COMMUNrry DEVEL()PMENT BL()CK GRAN'I' SCATTERED SITE HOUSING PROJECT PROGRAM IMPLEMENTATION MANUAL

Transcription

1 ' 1 = N -GIl.D E GIl c" GIl = COMMUNrry DEVEL()PMENT BL()CK GRAN'I' SCATTERED SITE HOUSING PROJECT PROGRAM IMPLEMENTATION MANUAL Prepared By: Centralina Council of Governmen t Community & Economic Development 1300 Baxter Street. Suite 450 Charlotte. NC :n

2 COMMUNITY DEVELOPMENT BLOCK GRANT SCATTERED SITE HOUSING PROGRAM Grant Number: 09-C PROGRAM INITIATION MANUAL- SECTION TITLES/ CONTENTS SECTION TITLES/ CONTENTS PAGE#'S SECTION 1. PROGRAM INITIATION MANUAL RESOLUTION 1 SECTION 2. EQUAL EMPLOYMENT AND PROCUREMENT PLAN 2 SECTION 3. SECTION 3 PLAN 3-4 SECTION 4. FAIR HOUSING PLAN 5-7 SECTION 5. SUMMARY OF ADA COMPLIANCE 8 SECTION 6. PERFORMANCE BASED CONTRACT 9-11 SECTION 7. RESOLUTION ESTABLISHING A "CITIZENS PARTICIPATION PLAN" SECTION 8. RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN SECTION 9. OPTIONAL COVERAGE RELOCATION PLAN SECTION 10. PROJECT ORDINANCE SECTION 11. AMENDMENT CONDITION 24 CERTIFICATION STATEMENT SECTION 12. COMPLAINT PROCEDURE 25 SECTION 13. CODE OF CONDUCT/ HATCH ACT POLICY AND CERTIFICATION 26 SECTION 14. PERFORMANCE BASED CONTRACT CERTIFICATION 27 STATEMENT

3 SECTION TITLES/ CONTENTS (Cont.) SECTION TITLES/ CONTENTS PAGE#'S SECTION 15. ENVIRONMENTAL CONDITION CERTIFICATION 28 STATEMENT SECTION 16 FLOODPLAIN CONDITION CERTIFICATION 29 STATEMENT SECTION 17 ADMINISTRATION CONTRACT AGREEMENT 30 CERTIFICATION STATEMENT SECTION 18 USE OF EXPERIENCED CDBG ADMINISTRATOR 31 CERTIFICATION STATEMENT SECTION 19 LOCAL GOVERNMENT PARTICIPATION CONDITION 32 CERTIFICATION STATEMENT SECTION 20 CLOSEOUT CONDITION 33 CERTIFICATION STATEMENT SECTION 21 CITIZENS PARTICIPATION AND COMPLIANCE 34 CONDITION CERTIFICATION STATEMENT SECTION 22 SIGNATORY FORM RESOLUTION 35 SECTION 23 DEBARMENT CERTIFICATION ATTACHMENTS # 1 PUBLIC HEARING DOCUMENTATION #2 LOCAL GOVERNMENT PARTICIPATION AGREEMENT #3 CLOSEOUT DOCUMENTATION #4 ADMINISTRATION CONTRACT 11

4 COMMUNITY DEVELOPMENT BLOCK GRANT SCATTERED SITE HOUSING PROGRAM PROGRAM INITIATION MANUAL A Resolution Authorizing the Adoption of the Program Initiation Manual for the Lincoln County Community Development Program. Be it Resolved by the Lincoln County Board of Commissioners, That: WHEREAS, the County is participating in the Community Development Block Grant Program under the Housing and Community Development Act of 1974 as amended, administered by the North Carolina Department of Commerce; and WHEREAS, the following documents are required under this program: ~ Equal Employment and Procedure Plan ~ Section 3 Plan ~ Fair Housing Plan ~ ADN 504 Compliance Statement ~ Performance Based Contract: "Implementation Schedule" ~ Resolution Establishing A "Citizens Participation Plan" ~ Residential Anti-Displacement and Relocation Assistance Plan ~ Optional Coverage Relocation Plan ~ Project Ordinance ~ Amendment Condition Certification Statement ~ Complaint Procedure ~ Code of Conduct / Hatch Act Policy ~ Resolution Signatory Form Certification ~ Environmental Condition Certification Statement ~ Citizens Participation and Compliance Statement ~ Administration Contract Certification Statement ~ Use of Experienced CDBG Administrator ~ Local Government Participation Condition ~ Closeout Condition Certification Statement ~ Debarment Certification THEREFORE BE IT RESOLVED, that the Lincoln County Board of Commissioners, hereby adopt the Program Initiation Manual to be used throughout the implementation of the Lincoln County Community Development Program. Alex E. Patton. Chairman Name and Title of Certifying Official Signature of Certifying Official Adopted this day of 201 O. Attested:

5 EQUAL EMPLOYMENT AND PROCUREMENT PLAN Lincoln County maintains the policy of providing equal employment opportunities for all persons regardless of race, color, religion, sex, national origin, age, political affiliation, or any other non-merit factor, except where religion, sex, national origin, or age are bona fide occupation qualifications for employment. In furtherance, of this policy the County prohibits any retaliatory action of any kind taken by any employee of the County against any other employee or applicant for employment because that person made a charge, testified, assisted or participated in any manner in a hearing, proceeding or investigation of employment discrimination. The County shall strive for greater utilization of all persons by identifying previously under utilized groups in the work force, such as minorities, women, and the handicapped, and making special efforts toward their recruitment, selection, development, and upward mobility and any other term, condition, or privilege of employment. Responsibility for implementing equal opportunities and Affirmative Action measures is hereby assigned to the Clerk of Court and/or other persons designated by the County Commissioners to assist in the implementation of this policy statement. The County shall develop a self-evaluation mechanism to provide for periodic examination and evaluation. Periodic reports on the progress of Equal Employment Opportunity and Affirmative Action will be presented to the County Commission as requested. The County is committed to this policy and is aware with its implementation; the County will receive positive benefits through the greater utilization and development of all its human resources. Adopted this day of, Alex E. Patton, Chairman ATTESTED: Equal Employment and Procurement Plan Lincoln County 2

6 SECTION 3 PLAN LOCAL ECONOMIC BENEFIT FOR LOW AND VERY-LOW INCOME PERSONS To insure that to the greatest extent possible contracts for work are awarded to business concerns located or owned in substantial part by persons residing in the Section 3 covered area, as required by Section 3 of the Housing and Urban Development Act of 1968, Lincoln County has developed and hereby adopts the following Section 3 Plan: 1. This Section 3 Plan Shall apply to services needed in connection with the grant including but not limited to businesses in the fields of planning, consulting, design, building construction/renovation, maintenance and repair, etc. 2. This Section 3 covered project area for the purpose of this grant program shall include Lincoln County. 3. When in need of service, the County will identify suppliers, contractors or subcontractors located in the Section 3 area. Resources for this identification shall include the Minority Business Directory published through the State Department of Commerce, local directories, and Small Business Administration local offices: Word of mouth recommendations shall also be used as a source. 4. The County will include this Section 3 clause in all contracts executed under this CDBG program. Where deemed necessary, listings from any agency noted in No. 3 above shall be included as well as sources of subcontractors and suppliers. 5. The prime contractor selected for major public works facility or public construction work (in excess of $100,000) will be required to submit a section 3 Plan which will outline hislher needs in connection with the project. Should a need exist to hire any additional personnel, the Lincoln County Employment Security Commission shall be notified and referred to the contractor. 6. Each contractor for housing rehabilitation under the program, as applicable, for jobs having contracts in excess of $50,000 shall be required to submit a Section 3 Plan. This plan will be maintained on file in the grant office and shall be updated as the grant staff deems necessary. 3

7 Lincoln County CDBG Scattered Site HOI/sing Section 3 Plan Page2of2 7. All jobs will be listed through and hiring will be done through the local office of the North Carolina Employment Security Commission; all contracts will be listed with the North Carolina Division of Purchases and Contracts; potential employees and businesses may seek development and training assistance through various state and local agencies, and the County will maintain a list for individuals and business concerns inquiring. 8. Early in our project, prior to any contracting, major purchases or hiring, the County will develop a listing of jobs, supplies and contracts likely to be utilized during the project. The County will then advertise in the local newspaper and ad prominently located as a display ad with the pertinent information regarding the project, including all Section 3 required information. Date Adopted Alex E. Patton, Chairman 4

8 PLAN TO FURTHER FAIR HOUSING ST Quarter Update CDBG # 09-C-1998 Lincoln County Recipient 115 W. Main Street, Lincolnton, NC Recipient's Address Kelly Atkins (704) Contact Person Telephone Number 1. Indicate if the Recipient will be affirmatively furthering fair housing for the first time or has implemented specific activities in the past. First Time Past Activities x II. Identify and analyze obstacles to affirmatively furthering fair housing in recipient's community. (Use additional pages as necessary). a) Lack of knowledge of fair housing law and specifically, Title VII information; i.e. what is covered, what is not, and what can be done to resolve issues. b) Educating the public that they can make inquiries and/or complaints concerning possible housing discrimination to the Lincoln County Fair Housing Officer. c) Lack of viable choices in rental and home ownership opportunities for LMI individuals and households. d) Deficiency of existing and new construction of affordable single-family and multifamily dweuing units. e) Limited staff and financial resources to conduct educational forums on Fair Housing. Local efforts are limited to complaint/inquiry responses and making appropriate referrals. 5

9 Lincoln County CDBG Scattered Site Housing PLAN TO FURTHER FAIR HOUSING Page2of3 III. Briefly describe the activities that the recipient will undertake over the active period of the grant to affirmatively further fair housing in their community. A time schedule for implementation of these activities must be included. Activities must be scheduled for implementation at least on a quarterly basis. (Use additional pages as necessary). First Quarter <November, December, January) a) Request fair housing pamphlets and posters from the North Carolina Human Relations commission and the department of Housing and Urban Development. Second Quarter (February, March, April) 2010 a) Field inquiries concerning housing discrimination questions, and make referrals as needed to the Lincoln County Human Relations Commissions. Third Quarter (May, June, July) a) Run Fair Housing ad in June. Fourth Quarter (August, September, October) 2010 a) Run Fair Housing ad in September. b) Continue to field inquiries concerning housing discrimination questions, and make referrals as needed to the Lincoln County Human Relations Commission. 6

10 Linco/n County CDBG Scattered Site HOfls;,rg PLAN TO FURTHER FAIR HOUSING Page 3 0/3 IV. Will the above activities apply to the total municipality or County? Yes X No If no, provide explanation. V. Describe recipient's method of receiving and resolving housing discrimination complaints. This may be either a procedure currently being implemented or one to be implemented under this CDBG Grant. Include a description of how the recipient informs the public about the complaint procedures. (Use additional pages as necessary) Citizens of Lincoln County will have information on how to contact the County's Fair Housing Officer with a discrimination complaint via newspaper ads, pamphlet circulation, the planned phone listing, and various other activities that will be coordinated as much as possible with Lincoln County and the Lincoln County Human Relations Commission's ongoing activities. Lincoln County will respond to any complaints within 10 business days. If housing discrimination complaints cannot be resolved locally and, if indeed the complaints are valid, they will be referred to the Lincoln County Human Relations Commission for investigation, consideration, and resolution. APPROVED BY:.=-:A::.;le:;.:.:x:..::E::.:.~P;..:;a~tt::.::o;::::n Chairman Chairman's Signature Date 7

11 Office of the County Manager SUMMARY OF ADA/S04 COMPLIANCE Lincoln County has completed an Americans with Disabilities Act (ADA) study of all County owned facilities to ensure accessibility. This study included a list of modifications for each building. Lincoln County has also adopted a "Grievance Procedure" for ADA Compliance. The Grievance Procedure provides disabled individuals with legal protection from discrimination in a broad range of public sector activities including local government programs and services. Lincoln County is continuing its efforts to identify and remove barriers, which impede disabled individuals from participating in County activities, programs, services and employment, through the periodic review of anti-discrimination practices, physical barrier removal activities, communication, and Grievance Procedures. Chairman's Signature Chairman Title Date ADA Compliance Summary Lincoln County 8

12 Performance Based Contract: Implementation Schedule Grant Number: 09-C-1998 Name of Grantee: Lincoln County First quarter begins on the date of DCA Director's signature on the Grant Agreement and Funding Approval. List goals to be accomplished each Quarter. 1 st Quarter 2n~ Quarter 3r~ Quarter 4th Quarter 5 th Quarter 6th Quarter % Process % Process % Process % Process % Process % Process Completed Completed Completed Completed Completed Completed Descriptio Descriptio Descriptio Descriptio Descriptio Descriptio n n n n n n I. Administrative Activities 100% a. Grant Agreement/Funding Approval 7th Quarter 8th Quarter 9th Quarter 10th Quarter % Process % Process % Process % Process Completed Completed Completed Completed Descriptio Descriptio Descriptio Description n n n b. Environmental Condition 100% c. Citizen Participation Condition 100% d. Flood Plain Compliance Condition 100% e. Other Conditions 100% 9

13 Performance Based Contract: Implementation Schedule Grant Number: 09-C-1998 Name of Grantee: Lineolo County First quarter begins on the date of DCA Director's signature on the Grant Agreement and Funding Approval. List goals to be accomplished each Quarter. Activities should correspond to those on the Budget and National Objective Part A Benefit: Low and Moderate Income forms in application approved for funding. 2. Housing Activities a. Relocation 1st 2nd 3rd 4th 5th 6th 7th 9th 10th Quarter Quarter Quarter Quarter Quarter Quarter Quarter 8th Quarter Quarter Quarter % Units % Units % Units % Units % Units % Units % Units % Units % Units % Units b. Acquisition c. Disposition d. Clearance e. Rehabilitation of Privately owned dwellings (include anyon-site installations; e.g., septic tanks, wells) Historic preservation 20%-1 40%-2 60%-3 80%-4 100%-5 unit units units units units f. Units Constructed 1 unit 2 units 3 units 4 units 5 units g. Units occupied 1 unit 2 units 3 units 4 units 5 units 100% 10

14 7. Signature of Authorized Local Official Name (Alex E. Patton) Chairman Title Date 8. Signature of Authorized DCA Official Name Gloria Nance-Sims Director. Division of Community Assistance Title Date 11

15 RESOLUTION ESTABLISIDNG A CITIZENS PARTICIPATION PLAN FOR LINCOLN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT SCATTERED SITE HOUSING PROGRAM WHEREAS, citizen involvement is consistent with and a part of the concept of a democratic process and WHEREAS, Lincoln County has received a Community Development block Grant form the North Carolina Department of Commerce and has executed a grant agreement number 09-C-1998 (and subsequent ones) with DCA for the acceptance of the grant; and WHEREAS, citizen involvement in the Community Development program provides citizens with an opportunity to articulate their housing and community development needs in their neighborhood; and WHEREAS, citizens living in project areas are knowledgeable in the housing and community development needs of their neighborhood and should have a means to examine and comment on the interrelationships of programs affecting their neighborhood; and WHEREAS, citizen involvement helps to overcome frustration and alienation thereby increasing the commitment of citizens to their community and its well-being; and WHEREAS, Section.1002 of North Carolina Community Development Block Grant Program Regulations (I5 NCAC 13L) mandates that each grant recipient shall provide citizens with an adequate opportunity for meaningful involvement on a continuing basis for participation in the planning, implementation and assessment of the Community Development Block Grant Program: NOW, THEREFORE, BE IT RESOLVED that the Lincoln County Board of Commissioners do hereby adopt the following Citizen Participation Plan for its Community Development Block Grant Program as a matter of policy. 1. Purpose: The purpose of the citizen participation plan shall be to set forth a program by which citizens will be provided with an adequate opportunity to participate in an advisory role in planning, implementing, and assessing the Community Development Program of Lincoln County. The provisions of this citizen participation plan shall apply to activities presently being undertaken as well as to any future activities of the Community Development Program. This plan shall remain in effect until all activities in the Community Development Program are completed or until this plan is superseded by a new plan. All aspects of citizen participation shall be conducted in an open manner with freedom of access for all interested persons. 2. Public Hearings: The Board of Commissioners shall hold public hearings in accordance with the Department of Commerce regulations. At a minimum, hearings shall be held as follows: (1) Prior to submission of any program amendments. (2) Prior to grant close-out (3) Prior to submission of any future CDBG applications No public hearing will be held without first a public notice being published in a newspaper having general circulation within Lincoln County. The notice will be published at least 10 days but no more than 25 days prior to the date of the hearing. At a minimum, the notice shall indicate the date, time, place and procedures of the hearing and the topics to be considered. The County shall also provide notice of hearings through other means. 12

16 Lincoln County CDBG Scattered Site Housing Resolution Establishing a Citizen Participation Plan Page 20/5 3. Citizen Participation in Program Implementation and Performance: Citizens and citizen organizations are encouraged at all times to assess and submit comments on all aspects of the Community Development Program and performance including the performance of the grantees and contractors. They are also encouraged to assess projects and activities to determine whether objectives have been achieved. Such views may be submitted in the methods set forth in Section (5) herein. The County will keep in its grant files: (1) Copies of written comments submitted by citizens regarding the County's Community Development performance; (2) The County's assessment of such comments; and (3) A summary of any action taken in response to the comments received. 4. Submission and Consideration of Views and Proposals: The County encourages the submission of views and proposals regarding the Community Development program by citizens and citizen groups, particularly low-and-moderate income persons and residents of project neighborhoods. This includes submission of such views: A. Directly to the County during the program planning period; or prior to submission of any other CDBG application or program amendment; B. At public meetings held but the County; C. Directly to the North Carolina Department of Commerce. The Community Development Project Director shall provide timely responses to all comments submitted pursuant to the process described herein, including written responses to written comments stating the reasons for the action taken by the County on the proposal. Written responses to written comments shall be provided within ten (10) days of submission. 5. Consideration of Objection to Future Applications: Persons wishing to object to approval of a block grant application may make such written objections to: North Carolina Department of Commerce Division of Community Assistance (DCA) CDBG Program 4313 Mail Service Center Raleigh, NC DCA will consider written objections made only on the following grounds: (A) (B) (C) The County's description of needs and objectives is plainly inconsistent with available facts and data; or The activities to be undertaken are plainly inappropriate to meeting the needs and objectives identified by the County; or The application does not comply with applicable laws and regulations. 13

17 Lincoln County CDBG Injrastl1lctllre Resolution Establishing a Citizen Participation Plan Page 30/5 Such objections shall include both an identification of the requirements not met and, in the case of objections made on the grounds that the description of needs and objectives is plainly inconsistent with significant, generally available facts and data, the data upon which the person (s) objections are relying. 6. Complaints: All complaints concerning the County's Community Development Program should be addressed to: c/o CDBG Project Administrator Lincoln County 115 W. Main Street Lincolnton, NC The County will make every reasonable effort to provide written responses to written complaints within ten (10) days. 7. Technical Assistance: The County will be responsible for providing technical assistance to the neighborhood organizations and other citizen participants on matters relating to the planning, implementation, and assessment of the community development program. The contract administrative staff will be responsible for assisting groups of low-and-moderate income persons and groups of residents of blighted neighborhoods, which request assistance in developing proposals and statements of views. Notices of public hearings for view and proposals shall contain a statement that such technical assistance is available and how it can be obtained. 8. Information Dissemination: In order for the citizen participation plan to be implemented, it is necessary that information about community development and the citizen participation process be provided to citizens. DCA regulations require that the County provide adequate means for the citizen to obtain information. The County will provide for full public access to program information and shall take affirmative efforts to make adequate information available to citizens, especially those of low-andmoderate income and to those residing in lower-income or blighted neighborhoods. The following methods shall be utilized for information dissemination. A. Providing information freely to the local news media and invite their attendance to all meetings. B. Announce public meetings schedules in area newsletters. C. For non-english speaking residents, the County will provide translation of information and! or a translator upon request. Through the above methods, the County shall make public the following information in the event the County begins planning for another CDBG grant: A. The total amount ofcdbg funds available to the County; B. The range of activities that may be undertaken with CDBG funds and the kinds of activities previously funded in the County. C. The State and National objectives of the Community Development Block Grant Program; 14

18 Lincoln COl/nty CDBG Scattered Site HOl/sing Resolution Establishing a Citizen Participation Plan Page 40/5 D. The process to be followed in drawing up and approving the application and the schedule of meetings and hearing; E. The role of citizens in the Citizen Participation Program; F. A summary of other important program requirements; and G. That the County has a Citizen Participation Plan, which is available for public review; H. Current project status and information. The County provides for full and timely disclosure of its program records and information consistent with applicable state and local laws regarding personal privacy and obligations of confidentiality. Documents relevant to the program are available at the Lincoln County Government Building during posted office hours (for the CDBG Program) for citizen review upon request (either written or oral). Such documents include the following: (I) (II) (III) (IV) (V) All mailing and promotional material, Records of hearings, All key documents including all prior applications, letters of approval, grant agreements, the Citizen Participation Plan, performance reports evaluation reports, other reports by the DCA, the approved application for the current CDBG Program and any proposed CDBG applications or amendments to existing applications, Copies of the regulations and issuance governing the program, and Documents regarding other important program requirements, such as contracting procedures, environmental policies, fair housing and other equal opportunity requirements. 9. Program Amendments: The Board of Commissioners shall be involved in the development of any program amendments. The Board's role shall consist of proposing projects, and commenting and making recommendations on proposed programs. If the nature of the amendment is such that prior DCA approval is required, the County will hold public hearings on the amendment. 10. Responsibility and Authority of the County: No part of this plan for citizen participation shall be construed to restrict the responsibility and authority of the County for the development of future community development applications and the execution of the Community Development Program. Accordingly the citizen participation plan set forth herein does not include concurrence by any person or group involved in citizen participation in making final determinations concerning the existing and future CDBG programs. The sole responsibility and authority to make such final determinations rest exclusively with the Lincoln County Board of Commissioners. 15

19 Lincoln County CDBG Scattered Site HOl/sing Resolution Establishing a Citizen Participation Plan Page 5 0/5 11. This Citizen Participation plan adopted by the Lincoln County Board of Commissioners: This day of, 2010., Alex E. Patton, Chainnan Chainnan's Signature SEAL ATTEST: Name and Title Signature 16

20 Lincoln County CDBG Scattered Site Housing Project Residential Anti-displacement and Relocation Assistance Plan Lincoln County will replace all occupied and vacant occupiable low-moderate-income dwelling units demolished or converted to a use other than low-moderate-income housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended, as described in 24 CFR (b)(1). All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, Lincoln County will make public and submit to the Division of Community Assistance the following information in writing: 1. A description of the proposed assisted activity; 2. A general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low-moderateincome dwelling units as a direct result of the assisted activity; 3. A time schedule for the commencement and completion of the demolition or conversion; 4. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; 5. the Source of funding and a time schedule for the provision of replacement dwelling units, and; 6. The basis for concluding that each replacement dwelling unit will remain a lowmoderate-income dwelling unit for at least 10 years from the date of initial occupancy. Lincoln County will provide relocation assistance, as described in (b) (2), to each lowmoderate-income household displaced by the demolition of housing or by the conversion of a low-moderate-income dwelling to another use as a direct result of assisted activities. Consistent with the goals and objectives of activities assisted under the Act, Lincoln County will take the following steps to minimize the displacement of persons from their home: 1. Rehabilitate all structures in the project area feasible for rehabilitation 2. Utilize constructions contracts that will do the maximum extent possible to allow the occupants to remain in the structure during rehabilitation. 17

21 Lincoln County Residential Anti-Displacement and Relocation Assistance Certification I hereby certify that Lincoln County has adopted and is following a written Residential Anti Displacement and Relocation Assistance Plan that conforms with the requirements of Sections 104(d) of the Housing and Community Development Act of 1974, as amended, as detailed in CPD Notice Alex E. Patton, Chairman Name and Title of Certifying Official Signature of Certifying Official Date Adopted this day of 2010 Attested: Name and Title Signature 18

22 COMMUNITY DEVELOPMENT PROGRAM OPTIONAL COVERAGE RELOCATION PLAN Organization and Administration Lincoln County Community Development Program (hereinafter called "County") will administer and coordinate all relocation activities (temporary or permanent) resulting from Community Development activities. Citizens displaced by Community Development Program activities are eligible to receive relocation assistance. The financial assistance is in a form as permitted under implementing regulations at 49 CFR Part 24 and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. Definition of a "Displaced Person" A displaced individual is someone whose home, which is located within the Community Development Activity Area, is determined to be in a condition too dilapidated to be economically feasible to rehabilitate and will be demolished. This can also include a person temporarily displaced as a result of program activities such as housing rehabilitation. Definition of "Standard Housing" A dwelling unit is in standard condition if it is decent, safe, and sanitary. A dwelling unit is considered decent, safe, and sanitary if (a) it is in good repair and is weather tight, with no leakage nor dampness; (b) it has no health, fire nor safety hazards within the structure or in the immediate vicinity; (c) it has running water, a private sewer-connected to a flush toilet, and a bathroom for exclusive use of the occupant, with tub or shower with hot and cold running water, all within the dwelling unit; (d) it has permanent, reasonably efficient kitchen facilities for exclusive use of the occupant, including sink with hot and cold running water, cooking stove connections, shelves and storage space for food and utensils; (e) it has facilities or connections for washing and drying clothes; (f) it is large enough to accommodate the occupants without overcrowding; (g) it is equipped with adequate heating facilities; (h) it is adequately ventilated by at least one operable window in every room and is screened, or screens are available; (i) it is wired for electricity; and (j) it is located in a neighborhood which is free from industrial and other nuisances, is supplied with the community facilities of a standard neighborhood, and is reasonably accessible to transportation, school, churches and stores. It is intended that all dwellings into which displaced families relocate will be inspected by the County. If the dwellings are not found to be decent, safe and sanitary, the move will be considered temporary relocation. Optional Coverage for Lincoln County, North Carolina. Lincoln County Community Development Program shall undertake relocation that may not be covered automatically under the URA such as would be the case with voluntary demolition. 19

23 Lincoln County CDBG Scattered Site Hot/sing Optional Coverage Relocation Plan Page 2 of3 The County intends for these persons to be served at the same levels as those described under the URA and will use this Optional Coverage Relocation Plan to establish this coverage. Under this Plan, Lincoln County shall provide Relocation payments and assistance to the following: 1. Homeowners and their families who are displaced by rehabilitation activity of a dwelling located within the Community Development Area. 2. Homeowners and their families who are displaced by the voluntary demolition of a dwelling occupied by the families and located within the Community Development Area. Note: The following benefits / expenses will not be covered by Lincoln County Community Development program: 1. Temporary relocation benefits. 2. Storage payment benefits 3. Moving expense benefits Lincoln County will use these funds for housing construction. Relocation Assistance to Families and Individuals The County shall provide relocation planning, advisory and coordination services consistent with those described in Section of the URA. These shall include, but not be limited to, the provision of transportation services as needed to view comparable replacement dwellings, or other transportation as deemed necessary and reasonable to support the relocation, assistance in submitting claims for payment, counseling and education on relocation regulations and coordinating these activities with existing social service and economic assistance programs as they are available. Temporary Relocation Rehabilitation shall be conducted without relocation of the affected occupants to the greatest extent feasible. Should relocation be necessary and should available temporary housing be substandard by the above definition, the minimum standards set forth shall not apply. Such relocation shall be accomplished at the minimum feasible cost. Temporary relocation payments will be limited to cover only those expenses that would not otherwise be normal to the relocate. That is to say, expenses that are directly related to the temporary relocation and which are above and beyond the normal expenses incurred by the relocate. 20

24 Lincoln COl/nty CDBG Scattered Site HOl/sing Optional Coverage Relocation Plan Page30f3 This would not include reimbursement for expenses that would otherwise be incurred (meals, normal travel, etc). Relocates are required to submit receipts to the County documenting the expenses for which they are requesting reimbursement. Alex E. Patton, Chairman Name and Title of Certifying Official Signature Date Adopted this _ day of 2010 Attested: Name and Title Signature 21

25 COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT ORDINANCE BE IT ORDAINED by Lincoln County Board of Commissioners that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following Grant Project Ordinance is hereby adopted: Section 1. Section 2. Section 3. The project authorized is the Community Development Project described in the work statement contained in the grant agreement number 09-C-1998 between Lincoln County and the North Carolina Department of Commerce, Division of Community Assistance (DCA). The project is more familiarly known as the Community Development Block Grant Scattered Site Housing Program. The officers of the County are hereby directed to proceed with the grant project within the terms of the grant agreement and other grant documents, the rules and regulations of the Department of Commerce and the budget contained herein. The following revenues are anticipated to be available to complete this project: COMMUNITY DEVELOPMENT BLOCK GRANT Fund Source CDBG Funds Amount $400,000 Section 4. The following amounts are appropriate for the project: Description of Activity Rehabilitation Planning Administration TOTAL Amount $360,000 $ 7,000 $ 33,000 $400,000 Section 5. The Finance Officer is hereby directed to maintain within the Grant Project Fund sufficient detailed accounting records to provide the accounting to the grantor agency required by the grant agreement and Federal and State Regulation. 22

26 Lincoln COllnty Community Development Block Grant Project Ordinance Page2of2 Section 6. Funds may be advanced from the General fund for the purpose of making payments as due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7. Copies of this Grant Project Ordinance shall be made available to the Mayor and County Clerk for the direction in carrying out this project. ADOPTED THIS DAY OF, 2010 Alex E. Patton, Chairman Chairman's Signature ATTEST: Name and Title Signature 23

27 AMENDMENT CONDITION CERTIFICATION STATEMENT I hereby certify that Lincoln County will not obligate or expend in any project activity except for the administration activity until the County provides written assurance that it commits to assisting the number of units stated in the Scattered Site Housing application and if the number of units changes, the local government is responsible for following DCA amendment procedures. This is to certify that Lincoln County commits to assisting the number of units stated in the Scattered Site Housing application and if the number of units changes, Lincoln County is responsible for following DCA amendment procedures. Alex E. Patton. Chairman Name and Title of Certifying Official Signature of Certifying Official Adopted this day of 2010 Attested: Name and Title Signature 24

28 COMMUNITY DEVELOPMENT BLOCK GRANT COMPLAINT PROCEDURE In accordance with Section of the North Carolina CDBG Regulations, Lincoln County has adopted the following procedures to process citizen complaints: Citizens may make comments/complaints at any point in the program including planning, implementation and closeout. Citizen's comments/complaints should be mailed to: County Clerk: Address Ms. Amy Atkins 115 W. Main Street Lincolnton, NC When a written complaint is filed, the County Manager will forward the written comments/complaints to the CDBG Project Administrator, for response with ten (10) days of receipt of the comments. If the citizen is dissatisfied with the responses by the CDBG Project Administrator, the Citizen may forward the complaint to the Board of Commissioners. The Board of Commissioners shall respond within thirty (30) calendar days. If the citizen is dissatisfied with the response by the Board of Commissioners, the citizen may forward the complaint in writing to: North Carolina Department of Commerce, Division of Community Assistance: 4313 Mail Service Center Raleigh, NC DCA will only respond to written comments. DCA will respond within ten (10) calendar days of receipt of the comments. Alex E. Patton, Chairman Name and Title of Certifying Official Signature of Certifying Official Adopted this day of, Attested: Name and Title Signature 25

29 CODE OF CONDUCT / HATCH ACT POLICY No employee, officer or agent of Lincoln County shall participate in the selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer or agent or any member of his immediate family, has financial interest in the firm selected for award. In addition, the County's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to sub agreements except as provided for in O.S In accordance with the Hatch Act (Public Law ), as amended, the County will enforce this Act which prevents recipients, local Community Development Program officials or other personnel employed by the Community Development Program from undertaking certain political activities. In addition, personnel covered under the Act may not be candidates for elected office unless candidacies are nonpartisan. LINCOLN COUNTY CODE OF CONDUCT / HATCH ACT POLICY CERTIFICATION I hereby certify that Lincoln County has adopted and is following a written Code of Conduct Plan that conforms with the requirements that Hatch Act (Public Law ), as Amended. Alex E. Patton, Chairman Name and Title of Certifying Official Signature of Certifying Official Adopted this day of, 2010 Attested: Name and Title Signature 26

30 PERFORMANCE BASED CONTRACT CERTIFICATION STATEMENT I hereby certify that Lincoln County will not obligate or expend funds in any project activity except for the administration activity until the County has returned to DCA one copy of the Performance Based Contract signed by the CEO. See "Section -6" - Performance Based Contract Alex E. Patton, Chairman Name and Title of Certifying Official Signature of Certifying Official Adopted this day of 2010 Attested: Name and Title Signature 27

31 ENVIRONMENTAL CONDITION CERTIFICATION STATEMENT I hereby certify that Lincoln County will not obligate or expend in any project activity except for the administration activity in the C-l project until the County has complied with the Environmental Review Procedures for the North Carolina Community Development Block Grant Program and the CDBG regulations contained in 4 NCAC 19L.I004. The County's Environmental Review was forwarded to DCA on August 21,2009. Alex E. Patton. Chairman Name and Title of Certifying Official Signature of Certifying Official Adopted this day of 2010 Attested: Name and Title Signature 28

32 FLOODPLAIN CONDITION CERTIFICATION STATEMENT I hereby certify that Lincoln County's 2010 Community Development Block Grant Scattered Site Housing Project is not located in a floodplain. Alex E. Patton, Chairman Name and Title of Certifying Official Signature of Certifying Official Adopted this day of 2010 Attested: Name and Title Signature 29

33 CDBG ADMINISTRATION CONTRACT CONDITION CERTIFICATION STATEMENT I hereby certify that Lincoln County will not obligate or expend funds in any project activity except the administration activity until the County has submitted a copy of the administration contract to DCA. See Attachment # ---±- -CDBG Administration Contract Alex E. Patton, Chairman Name and Title of Certifying Official Signature of Certifying Official Adopted this day of 2010 Attested: Name and Title Signature 30

34 USE OF EXPERIENCED CDBG ADMINISTRATOR CONDITION CERTIFICATION STATEMENT I hereby certify that Lincoln County will not obligate or expend funds in any project activity except for the administration activity until the County has submitted a statement signed by the CEO stating that the County will use an experienced CDBG administrator, local government staff, private consultant, regional, planning commission staff or non-profit staff to administer the CDBG project. This is to certify that Lincoln County has designated Centralina Council of Governments to administer the CDBG project. (See Attachment # ~- CDBG Administration Contract). Alex E. Patton, Chairman Name and Title of Certifying Official Signature of Certifying Official Date Adopted this day of 2010 Attested:

35 LOCAL GOVERNMENT PARTICIPATION CONDITION CERTIFICATION STATEMENT I hereby certify that Lincoln County will not obligate or expend funds in any project activity except for the administration activity until the County has provided DCA with the Local Government Participation Agreements signed by all eligible municipalities regardless of whether or not they plan to participate. This is to certify that Lincoln County has provided DCA with all Local Government Participation Agreements (See Attachment #.-1..J. Alex E. Patton, Chairman Name and Title of Certifying Official Signature of Certifying Official Adopted this day of 2010 Attested: Name and Title Signature 32

36 CLOSEOUT CONDITION CERTIFICATION STATEMENT I hereby certify that Lincoln County will not obligate or expend funds in any project activity except for the administration activity until the County has provided DCA with closeout documentation. This is to certify that Lincoln County will provide DCA with all Closeout Documentation. Alex E. Patton, Chairman Name and Title of Certifying Official Signature of Certifying Official Adopted this day of 2010 Attested: Name and Title Signature 33

37 CITIZENS PARTICIPATION AND COMPLIANCE CONDITION CERTIFICATION STATEMENT I hereby certify that Lincoln County will not obligate or expend in any project activity except for the administration activity until DCA is provided with citizens participation compliance requirement documentation from the application process [4NCA 19L.l 0029b)]. This documentation shall include publisher's affidavits of notices for and minutes signed by the County Clerk of the two required public hearings. (See Attachment #..l); Alex E. Patton, Chairman Name and Title of Certifying Official Signature of Certifying Official Adopted this day of 2010 Attested: Name and Title Signature 34

38 AUTHORIZED DESIGNEES SIGNATORY FORM RESOLUTION WHEREAS, Lillcolll COUIlty has beell awarded a CommUl';ty Developmellt Block Grallt (CDBG) from the State of North Carolillafor Scattered Site Housillg improvemellts; WHEREAS, Lincoln County wishes to authorize the Director of Finance and their designees to sign the Signatory Form and Certification; WHEREAS, this resolution will enable Lincoln County to requisition funds from the North Carolina Department of Commerce, Division of Community Assistance for expenses associated with the CDBG Scattered Site Housing Program Grant; NOW THEREFORE BE IT RESOLVED, that Lincoln County Board of Commissioners authorizes the Director of Finance and their designees listed on the Signatory Fonn and Certification to sign requisitions on behalf of the County for reimbursement of County expenses associated with this Community Development Block Grant. Adopted this day of " 2010 Alex E. Patton, Chairman Lincoln County SEAL Attested: Name and Title Signature 35