HomeMy Public PortalAbout2018-12-13 packetNotice of Meeting & Tentative Agenda
City of Jefferson Public Works & Planning Committee
1) Introductions
Thursday, December 13, 2018
7:30a.m.
John G. Christy Municipal Building , 320 East McCarty Street
Boone/Bancroft Room (Upper Level)
TENTATIVE AGENDA
2) Approval of the November 8, 2018 Committee meeting minutes
3) New Business
1. Grant Application for the Volkswagen Trust Government Truck Program (Britt
Smith)
2. Handiwheels ADA Recertification (Mark Mehmert)
3. Wastewater Pretreatment Ordinance (Eric Seaman)
4 . CDBG 2019 Policy and Procedures Manual (Jayme Abbott)
5. Discussion of a Board of Appeals for the Planning and Protective Services
Division of Building Regulations (Larry Burkhardt)
4) Other Topics
5) Citizen opportunity to address Council/Staff on Stormwater and Other Public Works
Issues
6) Adjourn
NOTES
Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as
required under the Americans with D isabi l ities Act. Ple ase allow three business days to process the req uest.
Please call (573) 634 -6410 w ith questions regard ing agenda items .
MINUTES
JEFFERSON CITY
PUBLIC WORKS AND PLANNING COMMITTEE
Boone/Bancroft Room
Committee Members Present:
Ron Fitzwater
David Kemna
Mark Schreiber
Laura Ward
Committee Members Absent:
Ken Hussey
Staff Present:
John G. Christy Municipal Building
320 East McCarty Street
November 8, 2018
Matt Morasch, Director of Public Works
David Bange, City Engineer
Britt Smith, Operations Division Director
Mark Mehmert, Transit Division Manager
Eric Seaman, Wastewater Division Director
Sonny Sanders, Director of Planning and Protective Services .
Ryan Moehlman, City Counselor
Steve Crowell, City Administrator
Brenda Wunderlich, Administrative Assistant
Attendance
7 of7
6 of7
7 of7
6 of7
6 of7
Vice Chairman Fitzwater called the meeting to order at 7:30a.m. A quorum was present at this
t\me. The following guests were present: Paula Johnson, 2612 E Schellridge; Eric Landwehr, Cole
County Public Works; Paul Samson, CMPS; and Nicole Roberts, News Tribune.
1. Introductions
lntrodt.ictions were made at this time.
2. Approval of the October 11, 2018 Committee meeting minutes
Councilman Schreiber moved and Councilman Kemna seconded to approve the October 11,
2018 minutes, motion carried.
3. Old Business
1. Schellridge Traffic Study (David Bange)
Mr. Bange explained staff re-examined the traffic signal warrants at the intersection and again
found that none of the traffic signal warrants are met.
There was discussion among Committee members, staff, and those present regarding cost of
a stop light, the possibility of a roundabout, vehicles speeding and enforcement of speed limit, putting
in speed bumps, and signage for Schellridge.
Minutes/Jefferson City Public Works and Planning Commmee
November 8, 2018
4. New Business
1. Pavement Management Project (Britt Smith)
Mr. Smith requested the Committee's support in forwarding a contract to the City Council for
hiring Anderson Engineering, Inc. to conduct a Pavement Management Analysis and Asset
Management Inventory Project.
Councilman Kemna moved and Councilwoman Ward seconded to forward the contract to the
City Council with recommendation to approve, motion carried.
2. Snow Plow Truck Condition (Britt Smith)
Mr. Smith explained the rear axle on the 2003 two ton snow plow truck is deteriorated and no
longer safe to use. He asked the Committee to discuss funding a new plow truck which would take
approximately 3-4 months to receive.
There was discussion among Committee members and staff regarding funding and what other
items need to be replaced/repaired, etc ..
Councilman Kemna moved and Councilwoman seconded to send this request to the Finance
Committee, motion carried.
3. Dunklin Bridge and Street Corridor Update (David Bange)
Mr. Bange gave an update on the status of the Dunklin Street Bridge and Corridor Project.
There was discussion among Committee members, staff and those present regarding the
design and street width and this being a joint City/County project.
4. Westview Heights Pump Station Design (Eric Seaman)
Mr. Seaman explained the current pump station serves Westview Heights but does overflow in
wet weather conditions. There are also new subdivisions going in within the area. Staff recommends
approval of a contract for design and hydraulic modeling study for the Westview Heights service area.
2
Councilwoman Ward moved and Councilman Kemna seconded to refer the contract to the City
Council with recommendation to approve, motion carried.
5. Other Topics
• Ohio Street bridge only open to pedestrian traffic at this time due to lack of funding.
The cost to replace would be approximately $500,000.
• High Street Viaduct pavement repairs are being done.
• Monroe Street wall project on hold at this time.
• Bike Share program discussion regarding usage, parking of bikes and public
education.
• Municipal Court Open House scheduled for November 14, 2018.
6. Citizen Opportunity to address Council/Staff on Stormwater and Other Public Works
Issues
There was no one present to address the Committee on this subject.
Minutes/Jefferson City Public Works and Planning Committee
Novembers, 2018
7. Adjourn
Councilman Schreiber moved and Councilwoman Ward seconded to adjourn the meeting at
this time (8:31 a.m.), motion carried.
3
RESOLUTION
RS20_-_
Sponsored by: ______ _
A RESOLUTION AUTHORIZING THE CITY OF JEFFERSON TO APPLY FOR THE
VOLKSWAGEN TRUST GOVERNMENT TRUCK PROGRAM
GRANT
WHEREAS, the City of Jefferson has the opportunity to apply for the Volkswagen Trust
Government Truck Program Grant; and
WHEREAS, the purpose of the grant is replace a street division snow plows; and
WHEREAS, the grant, if awarded, would provide up to $345,000 for the City for the
purpose stated above; and
WHEREAS, the grant would require the City to match 50% of the cost of the
replacement;
WHEREAS, receiving said grant would benefit the City.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Jefferson City,
Missouri supports and authorizes the City Administrator, or his designee to execute and
submit the necessary application to obtain funding for the Volkswagen Trust
Government Truck Program Grant.
Adopted this __ day of _____ , 20 __ .
Mayor Carrie Tergin
ATTEST: APPROVED AS TO FORM:
City Clerk City Counselor
EXHIBIT B
RESOLUTION SUMMARY
RESOLUTION NO: ___ _
SPONSOR: Councilman
SUBJECT: Approving an application for the Volkswagen Trust Government Truck Program
grant
INTRODUCED: ______ _
DEPARTMENT DIRECTOR(S): _____________ _
ClnADMINISTRATOR:~----------------
STAFF RECOMMENDATION: Approve
ORIGIN OF REQUEST: City Staff
DEPARTMENT RESPONSIBLE: Public Works
PERSON RESPONSIBLE: MATT MORASCH/Britt E. Smith
Background Information: The City desires to apply for the Volkswagen Trust Government
Truck Program grant, which is offered by Missouri Department of Natural Resources. The
purpose of the grant is to replace older less fuel efficient government trucks. The amount
applied for is $345,000. The Public Works Department will be responsible for filing for the
grant and administering the grant if awarded. If awarded the City would use the funds for
replace up to nine snow plow trucks.
The grant covers 50o/o of the cost of the replacement vehicle.
If the grant is awarded to the City, the staff will return to the Council for acceptance of the grant.
Fiscal Information: The application does no obligate the City to accept the fund and therefore
this resolution has no fiscal impact. However if awarded and subsequently accepted by the
City Council, the City could receive up to $345,000.
Resolution Terms: The Resolution would authorize the City to apply for the Volkswagen Trust
Government Truck Program grant.
Revised 812/16 by Ordioaoce 15545
..JEF RAN
Department of Public Works Memorandum
320 E. McCarty Street • Jefferson City, Missouri 65101 • P 57 3-634 -6410 • F 573-634-6562 • www.jeffcitvm o .org
Date :
To:
Through :
From:
Subject:
December 7, 2018
Public Works Committee
Matt Morasch , P.E., Public Works Director
Mark Mehmert, Transit Directo r ~
Paratransit eligibility recertification
Us ing existing staff, JEFFTRAN expects to launch paratransit recertification efforts in mid-January by
contact ing (by mail) each of the approximately 2 ,100 paratransit clients in our active list in a phased
approach . The purpose of the client recertification process is to update client records and ensure
ADA (paratransit) eligibility exists .
This initiative is a result of recommendations by consultant Lochmueller Group in its Final Report an d
Recommendations (pages 39-40), which reviewed JEFFTRAN 's operations in late 2017.
Lochmueller 's ana lysis indicated JEFFTRAN averaged 1.31 rides per capita per year. The average
rides per capita on ADA service for JEFFTRAN's peers were 0 .24 ; the system with the next-highest
rides per capita after JEFFTRAN (Flint Hil ls Area Transportation System) averaged 0.42 rides per
capita . In other words , Jefferson City's paratransit usage per capita is about five times higher than its
peer group.
Recertification on a triennial basis is a best practice in the industry. In FY2018 , JEFFTRAN provided
50 ,387 paratransit rides on Handiwheels.
Please feel free to contact me if you have questions .
MM :mm
Jefferson City Wastewater
Pretreatment Program
Jeffcnon C•tv PubliC woou
Commvnlly • Ownoohop • ROS'-'11 • Empotl1y
Public Works and
Planning
Committee
12/13/2018
Purpose of Pretreatment Program:
Protect Public, Missouri River , Agriculture
lnorga nic s to Landfill
r-;=-=---:-----:-:,....,..-,---. ~ (tra sh )
JC Regional Water r---------.
---,-----+ Reclamation Facility & t----Tr eated water to Missouri
Algoa Regional Rive r
Untreated
Wastewater
Trea iii
Public & Employee safety:
Flammable, toxi c , etc.
Biosolids
ap plied
To agri c ul tural fi eld s
12 /10 /2018
1
Jefferson City Pretreatment
Program
• Federal Clean Water Law for Industrial
Users
-Enforced by Missouri DNR
• Delegated to Jefferson City for our Significant
Industrial Users
City issues discharge permit to Significant Industrial
Users and monitors their discharges
Jefferson City Pretreatment
Program
• Requirements:
-Survey ALL commercial users every 3 years
to determine if they need to be considered as
Significant Industrial Users (SIU)
-Inspect SIUs annually
-Review SIU discharge reports
-Sample and Test SIUs periodically
12/10/2018
2
Current Significant Industrial
Users
• ABB, Inc.
• Modine, Inc.
• Porite USA
• Unilever, Inc.
Survey every 3 years determines if new
ones added. Also high strength discharge
could lead to adding a permit.
Jefferson City Pretreatment
Program
• Staff assisted by:
-Barr Engineering with Technical Assistance
-Newman, Comley & Ruth, P.C. with
Environmental Legal Assistance
12/10/2018
3
Jefferson City Pre treatment
Program
• Other Pretreatment Responsibilities
-Hauled waste monitoring (septage , grease &
activated sludge)
-Restaurant Grease Interceptor Inspections
-Dental Amalgam Rule implementation
Questions?
12/10/2018
4
DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES
TO:
THROUGH:
FROM·
DATE:
RE:
MEMORANDUM
Public Works and Planning Committee
Sonny Sanders, Director of Planning and Protective Services
Jayme Abbott, Neighborhood Services Manager
December 5, 2018
CDBG 2019 Policy and Procedures Manual
Attached is a draft CDBG 2019 Policy and Procedures Manual. 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 to follow, guidelines on federal compliance requirements, financial and
administrative procedures, eligibility and application requirements for homeowner
support and demolition programs.
In accordance with Article IV, Chapter 25 of the City Code, a Policy and Procedure
Manual is to be adopted annually by resolution prior to the CDBG program year. The
CDBG 2019 Policy and Procedures Manual will be included on the January 7, 2019,
Council Agenda for consideration of adoption via resolution.
COMMUNITY DEVELOPMENT BLOCK GRANT
2019 Policy and Procedures Manual
Department of Planning and Protective Services
Neighborhood Services Division
City of Jefferson, Missouri
CITY OF JEFFERSON
DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES
NEIGHBORHOOD SERVICES DIVISION
Staff
Sonn y Sa nders, AICP, Director
Ja y me Abbott, AICP, Neighb orh ood Services Manager
Sheri J ohn sto n, Neighborhood Service s Specialist
Vacant, Ne ig hb orhood Services Speciali st
Physical Address:
J ohn G. C hri sty Municipal Building
320 E. McCarty Street
Jefferson Ci ty, MO 651 0 I
Office Hours: 8:00AM-5:00PM
Phone: (573)634-64 10
Fax: (573) 634-6457
Website: www.jeffersonc it ymo.gov
2
ssanders@ jeffcitymo.o rg
jabbott@,jeffcitvmo .org
s jo hn ston@jeffc itym o .org
Contents
I NTRODUCTION .................................................................................................................................................................. 4
C HAPTER 1: C DBG IMPLEMENTATION PRO CESS .................................................................................................... 9
STE P I -SUBMIT CONSOLIDATE D PLAN & DETERM INE PR OGRAM DELIVERY ............................................................. 9
Consolidated Plan/Action Plan ............................................................................................................................ 9
Prog ram Delive1y i\1/ethod ................................................................................................................................. 10
STEP 2 -NATIONAL OBJECTIVE ............................................................................................................................... 11
STEP 3-E LI G I BLE ACTI V ITIES ........................................................................................................................ 14
STEP4 -COMPLY W I TH OTHER FEDER AL REQU IREM ENTS ..................................................................... 16
Environm ental Review ....................................................................................................................................... 16
Documentation of Low-moderate area .............................................................................................................. 16
Fair Hous ing, Accessibility, and Equal Employment ......................................................................................... 16
Procurement ....................................................................................................................................................... 19
Contract Al/anagem ent ........................................................................................................................................ 21
Lab or Standards ................................................................................................................................................. 25
Acquis ition and Relocation ................................................................................................................................ 27
STEP 5 -ADDRESS F INANC IAL AND ADM INI STRATIV E REQUIR EMENTS ................................................................... 28
A. Administr ati on & Planning ...................................................................................................................... 28
CA LCULATING PLA NNING AND ADAI/INIS1RATION CA P .......................................................................... 29
B. Timely Distribution of Funds .................................................................................................................... 2 9
C. Program lncome ...................................................................................................................................... .30
D . Uniform Adminis trative Requirem ents .................................................................................................... .30
£. A udit Requirements .................................................................................................................................. 31
F. C itizen Participation ................................................................................................................................ .31
G. Record Reten tion Period .......................................................................................................................... 31
fl. Internal Controls ...................................................................................................................................... 32
I. !D IS Draws ............................................................................................................................................... 33
J. Equipment Manage ment a n d Disposition ................................................................................................. 33
STEP 6 -ENTER RESULTS INTO lOIS ........................................................................................................................ 34
STEP 7-REP ORT AND MONITOR PR OGRESS ............................................................................................................ 35
Ca lendar of Events ............................................................................................................................................. 35
i\1/onito ring of Sub r ecip ients .............................................................................................................................. 36
C H A PTER 2: HOMEOWNER SUPPORT PROGRAMS ................................................................................................ 37
Section I : Homeowner Support Progra/11 .......................................................................................................... 3 7
Section 2: Down Payment Assistance ................................................................................................................ 47
Section 3: Grant Cancella tion ............................................................................................................................. 50
C H A PTER 3: D EMOLITION ..............................................................................................................................•.............. 52
Table 1 Organizational Chart ............................................................................ , ................................................ 53
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
income 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, 2019 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 affinnative
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 Order 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: Ea~h entitlement community, or grantee, administers its local CDBG program in
accordance with program requirements.
Household: All the persons who occupy a housing unit. The occupants may be a single family,
one person living alone, two or more families living together, or any groups of related or
unrelated persons who share living arrangements.
Income: Adjusted gross income as defined by the IRS Form I 040.
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 of the 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% of the 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 program 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 sex under any program or activity funded in whole or in part under Title I of
the Act.
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 HUD-financed projects
6
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 I992 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 Develo~ment 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 I3, I99I.
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 discrimination on the basis of age under any
program or activity receiving Federal funding assistance. Effective January I987, 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 I8A.I40; KRS 344.040; I 0 I KAR I :350 Paragraph II; I 0 I KAR I :375
Paragraph 2(3); IOI KAR 2:095 Paragraphs 6 and 7.
The Americans with Disabilities Act of 1990 (ADA): This Act modifies and expands the
Rehabilitation Act of I973 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 I992 with the enrollment
and passage of Senate Bill 210.
The Equal Employment Opportunity Act: This Act empowers the Equal 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,
7
and failed to obtain a conciliation 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
(1-9).
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 PROC ESS
The following prov ide s an ove rv iew of the framework in w hi c h the C it y mu s t m ake deci s ions
concerning activities a nd/or o rgani zati o ns to fund under th e C DB G program.
• Submit Consolidated Plan & D ete rmine Program Delivery
• Select Activities Meeting National Objective
• Select E ligible Activities
• Comply With Other Federal Requirements
• Address Fi nancial And Administrative Requirements
• E nte r Results Into IDIS
• Report & Monitor Prog re ss
CONSOLIDATED PLAN/ACTION PLAN
The process of compl etin g the Consolidated Plan (and an nual Action Plans) helps the C it y t o
d e te rmine what acti v iti es to fund in th e comin g year.
The Consolid ated Plan is a plan of five years in length , w hich describes the community
needs, reso urces, priorities, a nd proposed acti v iti es to be undertake n under CDBG program.
Each year, the C ity mu st s ubmit a n upd a te to HUD, referred to as an Acti o n Plan. The Actio n
Plan describes the specific planned uses for CDBG.
The Co nsol id ated Pl a n includes th e following:
I . A d escription of th e entity responsible fo r overseeing the development of the
Con sol id a ted Plan and a d esc ription of the process undertaken to d eve lo p the plan;
2. A h ousin g and ho m e le ss needs assess m e nt ;
3. A ho us in g m arket a nal ys is;
4. A strategic pl a n ; a nd
5 . A one-year Action Plan.
9
The following is a time line 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/ Acti~n Plan 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 15th*.
Since FY 2015, HUD has issued CPO Notices, concerning grantees' submission of Action Plans
for funding under the CDBG, HOME, ESG and HOPW A 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
National Objective
Th e LMl nat io na l o bj ec tive is th e pr im a ry nati onal o bj ect iv e beca use th e s tat ute req uires th at
g rant ees ex pend 70 % o f th e C D BG fund s to meet th e LM I nati ona l o bj ective.
L MI Calculation E xample:
Tota l e ntitl e me nt g rant am ount:
Less actual pl a nnin g a nd admin (up to 20%):
Equ a ls a mo unt s ubj ect to LMI ca lc ul ati o n:
Multipli ed by 70 pe rce nt:
Equ a ls minimum to benefit LMI:
Amo un t subj ect to LMI calculat io n:
L ess LMI minimum:
Equa ls max imum s lum/bli ght a nd urge nt needs a ll owa bl e acti v iti es :
11
$225 ,000
($45 .000)
$180 ,000
X 0.70
$126,000
$180,00 0
($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, such as census tracts.
1. 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.
2. 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 of the 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."
3. 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.
4. 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):
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1. At least 25% of the properties throughout the area experience one or more of the
following conditions:
• 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.
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Section I 05(a) of the Community Development Act a nd HUD regulations speci fi ed t he activ iti es
that are e li gible for CDBG ass is t a nc e. A gene ra l li stin g of e li gib le activ iti es is below, and a
d eta il ed d escription is prov id ed in I 05 (a) of the Act and in 24 CFR 570.482.
I . Property Acqui s iti on
2 . Properly Di spos it ion
3. Property C leara nc e/Demo li tion
4. A rc hitectura l Ba rr ie r Removal
5. Seni o r Center
6. Community Faciliti es
7. Cen ters for the Hand icapped
8. Hi s toric Properties
9. Water Treatment/Storage
I 0. San it ary Sewer Coll ection
II. Storm Sewers
12 . Flood a nd Drainage Fac ili t ies
13. S treets (or Roads)
14 . Street Accessories
15 . Park in g Faci liti es
16. Bridges
17. S id ewa lks
18. Pedestrian Ma ll s
19. Recycling or Con vers io n Fac iliti es
20. Parks a nd Recreation Facilities
2 1. Fire Protection/Facility Eq uipment
22. Sol id Waste Di sposa l Facili ties
23. O th er Uti lities
24. Public Serv ice/S upportive Services
25. Rehabilitation of Private Res identia l
Properties
26. Rehab ilit ati on of Public Res id entia l
Properties
27. Pa y m ents for Loss of Renta l In come
28. Relocatio n
29. Code Enfo rcem e n t
30. Energy Use Strategy
31. Non-Fed eral Share Payment
32 . Int erim Assistance
33. Pl a nn ing
34. Comme rcial or Industri a l Faci li ties
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35. Adm ini strati o n
36. Eng in eering/Des ig n
37 . H o us in g Re hab/Demo In s pection
38 . E n g in eerin g/Construction In specti o n
39. A irp orts
40. Natura l Gas Lines
4 1. Electri cal Distribution Lines
42. Rail Spu rs
43. Lighting
44. Other Professio na l Services
45. Security Fencing
46 . S it e Prepa ra ti o n
47. Purchase Land/B uilding
48. Fac ility Constru c ti o n Renovation
49. Machinery/Equipment
50. Workin g Capita l
51. Sewage Treatment
52. LDC Ho meowners hip Assistanc e-up
to $15 ,000 to purchase a new home
53. Lega l
54. 9 11 E m e rgency Systems
55. Homeowners Assista nc e-up to $5 ,000
to purchase an existin g DSS ho m e
56 . Lead-Based Paint Risk Assessment
57. As bestos Remova l
58 . J o b Train in g
59 . Hom e -Ownership Counse lin g
60. S u bstantial Reconstru c ti o n of Private
Residentia l Properti es o n Sa me Lot-
Up to $15,000
61. Water D istributio n
62. Lead Red ucti o n NOT in c id e ntal to
Re hab
63 . Asbestos In specti o n
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.
15
ENVIRONMENTAL REVIEW
An Env ir onm e ntal Rev iew Record mu st be co mpl eted for eac h project in order to meet the
Env ironmental Rev iew Requ irements set f011h at 24 CF R Part 58 . A ll projects w ill publi s h
a pprop riate not ices (includin g HUD 8-Step Process), submi ss ion of the Request fo r Re le ase of
Funds and Ce rtific ati o n and Authority to Use Grant Fund s w ill be issued by HUD prior to
commencing with project activities.
DOCUMENTATION OF LOW-MODERATE AREA
Fo r projects ben efittin g an area, LMA mu st be docum ented by down load in g the current year
American Co mmunity Survey LMI Summa ry Data fr om www.hud cxch ang e.info/progra ms/acs -
low -mo d-s umm a r y-d ata/ac s -low-m od-summ ary-d ata-s ummari zed -b loc k-grou ps/. In t he file
includ es a copy of th e summary data along w ith a zo nin g map w ith the proj ect a rea marked.
FAIR HOUSING, ACCESSIBILITY, AND EQUAL EMPLOYME NT
T he C it y a nd a ny sub-rec ipi e nt(s) must adh e re to a ll the bas ic tenet s of fair ho usi ng and equa l
oppo rtunity reg ul ati ons. Recipi e nts are prohibited from pr act icin g d iscrimi nat ion on th e g ro und s
of race , co lor, national o ri gin , reli g ion, sex , handi cap, o r famili a l stat us .
This prohibition app li es to a ll proj ect co ntra cto rs or s ub co ntrac tors. Be ne fi c ia ry info rm ation
s ho uld be determined a nd demographic data co mpil ed , w ith th is informat io n made avai lab le in
the p roj ect fil e for pub li c review.
A. Fa ir Housing
As part of HUD 's certifi cation the Cit y is required to co mpl e te a n a nalys is of im pe diments to fair
hous in g choice. Although not part of th e conso li dated pl an, the C ity mu st cert ify t hat it
co mpl eted th e a nal ys is , is ta kin g appropriate ac ti o ns to ove rco me th e effects of any impedim en ts
id e ntifi ed and ma inta in reco rd s reflecting the a na lys is and re lated actio ns.
The mo st rece nt Ana lys is of Imp ediment s was co mpl ete d in 2 018. The following impedim e nt s
we re id entifi ed for th e Cit y:
• Lack of ade quate funding a ll ocated for fa ir ho us in g e nfo rceme nt and outreach
activ ities .
• Lack of fair ho usin g aware ness
• In adeq uate informat ion and awa reness of the c it y's ho us in g pr ogra ms
• Lack of fair ho usin g t es tin g to determine w here fa ir ho usi ng di sc rimin atio n is
t ak in g pla ce.
• Co ncentrati on of affo rd ab le renta l ho us in g in certa in neighbo rh oods w ith hi g he r
minor ity a nd low in come populations.
• Need for ADA e du cat ion a nd th e lack of ava il ab ility of ho usin g for persons wit h
disabilities.
• Lack of spec ifi c and comprehensive planning effo rts arou nd affirm at ive ly
furthering fair ho us in g in th e C ity of J effe rso n .
16
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 of the
American with Disability Act (ADA). The City is to conduct a self-evaluation of accessibility to
determine their current programs, services, 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 directed toward low and very low income persons,
particularly those who are recipients of government 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.
17
The following is a detailed listing of laws applicable to the CDBG program.
Federal and State Laws and Regulations Fair Housing & Equal
Accessibility Employment & (included amendments) Nondiscrimination Contractin2
Title VI of the Civil Rights Act of 1964 X
Title VIII of the Civil Rights Act of 1968 (The X X
Fair Housing Act)
Restoration Act of 1987 X
Section 1 09 of Title 1 of the Housing and X X
Community Development Act of 1974
The Fair Housing Amendment Act of 1988 X
The Housing for Older Persons Act of 1995 X
(HOPA)
The Age Discrimination Act of 1975 X
Section 504 of the Rehabilitation Act of 1973 X X X
The Americans with Disabilities Act of 1990 X X X
(ADA)
Executive Order 11 063 X
Executive Order 11259 X
Section 109 ofTitle I ofthe Housing and X X
Community Development Act of 1974
The Equal Employment Opportunity Act X
The Immigration Reform and Control Act X
(IRCA) of 1986
The Uniform Guidelines on Employee Selection X
Procedures adopted by the Equal Employment
Opportunity Commission in 1978
Section 3 of the Housing and Urban X
Development Act of 1968, as amended
The Vietnam Era Veterans' Readjustment Act of X
1974 (revised Jobs for Veterans Act of2002)
Executive Order 11246 X
24 CFR Part 85 (the Common Rule): X
18
PROCUREMENT
According to the table below, the City procurement policy is stricter than CDBG's procurement
policy. Therefore, City procurement policy will take precedence*.
Citv of Jefferson HUD Reauirements HUD Reauirement 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 All bids must be opened
for sealed bids allowing I 4 days a) Competitive Sealed publically at the time and
before bids are received and Bids. Publish one time in place stated in the invitation
opened. Lowest and best bid widest circulation paper. for bids. A firm-fixed price
submitted by responsible bidder b) Competitive Proposals contract award must be made
meeting specifications will be for 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.
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:
I. 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 employ 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, the city must ensure that the equal opportunity
housing symbol is included within the publication.
19
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 of that 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.
20
B. Excluded Parties
Prior to making any award (s ub grant or contract) the o rg ani zation must be checked for
debarment, s us pe ns ion o r otherwise exclud ed from participation in Federal assistance programs
unde r Executive Order 12549 , "Debarmen t a nd S uspensi o n."
Contractor mu st be cleared through th e follo w in g links:
I . Secretary of State 's website. C heck a nd see if the y are registered to do bu s in e s s in th e
State. For this webs ite yo u w ill h ave to hav e to kn ow exactl y how they re gistered th ei r
company. https://bsd.sos.mo .gov /BusinessEntity/BEScarch.aspx?SearchType=O
2. HUD 's d e bar website. C lick o n Limited Denial of Participation li s t & if no thing shows
up for th e company they a re not debarred w ith HUD.
https://wwwS.hud.gov/ecpcis/ma in/ECPCIS List.jsp
3. S tate Department of Labor Contracto r Department Li s t
http://labor.mo.gov/DLS/PrevailingWage/debarment list
4. System for Award Management (SAM)
https ://www.sam .gov
CONTRACT MANAGEMENT
Contract management is a lar ge part of a ny proj ec t 's s ucc ess. It is important th at a ll pmties in a
contract a re he ld to the ro les and re s pon s ibilities for which th ey are receiving paym e nt. Project
delays or problems are often th e result of mi s und e rstandings, assumptions of th e res ponsibiliti es
of diffe re nt parties in a contract, o r of parti es no t performing t hei r wo r k to a s tandard . T o correct
these proble m s , contract la ng uage mus t be c lear a nd must take the management of the contracts
seriously as a working ro le.
Before e nterin g into a contract yo u must ens ure th at all contracts are w ritten so that they are
based o n a lump s um or unit pri ce. Please be care ful of any hidde n o r unex pecte d costs o r
additi o na l fees that may have been added to th e contract. Such fees may include per ho ur
additi o na l fees for survey in g , obtaining easements, etc . Often g rantees may think th ese costs are
part of th e base contract and have not a ll owed for the additional cos t in their budget.
A. Contract Content
According to 24 CFR 85.36(i) contract prov is io ns , a g rantee's a nd s ub g rantee's contracts must
contain prov is ions liste d below. Federal agencies a re permitted to require changes, remedies ,
changed conditions, access and records rete ntion , sus pe ns ion of work, and o th e r clauses
approved by the Office of Fede ral Procure me nt Policy.
I. Administrative, contractual , or lega l re medi es in in s tances where contractors violate or
breach contract term s , and provide for s uc h sa nctions a nd penalties as m ay b e
a ppro priate. (Contracts mo re tha n th e s implified acquisition threshold)
21
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 excess 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 part 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 1 03 and 107 of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 327A 330) as supplemented by Department of Labor 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. Awarding 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
22
( 40 CFR part I5). (Contracts, subcontracts, and sub grants of amounts in excess of
$100,000).
I3. Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94A I63, 89 Stat. 87I ).
[53 FR 8068,8087, Mar. II, I988, as amended at 60 FR I9639, I9642, Apr. I9, I995]
B. Common Rules Regarding Contracting
I. All services, professional, or construction, paid in whole or in part with CDBG funds,
require the execution of a formal contract.
2. The use ofCDBG dollars, regardless of the 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
• reporting responsibilities
• contract content paragraphs listed above
4. If proposals involving 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/Aiternate 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
(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
23
ad d-o n. Alt ernate ded uct ibl es s ho uld in c lud e , but not be limi ted to, items the gra ntee may be ab le
to complete o n it s ow n or items that wo ul d not have an adverse effect on the project if om itted.
E . Addendum Procedure
If c hanges o r additi ons to the bid pa cket mu st be made pr ior to the bid dea dlin e date , a n
adde nd um mu st be executed . Th e addendu m mu st s pe ll o ut th e change or add iti o n and mu st be
di stributed to all intereste d bidd ers. Thi s act ion mu s t not take place lat er than 72 ho ur s prior to
th e bid submi ss ion dead lin e. If thi s time peri od is not poss ibl e, the ad dendu m may be d istributed
a nd th e deadline ma y be delayed exactly o ne week. A ll bidder s obtainin g bid docum e nt s must be
made awa re of a ll adde nd a in order not to int err upt the pr oc ur ement proced ure.
F. Amendment Procedur·e
If, durin g the life o r duration of any fo rm al co ntrac t, th e pa rti es agree to a chan ge in the design,
d urat io n, cost, or any of the te rm s of th e co ntrac t, a form a l a mend ment ma y be exec ute d. For thi s
ame ndm e nt to be va lid and rec og ni zed by CDBG , it mu st be in writin g, s ig ne d , and attes ted by
both parties and att ached to a ll orig in a l contract doc um e nt s. The gra nte e may require rev iew by
th e ir a tt o rn ey pri o r to implem entin g the process. Any changes o r cha nge o rd ers that directly
affec t th e use ofCDBG dol la rs, th e sco pe of the project, o r great ly c hanges the durati o n of the
co ntrac t should be rev ie we d prior to exec uti o n.
Repo rt s s ho uld be pr epa red and s ubmitted by eac h co ntrac tor wh e never it is determ ined that a ny
c ha nge in the des ign, cost, o r durati on of the pr oject is nece ss ar y.
G. Award of Contract
Awa rd ing contracts us in g CDBG fund s sha ll be completed in th e sa me ma nn er as if using local
funds. Th e req uir ed process for en te rin g into con tr acts should be rev iewed and used fo r CDBG
proj ects.
H. Federally Deban-ed Contractor·s
Befo re s ignin g a contract w ith a pro po se d contracto r, th e grant ee mu st ensure tha t the contractor
is no t on the Federal li s tin g of Co ntracto rs Unab le to Perfo rm Wo rk Under a Federa ll y
Spo nso red Project a t https://wwwS.hud.gov/ecpcis/main/ECPCIS List.jsp . Cli ck o n Limited Denial
of Parti c ipation li st & if nothin g s hows up for the co mp any then they a re not debarred with
HUD . In addition , mu st c heck the Sy ste m for Award Ma nagement (SAM) at www.sam.gov .
I. Contractors Licensed To Do Business In Missou ri
All professiona l service co ntracts a nd co nstructi o n co ntracts pa id for with CDBG funds mu st use
firm s/bu s iness es that are li censed to ope rate in the Sta te of Misso uri . No grant funds will be
re lea sed to pa y bu s ine sses that do not ho ld thi s li ce nse. Check
https ://bsd.sos.mo.gov/BusinessEntity/BESearch.as px?SearchType=O and search for the
company 's name wh ich ha s to be exact ly how th ey registered with the State.
J. Businesses In Good Standing With The Department of Labor
24
A ll li censed businesses mus t be in good s tanding w ith th e M isso uri State Depa rtme nt of Labor
office. Stat e debar website http://labor.mo.gov/DLS/PrcvailingWage/debarment list .
K. Department Of Tr·easury 's Listing Of Approved S ureties
T he bonding company used by the contrac tor to provide pa y m ent a nd perform a nce bonds mu s t
be li s ted with the D e partment of th e T reasury's L isting of Approved Sureties. At the tim e the
contract is awarded c h eck htt p ://www.fi s cal.treasury.gov/fsreports/rcfls uretyBnd /c570 a -z.htm
to e ns ure that th e M isso uri is li sted for the s urety as be in g li censed in th e s tat e . Print off t he
li stin g as compli a nce d oc ume ntati o n fo r th e fi le & e ns ure the date is included o n the co py .
L. Internal Control
Proper internal contro l for each contracto r may include a contra ct fil e that includes th e fo ll owin g:
• A s igned contract and a mendments or change orders;
• A sche dul e of paym e nts s upported by:
Cop ies of tim e s h eets or payro ll record s;
Copi es of c hecks o r tran s fer no tificat ions; and
Cop ies of in voices;
• A ll project-related co rres ponde nce ;
• Property re cords (whe re appropriate);
• Any no tice of cancell at io n, termination, or s us pens io n of the contrac t ;
• All field in spectio n repo rts and employee inte rvi ews; and
• Other d a ta as re quired b y th e rec ipi e nt to properly adm ini ster the contract.
M. E ngineer/Consulta nt 's Certificate of Completed Work
A copy of the Certificate for Acceptance, and F in a l Pay m e nt, s ig ned by the project
eng in eer/consulta nt, mu s t be o bta ined prior to closeo ut. T hi s certifi cate must cover a ll work
included in t h e proj e ct (regardl ess of f unding source), includin g g rantee cash a nd in-kind. The
certificate must state that wo rk has been completed in accordance w ith draw ings a nd
s pecifications a nd is functioning pro perl y w ith the recomm e nd a ti o n for Fi na l Payment.
LABOR STANDARDS
Constructio n work that is financed in whole o r in part w ith CDBG funds mu st adhere to certa in
Fede ra l la bo r sta ndard s require m ents . Additional informa ti on can be f o und a t
https :/ /www .hudexchange. info /resources/documents/Module3 TrainingS I id es. pdf.
A . Davis-Bacon Act
T he Davis-Bacon Act (40 USC, C hapter 3, Secti o n 276a-276a-5 ; and 29 C FR Parts I , 3, 5 , 6 and
7) is tri ggered w h e n constructi o n work over $2,000 is financed in w h o le o r in patt w ith CDBG
fu nd s. It requires that worke rs rece ive no less than the preva ilin g wages being paid for simil ar
25
work in the same area. Davis-Bacon does not apply to the rehabilitation of residential
stmctures containing l ess than 8 units or force account labor (constmction carried out by
employees of the grantee).
HUD 's Office of Labor Relations Letter No. LR 2009-0 I Davi s-Bacon applicability to
demo liti on work states demolition , b y itse lf, is not nece ssaril y cons idered to be constru ction,
alteration, or repair (i.e. activ iti es to w hi c h Davi s-Baco n requirements may apply). As a resu lt,
Davi s-B aco n wage requirements are not typically triggere d by d e mo lition work , a lone. Howeve r,
if s u bsequent constru ctio n at th e s it e is p lanned as part of th e same co ntract o r i f s ub seq ue nt
construct io n is contemplated as part of a future construct ion project, then the de mo liti o n work is
considered to be patt of the overa ll constru ction project. In s uch cases, if the s ubsequent
cons tructio n work is subject to Davi s -B acon requirements, then the demolitio n would likewise is
covered by Da v is-Bacon requirements. Add iti o nal information can be found at
http://po rt a l.hud .gov/hudpo rt a l/d oc um e nt s /hu ddoc?id=DO C 14999 .pdf.
B. Copeland Anti-Kickback Act
The Copela nd Anti-K ickback Act (40 USC, C hapte r 3, Section 276c and 18 USC, Part I ,
Chapter 41 , Section 874 ; and 29 CFR Part 3) requires that workers be paid weekly, tha t
d e ducti o ns workers' pay be pe rmi ss ibl e, and th a t contrac tors maintain and s ubmit weekly
pa y rolls.
C. Contract Work Hour·s and Safety Standards Act
The Contract Work Hours and Safety Sta ndard s Act (40 USC , Chapter 5 , Sections 326-332; a nd
2 9 CFR Part 4 , 5, 6 and 8 ; 29 CFR Part 70 to 240) appli es to cont racts over $100,000 and
requires that workers receive overtime compensation (tim e and one-half pay) for ho urs they
ha ve worked in excess of 40 ho urs in o ne week. Vi o la ti o ns unde r thi s Act carry a liqui dated
damages pena lty ($1 0 per day pe r v io lati o n).
D. Section 3 of the Housing and U rban Development Ac t of 1968
Sectio n 3 of the Hou s in g and U rban Develo pme nt Act o f 1968, as amended req uires the
prov is io n of o pportunities f o r training a nd e mpl oyment that arise through H U D-financed projects
to lower-in com e reside nts of th e project area. Also required is that contracts be awarded t o
businesses that pro v ide economic opportunities for low-and very low-incom e persons residing in
th e area.
E . Missouri Prevailing Wage Law
M issouri's Prevailing Wage Law establi s hes a minimum wage rate that must be paid to worke rs
on public works constru cti o n projects in M isso uri for contracts over $75,000, such as bridges,
roads, a nd govern ment buildings. The preva iling wage rate differs by county and for different
types of work.
T he Prevail in g Wage Law applies to all public works projec ts con structed by or o n behalf of
state a nd loca l public bodies .
26
ACQU IS ITION AND RELOC ATION
Unifo rm Re lo cati o n Ass is ta nc e and Real Pro pert y Acqui s iti o n P o li c ies A ct o f 19 70 (URA)
gene ra ll y a pplies to proj ects in vo lving acqu is iti o n, re ha bilita ti o n o r d e m o li t io n of real pro pert y.
In some cases, th e use of CDB G f unds in a proj ect invo lv in g d em o I it io n or convers ion of lower
income dwe llings m ay a lso tri gger a no th e r Fe de ra l law und er Sectio n I 04 (d) of th e Hous in g and
Community D ev el o pm e nt Act o f 19 74 .
H U D issue d C PO Noti ce 14 -0 9 w hi c h pro vi de d guidan ce concerning the Octo be r I , 2014
e ffe cti ve d at e of M ovin g Ahead f o r Pro g ress in the 2 1s t Century Act (MA P -2 1) th at c hanged
pay m e nt limits a nd re pl aceme nt ho us in g payment e li g ibil ity crite ri a in the Un ifo rm R e locati o n
Ass ista nce a nd R eal Pro perty A cqui s iti o n Po li c ies Act of 1970 , as a me nd ed (URA). The rev ised
regulati o ns a t 4 9 CF R pa rt 24 are co ns ist ent w ith M A P-2 1, w hi c h o th e r proposed chang es
underway.
T he fo ll ow in g c h anges to the U R A become ef fec ti ve o n Octobe r I , 20 14.
Residential Relocation:
• Leng th o f occupa ncy re quireme nt to rece ive Re pl acem ent Ho us in g P ay m e nt f o r
ho m eowne r occupants is reduced fr o m 180 d ays to 9 0 da ys [4 2 U.S.C. 4623(a )(l ) an d 42
u.s.c. 4624(b)];
• Ma x imum Re place ment Ho us in g Paym e nt fo r di s pl aced 9 0 d ay (form e rl y 180 d ay)
h o m eowne r-occupant in c reased fro m $22 ,5 00 to $3 1,000 [42 U.S.C. 4 623(a)(l )]; a nd
• M ax imum R e pl aceme nt Ho us in g Pay m e nt fo r di s placed 9 0 d ay res id enti a l te na nt
increase d fr o m $5 ,250 to $7 ,200 [42 U.S.C. 4624(a)].
Nonreside ntial Relocation :
• M ax imum R eestablis hme nt Expe nse Paym ent in c rea se d fro m $10 ,000 to $25 ,000 [ 42
U.S .C.4622(a)(4)] and
• M ax imum Fi xed Moving Ex pe nse Pay ment in c reased f ro m $2 0 ,000 to $40 ,000 [42
U .S.C.46 22(c)].
27
A. ADMINISTRATION & PLANN ING
C DB G fund s c an be used fo r a dmini s tra ti ve a nd pl a nnin g acti v iti es . Fund s und e r th ese
catego ri es a re s ubject to th e 20% statutory limita ti o n.
Th e fo ll o win g are e ligibl e admini str ati ve ac ti vitie s:
• Ge nera l m ana ge me nt , ove rs ight a nd coo rdinati on
o Prov iding loca l offi c ia ls a nd citi ze ns wit h info rm a ti o n abo ut th e C DB G pro g ram;
o Preparin g bud ge ts a nd sc hedul es;
o Prepa rin g repo rts;
o Mo nito rin g pr ogra m ac ti viti es
• Fa ir Hous in g Acti v iti es ;
• In d ir ec t costs; a nd
• S ubmi ss ion of appli cati o ns for Federa l progra ms.
Eli gible plannin g activitie s are th e fo ll ow in g:
• Co mpr ehens ive p lans;
• Co mmunity developm e nt plan s (i .e . Co nso lid a ted Plan);
• Fun c ti onal pl a ns (i.e. land use , eco no mi c developm e nt, floo dpl a in ma nage ment,
transpo rt a tion , hi sto ri c pr ese rva ti o n, e tc.).
• O th e r pl a ns and s tudi es (i .e. ne ighb orh oo d pl a ns, ca pital improvements , in d iv id ua l plans,
hi sto ri c prese rva ti o n s tudi es , etc.).
Any costs and tim e char ge d mu st be doc um ente d thro ugh the a ppropr iate mea ns suc h as
inv o ices , rece ipts , tim e and atte nd a nce reco rd s, e tc. Doc um e ntat io n s ha ll be kept o n fil e and will
be re vi ewed at finan c ia l mo nito rin g .
Und e r thi s ca te gory, CDBG fund s may not be used fo r th e follo wi ng acti v iti es:
• Eng in eering, a rchitectura l and des ign cos ts re lated to a s pecifi c projec t ; o r
• O the r cos ts of impl e me ntin g pl ans.
Th ese costs may be eligibl e as patt of an eli gibl e proj ect.
2 8
CALCULATING PLANNING AND ADMINISTRATION CAP
In accordance with 24 CFR 570 planning 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. TIMELY DISTRIBUTION OF FUNDS
$227,500
$2.500
$230,000
X 0.20
$46,000
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.
29
C. PROGRAM INC OME
Progra m incom e is th e g ross inc o me rece iv ed by th e C it y of Je ffe rso n whi ch was d irectl y
ge nerate d fr o m th e use of CDBG fund s. Program inc ome is tr eat ed as add iti o na l C DB G f und s
s ubj ect to a ll require me nts .
Ex ampl es of program in come in c lu de :
• Pr oce ed s fro m th e sa le or le ase of property purchased o r imp rove d with CD BG fund s;
• Fund s coll ected thro ugh speci a l assess me nt s on pr o perti es no t ow ned and occupi ed by
LMI hou seho ld s in o rder to recove r th e C DBG po rtion of a pu b li c improveme nt.
Pr og ram in co m e does not includ e :
• Any inc o me rece iv ed in a s in g le yea r by th e City a nd it s s ub g rantees , that does not
exceed $3 5,000 ; and
• Amoun ts ge ne rate d and ke pt by a nonprofit deve lop me nt organ izat io n und er I 05(a)( 15).
Progra m in co me mu s t be di s bursed pri o r to th e dr awdow n o f add it iona l f und s f ro m IDJ S.
Th erefor e prog ram in co me work s o n a las t in fir st o ut sce na ri o.
D. UNIFORM ADMINISTRATIVE REQUIREMENTS
ln ac co rd ance w ith 24 CF R Pa rt 85 th e C ity of Jefferso n mu st adh ere to ce rta in admini st rat ive
require ments. Th ese requireme nt s in c lud e OMB Circular A-87 "Cost Prin cip les fo r Sta te, Loca l
a nd Indian Tribal Gove rnm e nt s". Thi s c ircular es tabli s hes prin cip les a nd sta ndard s fo r
det erminin g all owabl e cos ts und er Fede ra l grants.
No n-pro fit s ar e required to co mpl y w ith OMB Circ ul ar A-1 22 "Cos t Princ ipl es fo r Non-Pr o fit
Organi zat io ns". Thi s c ir cul ar establi s hes prin cipl es for determinin g a ll owa bl e costs un de r
g rants, co ntracts and o th e r agreem e nt s with no npr ofit orga ni zations.
Jn additi o n, local gove rnm ents and nonprofit organi za ti o ns are required to co mpl y with O MB
C ir cul a r A-13 3 "Audits of In stituti o ns o f State s , Loc al Government s a nd Nonprofit In st ituti o ns".
Fo r additi o na l info rm a ti o n o n unifo rm admini str ativ e rul es fo r Fede ral gra nt s and coo pera ti ve
ag ree me nt s v is it http ://www.hud .gov/offi ces/lea d/libr ary/lead /24 CFRPART 85 .pdf
30
E. 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.
F. 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 Affirmatively Furthering Fair Housing,
five year Consolidated Plan, Annual Action Plan and the Consolidated Annual Performance
Evaluation Report (CAPER).
G. RECORD RETENTION PERIOD
Under the uniform administrative requirements of the CDBG regulations, the ~ity 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.
31
H. 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 departments 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 Manager serves as the Director of the Redevelopment and Grants
Division. See Table I for Organizational Chart. This position is under general direction of the
Department of Planning and Protective Services Director. The Neighborhood Services Manager
plans, organizes and oversees the programs, services and operations of the Community
Development Block Grant Program.
The Neighborhood Services Specialist and Neighborhood Services Administrative Technician
are under the direct supervision of the Neighborhood Services Manager. These person(s) are
responsible for obtaining proper documentation for the homeowner support programs, set up and
management of the ID IS system and performs a variety of technical tasks relative to assigned
area of responsibility.
Property/Housing Inspector & Property Inspector(s) assists with identifying code violations for
the Minor Home Repair program. During the course of the program, if rehabilitation activities
may disturb lead based paint the Property/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.
32
I. IDIS DRAWS
lOIS drawdowns will be completed at least quarterly, but most preferably monthly, for
expenditure of funds completed the prior month.
The following sequence is completed for preparation of a draw from HUD's lOIS system:
I. Each month the-Neighborhood Services Specialist, in cooperation with the department's
Administrative Assistant, prepares supporting documentation for the CDBG drawdown
using Springbrook software.
2. The Neighborhood Services Manager and the Director of Planning & Protective Services
reviews and approves the drawdown package.
3. The drawdown and supporting documentation is referred to the Finance Department for
review and approval.
4. Then the approved/signed RFF is returned to the department for drawdown completion
from lOIS.
5. An email is generated to the Chief Accountant, or his/her representative, with a copy of
the lOIS Voucher and Drawdown Cover Pages with Signatures as proof of draw
completion.
6. The Chief Accountant notifies via email when the lOIS Draw is approved and when
funds have been received.
7. Finance Department receives a copy of the lOIS Draw and Voucher(s).
J. 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 income.
• Establish proper sales procedures to ensure highest possible return.
• Must follow HUD disposition instructions when equipment is no longer needed.
33
Within IDI S, the Grantee/PJ Project ID fi e ld wi ll be utili zed to include our in-house project
numbers fo r eac h property assi sted with CDBG funds. By utili z in g the Grantee/P J Project ID
field the C ity 's records will be able to corre late, document and associate exactly how CDBG
funds were spent.
The fo ll ow in g is a li st in g of suggested project funding:
• Minor Home Repair = YR-MHR-0 I
• Emergency Re pair = YR-ER-0 I
• Down Payment = YR-DP-0 I
Program fil es are kept fo r each individu a l appl ic ant. Each file contains a check li s t of items
required througho ut each step of process . The files conta in app li cations, i·ncome ve rification s,
Tier II Environme nta l Review , repo rt s, correspo nd ences , contracts , deeds , etc.
As part of th e application proce ss vo luntary ra cia l and ethnici ty information is collected. The
information is then ente red into lOIS by the time of th e comp leti on of the indi vid ua l project.
For additional information reg ardin g lOIS visit htt ps://www.onecpd.info /reso ur cc /2825 /idi s-
training-modules-for-cdbg-entitl cme nt -gran tcc s/ .
34
CALENDAR OF EVENTS
The following is a copy of events th at were du e fo r Pr og ram Year 20 18. Th e repo rt s and plan s
ha ve the same req uired s ubmi ss ion time fram e to I-I UD year after year.
January
1 Beginning ofPrognun Year 19
31 SF-425 Federal Financial Report Due fo•· October 1 -December 31
February
15 Hold Public Hearing for CAP E R PY 18 (Requires 15 day comment period)
March
7 Last day of CAPER comment period
31 Section 3 Annual Report (HUD 60002) Due
31 CAPE R due to HUD
31 Davis-Bacon Report (HUD 4710) for November 1, 201 8 -March 31, 2019
31 100% ofPY 18 Funds Obligated
April
30 SF-425 Federal Financial Report Due for January 1-March 31
May
TBD
June
TBD Hold P ublic Heari ng fo1· Consolidated Plan/Action Plan Kick-Off
July
31 SF-425 Fedeul Financia l Report Due for April1-June 30
August
TBD
September
15 Ho ld Public Hearing fo•· 2020 Annua l Action Plan (30 Da y Comment Period)
30 Last Day of Reporting Period for MBE/WBE Contracts over $10,000
October
15 Last Day for Comment for 2020 Annual Action Plan
Present 2020 Annual Action P lan to Public Works & Planning Committee
30 2020 Annua l Action Plan 30 Day Public Comment Period Ends
31 SF -425 Federa l Financial Report Due for July 1-September 30
31 Davis-Bacon Report (HUD 4710) for Apri l1-October 31
November
2 Council Approval by Reso lution of Consolidated Plan and/or Annual Action Plan
15 Consolidated Plan/Action P lan Due to HUD
15 MBE/WBE Contract/Sub Contract Report (HUD 2516) Due 10/11 18-09/30/19
December
31 End of Program Year 19
31 90% of Program Year 19 Funds Obligated
35
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 of the 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 I, 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 of HUD as to other
remedies for noncompliance per 24 CFR 570.912 and 24 CFR 570.913
36
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
Minor Home Repair Program: Homeowners who live in single family residence within
Jefferson City limits that need exterior repairs in order to meet city code, energy efficiency
improvements to include replacement of aging HV AC systems, and/or exterior ADA
accessibility improvements. Maximum assistance is up to $5,000 per home provided in the form
of a no interest loan. Loans will be secured by a deed of trust and promissory note. If the owner
remains in the property for five years after the improvements are complete, the loan will be
forgiven. Any funds left over after completion of identified scope of work is returned to the
program.
Emergency Assistance Repairs: The definition of emergency assistance is assistance necessary
to safeguard against imminent danger to human life, health or safety. Emergency assistance
activities include replacement of water or wastewater laterals, replacement of a non-functioning
furnace in the winter and/or replacement of non-functioning air conditioner unit in the summer.
Homeowners must live in a single family residence within Jefferson City limits. Maximum
assistance is up to $5,000 per home provided in the form of a no interest loan. Loans will be
secured by a deed of trust and promissory note. If the owner remains in the property for five
years after the improvements are complete, the loan will be forgiven. Any funds left over after
completion of identified scope of work is returned to the program.
Property Eligibility:
• The property must be a single family residence located within the City limits.
• 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
• The property shall not be located 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.
• Property must have active trash service.
• Payment of real-estate taxes must be current and not have any delinquent taxes, liens,
assessments or other fees due to the City.
• 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 surfaces
contain lead-based paint. Surfaces disturbed during rehabilitation work will be repaired. Safe
work practices shall be used on all surfaces.
37
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 up to $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. Any funds left over after completion of identified scope of work is returned to the
program.
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 applicant and/or the structure for which the application for the 2019 Minor Home
Repair Program is being made cannot previously have received a City of Jefferson
Homeowner Support Program loan for owner occupied housing rehabilitation within the
past 5 years. The five year period extends from the date a Deed of Trust and Promissory
Note is signed to the date of new application. Participation in the Emergency Assistance
or Down Payment Assistance program does not exclude the homeowner from the 2019
Minor Home Repair Program.
3. The applicant must sign a deed of trust and promissory note for the loan amount.
4. 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.
5. Income qualification is good for six months at which time applicant must re-~ertify.
6. Projects must be complete in one ( 1) year or the homeowner will have to reapply for the
program.
7. Should a project be determined infeasible due to a lack of funding or not meeting the
eligibility criteria of any of the Minor Home Repair Program, the City reserves the right
to reject the owner's application.
A. 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.
A household is defined as all persons occupying the same housing unit, regardless of their
relationship to each other.
If there are multiple owners of the property, the applicant is the owner-occupant and his/her
family.
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Th e a nnu a l in co me of eac h ho use ho ld is es tabli shed by proj ectin g inco me fo r 12 mo nth s fr o m
the tim e a ppli ca n t's name is reac hed o n the wa itin g li st a nd in c lud es a ll so ur ces of in co me .
In come is de te rmin ed us in g th e Inte rn a l Revenu e Se rv ice I 040 Adju sted Gross In co me
reg ul ati o ns.
A ppli cants are asked for p roo f of each so ur ce of in co me li s ted o n th e ir a ppli cat io n. T hi s may be
acco mpli s hed thr o ugh s ig nin g a n auth o riza ti o n fo r third-pa rt y ve rifi ca ti o n, by s ubmittin g a co py
of th e ir lates t tax info nna ti o n, or by o th er a pprove d me thods acce ptab le to HU D and th e Cit y's
Pl a nnin g & Protec tiv e Serv ices staff.
C . Repa ym ent
No re pa yment of a ny ki nd is re qui re d as lo ng as th e rec ipient co nt inu es to own a nd occupy th e
property fo r 5 yea rs aft e r assis ta nce . In th e eve nt th at th e prope rt y rece iv in g ass is ta nce is no
longe r owned or occ upi ed by the rec ipi e nt within th e 5 yea rs, th e ba la nce s ha ll be pa id in f ull.
D. E ligi b le C osts
Fun ds a re to be used fo r improve ment s deemed necessary by Depa rtm e nt of Plannin g &
Protecti ve Services staff, in c lu d in g , but not limited to, o ne o r mo re of th e fo ll owin g:
I. Work necess ary to meet co de stand a rd s for the Cit y of Jeffe rso n a nd HUD as dete rmin ed
by th e app ro priat e Ci ty In spector.
2 . Buil d in g pe rmits and re la ted fees.
3. Address in g lead-base d paint hazards id e nti fied by a ri sk assesso r.
4. HV AC equipm ent re pl ace me nt.
5. Energy effic ie ncy imp rove me nt s as dete rmin ed by th e a pprop ri ate C it y In spector.
6. Stru ctura l re pa ir s as de termin ed by th e a ppr o pri ate C it y Inspec to r.
7. Eme rge ncy hea lth and safety proj ects, i .e. water and wastewater la tera l re pl ace ment.
In d eterminin g if a syste m s ho uld be repa ir ed or repl aced , sta f f will d ete rmin e th e age of ex is tin g
sys te m and co mp are to th e ave rage life ex pec ta nc y fo r the sys tem. Li fe ex pec tancy va ri es wi th
usage, weath er, in sta llati o n, ma inte nance and qu a li ty of ma teri a ls. T hi s li s t s ho ul d be used onl y
as a gene ra l gui de lin e.
Sys te m YEARS
Air Co nd iti one r 7 to 15
Fu rnace 15 to 25
Wate r Heate r 6 to 12
Note : A ll mate ri a ls, fi xtures, equipm e nt , or landsca pi ng sha ll be of a qu a lity c usto mar il y used in
th e neig hb o rh oods fo r p ro perti es of th e sa me ge ne ra l type as th e pro perty to be ass isted.
3 9
E. Ineligible Costs
Maintenance Costs : Any cost that recurs on a re gul ar basis (genera ll y, less th an five yea rs) is
considered a maintenance or ope ratio n cost, t herefore ine li g ibl e for CDBG assistance. The
foll ow in g li st is a guidance but not a ll inclu s iv e.
Feature or Maintenance Ac tivities Eligible Activ iti es
System
• C lea nin g and fixing gutters and • Tuck point in g .
down s pouts. • Gutter and dow nspo ut
• Repainting previous ly pa inted repl aceme nt.
Buildin g surfaces .
Ex te ri or • Replac in g deteriorated sectio n of
s idin g.
• Remova l of graffiti
• Fixi ng leaks. • Co mpl ete replace ment of roof
• Application of wate rproof coatin g to w ith new sh ing les , til es , ro ll
a flat roof. roo fin g , me mbra ne , or new
Roof Rep lace ment of deter iora ted fl as hin g . metal roof. •
• Replacement of loose o r m iss in g
shin g les or til es .
• Washing windows • Refer ral to Weatherization
• Ca ul kin g, wea th er strippin g, re-Program through Ce ntra l
g lazi ng windows a nd doors. M isso uri Co mmunity Ac ti on
• Fix in g broken wi nd owpane(s), storm Agency.
Windows a nd wind ow(s) or damaged entry door.
Doors • Replacing broke n doo r lock .
• Rep lac in g a va ndal ized entry door to
restore sec urity of a buildin g.
• Ann ua l sw itch out of storm and
scree n pane ls.
Int e ri or Wa ll s • INELIGIBLE • INELIGlBLE
and Ce ilin gs
Flooring • INELIGIBLE • INELIGIBLE
• Replacement of exteri or broken stair • Reb uilding exterior sta ir o r
C irculati o n treads or ba lu ste rs. constructi ng new stair.
Kitchen • INELIGIBLE • INELIG IBL E
Bathroom/ • INELIGIBLE • INELIGIBLE
Lau ndry
Basement • TNELGlBLE • INELIGIB LE
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Feature or Mainte nance Activities E ligible Activ iti es
System
• Servi c in g and mainte na nce of • In sta llati o n of new fu rn ace or
mec ha ni ca l systems. he at d istr ibuti on sys tem .
• Cha ng in g a ir filt ers. • In sta llati on of ce ntra l ai r
HVA C • C leanin g a ir ducts . co nd itio nin g.
• In stallin g o r re placin g w ind ow a ir
co ndi t io ne r.
• Repl ac in g a malfun c ti o nin g part of a
HV AC sys tem lik e a th e rm ostat.
E lectri ca l/ • IN ELIGIBLE • INELIGIBLE
Lightin g
• Fixing plumbing leaks • In stallati o n of new wate r heate r.
• Re pa irin g damage from froze n pipes . • In stallati o n of new wa ter or
P lum b in g • Repa ir in g wa ter o r sewe r co nn ecti o n sewer lateral (e me rgenc y o nly)
within ex istin g utility tre nch
a li gnm e nt.
• S ump Pump s .
Sec urit y • INELI G IBL E • INELIGIBLE
Pes t In festat ion • Pe st in spect io n/tr ea tm ent • INE LIGIBL E
• Law n ca re (litt er pi ck up , mow in g, • Rep lace ment of wa lkways,
rak in g), trimming trees and s hrub s. s idewa lks, dr iveways.
• Snow/ic e rem ova l.
Site • Ne ighb o rhood cl ean up
• App lic at io n of pav ement sea lant s .
• Re pair of c ra cked o r br oke n
s id ewa lk s.
F. Work Write Up
The a ppro pri ate C ity staff s uch as th e Prop ert y/Ho us in g In s pector , Plumbing In s pector, etc. wi ll
prepa re a deficiency li st an d work write -u p in acco rd a nce with the C ity's Code Standards, to
docum ent the wo rk to be ass isted wi th prog ram fun ds. Improvements to the pro pe rty cannot
exte nd beyo nd the scope as outlin ed in th e C it y initi ated de fi c ie nc y li st and wo rk wri te -up.
G . C hange Orders
The Departme nt of Planning & Pro tectiv e Se rv ices staff, w ith th e consen t of th e prope rty owne r,
m ay approve change orders to th e work write-up if the amount of th e co nt ract is no t in creased
more th a n $1 ,000. C han ges in excess of $1 ,000 mu s t be approved by the Ne ighborho od Services
Manager, w ith the con sent of the property owner. A II change orders s ha ll be prepared by the
Department of Plannin g & Protective Serv ices staff a nd shall be s ig ned by the prope rty ow ne r, or
th e de s ig nated repre sentati ve of th e pro pert y owne r, a represe ntat ive of the City De partm e nt of
Planning & Protec tive Serv ices, and the contracto r.
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H. Contractors and Bid Pr·ocess
T h e Planning & Protective Serv ic es s taff wi ll develo p a qualifi e d contractor li st containing the
names o f a ll contractors m eetin g th e e li g ibility require ments . Minority a nd female owned
contractors w ill be encouraged to parti c ipate . T he contractor li s t is n o t an e ndorse m e nt, but rath e r
a li st of inte rested bus in esses interested in providin g bids and/or work with program p art icipants.
In o rder to qualify for the li st , contracto rs mus t m eet the foll owin g req uire m e nt s :
I . Must fill out the contractor app li cation form.
2. Must carry Worker's Compensatio n In s ura n ce for a ll e mployees as required by t he State
of Mi sso uri .
3 . Must carry li ab ilit y in s ura nce at th e minimum amount of $100,000 and other in su rance as
is appro priate for the work be in g p e rforme d.
4. SAM Registrat io n a nd DUNS#: Contractor mus t have o bta in ed a DUNS Number v ia
D&B D UN S N umber ser v ic e at http://fed gov .dnb.com/webform/index.jsp and ha ve
registere d w it h t he Federa l government SA M (System for Award Management) system at
https://www.sam.gov/SAM/. ·
5. Contractor mu s t a lso have all re quired Federal , State, and C ity cert ifica ti o n s an d li censin g
for th e scope of work being performed .
a. If undertakin g lead aba t e m e nt activities, the gen e ra l co ntrac tor mus t ha ve a c urre nt
s uperv isor 's li cense and abatement contractor's li cense from th e Missou ri Department
of Health.
b. E ith e r h ave comple ted an EPA appro ve d Lead R e n ovat o r training o r hire an
indi v idual o r company w ho is EP A Le ad Certifi ed befo re unde rtak in g any j ob
disturbing lead pa in ted surfaces.
c. Asbestos work re quires active certification throug h the Department ofNatural
R esources .
6. A ll co ntracto r s mu st b e properly lice nsed b y the C it y.
7. Mus t be able to s upply th e tools and materi a ls necessa ry to comple te each job.
8. R e fe re nces may be requeste d for a t least three jobs compl eted.
I. Non-Per·forming Contractors
Co ntractors w ho con s iste ntl y exhibit poo r workman ship or do not complete contract
requireme nts w ill b e e limina te d fro m the contracto r li s t. Contracto rs w h o do n ot compl e te
th e ir contracts w ithin a n a ll otted time period w ill not b e e li g ibl e to submit bids for a dditi o nal
proj ect s until they a re in compli a nce w ithin th e appropriate contract tim e p e riod. Contrac to rs
that d o no t hono r th e warranty prov is io n s of th e ir co ntract wi ll be el imina te d from the
contractor li st.
4 2
J. Contractor Selection
I. Co ntractors w ill be asked to s ubmit an item ized b id containing a firm amount for each
it em on the work write -up for a ll ho us in g repa ir programs. Homeowners a re responsible
for obta ining at least 3 bids w ithin 30 days. City can provide li s t of contractors w ho have
prev io u s ly participated in th e program.
2. A contractor is limited to t hree act ive contrac ts at a t im e thro ug h the Homeowner
Prog rams. In a ll cases, the C it y reserves th e ri g ht to rej ect a n y a nd a ll bids and reser ves
the right to e limin ate bid ite m s to meet t he max imum loan amou nts .
3 . Once bids are s ubmitte d and o btained, the scope of wo rk is n ot to be added to in order to
make the bid equal $5,000. The scope of wor k may on ly be changed if during the course
of t h e project t h e contracto r uncovers add iti o na l wor k that is required for the origin a l
scope to be of quality.
K. Owner-Contractors
Owne r-contractor projects are n ot a ll owed in the C it y's Homeowner programs.
L. T im e Fra m es f01 · Contracts
T h e contract period for M in or Home Repair projects s hall not exceed 90 days, except as
approved by Neig hbo rh ood Ser v ices M a n ager, a nd th e n s ha ll no t exceed 180 days w it ho ut
pena lty to the con tractor. The contract pe riod s ha ll beg in w he n D e partm e nt of P la nning &
Protective Services staff prov id e contrac tor with th e Not ice to Proceed.
M. App lication Processing
Step 1
Whe n app li cations are received t he "App li catio n Respo nse Letter" is se nt w it hin ten (I 0) days of
receipt to notify con fi rm at ion of rece ipt of app li cation. Create file , ass ig n p roj ect number and
include copy o f correspondence letter. Comple te pre-cursory rev iew of ver ify in g ownership of
record, floodp lain, etc. If the prope rty is in t he floodplain , se nd denial letter.
If/whe n fund s are ava il ab le app li cants a re contacted wi thin 30 d ays to schedule an inte r v iew
appo intm ent to verify income and q ual ifi catio n s.
Income g uidelines are u pdated ann ua ll y. In come limits may be accessed a t
http://www.huduser.org/po rtal /datasets/il.ht ml. Eac h app li cant file s ha ll include print o ut of
a nnua l Income Limits Summary.
T h e app licant(s) must provide the fo ll ow ing fo r a ll adu lts 18+ years and s ha ll be in c luded in file
for compli a n ce:
I . Socia l Security Card
2 . Picture 1.0 .
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3. Proof of in co me - use C PO In co me Eli gib ilit y Ca lc ul ato r usin g the IRS Fo rm 1040
definition to determine th e a pplica nt 's annual inc o me. Must provide copy of three most
rece nt payst ub s a nd previou s year Fede ral tax return s fo r all 18+ yea r olds in hou se hold.
If on SS o r SS I th e determination letter w ill wo rk. Pension/benefit lette rs may also be
pr ov id ed . See wo rks heet for add iti onal in co mes that require doc umentati o n.
4. If there is an adult 18+ in th e house hold who c laim s no income, th e Certifi cat ion of Zero
In co me form mu s t be fill e d o ut and s ig ned by the individual.
5. Verify age of hom e through G IS System Co unt y Info fo r th e purpo ses of determining if
Lead Based Paint is a co nc e rn.
6. Verify ownership via G IS (copy of Deed of Trust) Co unt y info.
7 . Verify c urre nt tr as h se rvice w ith City of Jefferson 's So lid Wa ste Prov ider.
8 . Applicant(s) mu st s ig n a nd date both Eli g ibility Review Wo rks heet and C PO Inc ome
Eli gib ility Ca lcul ato r forms , copy to fil e.
9. Have ho meow ne r s ig n W9 and Agreement Betwee n Ci ty and Owner do c um ent (2 cop ies)
durin g the inte rv iew process. If app li cat io n app roved, se nd to lega l for s ignatures , if
denied s hred co ntracts. W-9 form (s ubmit s igned or ig in al W-9 & Vendor Request Fo rm
to Department of Fin a nce Purcha s ing Ass istant).
I 0. F<:>r prope rtie s co ns tructed pri or to 1978, provide app li ca nt copy of the lead based
in for mati o n brochure s "Lea d Safe Certifi ed G uid e To Re novate Right" and "Protect Yo ur
Family From Lead In Your Hom e".
II. S ig n bot h fo rm s a nd turn in to Ne ighb orhoo d Serv ices Ma nage r for app rova l s ig nature.
12. Se nd A p prova l/D e nial le tt e r to app lic a nt.
Step 2
Reque st in specti on from appropriate C it y in s pec tor: Co nt act ap pli ca nt to se t up a t ime fo r t he
in s pector to v iew t he prop erty. Se nd in s pector cale ndar in v it e for th e date , tim e, locat ion , li st of
requested improve me nt s id e ntifi ed in th e a pplicati o n, and any ot he r ap pli ca bl e informatio n (i.e.
furnace located in crawl space). If code v io lat ions are fo und , continu e w ith Step 3. If no code
viol at io ns are indi cated, send app li ca nt de nial lette r (copy lette r to fil e) based on finding s.
Department of Pl a nnin g & Protective Se rv ices staff sha ll c lose file.
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Step 3
Co mpl e tion of th e Tier II mu st be o btain ed pri o r to proceed in g w ith the project. Upon rece ipt of
in specti o n report li st in g code vio lati o ns, a T ie r II Env iro nm en ta l Report in clud in g completing
FEMA floodplain map to e ns ur e that pro perty is not loca ted w ith in the I 00 year floodpla in ,
Hi storic Commission Cultura l Assessment , SHPO Sec ti on I 06 Project In fo rm atio n fo rm and S it e
Assessment form. O nce a ll comp li ance doc um e nt s have been compi led submit T ie r 1£ to
Neig hb orho od Se rvices Manager for approva l. For properties co nstructed prior to 1978 e nsure
that resu lt s of th e Lead Ba sed Pa in t test(s) are provided to the home owne r.
Step 4
I . Us in g t he In spector 's repo rt, fill o ut the bid form .
2. G ive 4 cop ies o f bid to app li cant. A ppli ca nt must obta in a minimum of3 bid s. Also
includ e lien wa ive rs fo r s ub cont racto rs a nd s uppli e rs. Must be g iven to contracto r wit h
bid s heet.
Co ntrac to r s ha ll be sec ured w ithin 60 days of app li ca nt receiv in g the bid form or
applic ant will be pl aced on "in act ive " li st. If circumstances ex ist such as t ime of year
(i .e. w in ter) additi o na l tim e s ha ll be a ll owed .
NOTE: Co ntracto rs mu st be li ce nse d by th e City of J effe rson and p rov id e a certifica te of
in surance . If project in vo lves d isturba nce of lead based paint a Lead Certified cont racto r
mu st be use d . A lead test prior to rehab , lead safe pract ices a nd a lead test post rehab are
required .
3. Once ho meowne r s ubmit s cop ies of rece iv e d bid s, type up bids tabu lation.
4. Co ntracto r mu st be c leared t hr o ugh t he follow ing webs it es. Prin t off documentat ion and
includ e in til e .
a. State 's we bsite to c heck a nd see if they are registe red to do bu s iness in t he State.
Fo r thi s webs ite yo u will hav e to have to know exactly how they registered their
company. htt ps :/ /bsd .sos.mo . gov /B usin essE nti ty/8 ESea rc h.aspx?Sea rc h Type =O
NOTE: Sma ll time co ntracto r who use their name fo r bus in ess purposes, appear
not to be requ ir ed to fil e w ith t he Secreta ry of State as a bus in ess . Fo r s itu ations
li ke this it may be acceptab le to proceed if the co ntracto r has a City Business
L ice nse, work in g hi sto ry with City (and /or refe re nces), an d rev iew the Better
Business Bureau to determine a hi sto ry of co mpl aints fi led aga in st the con trac to r.
b. HUD 's debar webs ite. C li ck on Limited Den ia l of Participat ion li st & if nothing
s hows up for t he co mpan y th ey are not debar red w ith HUD.
htt ps ://www5 .hud.gov /ec pc is/ma in/EC PCIS Li st.jsp
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c. Missouri De pa rtme nt o f La bo r Co ntracto r De barme nt Li st
http ://labor.mo.gov/DLS/P reva il ingWagc/dcbarment l ist
d. System for Award Manageme nt (SAM)
ht tps ://www.sa m .gov
5. S ubmit bids, tabula ti o n, debarme nt webs ite info rm ation to Neighborhood Service
Manager fo r award of bid a nd contra c t iss uan ce. The Neig h borhood Servic e Manager
w ill co nfe r w ith th e C ity in s pector to determine if bids are fa ir and equal.
6. When t he contractor has bee n c ho sen, the Appli ca nt(s) must come in to s ig n the
following :
• Reh a bilitation Contract (between ho m eowner & contractor)
• Notice to Proceed
• Promi ssory Note (mus t be notari ze d) (once s ig n , send upsta ir s for s ig na tures)
7 . When work is complete, th e C ity in s pector w ill return to s ite to approve/deny completi o n.
Ha ve hom eowne r s ig n Certifi cate of Co mpletion w hil e on s it e. W he n a pproved , the
In s pecto r w ill s ig n th e Certifica t e o f Compl e ti o n a nd s ubmit to the Ne ig h bo rh ood Service
Manager fo r final s ig nature. Pre pare the Li e n Wa iver form.
8. S ubmit check request. Be s ure to ha ve c heck re turned to PPS. In c lu de: B id s umma ry and
bids, In vo ice, Certificate of Co mpl e ti o n, and Noti ce to Proceed. Make three copies .
Re tain o ne for proj ect fil es, s ubmit o ne for Finance Departm e nt, Neig hborhood Serv ices
Manage r receives o ne f o r lOI S draw d own.
9. Contact appl ica nt when check is received. Must come in to e nd o rse check over to
contractor and s ig n notarized statem e nt acknowle d g in g th e sa me. A lso the app li ca nt sign
th e Deed of Trust and Pro mi ssory No te (must be no tari zed ).
I 0. Contact contracto r when c hec k is endo rsed. Mu st come in to s ign L ie n Waiver. Must .
bring li en waiver from s ubco ntractors a nd suppli e rs, if any.
II. Record Deed of Trus t and Pro mi ssory Note. Whe n return ed, make 3 cop ies; o ri g ina l to
law, cop ies to file , ho meowne r, and !DI S fil es.
12. C lo se appli can t file , upd a te active/c lose s preadsh eet and li e n sp readsheet.
13 . Neig h borhood Services Speciali st s hall c heck li e n s preadsheet pe ri od ica ll y to determine
if deed of re lease is requ ir ed to be record ed after t he comp letio n of t he 5 year
requirement has been fulfill e d.
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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 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.
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 should 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
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 single-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.
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8. The buyer is required to obtain a home inspection from a third party 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.
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 Closing
Disclosure and Warranty Deed 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.
A household is defined as all persons occupying the same housing unit, regardless of their
relationship to each other.
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.
Income is determined using the Internal Revenue Service I 040 Adjusted Gross Income
regulations.
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.
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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 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 I 0 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 third party inspection of the
property must be scheduled by the applicant prior to closing·. This inspection report must be
submitted for City staff to review prior to closing to determine if the property meets
requirements of the City's Code. Any defects found must be corrected prior to the release of
homeownership assistance funds. A re-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 I, I978, must have an inspection to determine if deteriorated paint
exists. Should the amount of deteriorated paint be greater than HUD' s de minimis standards (I 0
square feet of exterior surface, one square foot of interior surface, or I 0% 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 HUD'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 of this 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 of the 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 of the 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 Manager by filing within thirty (30) days of receiving
notification of the Department of Planning & Protective Services staff decision. The
Neighborhood Services Manager 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.
4. The City will not consider any grievance involving rehabilitation work in cases where:
50
1. Staff assisted program participants with grievances involving rehabilitation work
within the I year warranty period. Assistance will be in the form of access to
infonnation regarding warranty, scope of work, and contractor responsibilities.
Contractors that do not honor legitimate warranty claims will be removed from the
eligible contractor list
ii. The certificate of acceptance was signed more than one year before the grievance
process is initiated; and the aggrieved party has not documented efforts to have the
contractor return to resolve the matter within the one-year guarantee period after the
certificate 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 infonnation that is needed to
ensure a fair and full determination of the appeal.
8. Detennination and Notification after Appeal: Within thirty (30) days after the receipt of
all infonnation submitted by a person in support of an appeal, the Board shall make a
written detennination 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 detennination of the appeal. A person has 45 days after she or he receives
the City's written detennination of their appeal to file a review appeal with the
Department of Housing and Urban Development
51
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 of this program is to eliminate structures posing an
imminent threat to the health and safety to neighborhoods.
The program addresses any dwelling, building, structure, or property 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 floodway which will require deed
restriction for future development in accordance with City floodplain ordinance.
Loans are secured by a Deed of Trust. Terms of loan 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.
AunountofAssutance 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.
I. 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 cond.itions of the
funding assistance. This agreement shall be between the City and property owner
and shall include the conditions of the closing and loan documents, and a time line
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
M NVOIIDORIIOOD lfJIVICU .,t:CIAllrT II I
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M IKJGIIDORIIOOD lfJIYICU IPt:CIAllrT I
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~ I I 1:::::::] AOMIIIIIrTRATIYf T fCUtelAII
AJWNC fTRATMA!f ID.J. Y DfGU~M
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54
PLt'I'UV;.'If PO t'll'lSJ Ol\
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pg I<A~ I
Public Works and Planning Committee Meeting
December 13, 2018
There has been some discussion co ncerning a Board of Appeals to be formed to review decisions of the Building
Official within the Building Regulations Division. Various sections of Chapter 8 of City Code direct an appeal of a
decision of the Building Official to the Circuit Court for judicial review. Typical sections state the following:
"Sec. 8-19. Amendments to the 2015 International Building Code
Section 1 13.1: JUDlClAL REV IEW:
Any owner, agent or other perso n sha ll have the right to seek judicial review of a decision of the Building Official
refusing to g rant a modification to the provisions of this Code covering the manner of construction or materials to be
used in the erection, alteration or repair of a building or structure. The petition for judicial review s ha ll be to the
circuit court of Co le County as established in Article 536 of the Revised Statutes of Missouri."
The International Code Council (ICC) organization updates and publishes model building codes that are used
internationally. The City of Jefferson ha s adopted these codes by reference. The above code section modified a
building code section that describes the Board of Appeals . The ICC ha s also recommended a structure of the
Board of Appeals that includes five (5) members: an architect or a builder with 10 years' minimum experience;
structural engineer; mechanical engineer or a mechanical contractor with 10 years' minimum experience;
electrical engineer or an electrical contractor with 10 years' minimum experience; and a fire protection engineer
or a fire protection contra cto r with 10 years' minimum experience. Sections of the ICC model building co de are
attached for reference. Please note that the ICC Board of Appeals version states it shall not have the authority to
waive requirements of the building code.
The idea of establishing a Board of Appeals has been di sc u ssed over the years. This topic was even discu sse d with
Ad Hoc Building Code Review Committee. The final recommendation of this committee was not to establish a
bo ard (July 27, 2017). Some of the concerns were:
1. The appeals process could ca use delays in construction.
2. Frivolous appeals could be filed whil e the board should only be used as an exception, not the rul e.
A variation of the ICC board model is es tablished in Columbia, they have an eleven person Building Construction
Codes Commission to hear appeals. The board reviews the building, electrical, plumbing, and fire codes for
upd ating and changes, hears appeals of decisions of the code official or fire marshal. The City Council
appoints eleven r eg ular members and eleven alternate members. One regular and one alternate member mu st
repre se nt each of the following fields : a professional engineer with electrical/mechanical experience, a
professional engineer with structural/civil experience, a master plumber, licensed electrician or electrical
contractor, a major contractor or supe r intendent, a minor contractor or home builder, a member with personal
experience in fire prevention, a registered architect, a res idential rental property owner, a member with
experience in energy conservation, and a lay person. The l eng th of terms is three years, with openings occurring in
August. More information may be obtained at:
https://www.como.gov/Councii/Commiss ion s/desc ription.php?bcid =12
ICC Building Code SECTION 113
BOARD OF APPEALS
[A)113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official
relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of
appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt
rules of procedure for conducting its business.
[A)113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this
code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or
an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this
code.
[A)113.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass
on matters pertaining to building construction and are not employees of the jurisdiction.
ICC Building Code APPENDIX B
BOARD OF APPEALS
The provisions contained in this appendix are not
mandatory unless specifically referenced in the adopting
ordinance.
SECTION B101
GENERAL
8101.1 Application. The application for appeal shall be
filed on a form obtained from the building official within
20 days after the notice was served.
8101.2 Membership of board. The board of appeals shall
consist of persons appointed by the chief appointing
authority as follows:
1. One for 5 years; one for 4 years; one for 3 years; one for
2 years; and one for 1 year.
2. Thereafter, each new member shall serve for 5 years or
until a successor has been appointed.
The building official shall be an ex officio member of said
board but shall have no vote on any matter before the
board.
8101.2.1 Alternate members. The chief appointing
authority shall appoint two alternate members who shall be
called by the board chairperson to hear appeals during the
absence or disqualification of a member. Alternate
members shall possess the qualifications required for board
membership and shall be appointed for 5 years, or until a
successor has been appointed.
8101.2.2 Qualifications. The board of appeals shall
consist of five individuals, one from each of the following
professions or disciplines:
1. Registered design professional with architectural
experience or a builder or superintendent of building
construction with at least 10 years' experience, 5 of
which shall have been in responsible charge of
work.
2. Registered design professional with structural
engineering experience.
3. Registered design professional with mechanical and
plumbing engineering experience or a mechanical
contractor with at least 10 years' experience, 5 of which
shall have been in responsible charge of work.
4. Registered design professional with electrical
engineering experience or an electrical contractor with at
least 10 years' experience, 5 of which shall have been in
responsible charge of work.
5. Registered design professional with frre protection
engineering experience or a frre protection contractor
with at least 1 0 years' experience, 5 of which shall have
been in responsible charge of work.
8101.2.3 Rules and procedures. The board is authorized
to establish policies and procedures necessary to carry out
its duties.
8101.2.4 Chairperson. The board shall annually select
one of its members to serve as chairperson.
8101.2.5 Disqualification of member. A member shall
not hear an appeal in which that member has a personal,
professional or financial interest.
8101.2.6 Secretary. The chief administrative officer shall
designate a qualified clerk to serve as secretary to the
board. The secretary shall file a detailed record of all
proceedings in the office of the chief administrative
officer.
8101.2.7 Compensation of members. Compensation of
members shall be determined by law.
8101.3 Notice of meeting. The board shall meet upon
notice from the chairperson, within 10 days of the filing of
an appeal or at stated periodic meetings.
8101.3.1 Open hearing. All hearings before the board
shall be open to the public. The appellant, the appellant's
representative, the building official and any person whose
interests are affected shall be given an opportunity to be
heard.
8101.3.2 Procedure. The board shall adopt and make
available to the public through the secretary procedures
under which a hearing will be conducted. The procedures
shall not require compliance with strict rules of evidence,
but shall mandate that only relevant information be
received.
8101.3.3 Postponed hearing. When five members are not
present to hear an appeal, either the appellant or the
appellant's representative shall have the right to request a
postponement of the hearing.
8101.4 Board decision. The board shall modify or reverse
the decision of the building official by a concurring vote of
two-thirds of its members.
8101.4.1 Resolution. The decision of the board shall be
by resolution. Certified copies shall be furnished to the
appellant and to the building official.
8101.4.2 Administration. The building official shall take
immediate action in accordance with the decision of the
board.