STATE OF CONNECTICUT
TOWN OF GREENWICH
A regular Representative Town Meeting of the Town of Greenwich will be held in the Moderator’s Hall of Central Middle School on Monday October 25, 2004 at 8:00 P.M.(E.D.T.) for the following purposes:
l. To consider and act upon the following resolution, initiated by the Director of Community Development and approved by the Board of Estimate and Taxation.
WHEREAS, the Policy of the Town of Greenwich requires that the Board of Estimate and Taxation shall annually make and file in the Office of the Town Clerk a Detailed Statement of the Appropriations, with its reasons for said Appropriations which it deems necessary to meet the expenses and to conduct the affairs of the Community Development Block Grant Program of the Town of Greenwich for the ensuing Fiscal Year, that is to say, for the Year January 1, 2005 to December 31, 2005 inclusive; and
WHEREAS, the said Board has. so filed in the Office of Town Clerk a Detailed Statement of such Appropriations contained in a document designated as the Community Development Block Grant Proposed Action Plan, January 1, 2005-December 31, 2005 pages 2 through 6, pages 50 through 87 and pages 124 through 126, will also forward a copy of this resolution indicating approval of the Community Development Block Grant Plan and Budget for the Fiscal Year January 1, 2005 - December 31, 2005 by the Board of Estimate and Taxation; and
WHEREAS, the said Policy provides that the Board of Estimate and Taxation shall submit proposed Appropriations and make such Appropriations as may appear advisable, except that no Appropriations shall be made exceeding an amount for the same purpose recommended by the said Board; and
WHEREAS, said Community Development Block Grant Proposed Budget and expenditure History - 2005` was forwarded to the members of the Representative Town Meeting on or about September 7, 2004 for action by the` Representative Town Meeting at it's Meeting to be held October 25, 2004.
NOW, THEREFORE, BE IT RESOLVED, that the recommendations of the Board of Estimate and Taxation as,contained in the said Community Development Block Grant Budget filed, as stated, in the Office of the Town Clerk and submitted at the meeting of the Representative Town Meeting be and the same hereby are approved as the Appropriations for the ensuing Year 2005,
FURTHER RESOLVED, that the Appropriations of $1,265,797, set forth, are hereby approved, made and adopted for the Fiscal Year January 1, 2005 to December 2005, inclusive and conditioned on the U. S. Department of Housing and Urban Development approval of the projected entitlement of approximately $1,115,000 (+/-), the receipt of an annual incremental loan repayment of $38,718; and the reprogramming of $112,079 from projects completed for less than the budgeted amount,
FURTHER RESOLVED, that in the event the entitlement amount should be more than anticipated, the additional funds will be appropriated to a contingency line item, or if the entitlement is less than the projected $1,115,000 and the loan repayment is less than the $38,718, the priority for funding, after the staff salaries, will be based on an equal percentage reduction of the activities listed in the "CDBG Proposals-First Selectman's Recommendation For Funding Year 2005"; and
FURTTHER RESOLVED, that the First Selectman, under the provisions of Title 8 of the Connecticut General Statues, Chapter 130, Part VI, Community Development and Title 1 of the Housing and Community Development Act of 1974 (42 U.S.C. §5301 et seq.); the Department of Housing and Urban Development Act (42 U.S.C. §3531 et seq.), be hereby authorized to accept grants for the purpose of carrying out an approved Community Development Block Grant Program for the Town of Greenwich; and,
FURTHER RESOLVED that the Department of Community Development of the Town of Greenwich, for purposes set forth in this Budget is authorized to accept grants or funds made available through the Community Development Block Grant Fund.
Referred to Finance Committee
Referred to Health & Human Services Committee
Referred to Legislative & Rules Committee
2. To consider and act upon the following resolution, requested by the Director of Community Development and approved by the First Selectman and the Board of Estimate and Taxation.
RESOLVED, that the Representative Town Meeting does hereby approve and adopt The Community Development Block Grant Proposed CDBG Action Plan January 1, 2005-December 31, 2005 and the Five year Consolidated Plan Management Process (CPMP), January 1, 2005-December 31, 2009, for the Town of Greenwich, Connecticut as on file in the Office of the Town Clerk, and as it may be modified by adoption of the Resolution of the Board of Estimate and Taxation; and that the Representative Town Meeting does hereby authorize the First Selectman to prepare the Final Action Plan, January 1, 2005-December 31, 2005 and the Five year Consolidated Plan Management Process (CPMP), January 1, 2005-December 31, 2009, for the Town of Greenwich and to apply for and accept funds for the purpose of carrying out housing and community development programs, as approved for fiscal year 2005 (January 1, 2005-December 31, 2005); and
RESOLVED, that in approving and adopting said Community Development Block Grant Proposed Action Plan, January 1, 2005-December 31, 2005, to become the Final Plan, and the Representative Town Meeting finds and determines that the Community Development Block Grant program will be conducted and administered in compliance with Title 8 of the Connecticut General Statutes, Chapter 130, Part VI. Community Development and Title I of the Housing and Community Development Act of 1974 (42 U.S.C 5301 et seq.) the Department of Housing and Urban Development Act 42 (U.S.C 3531 et. seq.)
FURTHER RESOLVED, that the First Selectman, under the provisions of Title 8 of the Connecticut General Statutes, Chapter 130 Part VI, Community Development and Title I of the Housing and Community Development Act of 1974 (42 U.S.C. §5301, et. seq.) the Department of Housing and Urban Development Act (42 U.S.C. §3531, et. seq.), be hereby authorized to accept grants for the purpose of carrying out an approved Community Development Block Grant program for the Town of Greenwich.
EXPLANATORY COMMENTS
Authorization is requested for the First Selectman to apply to HUD for funds for the purposes and amounts identified in the Proposed CDBG Action Plan (January 1, 2005–December 31, 2005). The Housing and Community Development Act of 1974, and subsequent amendments, is an act of Congress to return tax revenues to local communities from the Department of Housing and Urban Development (HUD) to address the needs established by the local communities, with an emphasis on neighborhoods, decent housing and suitable living environments; and expanding economic opportunities for persons of low- and moderate-incomes. Communities eligible to apply for the Community Development Block Grant (CDBG) entitlement, are required to prepare an Annual One Year Action Plan for Housing and Community Development Programs, which acts as the funding application and a Consolidated Plan (3 years or more) for all Community Development Programs. The RTM in October 1999, acted on the previous Five Year Consolidated Plan (January 1, 2000–December 31, 2004) for Greenwich.
The Town of Greenwich, from 1975 thru 2004, received more than $25,000,000 in CDBG funds. This application (Year 2005) is for an anticipated funding amount of $1,115,000 +/- (available funds cannot be determined at this time). If adopted by the RTM, the “Proposed” Action Plan (January 1, 2005–December 31, 2005) becomes “Final” and the document plus the Five Year Consolidated Plan Management Process (CPMP) January 1, 2005–December 31, 2005 is then submitted to HUD for approval. Under these Resolutions, the RTM is asked to hold a public hearing to consider and act on the Community Development Block Grant Proposed Action Plan (January 1, 2005–December 31, 2005. January 1, 2005–December 31, 2005.
The Board of Estimate and Taxation (BET) Resolution, adopted during its public hearing on September 21, 2004 requests action on the 2005 CDBG budget as identified in the Action Plan as the “Community Development Block Grant CDBG Proposed Budget and Expenditure History, 2005.” (Pages 124–126). Such documents have been prepared to coincide with the RTM action on the Proposed Action plan (January1, 2005-December 31, 2005).
The RTM has historically combined the 2 Resolutions for action. The amount of the year 2005 CDBG entitlement for the Town of Greenwich from HUD is anticipated at $1,115,000 (+/-) plus $38,718 of a loan repayment and the reprogramming of funds available from completed projects, in the amount of $112,079.49 for a total of $1,265,797.49. Statutorily, no more than 15% of the entitlement can be allocated for Public Service activities, and no more than 20% can be allocated for administrative and planning costs. The year 2005 proposed CDBG administrative budget is at 16.4% of the anticipated entitlement and income. The Proposed Action Plan (January 1, 2005–December 31, 2005) was developed so that the Town of Greenwich may or may not choose to apply for future CDBG entitlements. Per HUD requirements, the “Plan” has been developed with maximum citizen participation, including submission to various Town agencies, non-profit housing and social service agencies, local libraries and media for review and comment. The attachment is the certifications, which acts as the Agreement between the Town of Greenwich and the US Department of Housing and Urban development. Copies of the Community Development Block Grant Action Plan (January 1, 2005–December 31, 2005) and the Five Year Consolidated Plan Management Process (CPMP) January 1, 2005–December 31, 2005 were mailed (under separate cover) to all RTM members on September 7th 2004, providing (at a minimum) a 45 day review period.
Attachments
Certifications
In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that:
Affirmatively Further Fair Housing - The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of 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 that analysis and actions in this regard.
Anti-displacement and Relocation Plan - It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 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 the CDBG or HOME programs.
Drug Free Workplace - It 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.
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 sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
Authority of Jurisdiction - The consolidated plan is authorized under State and local law (as applicable and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations.
Consistency with Plan - The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan.
Section 3 - It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135.
Signature/Authorized Official
Title Date
Specific CDBG Certifications
The Entitlement Community certifies that:
Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105.
Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570).
Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD.
Use of Funds -- It has complied with the following criteria:
1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG 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. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2002 (1 year) (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period;
3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed 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 funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG 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 funds.
The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG 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 funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment.
Excessive Force -- 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 which is the subject of such non-violent civil rights demonstrations within its jurisdiction;
Compliance With Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations.
Lead-Based Paint -- Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with the requirements of 24 CFR §570.608;
Compliance with Laws -- It will comply with applicable laws.
_________________________________________________________________________________________
Signature/Authorized Official Title Date
Referred to Finance Committee
Referred to Health & Human Services Committee
Referred to Legislative & Rules Committee
3. To consider and act upon the following resolution, requested by the Director of Human Resources and approved by the First Selectman.
RESOLVED, that the sum of $312,791 for the fiscal year 2004-05, the sum of $738,810 for the fiscal year 2005-06, the sum of $728,868 for the fiscal year 2006-07 and the sum of $722,647 for the fiscal year 2007-08 be and the same is hereby appropriated to carry out the terms of the negotiated four year collective bargaining agreement between the Town of Greenwich and the Silver Shield Association of the Town of Greenwich.
FURTHER RESOLVED, that the Representative Town Meeting of the Town of Greenwich hereby approves such provisions of the award, if any, which may be in conflict with any charter provisions, special act, ordinance, rule, or regulation of the Town of Greenwich with the meaning of Connecticut General Statutes, Section 7-474.
Referred to Finance Committee
Referred to Town Services Committee
Referred to Labor Contracts Committee
4. To consider and act upon the following resolution, requested by Commissioner of Public Works and approved by the First Selectman and to be approved by the Board of Estimate and Taxation.
RESOLVED, that the sum of $197,000 be and the same is hereby appropriated to be added to Public Works’ General Fund account number Z345-59900-25108, know as “Public Works – Building Construction and Maintenance Division: Remove Underground Storage Tanks at North Street Maintenance Shed.”
Referred to Finance Committee
Referred to Public Works Committee
5. To consider and act upon the following resolution, requested by Director of Nathaniel Witherell and to be approved by the Board of Nathaniel Witherell and the Board of Estimate and Taxation .
RESOLVED, that the sum of $100,000 be and the same is hereby appropriated from Contingency to account 4505-51490 for consulting services to be provided to the Nathaniel Witherell Board.
Referred to Finance Committee
Referred to Health & Human Services Committee
6. To consider and act upon the following resolution, requested by the Superintendent of Schools and approved by the Board of Education.
RESOLVED, that the Board of Education be authorized to enter into a lease agreement with SunTrust for the purchase and installation of a modular facility for the relocation of Hamilton Avenue School children.
Referred to Education Committee
Referred to Legislative & Rules Committee
7. To consider and act upon the following resolution, requested by the Superintendent of Schools and approved by the Board of Education.
RESOLVED, that the Board of Education be authorized to accept cash donations, consistent with terms and conditions of the gift policy, from parent and other educational organizations, these receipts to become appropriations that the Board of Education may use to compensate authorized part-time temporary employees who provide approved extra and co-curricular programs and services to students.
Referred to Education Committee
Referred to Finance Committee
Referred to Legislative & Rules Committee
Dated at Greenwich,Ct THOMAS J. BYRNE
October 11, 2004 MODERATOR
CARMELLA C. BUDKINS
TOWN CLERK
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