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CDBG-R Substantial Amendment
TOWN OF EAST HARTFORD
SUBSTANTIAL AMENDMENT TO
COMMUNITY DEVELOPMENT BLOCK GRANT
34th PROGRAM YEAR ACTION PLAN
(CDBG-R)

                                                                                              JUNE 5, 2009

Certifications


(1)   Affirmatively furthering fair housing.  The jurisdiction will affirmatively further fair housing, which means that it will conduct an analysis to identify impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions in this regard.

(2)  Anti-displacement and relocation plan.  The jurisdiction will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR part 24; and it has in effect and is following a residential anti-displacement and relocation assistance plan required under section 104(d) of the housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under CDBG-R.

(3) Drug Free Workplace.  The jurisdiction will or will continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about –
(a) The dangers of drug abuse in the workplace;
(b) The grantee's policy of maintaining a drug-free workplace;
(c) Any available drug counseling, rehabilitation, and employee assistance programs; and
(d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will -
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction;
5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under       subparagraph 4(b), with respect to any employee who is so convicted:
(a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6.

(4)   Anti-lobbying.  To the best of the jurisdiction's knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and
3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

(5)   Authority of Jurisdiction.  The jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations and other program requirements.

(6)   Consistency with Plan.  The housing activities to be undertaken with CDBG-R funds are consistent with its consolidated plan.
(7)   Section 3.  The jurisdiction will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), and implementing regulations at 24 CFR part 135.

(8)   Community development plan.  The jurisdiction certifies that the consolidated housing and community development plan identifies housing and community development needs and specifies both short-term and long-term community development objectives that have been developed in accordance with the primary objective of the statute authorizing the CDBG program.

(9)   Following a plan.  The jurisdiction is following a current consolidated plan that has been approved by HUD.

(10)   Use of funds.  The jurisdiction has developed activities so as to give the maximum feasible priority to activities that will benefit low- and moderate-income families or aid in the prevention of slums or blight. Additional activities may be included that are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs
It has complied with the following criteria:
1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG-R funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available);
2. Special Assessments.  The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG-R funds by assessing any amount against properties owned and occupied by persons of low- and moderate-income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG-R funds are used to pay the proportion of a fee or assessment attributable to the capital costs of public improvements (assisted in part with CDBG-R funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG-R funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG-R funds, unless CDBG-R funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG-R funds. In addition, with respect to properties owned and occupied by moderate-income (but not low-income) families, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG-R funds if the jurisdiction certifies that it lacks CDBG-R or CDBG funds to cover the assessment.

(11)   Excessive Force.  The jurisdiction certifies that it has adopted and is enforcing: (1) a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and (2) a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location that is the subject of such non-violent civil rights demonstrations within its jurisdiction.

(12)   Compliance with anti-discrimination laws.  The CDBG-R grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair Housing Act (42 U.S.C. 3601-3619), and implementing regulations.

(13) Compliance with lead-based paint procedures.  The activities concerning lead-based paint will comply with the requirements of part 35, subparts A, B, J, K, and R of this title.

(14) Compliance with laws.  The jurisdiction will comply with applicable laws.

(15) Compliance with ARRA.  The jurisdiction will comply with Title XII of Division A of the American Recovery and Reinvestment Act of 2009.

(16) Project selection.  The jurisdiction will select projects to be funded, by giving priority to projects that can award contracts based on bids within 120 days from the date the funds are made available to the recipient, and that will ensure maximum job creation and economic benefit.

(17) Timeliness of infrastructure investments.  When the jurisdiction uses CDBG-R funds for infrastructure investments, the grantee will give preference to quick-start and finish activities, including a goal to use at least 50 percent of the funds for activities within 120 days of enactment of the Recovery Act.

(18) Buy American provision.  The jurisdiction will ensure that all iron, steel and manufactured goods used in construction, alteration, repair, or maintenance of a public building or public work project assisted with CDBG-R funds under the Recovery Act must be produced in the United States unless the Secretary finds that: (1) the requirement is inconsistent with public interest; (2) those goods are not reasonably available or produced in sufficient quantity in the U.S.; (3) or the use of the goods will increase the project cost by more than 25 percent.  

(19) Appropriate use of funds for infrastructure investments.  The Governor, mayor, or other chief executive, as appropriate certifies, that any infrastructure investments have received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. Alternatively, a grantee’s chief elected official certifies that infrastructure investments will receive the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars.

(20) 70% of CDBG-R for LMI.  The aggregate use of CDBG-R funds shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the grant is expended for activities that benefit such persons over the life of the CDBG-R grant.



_________________________________                               _____________
Signature/Authorized Official                                           Date
Melody A. Currey


___________________
Title:  Mayor


EXECUTIVE SUMMARY

TOWN OF EAST HARTFORD SUBSTANTIAL AMENDMENT TO
34th PROGRAM YEAR ACTION  PLAN

FOR THE PERIOD JUNE 5, 2009 – SEPTEMBER 30, 2012

A supplemental appropriation of $172,507 has been allocated to the Town of East Hartford (an Entitlement grantee) by the American Recovery and Reinvestment Act of 2009.  

As required by the Notice of Program Requirements for Community Development Block Grant Program Funding Under the American Recovery and Reinvestment Act of 2009, the following substantial amendment to the Program Year (PY) 2008 Action Plan is hereby submitted.

Enclosed are:

  • Signed Standard Federal Form SF-424
  • Signed Certifications
  • Substantial Action Plan Amendment
  • CDBG-R Activity Data Spreadsheeet
  • CDBG-R Substantial Amendment Grantee Checklist

A legal notice advertising a public hearing concerning this substantial amendment to the PY 2008 Action Plan was printed on Friday, May 15, 2009 in The Hartford Courant.  A public hearing was held on Tuesday, May 19, 2009 as an opportunity for citizens to comment on the proposed substantial amendment (minutes attached).  As materials were developed and published they were placed on the Town’s website (http://www.ci.east-hartford.ct.us) and copies were available for review in the Grants Administration Office, the Town Clerk’s Office and Raymond Library for a minimum of seven (7) calendar days.  The Town Council of East Hartford passed a resolution on June 2, 2009 approving this substantial amendment.

BUDGET

Total Activity Budget $172,507
No other Recovery Act funding will be used.

Construction                                    $155,500
Administration                                 $17,007

Total Budget                                    $172,507

ACTIVITY DESCRIPTION

Funds will be used for improvements to deteriorated sidewalks in low- to moderate-income neighborhoods throughout town (eligible activity under 24 CFR 570.201 (c) public improvements; meets HUD National Objective criteria under 24 CFR 570.208 (a) (1) (i) low- mod- area benefit).  

Sidewalk slab replacement is a project that meets the requirements of Title XII of Division A and Section 1602 of the Recovery Act such that contracts based on bids can be awarded within 120 calendar days from the date funds are available.  As an infrastructure investment, this activity can be started and completed expeditiously due to the following rationales:

  • Grants Administration Office’s prior experience conducting CDBG funded sidewalk replacement project (31st PY);
Pre-existence of template for work specifications produced by the Town’s Engineering Department;
Staff familiarity with bidding procedures;
Staff familiarity with application of Davis Bacon wage rates; and
Timing is such that advantage may be taken of this year’s construction season.

This activity will maximize job creation by providing work for construction contractors, subcontractors and one (1) sidewalk inspector.  Administrative personnel will also retain their positions.

This activity is intended to assist those most impacted by the recession by supplying jobs for the construction industry.

This activity will provide investment needed to increase economic efficiency by providing work and therefore income to construction workers and by purchasing materials manufactured in the United States, thus keeping American companies in business.

This activity will invest in infrastructure with long term economic benefits by sustaining jobs therefore promoting economic opportunities for individuals and by providing safe accessibility for low- to moderate-income persons to areas where they may work, attend school, access health care and patronize local businesses.

Due to financial constraints the Town of East Hartford has not been able to make needed physical public improvements.  Primary of these is the replacement of deteriorated sidewalks. Conducting a sidewalk replacement project with Recovery money minimizes or avoids reductions in essential services.

Eliminating tripping hazards on pedestrian walkways promotes public safety.  Citizens with certain physical disabilities (wheelchair-bound for example) reduce their risk of encountering impassable routes that force them on to roadways causing dangerous conditions for those individuals as well as for drivers.  Their need for police, fire and medical assistance is therefore reduced or eliminated.  Other citizens (especially elderly) reduce their risk of falls and therefore their need for emergency medical services.

This activity will foster energy independence by providing safe walkways for citizens to use as an alternative to driving motorized vehicles and increases their ability to access public transit.  This also promotes energy conservation (saving gasoline) and reduces pollution emissions (by having less vehicles on our roads).

JOB ESTIMATION

Number of full-time jobs estimated to be created and retained:  1
Number of part-time jobs estimated to be created and retained:  5
(Includes permanent, construction and temporary)

CONTACT INFORMATION

Clare Fravel
Assistant Grants Administrator
Town of East Hartford
740 Main Street
East Hartford, CT 06108
Phone:  (860) 291-7210
Fax:    (860) 289-8394
Jurisdiction web address:       http://www.ci.east-hartford.ct.us

CITIZEN PARTICIPATION

The Notice of Program Requirements for Community Development Block Grant Program Funding Under the American Recovery and Reinvestment Act of 2009 and portions of the Town’s Citizen Participation Plan were followed in the development of the Substantial Amendment to the 34th PY Action Plan.  A legal notice was published in The Hartford Courant on May 15, 2009 inviting residents and community organizations to attend a public hearing on May 19, 2009 in order to give their views on proposed activities.  Substantial Amendment materials were placed on public display at the Raymond Library, the Town Clerk’s Office and on the Town’s website for a seven day comment period.  No comments were received.  On June 2, 2009 the Town Council approved the Substantial Amendment.  

Appendix A contains the published legal notice and minutes from the public hearing.

APPENDIX A

LEGAL NOTICE
TOWN OF EAST HARTFORD
COMMUNITY DEVELOPMENT BLOCK GRANT - RECOVERY (CDBG-R)
ADVERTISEMENT OF PUBLIC HEARING


In accordance with Title I of the Housing and Community Development Act of 1974, as amended, the Town of East Hartford’s Grants Administration Office does hereby notify the residents of East Hartford of a substantial amendment to the 34th Year (2008-2009) Action Plan as follows:

A supplemental appropriation of $172,507 has been allocated to the Town of East Hartford by the American Recovery and Reinvestment Act of 2009.  Funds will be used for improvements to sidewalks in low- to moderate-income areas throughout town.

A public hearing will be held on Tuesday, May 19 at 7:00 PM in the Town Hall Second Floor Conference Room – B (handicapped accessible) located at 740 Main Street, East Hartford.  Si necesita un interprete, llame a la Oficina de Grants al telefono 291-7210 tres dias laborables antes de una audiencia.  

As Action Plan amendment materials are developed and published, they will be posted on the town’s website (www.ci.east-hartford.ct.us).  Copies will also be available for review in the East Hartford Grants Administration Office (740 Main Street, East Hartford), Town Clerk’s Office (740 Main Street, East Hartford) and at the Raymond Library (840 Main Street, East Hartford).

The aforementioned substantial amendment will be presented to the East Hartford Town Council for approval at a public meeting to be held on Tuesday, June 2, 2009, at 7:30 PM in the Town Hall, 740 Main Street.  Submission of this substantial amendment is due to the Department of Housing and Urban Development (HUD) no later than June 5, 2009.  

Citizens and organizations are invited to comment at this public hearing. For additional information regarding CDBG, call 291-7210 (TDD/TDY users also) or visit the Grants Administration Office, 740 Main Street, East Hartford, CT, 06108, Monday through Friday, 8:30 AM - 4:30 PM.

Clare Fravel
Assistant Grants Administrator




MINUTES

TOWN OF EAST HARTFORD
COMMUNITY DEVELOPMENT BLOCK GRANT - RECOVERY
PUBLIC HEARING
Tuesday, May 19, 2009 at 7:00 p.m.


A public hearing for the Community Development Block Grant was called to order on Tuesday, May 19, 2009 at 7:01 p.m. in the 2nd Floor Conference Room B of East Hartford Town Hall, 740 Main Street, by Assistant Grants Administrator Clare Fravel.

Staff present:          Mary G. Martin, Grants Administrator
                                Lincon Milling, Administrative Clerk
                        

Public present: see attached sign-in sheet

Ms. Fravel stated the purpose of this public hearing was to give citizens and community organizations the opportunity to comment on:

  • The Substantial Amendment to the 34th Program Year (2008-2009) Community Development Block Grant Action Plan.
Ms. Fravel read the Legal Notice (attached) which was published in The Hartford Courant on May 15, 2009. She stated that funding would be used to benefit low- to moderate- income areas in East Hartford and referred to a map of East Hartford on display that highlighted those areas. Ms. Fravel stated that there was a sign-in sheet for anyone in attendance and referred to copies of the Substantial Amendment to the 34th Program Year (2008-2009) Community Development Block Grant Action Plan budget that was available for review at the hearing.

At this point, Ms. Fravel invited anyone present to come forward if they had questions or comments.

There being no one from the public present, Ms. Fravel adjourned the Public Hearing at 7:05 p.m.

Respectfully submitted,



_______________________________
Lincon Milling, Administrative Clerk
Grants Administration Office
                                


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