 7 ,500
$2,500
$230,000
X0.20
$46,000
The total amount of CDBG funds expended for public services activities must not exceed 15% of
the yearly allocation of funds plus 15% of program income received within the program year.
According to 24 CFR 1 05(a)(8) allows the use of grant funds for public service activities,
including but not limited to:
-Employment services (e.g. job training);
-Crime prevention and public safety ;
-Child care;
-Health services;
-Substance abuse services (e.g. counseling and treatment);
-Fair housing counseling;
-Education programs;
-Energy conservation;
-Services for senior citizens;
-Services for homeless persons;
-Welfare services (excluding income payments);
-Down payment assistance; and
-Recreational services.
CDBG funds may be used to pay for labor , supplies, and material as well as to operate and/or
maintain the portion of a facility in which the public service and located. This includes the lease
of a facility, equipment and other property needed for the public service.
31
For the public service to be eligible , the service must be either 1) a new service; or 2) a
quantifiable increase ( 10%) in the level of an existing service be which has been provided by the
entity through state or local government funds in the 12 months preceding the submission of the
City of Jefferson's Consolidated Plan Annual Action Plan to HUD.
Income payments by HUD regulations for entitlement communities have restrictions. Income
payments are payments to an individual or family, which are used to provide basic services such
as food, shelter (including payment for rent, mortgage and/or utilities) or clothing. Income
payments are not to exceed three consecutive months; and the payment are made directly to the
provider of such services on behalf of an individual or family. Political activities are considered
an ineligible activity.
C. TIMELY DISTRIBUTION OF FUNDS
CDBG funds are to be distributed in a timely fashion. Timeliness refers to how quickly funds
are able to be committed and expended. It is vital that every effort is made to quickly distribute
and use funds.
Timeliness is defined as the annual grant being obligated within 15 months of the City signing a
grant agreement with HUD.
If the City was to award funds to sub grantees , obligation means the date which the City
officially announces the selection of its awards to the sub grantee. Obligation could mean the
following:
• Contract;
• Letter;
• Press release;
• News announcement; and/or
• Public Notice.
Currently there are no timely regulatory requirements in either the statute or regulations. HUD
tracks expenditures through the Line of Credit Control System (LOCCS). Through this system
several reports can be created by HUD staff such as the Ratio of Unexpended Funds to Grant,
Ratio of Funds Expended in the Last 12 Months to Grant, Expenditure Report and National
Chart.
D. PROGRAMINCOME
Program income is the gross income received by the City of Jefferson which was directly
generated from the use of CDBG funds. Program income is treated as additional CDBG funds
subject to all requirements.
32
Examples of program income include:
• Proceeds from the sale or lease of property purchased or improved with CDBG funds;
• Funds collected through special assessments on properties not owned and occupied by
LMI households in order to recover the CDBG portion of a public improvement.
Program income does not include:
• Any income received in a single year by the City and its sub grantees, that does not
exceed $35 ,000; and
• Amounts generated and kept by a nonprofit development organization under 1 05(a)(15).
Program income must be disbursed prior to the drawdown of additional funds from IDIS .
Therefore program income works on a last in first out scenario.
E. UNIFORM ADMINISTRATIVE REQUIREMENTS
In accordance with 24 CFR Part 85 the City of Jefferson must adhere to certain administrative
requirements. These requirements include OMB Circular A-87 "Cost Principles for State , Local
and Indian Tribal Governments ". This circular establishes principles and standards for
determining allowable costs under Federal grants.
Non-profits are required to comply with OMB Circular A-122 "Cost Principles for Non-Profit
Organizations ". This circular establishes principles for determining allowable costs under
grants , contracts and other agreements with nonprofit organizations.
In addition, local governments and nonprofit organizations are required to comply with OMB
Circular A-133 "Audits oflnstitutions of States , Local Governments and Nonprofit Institutions ".
For additional information on uniform administrative rules for Federal grants and cooperative
agreements visit http://www.hud.gov/o ffices /le ad/library/lead /24 CFRPART 85.pdf
F. AUDIT REQUIREMENTS
The City of Jefferson's fiscal year runs from November 1 through October 31 . Each year since
1996 the City has been awarded the prestigious national Certificate of Achievement for
Excellence in Financial Reporting. In order to be awarded a Certificate of Achievement, the City
must publish an easily readable and efficiently organized CAFR whose contents conform to
program standards. The CAFR must satisfy both generally accepted accounting principles and
applicable legal requirements .
The City currently grants out the CDBG funds to sub-recipients. The City of Jefferson has
measures in place to ensure that the sub-recipients are aware of federal expenditure thresholds of
$750 ,000 , audit requirements, timeframes , and applicable OMB principals .
33
G. CITIZEN PARTICIPATION
The City shall follow its Citizen Participation Plan. Any changes to this plan shall be approved
by the City Council. The City shall hold public hearings at least two times per year and
encourage public participation during preparation of the five year Consolidated Plan, Annual
Action Plan and the Consolidated Annual Performance Evaluation Report (CAPER).
H. RECORD RETENTION PERIOD
Under the uniform administrative requirements of the CDBG regulations , the City is required to
retain CDBG records for a period of not less than four years . The record retention period begins
from the date of submission of the CAPER in which the specific activity is reported on for the
final time rather than from the date of submission of the final expenditure report for the award .
To be consistent with Consolidated Plan regulations, which require that grantees maintain
information and records relating to the Plan and the use of funds under the programs covered by
the Consolidated Plan, record( s) must be maintained for a period of not less than five years .
I. INTERNAL CONTROLS
The CDBG program is administered by the Redevelopment and Grants Division within the
Department of Planning and Protective Services. Other individuals and /or depatiments play a
key role in the day to day of the CDBG program such as the City Administrator, City Counselor,
Director of Department of Planning and Protective Services , Purchasing Agent, Chief
Accountant, and Housing Inspectors.
The Neighborhood Services Coordinator serves as the Director of the Redevelopment and Grants
Division. See Table 1 for Organizational Chart. This position is under general direction of the
Department of Planning and Protective Services Director. The Neighborhood Services
Coordinator plans, organizes and oversees the programs , services and operations of the
Community Development Block Grant Program.
The Neighborhood Services Specialist and Grant Assistant are under the direct supervision of the
Neighborhood Services Coordinator. These person(s) are responsible for obtaining proper
documentation for the homeowner support programs , set up and management of the IDIS system
and performs a variety of technical tasks relative to assigned area of responsibility .
Senior Housing Inspector & Property Inspector assists with identifying code violations for the
Code Deficiency program . During the course of the program, if rehabilitation activities may
disturb lead based paint the Senior Housing Inspector will obtain a sample and complete a test to
determine if the sample contains lead based paint. Both individuals are EPA Lead Certified.
34
J. IDIS DRAWS
IDIS drawdowns will be completed at least quarterly , but most preferabl y monthly, for
expenditure of funds completed the prior month.
The following sequence is completed for preparation of a draw from HUD's IDIS system:
K.
1. E ach month the-Neighborhood Services Specialist, in cooperation with the department's
Administrative Assistant, prepares supporting documentation for the CDBG drawdown
using Springbrook software.
2.
3.
4 .
5 .
6 .
7 .
The Neighborhood Services Coordinator and the Director of P lanning & Protective
Services reviews and approves the drawdown package.
The drawdown and supporting documentation is referred to the Finance Department for
review and approval.
Then the approved/signed RFF is returned to the department for drawdown completion
from IDIS.
An email is generated to the Chief Accountant, or his/her representative , with a copy of
the IDIS Voucher as proof of draw completion.
The Chief Accountant notifies via email when the ID IS Draw is approved and when
funds have been received.
Finance Department receives a copy of the IDIS Draw and Voucher(s).
EQUIPMENT MANAGEMENT AND DISPOSITION
The following items are suggested for management and disposition guidelines for equipment
purchased with CDBG funds .
• Maintain property records which contain: property description, serial number or ID
number, funding source (grant number), title holder, acquisition date and cost, percentage
of Federal participation in original acquisition cost, location, use and condition or
property, disposition date , date or disposal and sales prices.
• Take a physical inventory of equipment and reconcile results with property records every
two years
• Establish a control system for adequately safeguarding property against loss , damage, and
theft.
• Establish maintenance procedures for keeping property in good condition.
• When selling equipment purchased with CDBG funds , proceeds from sale must be kept
as program mcome.
• E stablish proper sales procedures to ensure highe st possible return.
• Must follow HUD disposition instructions when equipment is no longer needed .
35
Within IDIS , the Grantee/PI Project ID field will be utilized to include our in -house project
numbers for each property assisted with CDBG funds. By utilizing the Grantee/PI Project ID
field the City's records will be able to correlate , document and associate exactly how CDBG
funds were spent.
The following is a listing of suggested project funding:
• Code Deficiency = Y r-CD-0 1
• Energy Efficiency = Y r-EE-0 1
• Emergency Repair = Yr-ER-01
• Down Payment= Yr -DP-01
• Public Services= Yr-PS-01
Program files are kept for each individual applicant. Each file contains a checklist of items
required throughout each step of process. The fi les contain app lications, income verifications,
Tier II Environmental Review, reports , correspondences, contracts , deeds , etc.
As part of the application process voluntary racial and ethnicity information is collected. The
information is then entered into IDIS by the time of the completion of the individual project.
For additional information regarding IDIS visit https://www.onecpd.info/resource/2825 /idis-
training-modules-for-cdbg-entitlement-grantees/ .
36
CALENDAR OF EVENTS
Th e fo ll owing is a co py of events th at were due for Program Year 2 01 5. T h e reports and plans
have the same required submission time frame to HUD year after year.
January
1 Beginning of Program Year 16
31 SF -425 Federal Financial Repor·t Due for October 1 -December 31
February
15 Hold Public Hearing for CAPER PY 15 (Requires 15 day comment period)
March
7 Last day of CAPER comment period
31 Section 3 Annual Report (HUD 60002) Due
31 CAPER due to HUD
31 Davis-Bacon Report (HUD 4710) for November 1, 2015 -March 31,2015
31 100% ofPY 15 Funds Obligated
April
10 NSP Quarterly Report Due for· January 1-March 31
30 SF -425 Federal Financial Report Due for January 1 -March 31
May
TBD
June
TBD Hold Public Hearing for Consolidated Plan/Action Plan Kick-Off
July
10 NSP Quarterly_ Report Due April1 -June 30
31 SF -425 Federal Financial Repor·t Due for April1 -June 30
August
TBD
September
15 Hold Public Hearing for 2017 Annual Action Plan (30 Day Comment Period)
30 Last Day of Reporting Period for MBE/WBE Contracts over $10,000
October
10 NSP Quarterly Report Due July 1 -September 30
15 Last Day for Comment for Annual Action Plan
Present Annual Action Plan to Public Works & Planning Committee
30 Annual Action Plan 30 Day Public Comment Per·iod Ends
31 SF -425 Federal Financial Repor·t Due for July 1 -September 30
31 Davis-Bacon Report (HUD 4710) for· Apl'il1-October 31
November
2 Council Approval by Resolution of Consolidated Plan and/or Annual Action Plan
15 Consolidated Plan/Action Plan Due to HUD
15 MBE/WBE Contract/Sub Contract Repor·t (HUD 2516) Due 10/1115 -09/30/16
December
31 End ofProgram Year 16
31 90% of Program Year 16 Funds Obligated
3 7
MONITORING OF SUB RECIPIENTS
The Redevelopment and Grants staff shall monitor all sub recipients to ensure program
compliance. Staff will utilize both "desk monitoring " and "internal/on -site " monitoring to assess
the quality of program performance over the duration of the agreement or contract. Internal /on-
site monitoring requires at least a two week written notification to the sub recipient.
Monitoring of sub recipients shall concentrate on program , financial and regulatory performance
of the sub recipients. In conducting a monitoring review , program staff will primarily rely on
information obtained from the sub recipient 's performance reports , records, audits , allowed
costs, review of financial reports, eligibility and number of beneficiaries served , compliance with
federal regulations and City program requirements. Staff may also consider relevant information
pertaining to a recipient's performance gained from other sources including litigation, citizen
comments and other information provided by or concerning the sub recipient.
A sub recipient's failure to perform under the terms of the agreement with the City of Jefferson
and/or maintain records in the prescribed manner may result in a finding that the sub recipient
has failed to meet the applicable requirement. If the staff finds that a sub recipient has failed to
meet the requirements the following steps will be taken:
1. Issue a letter of warning advising the sub recipient of the deficiency and putting the sub
recipient on notice that additional action will be taken if the deficiency is not corrected or
is repeated;
2. Recommend , or request the sub recipient to submit proposals for corrective actions ,
including the correction or removal ofthe causes of the deficiency.
If the sub recipient fails to undertake appropriate corrective or remedial actions which resolve the
deficiency to the satisfaction of the program staff, the staff may take one or more of the
following actions . Such actions shall be designed to prevent a continuation of the performance
deficiency; mitigate , to the fullest extent possible , the adverse effects or consequences of the
deficiency; and prevent a recurrence of the deficiency . Prior to a reduction, withdrawal or
adjustment of a grant or other appropriate action, taken to pursuant to 1, 2 or 3 below, the
recipient shall be notified of such action and given an opportunity within a prescribed time
period for an informal consultation.
These actions may include but are not limited to:
1. Advise the sub recipient in writing that additional assurances are required ;
2. Advise the sub recipient to suspend disbursement of funds for the deficient activity ;
3. Advise the sub recipient to reimburse the City of Jefferson program account in any
amounts improperly expended.
4. The City of Jefferson shall have the same rights as the Secretary ofHUD as to other
remedies for noncompliance per 24 CFR 570.912 and 24 CFR 570 .913
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CHAPTER 2: HOMEOWNER SUPPORT PROGRAMS
The purpose of the Homeowner Support Program is to assist low-to-moderate income
homeowners with repairs to meet health and safety standards; to provide the opportunity to
realize measureable energy savings; assist with emergency repairs and/or provide down payment
assistance to first time home buyers.
Section 1: Homeowner Support Program
Home Repair Program: Homeowners who live in single family residence within Jefferson City
limits that need exterior repairs and that do not meet city code and/or energy efficiency
improvements. Maximum assistance per home is $5,000 no interest loan . Loans will be secured
by a deed of trust. If the owner remains in the property for five years after the repairs are
complete, the loan will be forgiven.
Emergency Assistance Repairs: Emergency assistance must be necessary to safeguard against
imminent danger to human life, health or safety . Homeowners must live in single family
residence within Jefferson City limits. Maximum assistance per home is $5,000 no interest loan.
Loans will be secured by a deed of trust. If the owner remains in the propetiy for five years after
the repairs are complete, the loan will be forgiven.
A. Eligibility & Assistance Amounts
Assistance is provided on a "first come , first served " basis to eligible applicants , a limited
number will be processed as funding permits. Maximum assistance is $5 ,000. If costs exceed this
amount, the owner is responsible for the difference. Additional funds up to $500 may be
available for lead hazard mitigation and/or if the property is on the National Register or within a
Historic District which may require using "like " materials from the time era of the construction .
1. The applicant househo lds must be at or below 80% of the median family income as
defined by HUD to participate in the Homeowner Support Programs at the time their
application is processed.
2 . The property must be a single family residence located within the City Limits and not
within a designated floodplain area or on land known to be the site of previous dumping
of toxic or hazardous wastes. Mobile homes are not eligible.
3 . The property must be owner-occupied and have clear title. If the property is owned by
more than one individual , all owners must sign required legal documents relating to the
rehabilitation project, including, but not limited to, the deed of trust and rehabilitation
contract, even if they do not reside in the property to be rehabilitated
4. For properties constructed before 1978 , the City's approach to Lead Based Paint is to do
no harm. Testing may be conducted on surfaces to be disturbed, unless presuming the
39
surfaces contain lead-based paint. Surfaces disturbed during rehabilitation work will be
repaired. Safe work practices shall be used on all surfaces.
5. The applicant and/or the structure for which the application is being made cannot
previously have received a City of Jefferson Homeowner Support Program loan or grant
for owner occupied housing rehabilitation within the past 5 years. Participation in the
Emergency Assistance or Down Payment Assistance program does not exclude the
homeowner from the Home Repair program.
6. The applicant must sign a Promissory Note and Deed of Trust for the loan amount.
7. Payment of real-estate taxes must be current and not have any delinquent taxes, liens ,
assessments or other fees due to the City.
8. The applicant shall have established trash service.
9. If at any point during the steps the applicant does not provide required documentation
within requested time frames, he/she shall be notified of inactive status by mail or email.
10. Income qualification is good for six months at which time applicant must re-certify.
11. Projects must be complete in one (1) year or the homeowner will have to reapply for the
program.
12. Should a project be determined infeasible for rehabilitation due to a lack of funding or
not meeting the eligibility criteria of any of the Homeowner Support Programs, the City
reserves the right to reject the owner's application.
B. Income
The income of a household includes the gross annual income of all persons 18 or older in the
home who are expected to reside in the dwelling at least six months out of the year. The
applicant's family includes the applicant and any other person or persons related by blood,
adoption, unborn child/children, adoptions in progress , legal guardianship, and/or marriage that
share the same dwelling unit. If more than one family resides in a unit or where unrelated
individuals are paying rent to the owner occupant, than each family or unrelated individual must
qualify as being income eligible. If there are multiple owners ofthe property, the applicant is the
owner-occupant and his/her family. The annual income of each household is established by
projecting income for 12 months from the time applicant's name is reached on the waiting list
and includes all sources of income included as Annual Income in the American Community
Survey definition of income. Applicants are asked for proof of each source of income listed on
their application. This may be accomplished through signing an authorization for third-party
verification, by submitting a copy of their latest tax information, or by other approved methods
acceptable to HUD and the City's Planning & Protective Services staff.
40
C. Repayment
No repayment of any kind is required as long as the recipient continues to own and occupy the
property for 5 years after assistance. In the event that the property receiving assistance is no
longer owned or occupied by the recipient within the 5 years , the balance shall be paid in full.
D. Eligible Costs
Funds are to be used for improvements deemed necessary by Department of Planning &
Protective Services staff, including, but not limited to , one or more of the following:
1. Work necessary to meet code standards for the City of Jefferson and HUD.
2. Building permits and related fees.
3. Addressing lead -based paint hazards identified by a risk assessor.
4 . HVAC equipment repair or replacement.
5. Energy efficiency improvements.
6. Structural repairs.
7 . Emergency health and safety projects.
In determining if a system should be repaired or replaced , staff will determine the age of existing
system and compare to the average life expectancy for the system. Life expectancy varies with
usage , weather , installation, maintenance and quality of materials. This list should be used only
as a general guideline.
System YEARS
Air Conditioner 7 to 15
Furnance 15 to 25
Water Heater 6 to 12
Windows
-Aluminum/ Aluminum-Clad 15 to 20
-Double-Pane 8 to 20
-Window Glazing 10+
-Vinyl Windows 20 to 40
-Wood 30+
Note: All materials , fixtmes , equipment, or landscaping shall be of a quality customarily used in
the neighborhoods for properties of the same general type as the property to be assisted.
E. Ineligible Costs
Except as otherwise provided in this section , funds shall not provide funding for adding rooms ,
creating finished living space from unfinished areas (i .e., garages and basements), exterior
improvements such as fencing and landscaping , replacement of items determined to be in good
condition by Planning & Protective Services staff, and purchase and installation of appliances,
such as refrigerators, stoves , window air conditioning units.
41
F. Work Write Up
For the Home Repair and/or Emergency Assistance Program the City's Housing Inspector staff
shall prepare a deficiency list and work write -up in accordance with the City's Code Standards ,
to document the work to be assisted with grant and loan funds.
G. Change Orders
The Department of Planning & Protective Services staff, with the consent of the property owner,
may approve change orders to the work write-up if the amount of the contract is not increased
more than $1,000. Changes in excess of $1 ,000 must be approved by the Neighborhood Services
Coordinator, with the consent of the property owner. All change orders shall be prepared by the
Depmiment of Planning & Protective Services staff and shall be signed by the property owner, or
the designated representative of the property owner, a representative of the City Department of
Planning & Protective Services , and the contractor.
H. Contractors and Bid Process
The Planning & Protective Services staff will develop a qualified contractor list containing the
names of all contractors meeting the eligibility requirements. Minority and female owned
contractors will be encouraged to participate. The contractor list is not an endorsement, but rather
a list of interested businesses interested in providing bids and/or work with program participants.
In order to qualify for the list, contractors must meet the following requirements:
1. Must fill out the contractor application form.
2. Must carry Worker's Compensation Insurance for all employees as required by the State
of Missouri.
3. Must carry liability insurance at the minimum amount of$100,000.
4 . If undertaking lead abatement activities, the general contractor must have a current
supervisor's license and abatement contractor's license from the Missouri Department of
Health.
5. Either have completed an EPA approved Lead Renovator training or hire an individual or
company who is EPA Lead Certified before undertaking any job disturbing lead painted
surfaces.
6. All contractors must be properly licensed by the city.
7. Must be able to supply the tools and materials necessary to complete each job.
8. References may be requested for at least three jobs completed.
42
I. Non-Performing Contractors
Contractors who consistently exhibit poor workmanship or do not complete contract
requirements will be eliminated from the contractor list. Contractors who do not complete
their contracts within an allotted time period will not be eligib le to submit bids for additional
projects until they are in compliance within the appropriate contract time period. Contractors
that do not honor the warranty provisions of their contract will be eliminated from the
contractor list.
J. Contractor Selection
1. Contractors will be asked to submit an itemized bid containing a firm amount for each
item on the work write -up for all housing repair programs . Homeowners are responsible
for obtaining at least 3 bids within 30 days . With written permission of the homeowners ,
the City may mail bids to all contractors on the list.
2. A contractor is limited to three active contracts at a time through the Homeowner
Programs. In all cases , the city reserves the right to reject any and all bids and reserves
the right to eliminate bid items to meet the maximum loan amounts.
3. Once bids are submitted and obtained , the scope of work is not to be added to in order to
make the bid equal $5,000. The scope of work may only be changed if during the course
of the project the contractor uncovers additional work that is required for the original
scope to be of quality.
K. Owner-Contractors
Owner-contractor projects are not allowed in the City's Homeowner programs .
L. Time Frames for Contracts
The contract period for Homeowner Program projects shall not exceed 90 days, except as
approved by Neighborhood Services Coordinator, and then shall not exceed 180 days without
penalty to the contractor. The contract period shall begin when Department of Planning &
Protective Services staff provide contractor with the Notice to Proceed.
M. Application Procedures
Step 1
When applications are received the "Application Response Letter " is sent to notify confirmation
of receipt of application . Create file , assign project number and include copy of correspondence
letter. Complete pre-cursory review of verifying ownership of record, floodplain, etc. If the
property is in the floodplain , send denial letter.
43
If/when funds are available applicants are contacted within 30 days to schedule an interview
appointment to verify income and qualifications.
Income guidelines are updated ann ua ll y . Income limits may be accessed at
http://www .huduser.org/portal/datasets/il.html. Each applicant file shall include print out of
annual Income Limits Summary.
The applicant(s) must provide the following for all adults 18+ years and shall be included in file
for compliance:
1. Social Security Card
2. Picture I.D.
3. Proof of income -use CPD Income Eligibility Calculator which utilizes American Census
Survey worksheet. Must provide copy of past two paystubs and previous year Federal
tax returns for all18+ year olds in household. If on SS or SSI the determination letter will
work. Pension/benefit letters may also be provided. See worksheet for additional
incomes that require documentation.
4 . If there is an adult 18+ in the household who claims no income , the Certification of Zero
Income form must be filled out and signed by the individual.
5. Verify age of home through GIS System County Info for the purposes of determining if
Lead Based Paint is a concern.
6. Verify ownership via GIS (copy of Deed of Trust) County info.
7 . Verify current trash service with City of Jefferson 's Solid Waste Provider.
8. Applicant(s) must sign and date both Eligibility Review Worksheet and CPD Income
Eligibility Calculator forms, copy to file.
9. For properties constructed prior to 1978, provide applicant copy of Lead Based Paint
pamphlet and have Homeowner initial receipt.
10. Sign both forms and turn in to Neighborhood Services Coordinator for approval
signature .
11 . Send Approval/Denial letter to applicant.
44
Step2
Home Repair and Emergency Assistance programs request inspection from City Inspector. If
Code violations are found, continue with Step 3. If no Code violations are indicated , send
applicant denial letter (copy letter to file) based on findings. Department of Planning &
Protective Services staff shall close file.
Step3
Completion of the Tier II must be obtained prior to proceeding with the project. Upon receipt of
inspection report listing code violations or completion of energy audit report , a Tier II
Environmental Report including completing FEMA floodplain map to ensure that property is not
located within the 100 year floodplain , Historic Commission Assessment , SHPO Section 106
Project Information form and Site Assessment form. Once all compliance documents have been
compiled submit Tier II to Neighborhood Services Coordinator for approval. For properties
constructed prior to 1978 ensure that results of the Lead Based Paint test(s) are provided to the
homeowner .
Step4
1. Send Request for Agreement to the legal department.
2. Using the Inspector's or Auditor's repori , fill out the bid form.
3. Give 4 copies to applicant. Applicant must obtain a minimum of 3 bids . Also include lien
waivers for subcontractors and suppliers. Must be given to contractor with bid sheet.
Contractor shall be secured within 30 days or applicant will be placed on "inactive" list.
If circumstances exist such as time of year (i.e. winter) additional time shall be allowed.
NOTE: Contractors must be licensed by the City of Jefferson and provide a certificate of
insurance. If project involves disturbance of lead based paint a Lead Certified contractor
must be used. A lead test prior to rehab , lead safe practices and a lead test post rehab are
required.
4. Contractor must be cleared through the following websites. Print off documentation and
include in file.
a. State's website to check and see if they are registered to do business in the State.
For this website you will have to have to know exactly how they registered their
company. https :/ /bsd . sos .mo . gov /B usinessEntity/BESearch.aspx ?Search Type=O
NOTE: Small time contractor who use their name for business purposes, appear
not to be required to file with the Secretary of State as a business. For situations
like this it may be acceptable to proceed if the contractor has a City Business
License , working history with City (and /or references), and review the Better
Business Bureau to determine a history of complaints filed against the contractor.
45
b. HUD' s debar website. Click on Limited Denial of Participation list & if nothing
shows up for the company they are not debarred with HUD.
http:/ /portal.hud.gov/hudportal /HUD?src=/topics /limited denials of participation
c. Missouri Department of Labor Contractor Debarment List
http:/ /labor .mo. gov /D LS /Prevailing Wage / debarment list
d. System for A ward Management (SAM)
https://www .sam .gov
5. Type up Tabulation of Bids to includ e within project file.
6. Submit bids , tabu lation , debarment website information to Neighborhood Service
Coordinator for award of bid and contract issuance . Th e Neighborhood Service
Coordinator will confer with th e Senior Housing Inspector to determine if bids are fair
and equal.
7 . When the contractor has been chos en, the App lic ant(s) must come in to sign the
following :
• Agreement
• Rehabilitation Contract (b etween homeowner & contractor)
• Notice to Proceed
• Promissory Note (must be notarized)
• W-9 form (submit signed original W-9 & Vendor Request Form to
Administrative Assistant)
8. When work is comp lete , the City Inspector will return to site to approve /deny
completion. When approved , the Inspector will sign the Certificate of Completion and
submit to the Neighborhood Service Coordinator for final signature.
9 . The applicant(s) must come in to sign final documents :
a. Certificate of Completion
b . Notarized Deed of Trust
10 . Submit check request. Be sure to have check returned to you . Include: Bid summary and
bids , In voice , Certificate of Completion , and Notice to Proceed . Make three copies .
Retain one for project files , submit one for Finance Department, Neighborhood Services
Coordinator receives one for IDIS drawdown.
11 . Contact applicant when check is received. Must come in to endorse check over to
contractor and sign notarized statement acknowledging the same.
12 . Contact contractor when check is endorsed. Must come in to sign Lien Waiver. Must
bring lien waiver from subcontractors and suppliers , if any .
46
13. Record Deed of Trust and Promissory Note. When returned , make 3 copies; original to
law, copies to file, homeowner, and IDIS files.
14. Close applicant file , update active/close spreadsheet and lien spreadsheet.
15. Grant Assistant(s) shall check lien spreadsheet periodically to determine if deed of
release is required to be recorded after the completion of the 5 year requirement has been
fulfilled.
SECTION 2: DOWN PAYMENT ASSISTANCE
First-time homebuyers who agree to acquire and reside in eligible residential properties in
Jefferson City limits may apply for down payment assistance prior to closing. Maximum
assistance per home is $5 ,000 no interest loan. Additional $500 may be available to assist with
lead hazard reduction. Anything over $500 will be the responsibility of the buyer or seller.
Loans will be secured by a promissory note and deed of trust. If the owner remains in the
property for five years the loan will be forgiven.
A. Eligibility & Assistance Amounts
Assistance is provided on a "first come , first served " basis to eligib le applicants, a limited
number will be processed as funding permits. Maximum assistance is $5,000. If costs exceed this
amount, the owner is responsible for the difference.
1. The applicant households must be at or below 80% of the median family income as
defined by HUD to participate in the Homeowner Support Programs at the time their
application is processed.
2. The property must be a single family residence located within the City Limits and not
within a designated floodplain area or on land known to be the site of previous dumping
of toxic or hazardous wastes. Mobile homes are not eligible.
3 . The property must be maintained as an owner-occupied residence If the property is
owned by more than one individual , all owners must sign required legal documents
relating to the purchase .
4. The Assistance shall be $5,000, zero interest loan. An additional grant amount of $500 is
also available to offset costs for lead hazard reduction shou ld this become an obstacle to
use of home ownership assistance funds .
5. Applicants must be first time homebuyers (an individual and his/her partner/spouse who
have not owned a home in the past three years), displaced homemakers , or single parents.
A displaced homemaker is defined as an adult who has not worked full time, full year in
the labor force for a number of years, but during such years worked primarily to care for
4 7
his/her home and family, and who is unemployed and experiencing difficulty in obtaining
or upgrading employment.
6. The applicant must sign a Promissory Note and Deed of Trust for amount of total
assistance.
7. The property to be purchased must be an existing sing le-family dwelling . The buyer must
own and reside in the home as his/her primary residence for a minimum affordability
period of 5 years . If the property is sold or rented within the initial 5 year period , the
assistance shall be repaid. The buyer must maintain trash service at all times in
accordance with City Ordinance .
8. The buyer is required to obtain a home inspection from a certified home inspection firm
prior to being approved for assistance. The printed report must include, at a minimum ,
inspection of the structural, mechanical , electrical , and plumbing components of the
dwelling and an inspection for the presence of termites .
9. The City's assistance is to be used only for closing costs and down payment assistance.
10. Applications must be received 30 days prior to the scheduled closing.
11. Participation in a City-approved pre-purchase homebuyer's class must be documented
prior to assistance being provided . Internet courses and/or videotapes for individuals
viewing cannot be substituted for class attendance.
12. The homebuyer shall authorize the City of Jefferson to collect and receive any
information needed from the lender or other sources necessary to ensure eligibility and
funding amount. Buyers shall authorize the City to be provided the final HUD Settlement
Statement and Warranty Deed 24 hours in advance of closing and shall be provided the
Buyer 's signed copy of both documents immediately after closing .
13. Should a home or applicant be determined infeasible for Down Payment Assistance due
to a lack of funding or not meeting the eligibility criteria, the City reserves the right to
reject the application.
B. Income
The income of a household includes the gross annual income of all persons 18 or older in the
home who are expected to reside in the dwelling at least six months out of the year. The
applicant 's family includes the applicant and any other person or persons related by blood ,
adoption , legal guardianship, and /or marriage that share the same dwelling unit. If more than one
family resides in a unit or where umelated individuals are paying rent to the owner occupant,
than each family or umelated individual must qualify as being income eligible . If there are
multiple owners of the property, the applicant is the owner-occupant and his/her family. The
annual income of each household is established by projecting income for 12 months from the
time applicant's name is reached on the waiting list and includes all sources of income included
48
as Annual Income in the American Community Survey definition of income . Applicants are
asked for proof of each source of income listed on their application. This may be accomplished
through signing an authorization for third-party verification , by submitting a copy of their latest
tax information , or by other approved methods acceptable to HUD and the City 's Planning &
Protective Services staff.
C . Repayment
No repayment of any kind is required as long as the recipient continues to own and occupy the
property for 5 years after assistance. In the event that the propet1y receiving assistance is no
longer owned or occupied by the recipient within the 5 years, the loan shall be repaid in full.
D. Lenders Procedure
Families must be approved by a participating lending institution. The lender will be the primary
contact with the City of Jefferson and will forward copies of required documents to staff of the
Planning & Protective Services. Lenders must be willing to provide a copy of the Buyer's
preliminary HUD settlement statement at least 10 days prior to closing and provide final HUD
settlement statement on the day of closing.
E. Property Standards
Upon determining that an applicant meets eligibility criteria, a request for inspection will be
submitted to the program 's inspector, who will have up to two (2) weeks to schedule an
inspection of the property. This inspection must be completed prior to closing to determine if the
property meets requirements of the City 's Property Maintenance Code . Any defects found must
be corrected prior to the release ofhomeownership assistance funds. Are-inspection of the
subject property will be completed to ensure compliance with this requirement. Any code
compliant issue that the inspector determines poses a significant health and /or safety risk must be
corrected.
Houses built prior to January 1, 1978 , must have an inspection to determine if deteriorated paint
exists . Should the amount of deteriorated paint be greater than HUD ' s de minimis standards ( 1 0
square feet of exterior surface , one square foot of interior surface , or 10% of any building
component, i .e. window and door trim), samples will be sent to a lab for analysis. If the paint is
determined to contain lead above BUD's level of concern , paint stabilization of deteriorated
surfaces is required before assistance can be provided. A grant of $500 is available to
participants for lead paint stabilization work. The stabilization must be completed by an
individual or company trained in safe work practices. No assistance will be provided until the
house successfully passes a clearance test performed by a certified lead risk assessor. The City
will cover the cost of two clearance tests . The cost of subsequent tests will be the responsibility
of the buyer or seller.
49
SECTION 3: GRANT CANCELLATION
An approved application may need to be canceled because the applicant has requested
cancellation or is unwilling or unable to participate in the Homeowner program , or for other
reasons. To cancel an approved application , the Department of Planning & Protective Services
shall prepare a letter outlining the reasons for canceling the assistance and distribute the letter to
the applicant. A copy ofthis letter will be maintained in the project file.
A. Appeal & Grievance Procedures
1. Applicants who are not in agreement with a decision reached by the Department of
Planning & Protective Services staff, may appeal said decision by filing a written appeal
to the Housing Rehabilitation Appeals Board (hereinafter called the "Board"), within
thirty (30) days of receiving notice ofthe decision. The Board shall consist of three (3)
members : the Director of the Department of Planning and Protective Services , the
Director of Public Works and the Director of Finance. Appeals will be reviewed that
relate to application approval/denial , Grant cancellation, determination of assistance
amount , determination of scope of work , approval of change orders, and selection of
contractor.
2. The Board shall hold a hearing after due notice to the appellant within thirty (30) days of
filing said notice of appeal. The Board may affirm , reverse or modify the decision and
notify the appellant in writing of its decision and the reasons thereof. After the hearing,
the Board's decision shall be the final procedure of the committee . The applicant may
appeal the Board 's final decision to the City Administrator. The City Administrator, with
the advice of the City Attorney , may reverse or uphold the decision ofthe Board .
3 . Any person denied assistance by the Department of Planning & Protective Services staff
who does not take exception with the findings, but who believes there are circumstances
which , if known and considered , would establish extreme hardship and justify variance
from the eligibility standards established herein may file an appeal with the
Neighborhood Services Coordinator by filing within thirty (30) days of receiving
notification of the Department of Planning & Protective Services staff decision . The
Neighborhood Services Coordinator shall, depending upon the nature of the exception ,
forward such request to the Director of the Department of Planning & Protective Services
whose decision shall be final if the appeal involves an administrative request. Where the
change involves a substantial change in a program rule, the request will be forwarded by
the Department Director to the City Administrator , as is appropriate. Should the appeal
require Council action , the City Administrator shall forward such appeal to the Council
for action . The Department of Planning & Protective Services staff shall provide
assistance to any person filing an appeal.
so
4 . The city will not consider any grievance involving rehabilitation work in cases where:
1. Staff assisted program participants with grievances involving rehabilitation work
within the 1 year warranty period. Assistance will be in the form of access to
information regarding warranty , scope of work , and contractor responsibilities.
Contractors that do not honor legitimate warranty claims will be removed from the
eligible contractor list
11. The certificate of acceptance was signed more than one year before the grievance
process is initiated ; and the aggriev ed party has not documented efforts to have the
contractor return to resolve the matter within the one-year guarantee period after the
ce1iificate of acceptance was signed.
5. Right to Representation: A person has a right to be represented by legal counsel or other
representative in connection with his or her appeal , but solely at the person 's own
expense .
6 . Right to Files by Persons Making Appeals : The City will permit a person to inspect and
copy all materials pertinent to her or his appeal , except materials that are classified as
confidential. The City may , however , impose reasonable conditions on the person 's right
to inspect which are consistent with applicable laws , such as the cost of copying
materials .
7. Scope of Review of Appeal: In deciding an appeal from the Board 's decision , the City
Administrator and /or the City Council shall consider all pertinent justification and other
material submitted by the person, and all other available information that is needed to
ensure a fair and full determination ofthe appeal.
8. Determination and Notification after Appeal : Within thi1iy (30) days after the receipt of
all information submitted by a person in support of an appeal , the Board shall make a
written determination on the appeal , including an explanation of the basis on which the
decision was made , and furnish the person a copy. The City official(s) conducting the
appeal determination shall not have been directly involved in the action appealed. If the
relief requested is not granted , upon additional request , the City shall advise the person of
her or his right to seek Department of Housing and Urban Development review of the
City 's written determination of the appeal. A person has 45 days after she or he receives
the City's written determination of their appeal to file a review appeal with the
Department of Housing and Urban Development
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CHAPTER 3: DEMOLITION
City of Jefferson has a City-wide Demolition Program pursuant to 24 CFR 570 .201 (d) available
to local non-for-profit agencies. The purpose ofthis program is to eliminate structures posing an
imminent threat to the health and safety to neighborhoods .
The program addresses any dwelling , building, structure , or propet1y that is unfit for human
habitation or for commercial , industrial or business use and not in compliance with applicable
codes, has been vacant for one year or more , and /or constitutes an endangerment to the public
health or safety as a result of unsanitary or unsafe conditions.
A. Eligibility
1. Structure must be infeasible to rehabilitate to a HQS code or standard. To meet this
criterion , the costs to rehabilitate the structure must exceed $15,000 , or $15 per square
foot.
2 . All structures must be vacant for a minimum of one year.
3. Property must have clear title , including not having any delinquent taxes , liens ,
assessments , or other fees due to the City.
4. The final use of the property must be consistent with the City's Consolidated Plan and
Neighborhood Plans.
5. The structure must meet the City 's unsafe building ordinance or nuisance ordinance
criteria.
B. Funding Terms
Loans are provided at 0% interest for the cost of demolition. The demolition loan will be fully
forgiven if:
• The property is redeveloped with affordable housing within 3 years as defined by the City
of Jefferson and HUD ; or
• Property is located within the 100 year floodplain or flood way which will require deed
restriction for future development in accordance with City floodplain ordinance.
Loans are secured by a Deed ofTrust. Terms ofloan are determined by amount of assistance. If
the owner retains the property for the applicable loan period then the loan will be forgiven. The
following table lists out the loan periods.
Amount of Assistance Loan Period
Under $15 ,000 5 years
$15,000-$40,000 10 years
Over $40,000 15 years
52
C. Demolition Procedure
All federal , state , and local laws and regulations shall be followed by contractors during the
demolition and disposal of hazardous building materials.
1. Owner submits completed application to the Department of Planning & Protective
Services.
2. Rehabilitation feasibility analysis performed on structure. Staff also verifies
documentation of the building being vacant for at least one year as defined by Section
1 04( d) of the Housing and Community Development Act.
3 . The City completes the environmental review of the proposed demolition site. The
review may take up to 90 days . All Conditions for Approval identified must be adhered to
and documented for compliance.
4. Work-Write Up and Procurement of Contractor
a . City staff develops a work write-up and secures bids from qualified contractors.
b. Applicants may secure demolition bids from qualified contractors, provided that
all City and HUD contractor requirements are met before the bid is awarded.
c. Contract shall not be awarded until Authority to Use Grant Funds is obtained
from HUD.
5. Agreement for Demolition
a. City staff prepares the Agreement containing the terms and conditions of the
funding assistance. This agreement shall be between the City and property owner
and shall include the conditions ofthe closing and loan documents , and a timeline
for completion.
b . Non-Profits must execute a sub-recipient agreement.
c. Notice to proceed is provided to contractor/owner.
8. Construction Inspection Completion and Draw of Funds
a. City staff inspects the completed work. Issues Certificate of Completion.
b . Contractor provides support documentation to City staff for draw of funds
including but not limited to: invoices, lien waivers, and disposal tickets.
c. Deed of Trust is filed for amount of assistance, if applicable.
53
TABLE 1 ORGANIZATIONAL CHART
DEPARTM ENT 10F PLANNING AND PROTECTIV E SERVICES· FY20 15
J~.NlC E MCMILLI!N, AIC P
OEI'ART MENT DIRECTO R
54
TO:
FROM:
DATE:
RE:
DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES
MEMORANDUM
Public Works and Planning Committee
Janice McMillan , AICP , Director
May 16 , 2016
Update of Food Code
The Environmental Health Div ision proposes to update the Restaurant and Food Code by adopting
the 2013 State of Missouri Food Code . The current food code is based on the 2001 FDA Model Food
Code . The City of Jefferson Code, Chapter 28 Restaurants and Food Code, adopted the 2001 FDA
model food code by reference. Current adopted codes may be accessed via the following links :
Chapter 28 of the City Code: http ://www .jeffe rsoncitymo.gov/chap28.pdf
Adopted regulations: http ://document s.jeffcitymo .org/Weblink8/0/doc/349242/Page1 .aspx
The list of significant changes between the current and proposed codes are shown on the attachment
to this memo. Staff proposes to notify affected food establishment operators of the proposed update
by letter, and hold two open houses to receive commen t s and answer questions . The tentative
timeline is as follows :
May 19
Tentative Timeline to Update the Food Code (Chapter 28 of the City Code)
Public Works and Planning Committee : Present update timeline
June 6 and 20
June 13
June 20
July 6
July 14 (Thursday)
July 19 (Tuesday)
July 21
August 1
August 8
August 15
Announcements in Council packet
Publish documents on City webpage
Send letter to clients notifying of proposed update, open house dates
and where to find more information
Press Release , Announce Open House Dates
Open House 3:00PM to 5:00PM
Open House 3:00PM to 5:00PM
Public Works and Planning Committee : Provide update on open houses
Introduce ordinance
Work session if needed
Third reading of ordinance
Public Works and Planning Committee : Update of Food Code Page 2
Below are listed the most significant changes between the current and proposed codes .
Chapter 1-Term inology changes :
• A "cri t ical " violation will be termed a "priority " violation and a "non-critical " violation will be
termed a "core " violation
• Potentially hazardous foods will now be called time/temperature for safety foods
• Cut leafy greens are considered time/temperature for safety foods (need refrigeration). Cut
leafy greens , fresh leafy greens include iceberg , romaine , baby leaf lettuce , escarole , endive ,
spring mix , spinach , cabbage, kale, arugula, and chard whose leaves have been cut ,
shredded , sliced , chopped or torn .
• Added definition of "conditional employee"
• Added definition of "major food allergen "
• Added definition of "non-continuous cooking"
• Added definition of "cook chill packaging and sous vide packaging "
• Added definition of "disclosure "
• Added definition of "reminder "
Chapter 2-Management and Personnel
• 2-102.11 (9)-Food employees must be trained in food allergy awareness
• 2-20 1.11-13-Addition of Norovirus to existing list of reportable diseases
• 2-201 .11-Employee/conditional employee required to notify person in charge when ill.
• 2-201.11 -13-Reorganization and rewording of exclusion, restriction , and reinstatement
requiremen t s
Chapter 3-Food
• 3-501.16-Hot holdings of Time/Temperature for Safety Foods reduced from 140 degrees F to
135 degrees F
• 3-501 .19 (C)-Time as a control methods extended to six hours for food held between 41
degrees F and 70 degrees F.
• 3-502 .11 -Special processes requiring regulatory approval expanded
• 3-401 .14-Specific time , temperature and written procedure requirements to comply with non-
continuous cooking process
• 3-501 .17-Ciarification of date marking for time/temperature for safety foods
• 3-602 .11 (B)-Added major food allergens to food labeling requirements
• 3-603 .11-Consumer advisory now has two components "Disclosure and "Reminder "
Di sclosu re is the asterisking of an item that if served raw or undercooked may increase your
risk of food borne illness . Remi nde r is a written statement about the health risks of
consuming animal foods raw, undercooked or without otherwise being processed to eliminate
pathogens.
Chapter 4-Equipment , Utensils , and Linens
• 4-301 .12 (D)-Use of alternative ware washing methods such as a two compartment sink ,
allowed under certain circumst ances afte r regulatory approval
Public Works and Planning Committee: Update of Food Code Page 3
Chapter 5-Water, Plumbing, and Waste
• Reduction of minimum temperature for hot water at hand sink from 110 degrees F to 100
degrees F.
• 5-203 .13 (B)-Requirement for service sink (mop sink) to have both hot and cold running water
and a floor drain .
• 5-102 .11-5-102 .17-Well and water supply standards that reference Missouri Department of
Natural Resource requirements (found in current Missouri Food Code at www.dhss .mo.gov).
New topics include :
o Guidance for actions taken based on sample results
o Continuous disinfection requirements , and
o Boil orders , advisories and limit use orders
• 5-403 .11-Sewage disposal system requirements that reference Department of Natura l
Resources and Missouri Department of Health (found in current Missouri Food Code at
www.dhss.mo .gov)
Chapters 6 through 8
• No substantial changes are proposed to these chapters .
Department of Public Works Memorandum
320 E. McCarty Street • Jefferson C ity , Missouri 65101 • P 573-634-6410 • F 573-634-6562 • www.jeffcitymo .org
Date : May 17, 2016
To :
From:
Subject:
City staff is requesting the Committee concur with the need to repair the downtown
sidewalks and streets and direct the staff to work with the Finance staff to bring a
$250,000 funding plan to the council for the project. As you may recall, staff had
introduced the Committee to this topic back in February 2016 . At that time, the
Committee took no action. Therefore, staff would like to revisit the issue with the new
committee membership so that they are fully aware of the issue and seek their input.
The issue is that the four-blocks of the downtown streetscape are in need of repair as
well as the street in the vicinity of the same are in rough condition . The original project
was constructed in the summer of 2002 some 14 years ago and is now in need of
maintenance . Staff believes the sidewalks/curbs and streets should all be done at one
time. The planning level cost to do that work is in the range of $200,000 ($1 00,000 for
the sidewalk repair and $100,000 for the street repair and decorative crosswalk
replacement). In addition to this work staff is requesting that an additional $50,000 be
budgeted to investigate how best to bring electrical connections to High Street to
support street fair events and vendor needs .
The electrical investigation will require the City consult with an engineering company as
it is outside of our internal expertise. Staff believes it would be appropriate to do this
work yet this year so that any upgrades would have the potential to be done prior to the
street and sidewalk maintenance.
The most obvious source of funds would be from surplus of the general fund or sales
tax contingency/economic development. Some direction from the Committee on this
issue would be helpful. Please let me know if you have any questions about the topic
prior to the Thursday meeting . Thanks.
Public W o rks' COR E M i ss i on and V alues
improve the ~ommunity -take Qwnership-deliver Results-,!;.mpathize with the customer
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3/23/16 3/23/16 4/6/16 10
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2/12/16 2/12/16 3/9/16 19
2/12/16 2/12/16 3/9/16 19
2/11/16 2/11/16 3/9/16 20
2/11/16 2/11/16 2/25/16 11
2/5/16 2/5/16 3/9/16 23
2/3/16 2/3/16 2/15/16 9
2/1/16 2/1/16 2/15/16 11
1/29/16 1/29/16 2/1/16 1
1/28/16 1/28/16 2/1/16 2
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1/26/16 1/26/16 2/1/16 4
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1/22/16 1/22/16 3/9/16 33
1/21 /16 1/21/16 2/4/16 11
1/17/16 1/17/16 3/9/16 37
1/15/16 1/15/16 1/25/16 5
1/11/16 1/12/16 1/14/16 3
1/11/16 1/12/16 1/13/16 2
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1/2/16 1/12/16 1/29/16 20
1/2/16 1/12/16 1/14/16 9
12/24/15 12/30/15 1/6/16 8
12/21/15 12/23/15 1/6/16 10
12/4/15 12/7/15 12/21/15 12
12/4/15 12/7/15 12/21/15 12
11/28/15 11/30/15 2/23/16 60
11/19/15 11/18/15 2/23/16
10/28/15 10/28/15 12/4/15 25
10/23/15 10/26/15 12/4/15 28
10/10/2015 10/12/2015 10/23/2015 10
10/7/2015 10/8/2015 10/9/2015 3
10/3/2015 10/5/2015 10/22/2015 14
9/15/2015 9/15/2015 9/22/2015 6
9/8/2015 9/14/2015 9/22/2015 8
Missouri American Water
Street Cut and Right-of-Way
ovem er ' -\pn ' N b 1 2013 A ·121 2016
:P-ermit {;or.i!tl~" : t.io
1827 Mississippi 21396
617 Houchin 21395
1900 Summers Way 21394
938 Fairmont Blvd 21393
1209 West Main 21392
127 W Cirlce 21391
1210 Moreland 21390
2207 Merlin 21389
620 Ohio 21388
608 Ohio 21387
Hiqh Street ramp/MO Blvd 21386
207 Vista 21365
2015 Tower 21364
2026 W Main 21363
1428 Bald Hill 21362
513 Gipfert Ln 21361
1805 Bald Hill Rd 21359
1014 Laural 21358
333 Old Gibbler 21357
2210 Melody Dr 21356
400 Donna Bella 21355
618 E High 2154
2025 Edqewood (Hydrent) 21353
2025 Edgewood 21352
1415 Stadium 21351
300 blk E State St 21320
Un ion/Jackson 21319
2109 Edgewood Drive 21318
818 Air View 21317
2500 Orchard Ln 21316
1722 South Ridqe 21315
2000 Meadow Ln 21314
2128 Green Meadow Dr 21313
1308 Moreau 21312
1709 Francis 21311
710 Belair 21310
Hough Park and Kolb 21309
122 Boonville 21308
126 E Circle 21307
2124 Lowell 21306
1200 Moreland 21305
1822 Tanner Bridqe 21304
906 Broadway 21303
810 Stadium 21302
Ridqewood and W McCarty 21301
1322 Hoffman Dr 21235
Southwest and Sunvally 21211
1837 W McCarty 21210
1812 W Stadium Blvd 21209
1228 WestEdgewood 21208
W . McCarty and Manilla 21207
1808 Greenberry x2 21206
2224 Oakview 21205
Oakview/Hillsdale 21204
2619 Schellridqe 21203
319 Meier 21202
400 E Cedar Way 21201
1409 Moreland 21200
MO Blvd and Stadium 21199
213 E Elm 21198
1025 Westwood 21197
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3/27/2015 3/27/2015 6/24/2015 66
3/26/2015 3/26/2015 3/30/2015 3
3/26/2015 3/26/2015 5/7/2015 31
3/19/2015 3/20/2015 4/24/2015 26
3/19/2015 3/20/2015 5/21/2015 45
3/17/2015 3/18/2015 3/30/2015 10
3/6/2015 3/9/2015 3/12/2015 5
3/5/2015 3/6/2015 VO ID
3/3/2015 3/3/20 15
3/3/2015 3/4/2015 3/26/2015 18
2/27/2015 3/4/2015 4/15/2015 33
2/27/2015 3/4/2015 4/15/2015 33
2/24/2015 2/25/2015 3/24/2015 21
2/22/2015 2/23/2015
2/11/2015 2/11/2015 3/12/2015 22
2/9/2015 2/9/2015 3/3/2015 17
2/9/2015 2/9/2015 3/2/2015 32
1/29/2015 1/29/2015 3/30/2015 44
1/25/2015 1/26/2015 1/30/2015 4
1/21/2015 1/21/2015 1/30/2015 7
1/20/2015 1/21/2015 1/27/2015 5
1/19/2015 1/21/2015 1/27/2015 7
1/19/2015 1/21/2015 3/24/2015 47
1/19/2015 1/21/2015 2/6/2015 14
1/17/2015 1/21/2015 2/6/2015 15
1/17/2015 1/21/2015 1/27/2015 7
1/16/2015 1/21/2015 1/30/2015 11
1/11/2015 1/11/2015 1/21/2015 8
1/10/2015 1/11/2015 1/27/2015 11
1/10/2015 1/11/2015 1/20/2015 7
1/10/2015 1/11/2015 2/6/2015 20
1/7/2015 1/9/2015 1/14/2015 6
1/6/2015 1/6/2015 1/21/2015 12
1/1/2015 1/5/2015 2/6/2015 26
1/1/2015 1/15/2015 2/11/2015 30
12/26/2014 12/29/2014 1/20/2015 16
12/26/2014 12/29/2014 1/20/2015 16
Missouri American Water
Street Cut and Right-of-Way
November , -1pn 1 2013 A ·121 2016 ... ................ : perililt :::::::: ~ti~~tk,ii ::::::: .... ::No < . . . .
2601 Schellridge 21196
1901 Bassman 21195
804 Adams 21194
E Elm/Linn 21193
933 Leslie 21192
1312 Lynnwood 21141
313 Hart 21139
100 E Cedar Way 21140
1707 West Main 21137
800 Adams 21138
Satinwood/Brandy Lane 21136
100 Jefferson 21135
2406 James Street 21134
623 Ohio 21133
1313 Moreland 21132
Hibernia/Mokane Road 21130
1900 Stadium 21131
319 Stad ium 21129
205 Boonville 21128
1317 Monroe 21127
312 E Capitol 21126
111 0 Lee Street 21125
1711/1713 Hayselton 21124
217 Stadium Blvd 21123
1419 Houqh Park 21122
209 E Atchison 20982
Jackson/Stadium 20983
419 Oak Valley Ct 20980
1902 Stadium Blvd 20981
Dunklin/Jefferson 20979
9091ndiana 20978
1104 Madison St (in ally) 20977
1808 Crader Dr 20973
11 0 block Jackson 20974
Boonville and Norris 20975
W . McCarty and Hart 20976
719 Jefferson 20972
1212 Moreland Ave 20971
2717 Lola Dr 20970
1924 Hayselton 20968
525 E Hiqh 20969
Dunklin and Jefferson 20967
104 N . Taylor 20966
400 E Hess Way 20965
117 E Circle 20958
412 E Cirlce 20960
401 Capitol 20963
319 Meier 20964
823 Primrose 20957
917 Moreau 20961
414 Hess Way 20959
Boonville and West Main 20956
Moreland and Moreau 20953
1320 More land 20954
2306 Hillsdale 20955
2503 Industrial Drive 20952
300 Berry St 20951
1902 MO Blvd/Beck St 20949
413 Beck St 20950
1308 Houchins 20947
Dunklin and Houchins 20948
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. . . . . . . . . . . ............ :: o~t~ << oiMwoik oate calied O<i}is . . . . . . . . . . . ............ c<>ilii>iete:d • ::::::i:kin:e :< :: ·:·:·10 :·: Active: . . . . . . . . . ..
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1112712014 121112014 1211512014 14
1111812014 1111912014 1211512014 18
1111412014 1111712014 121212014 18
1111312014 1111712014
1012812014 1012912014 121212014 22
1011612014 1012012014 111412014 13
1011312014 1011612014 111412014 15
10/7/2014 101912014 1011912015 10
911612014 911712014 101112014 10
91812014 91812014 911712014 9
812212014 812612014 101712014
812112014 812212014 911512014 14
811612014 81112014 111412014 65
713012014 713112014
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712312014 712512014 811112014 19
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7/7/14 718114 7115114
715114 718114 1013114 58
711114 713114 8114114 21
6130114 711114 7115114
6130114 713114 7115114
6120114 6123114 7115114
616114 619114
614114 615114 4120115
5127114 5128114
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5113114 5114114
518114 5113114 5114114 6
511114
4129114 4129114 516114 7
4128114 11117114
4128114 4129114 5115114 17
4128114 4129114 511114 3
4128114 4129114 516114 8
4126114
4124114
4123114
4116114
4116114
4116114
4/7/14
412114
412114
3118114
3/7/14
2128114
2124114
2121114
2118114
2118114
2113114
2111114
214114
213114
1120114
1120114 1120114 516114 106
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Missouri American Water
Street Cut and Right-of-Way
November ' -\prl ' 1 2013 A '121 2016
·>>>>>>>>:-:-:-:-:-:-:.:.:.:-:-:-:-:-: :-:: . . . .
: P~rmlt •::: • • • •:: • • • •: •::: ~oeati~n • • •:: •: •: :: · · : f..!<>:
Donald Dr 20946
Donald Dr 20945
1924 Hayselton 20944
837 Crestmere 20943
501 Mesa 20942
2600 Schellridge 20941
1605 Bald Hill Rd 20940
DoqwoodiBuehrle 20939
212 Broadway 20938
2500 Country Club 20937
Rid<:~eway and Oakview 20936
East Miller and Marshall 20934
421 Un ion 20935
1827 W. McCarty 20933
West Ashley and Mulberrv 20860
200 block of S . Bluff Street 20859
1319 E Elm Street 20856
1 03 East Circle 20857
700 Block of Michi<:~am 20858
2025 West Ed<:~ewood Dr 20854
Hiebernia 20855
1429 Dixon Drive 20853
1502 Greenberrv 20852
114 Ridqeway 20851
1120 Lee Street 20850
400 Block Jackson 20848
1306 West Main 20849
1505 Stadium 20847
327 Fox Creek 20845
West Main and MO Blvd 20844
Industrial and Jaycee Dr 20842
321 Wilson Drive 20841
4411 Industrial 20840
1101 Industrial Drive 20839
Hillsdale and Binder 20837
505 Meier Dr 20836
421 Ladue Rd 20835
700 Block SW Blvd 20830
102 Vista 20832
1308 Cottage Lane 20833
2215 Hillsdale 20834
206 John St 20831
300 Block East Hiqh 20829
606 Washinqton Street 20828
2107 Buehrle Dr 20825
1010Holly 20826
Maryland and Lowell 20827
2940 Valley View Drive 20824
1215 Edqewood 20822
1801 Notre Dame 20823
104 W . Franklin 20821
HiberiaiMokane Road 20820
Locust I Walsch 20819
Edmonds I Dulle 20818
2708 Twin Hills 20817
306 N Lincoln 20815
Pondarosa Street 20816
100 Blk East Ashley 20814
317 Stadium 20813
216-218 McKinley Street 20811
1408 East Hi<:~h (Alley) 20812
1314 Moreau Drive 20751
311 E Hiqh Street 20752
DouQias I Wayne 20749
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Closed -Driveway question
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Missouri American Water
Street Cut and Right-of-Way
ovem er -lprt ' N b 12013 A ·121 2016
• r.:errolt ·t hi<~tin h· • <J..t<>>
130 Boonville Road 20750
1120 Carol Street 20748
1515 Rosewood 20747
708 Wicker Lane 20746
710 Wicker Lane 20745
McCarty Street I Manilla 20743
Pierce I Edwards 20744
1504 Bald Hill Road 20742
1122 East Atchison 20741
1505 Southwest Blvd . 20739
Marilyn I Oakview 20740
1306 Emmience 20737
623-625 W McCarty Street 20738
709 E McCarty Street 20734
2107 Rear Mo . Blvd . 20735
200 Blk Filmore 20736
719 Wicker Lane 20733
2109 Edgewood Drive 20731
1119 Darlene 20732
636 Belmont 20730
1210 Edgewood 20729
1310 East High Street 20728
603 Meir 20726
Westwood I Wood Cliff 20727
3032 Oak Valley Drive 20723
1901 Bassman 20724
316 Ash Street 20725
Satinwood Drive I Melody 20722
2207 Schell Rid~e 20720
1822 Cedar Rid~e 20721
2212 Oakview Drive 20843
2600 Jason Road 20838
138 Forest Hill 20753
1225 Hiqh Cliff 20754
1551 Bald Hill Road 20755
619 Houchin 20846
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