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CM-08-04-085DATE: April 11, 2008 SUBJECT: City Manager Approval ITEM: Execute a Request for Release of Funds and Certification HUD Form 7015.15 for authorization to use Community Development Block Grant funds for the Fourth Program Year Action Plan activities. Department: Planning and Community Development Staff Person: Mona Ryan, Community Development Coordinator Justification: Any project or activity not Exempt under Section 58.34(a)) or Categorically Excluded under Section 58.35(b)) require posting or publishing notice of intent to request release of funds and certification (HUD form 7015.15). Fundinci: Cost: Source of funds: $125,830 CDBG HUD Entitlement Funds Background Information: In this case, these are unanticipated changes due to the availability of new funds and the old environmental reviews (ER) have been determined to be relevant to the new activities and thereby doing a new ER and public notice is not needed. HUD has three determinations for this process: (1) The original environmental reviews findings are still valid; and (2) The old environmental reviews are appropriate for the new action(s); and, (3) The new action was not included in any of the agency plans in writing at the time of the prior ER. Since these determinations are applicable, the City does not need to publish the public notice, and can submit Form 7015.15 to HUD for the release of the CDBG funds. - These funds are reallocated AGAPE funds ($116,961 rehab) and HOAP (down payment assistance refunds $8869). The agencies receiving these funds (Round Rock Housing Authority, WBCO, and Hope Alliance) have current ERs (see attached copies of earlier published notices). Also attached is a copy of the e-mail clarification from W. Laurence Doxsey, Field Environmental Officer and Region VI Energy Coordinator, U.S. Department of Housing and Urban Development, dated 2/19/08. A notice of a 30 day comment period on the Consolidated Plan Amendment was published on February 14, 2008. This notice is required for a substantial plan amendment. Copy of the notice is attached. Request for Release of Funds and Certification U.S. Department of Housing OMB No. 2506-0087 (exp. 6/30/2001) and Urban Development This form is to be used by Responsible Entities and Recipients (as defined in 24 CFR part 58.2) when requesting the release of funds, and requesting the authority to use such funds, for HUD programs identified by statutes that provide for the assumption of the environmental review responsibility by units of general local government and States. Public reporting burden for this collection of information is estimated to average 0.6 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor this collection of information, and a person is not required to respond to questions about this requirement, unless the collection request displays a valid OMB control number. Part 1. Program Description and Request for Release of Funds (to be completed by Responsible Entity) 1. Program Title(s): Public Facility Improvements 2. HUD/State Identification Number: B -07 -MC -48-0514 DUNS #10-274-0792 3. Recipient Identification Number: (optional) B -07 -MC -48-0514 DUNS #10-274-0792 4. OMB Catalog No(s): 4. Name & Address of Responsible Entity: City of Round Rock 221 East Main Street Round Rock, TX 78664 6. For information about this request, Contact: Mona Ryan, Community Development Coordinator 301 West Bagdad, Suite 140, Round Rock, TX 78664 512-218-5416 7. Name & Address of Recipient: (if different from responsible entity) 8. HUD or State Agency & Office Unit to Receive Request: US Department of Housing and Urban Development, CPD Division One Alamo Center 106 South St. Mary's Street, Suite 405 San Antonio, TX 78205 The recipient(s) of assistance under the program(s) listed above requests the release of funds and removal of environmental grant conditions governing the use of the assistance for the following: 9. Program Activity/Project Name: Public Facility improvements 10. Location: (street, address, city, county, & state) Round Rock, Williamson County, Texas 11. Program Activity/Project Description: Public Facility Inprovements (a) Refrigerators and freezers will be purchased and installed in the women's crisis shelter; (b) Upgrade and expansion of the Round Rock Housing Authority Community Center- Improvements include new flooring, windows, doors, a/c replacement, furniture, insulation, computers, painting, bathroom addition, siding and gutters, lighting, landscaping, sidewalks, and expansion of the community room with a 19' x 20' addition. (c) Portable Playground: a new portable playground will be installed at the Williamson -Burnet Counties Opportunties (WBCO) Head Start facility located at 110 S Brown St., Round Rock (d) Commercial refrigeration will be added to the Meals on Wheels center located at 310 W Bagdad, Bldg 2, Round Rock. form HUD -7015.15 (2/98) CM-- 06 -x` -k 035 Part 2. Environmental Certification (to be completed by responsible entity) With reference to the above Program Activity(ies)/Project(s), I, the undersigned officer of the responsible entity, certify that: 1. The responsible entity has assumed responsibility for and complied with, or will continue to comply with, the National Environmental policy Act of 1969, as amended; the environmental procedures, permit requirements and statutory obligations of the laws cited in 24 CFR 58.5 and 24 CFR 58.6; and the applicable State and Local laws. 2. After considering the type and degree of environmental effects identified by the environmental review completed for the proposed project described in Part 1 of this request, I have found that the project 0 did X did not require the preparation and dissemination of an of an environmental impact statement. 3. The responsible entity has disseminated and/or published in the manner prescribed by 24 CFR 58.43 and 58.60 a notice to the public in accordance with 24 CFR 58.70 and as evidenced by the attached copy (copies) or provide evidence of posting and mailing procedure. 4. The dates for all statutory and regulatory time periods for review, comment or other action are in compliance with procedures and requirements of 24 CFR Part 58. 5. In accordance with 24 CFR Part 58.71 (b) the responsible entity will advise the recipient (if different from the responsible entity) of any special environmental conditions that must be adhered to in carrying out the project. 6. I am authorized to and do consent to assume the status of federal official under the National Environmental Policy Act of 1969 and each provision of law designated in the 24 CFR Part 58.5 and 24 CFR Part 58.6 list of NEPA-related authorities insofar as the provisions of these laws apply to the HUD responsibilities for environmental review, decision making and actions that have been assumed by the responsible entity. 7. I am authorized to and do accept, on behalf of the recipient personally, the jurisdiction of the federal courts for the enforcement of all these responsibilities, in my capacity as certifying officer of the responsible entity. Signature of Certifying Officer of the Responsible Entity: x `aa1U►es R. Nuse, P.E.. Title of Certifying Officer: City Manager Date Signed Address of Certifying Officer: City of Round Rock 221 East Main Street Round Rock, TX 78664 4-14-0"6 Part 3. To be completed when the Recipient is not the Responsible Entity The recipient agrees to abide by the special conditions, procedures and requirements of the environmental review and to advise the responsible entity of any proposed change in the scope of the project or any change in environmental conditions in accordance with 24 CFR 58.71 (b). Signature of Authorized Officer of the Recipient: Title of Authorized Officer: Date Signed: Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties (18 USC 1001, 1010, 1012; 31 USC 3729, 3802). form HUD -7015.15 (2/98) COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND INTENT TO REQUEST RELEASE OF FUNDS August 15, 2007 City of Round Rock 221 East Main Street Round Rock, Texas 78664 (512)218-5400 This Notice shall satisfy the above-citied two separate but related procedural notification requirements. REOUEST FOR RELEASE OF FUNDS On or about September 14, 2007 the City of Round Rock will authorize the Rock Housing Authority to submit a request to the Department of Housing and Urban Development for the release of Capital Funds under the US Housing Act of 1937, to undertake the a project known as the 2006-2007 Capital Funds Project for the purpose of replacing gas lines, installation of HVAC units, and new screen doors at 1505 Lance Lane, Round Rock, Texas, 78664. The estimated total project cost is $120,427.00. FINDING OF NO SIGNIFICANT IMPACT The City of Round Rock has determined that the projects will have no significant impact on the human environment. Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (NEPA) is not required. Additional project information is contained in the Environmental Review Record (ERR) on file at the Office of Community Development located at 301 West Bagdad, Suite 140, Round Rock, Texas, 78664 and may be examined or copied weekdays 8:00 A.M. to 5:00 P.M. PUBLIC COMMENTS Any individual, group, or agency may submit written comments on the ERR to the Office of Community Development, 301 West Bagdad, Suite 140, Round Rock, Texas 78664. All comments received by September 14, 2007 will be considered by the City of Round Rock prior to authorizing submission of a request for release of funds. Commenters should specify which Notice they are addressing. RELEASE OF FUNDS The City of Round Rock certifies to the Department of Housing and Urban Development that James R. Nuse in his capacity as City Manager consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUD'S approval of the Page 1 of 2 certification satisfies its responsibilities under NEPA and related laws and authorities, and allows the Round Rock Housing Authority to use Program funds. OBJECTIONS TO RELEASE OF FUNDS HUD will consider objections to its release of funds and the City of Round Rock certification for a period of fifteen days from its actual receipt of the request (whichever is later} only if they are on one of the following bases: (a} the certification was not executed by the Certifying Officer or other officer of the City of Round Rock; (b} the City of Round Rock has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the grant recipient has committed funds or incurred costs not authorized by 24 CFR Part 58; or (d} another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to U.S. Department of Housing and Urban Development, CPD Division at One Alamo Center, 106 South St Mary's St, Suite 405, San Antonio, Texas,78205. Potential objectors should contact U.S. Department of Housing and Urban Development to verify the actual last day of the objection period. Jfies R. Nuse, P.E. anager Certification I certify that the COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND INTENT TO REQUEST RELEASE OF FUNDS was posted on the 15th day of August 2007 at 5:00 p.m. on the bulletin board at City Hall located at 221 East Main Street and the Round Rock Housing Authority bulletin boar located at 1505 Lance Lane. Christine R. Martinez City Secretary Page 2 of 2 COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND INTENT TO REQUEST RELEASE OF FUNDS February 7, 2006 City of Round Rock 221 East Main Street Round Rock, Texas 78664 (512)218-5400 This Notice shall satisfy the above-cited two separate but related procedural notification requirements. REOUEST FOR RELEASE OF FUNDS On or about February 28, 2006 the City of Round Rock will submit a request to the Department of Housing and Urban Development for the release of Community Development Block Grant funds under Title 1, section 104(g) of the Housing and Community Development Act of 1974 (in accordance with 42 U.S.C. 5304(g), as amended, to undertake the following projects: Name of Project: Housin 9 Activities Activity Description Fundin 9 Home Ownership Assistance Program (HOAP) (City-wide) $5,000 grants for down payment and closing cost assistance for eligible first time homebuyers. (City of Round Rock Office of Community Development) $100,000 Name of Project: Economic Development Activity Description Funding Small Business Incentives Program Funding for Storefront and Fascade Improvements (City of Round Rock Office of Community Development) $50,000 Name of Project: Public Services Activity Description Funding Bluebonnet Trails MHMR PRIDE Program Medical equipment: Adaptive seating devices for children (Bluebonnet Trails MHMR PRIDE) $5,000 Central Texas Children's Medical Rehabilitation Project Medical rehabilitation services for children with disabilities. (Easter Seals) $10,000 Low Rent Housing/Section 8 Orientation Equipment for new program participant orientations (Round Rock Housing Authority) $1,500 Youth Scholarship Program Financial assistance for families of at risk youth to attend various city sponsored camps. (City of Round Rock Parks and Recreation Department) $20,000 Senior Center Equipment Project Equipment to aid in computer and audio/visual activities in new senior center (City of Round Rock Parks and Recreation Department) $10,413 Senior Program Scholarships Scholarships for memberships and programs for seniors (City of Round Rock Parks and Recreation Department) $1,500 Meals on Wheels Weekend Supplement Program Expansion of existing Meals on Wheels program by providing clients with two additional meals on weekends. (Williamson Burnett Counties Opportunities) $10,179 Coats for Kids Project New coats for winter distribution (Round Rock Area Serving Center) $1,000 Food Pantry Project Purchase and procurement of food for food pantry. (Round Rock Area Serving Center) $2,000 Healthcare Helpline Program First point of contact for indigent health care services (Williamson County and Cities Health District) $8,500 Children's Health Insurance Program Partial funding of part time staff for enrollment of children in CHIP/Medicaid in Round Rock (Williamson County and Cities Health District) $7,500 Name of Project: Public Facility Improvements Activity Description Round Rock Housing Authority improvements Crisis Center improvements Playground improvements Funding $4,000 Playground upgrade $10,100 Page 1 of 2 Name of Project: Program Administration Activity Description Program Administration Oversight and administration of CDBG funds and activities. Funding $86,480 FINDING OF NO SIGNIFICANT IMPACT The City of Round Rock has determined that the projects will have no significant impact on the human environment. Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (NEPA) is not required. Additional project information is contained in the Environmental Review Record (ERR) on file at the Office of Community Development located at 301 West Bagdad, Suite 140, Round Rock, Texas, 78664 and may be examined or copied weekdays 8:00 A.M. to 5:00 P.M. PUBLIC COMMENTS Any individual, group, or agency disagreeing with this determination or wishing to comment on the project may submit written comments to the Office of Community Development, 301 West Bagdad, Suite 140, Round Rock, Texas 78664. All comments received by February 28, 2006 will be considered by the City of Round Rock prior to authorizing submission of a request for release of funds. A person providing comments should specify which part of this Notice they are addressing. RELEASE OF FUNDS The City of Round Rock certifies to the Department of Housing and Urban Development that James R. Nuse in his capacity as City Manager consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUD'S approval of the certification satisfies its responsibilities under NEPA and related laws and authorities, and allows the City of Round Rock to use Program funds. OBJECTIONS TO RELEASE OF FUNDS HUD will consider objections to its release of funds and the City of Round Rock certification received by March 17, 2006 or a period of fifteen days from its receipt of the request (whichever is later} only if they are on one of the following bases: (a} the certification was not executed by the Certifying Officer or other officer of the City of Round Rock approved by HUD; (b} the City of Round Rock has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the grant recipient has committed funds or incurred costs not authorized by 24 CFR Part 58 before approval of a release of funds by HUD; or (d} another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58) and shall be addressed to U.S. Department of Housing and Urban Development, CPD Division at One Alamo Center, 106 South St Mary's St, Suite 405, San Antonio, Texas,78205. Potential objectors should contact U.S. Department of Housing and Urban Development to verify the actual last day of the objection period. s R. Nuse, City Manager Certification I certify that the COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND INTENT TO REQUEST RELEASE OF FUNDS was posted on the 7th day of February 2006 at 9:00 a.m. on the bulletin board at City Hall located at 221 East Main Street, the Round Rock Housing Authority bulletin board located at 1505 Lance Lane (Section 8 office), and the Williamson County Annex bulletin board located at 211 Commerce Cove. % Christine R. Martinez, City Secretory Publication Date: Thursday, February 9, 2006 Page 2 of 2 it can ties if Notice to the Public of 30 Day Comment Period. Consolidated Plan Amendment Purpose: Notify citizens of a "Substantial Amendment" to the 2004-2009 Consolidated Plan, Second Program Year and Fourth Program Year regarding the elimination of certain activities and reallocation of those funds. Justification: The following projects have been withdrawn by the applicant, AGAPE PRC: Project ID Activity No. Category: Amount: PID 2005-0002 277 Public Facility Improvements $116,961 PID 2007-0007 337 Public Services $12,500 Total $129,461 Community Development Block Grant funds were returned in FY 2007 on the Homeownership Assistance Program (HOAP) on the following activities: Project ID Activity No. Category:Amount: Amount: PID 2005-0003 296 Down Payment Assistance for first time homebuyer $3,869 PID 2003-0015 235 Down Payment Assistance for first time homebuyer $3,750 PID 2003-0015 194 Down Payment Assistance for first time homebuyer $1,250 Total $8,869 Proposed Change: Amend the Second Year and Fourth Year Action Plans by deleting the AGAPE projects and reallocating funds to new activities. A total of $138,330 is available for immediate reallocation. A recommendation for funding was made by the Community Development Advisory Commission at its regular meeting on February 7, 2008. City Council will consider this amendment at the March 13, 2008 City Council meeting at 7:00 PM, in the City Council Chambers located at 221 East Main Street, Round Rock, Texas. The following projects/activities were recommended: Applicant Project/Activity- Category: Amount: WBC Opportunities Playscape for 110 S. Brown Street (Headstart) Public Facility Improvement $40,000 Round Rock Housing Authority Community Center and Office Expansion, 1505 Lance Lane Public Facility Improvement $77,430 WBC Opportunities Commercial refrigerator for Meals on Wheels/Senior Nutrition Public Facility Improvement $2,400 Williamson Co. Crisis Center Refrigeration for Emergency Shelter Public Facility Improvement $6,000 City of Rouhd Rock (PARD) Senior Scholarship Program Public Service $1,900 Williamson Co. Crisis Center Emergency Hotel Fund Program Public Service $5,000 Round Rock Volunteer Center Part Time Staff position for Community Restitution program Public Service $5,600 Reallocation Total $138,330 Background: The City of Round Rock Community Development Citizens Participation Plan requires that there must be reasonable notice of a proposed Substantial Amendment so that residents will have an opportunity to review it and comment on it. Comments: Citizens may send written comments to Mona Ryan, Community Development Coordinator, Office of Community Development, 301 W. Bagdad, Suite 140, Round Rock, TX 78664 or call 218-5416 (voice) or 1-800-735-2989 (TDD). Comments will be accepted by the Office of Community Development Department until 5:00 p.m., March 12, 2008. Certification I certify that the above Notice to the Public of 30 Day Comment Period was posted on the bulletin board at the City Hall of the City of Round Rock, Texas located at 221 East Main Street; on the 11'" day of February, 2008 at 5:00 p.m. Publication date: Thursday, February 14, 2008 /original signed/ Sara White, City Secretary Page 1 of 2 From: Doxsey, W. Laurence [W.Laurence.Doxsey@hud.gov] Sent: Tuesday, February 19, 2008 3:11 PM To: Mona Ryan Subject: RE: new environmental for Round Rock Housing Authority ?? Mona - This should be more clear. A. If the new action was not anticipated (Part 58.47(a)(1)) by the City and PHA, the old ERR can be updated as described in my earlier message (Part 58.47(b)(1)). The following conditions will apply to this approach: 1. The original findings are still valid, 2. the old ER is the appropriate one for the new action. For example, a categorical exclusion was done before and that is what would be needed for the new action - or an EA was done for the old env. review. 3. The City and PHA will certify that the new action was not included in any of their plans in writing at the time of the prior ER. (This is how "not anticipated" at part 58.47(a)(1) is addressed.) If this is applicable, the City would not need to publish the public notice, it would submit Form 7015.15 to HUD for the release of the CDBG - or if converted to exempt (if treated as a categorical exclusion), it would document the conversion to exempt and access the funds. In this case, we are treating the fact that the old ER has been determined to be relevant to the new/changed activity and thereby doing a new ER and public notice is not needed. B. If the new action was anticipated by the City or PHA at the time of the old ER, then a new ER is needed addressing the project. This is because the original ER should have included this activity and the re-evaluation criteria from Part 58.47(a) (1) is not available. W. Laurence Doxsey Field Environmental Officer and Region VI Energy Coordinator U.S. Department of Housing and Urban Development 106 S. St. Mary's, Suite 405 San Antonio, TX 78205 (210) 475-6882 Phone (210) 472-6804 Fax Mote email address change W.Laurence.Doxsey@hud.gov From: Mona Ryan [mailto:mona@round-rock.tx.us] Sent: Tuesday, February 19, 2008 2:07 PM To: Doxsey, W. Laurence Subject: RE: new environmental for Round Rock Housing Authority ?? Laurence — This property is not located in a flood plain, nor is it in a historic district. But let me clarify a little more.... RRHA requested assistance from the city to prepare the EA because it was needed to access their CIP funds through the PHA HUD process. Now it will be accessing CDBG funds from the City. Does that change anything? Mona Ryan Community Development Coordinator City of Round Rock 301 West Bagdad, Ste 140 Round Rock TX 78664 (v) 512-218-5416 (f) 512-341-3152 (e) mona@lround-rock.tx.us www.roundrocktexas.gov From: Doxsey, W. Laurence [mailto:W.Laurence.Doxsey©hud.gov] Sent: Tuesday, February 19, 2008 2:00 PM To: Mona Ryan file://G:\MRyan_Com Dev\Community Development\HUD Forms\Environmental\Clarification re ... 4/7/2008 Subject: RE: new environmental for Round Rock Housing Authority Mona — You can review the original ER to see if it applies to the same env. conditions that will be faced in conducting the new activity. It sounds like the new activity is a rehabilitation/expansion project. If the location was in a floodplain, an expansion would trigger the 8 Step Process. Barring that or being in a historic district, it is possible that the original ER work and conclusions would apply to this change of activity. Based on that, the old ER would be supplemented by a memorandum to the ERR stating that "per Part 58.47(b)(1), the project has been re-evaluated and the env. conditions are unchanged from the ERR conducted and completed in January 2007. It is the City's determination that the original findings are applicable to this change in activity (state the activity)." A public notice is not needed,. A memo from the City stating the conclusions in the ERR memo can be provided to the PHA to send to HUD to gain authority to access the funds. Let me know if you have questions. 77 Page 2 of 2 W. Laurence Doxsey Field Environmental Officer and Region VI Energy Coordinator U.S. Department of Housing and Urban Development 106 S. St. Mary's, Suite 405 San Antonio, TX 78205 (210) 475-6882 Phone (210) 472-6804 Fax Note email address change W.Laurence.Doxsey@hud.gov From: Mona Ryan [mailto:mona@round-rock.tx.us] Sent: Tuesday, February 19, 2008 10:28 AM To: Doxsey, W. Laurence Cc: Margie Lopez Subject: new environmental for Round Rock Housing Authority Importance: High Laurence: 77 Round Rock has just gone through a public process where money has been reallocated and one of the recipients is the Round Rock Housing Authority (RRHA). An environmental assessment was completed for the 1505 Lance Lane housing project in January, 2007. In January 2008, one year later, the HUD Form 7015 was signed by the City Manager and sent to HUD by the Round Rock Housing Authority. The RRHA will use CDBG funds reallocated to it to expand its community center at 1505 Lance Lane. Do we have to do another environmental assessment or can we expand the current one to include the new construction component? The one prepared a year ago was for replacement of gas lines and installation of new HVAC units and screen doors at 1505 Lance Lane. If we can expand on the current one, please advise how this should be done. Mona Ryan Community Development Coordinator City of Round Rock 301 West Bagdad, Ste 140 Round Rock TX 78664 (v) 512-218-5416 (f) 512-341-3152 (e) mona@round-rock.tx.us www.roundrocktexas.gov file://G:\MRyan_Com Dev\Community Development\HUD Forms\Environmental\Clarification re ... 4/7/2008