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HomeMy WebLinkAbout1981-02-24 CorrespondenceCity oto Iowa Cif' MEMORANDUM Date: February 24, 1981 To: Abbie Stolfus, City Clerk From: W. H. Kendall Re: Liquor License .Magoo's The Blue 206 N. Linn Iowa City, Iowa 52240 In the interest of expediting this liquor license, we have signed the application form. However, we failed the building inspection because of code violations. Should the City Council approve this application, we respectfully request the license be held until the Building Inspection Department has approved corrections scheduled to be completed by Monday, March 2, 1981. bdw2/1 MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES 0727 _i i SUMMARY OF RECEIPTS JANUARY, 1981 TAXES $ 143,837.51 LICENSES & PERMITS 5,535.94 FINES & FORFEITURES 33,103.57 CHARGES FOR SERVICES 277,944.33 INTERGOVERNMENTAL REVENUE 1,740,054.53 USE OF MONEY & PROPERTY 96,536.07 MISCELLANEOUS RECEIPTS 736,536.92 TOTAL GENERAL 3,033,548.87 312 LOAN -- LEASED HOUSING 69,916.00 OTHER HOUSING 15.07 TOTAL SPECIAL 69,931.07 GRAND TOTAL L_1,103,479.94 I j MICROFILMED BY 'JORM MICROLAB ,CEDAR RAPIDS•DES MOINES r t m. L., V I _L. CITY OF IOWA CITY FINANCIAL SUMMARY JANUARY 1981 FUND/ ACCOUNT BEGINNING FUND BALANCE RECEIPTS DISBURSEMENTS ENDING FUND BALANCE _ INVESTMENT BALANCE + CHECKING ACCOUNT BAL. GENERAL $ 2,184,687.27 $ 288,010.95 $ 734,668.96 $ 1,738,029.26 $ 1,848,957.92 $(110,928.66) DEBT SERVICE (168,106.72) 279,383.39 99,716.75 11,559.92 11,500.00 59.92 CAPITAL PROJECTS 4,743,526.93 568,595.82 .1,094,764.88 4,217,357.87 4,217,350.00 7.8 ENTERPRISE 3,851,190.23 490,641.56 933,402.34 3,408,429.45 3,358,400.00 50,029 �; TRUST & AGENCY 739,330.28 20,740.98 151,101.02 608,970.24 606,859.20 2,111.4 INTRAGOV. SERVICE 123,272.83 643,437.26 635,603.50 131,106.59 -- 131,106.59 SPECIAL ASSESSMENT 16,424.93 2,843.63 -- 19,268.56 19,200.00 68.56 SPECIAL REVENUE (1,135,807.73) 1,242,194.67 243,974.31 137,587.37 404,448.29 (542,035.66) SUBTOTAL $10,354,518.02 $ 3,535,848.26 $ 3,893,231.76 $ 9,997,134, 52 $10,466,715.41 $(46q.58n.Rg1 PAYROLL (1,117.17) 548,027.20 546,910.03 -- -- -- R-14 ESCROW 243.44 -- -- 243.44 -- 243.44 312 LOAN 12,591.56 -- 4,589.60 8,001.96 -- 8,001,96 LEASED HOUSING II 132,263.99 69,916.00 76,573.88 125,606.11 128,247.80 (2,641.Fn) IOWA CITY HOUSING 1,325.26 15.07 528.99 811.34 811.34 -- FIREMAN PENSION 29,758.52 235.00 1,331.73 28,661.79 28,661.42 .37 FIREMAN RETIREMENT 1,995,351.83 85,109.70 12,843.14 2,067,618.39 2,067,617.13 1.26 POLICE PENSION 37,816.66 3,456.25 1,292.93 39,979.98 39,968.30 11.68 POLICE RETIREMENT 1,827,480.61 73,096.33 81509.10 1,892,067.84 1,891,913.02 ' 154.82 SUBTOTAL $ 4,035,714.70 $ 779,855, 55 $ 652-579,40 $ 4,I6?qqn 85 $ 4 I57,?IQ Ot $ 5,771.84 -- 771 8aGRAND GRAND TOTAL $14,390,232.72 $ 4,315 703.81 $ 4,545 811.16 $14,160,125.37 $14,623,934.42 $ (463,809.05) MICROFILMED BY JORM MICROLAB' 'CEDAR RAPIDS -DES -MOINES CO�.,;[L LISTING FUND: GENERAL FUND 01/8. VENDOR NAME PRODUCT DESCRIPTION AMOUNT AFRO RENTAL INC. NON -CONTRACTED IMPR 15.10 AIR COOLED ENGINE SERVICES MINOR EQUIP REPAIRS 245.47 AMERICAN WORD PROCFSSING OFFICE SUPPLIES 100.64 ANIMAL CLINIC VETERINARY SER. 40.00 ANIMAL CONTROL ACADEMY REGISTRATION 150.00 ANSWER IOWA INC. EQUIPMENT SERVICE 290.97 ASSOCIATES CAPITOL SERVICE TOOLS E EQUIPMENT RENT 278.48 ASSOC. OF 01-STATF REGISTRATION 35.00 B E K RIBBON CO. RECREATIONAL SUPPLIES 28.38 BARRON MOTOR. SUPPLY MISC. EQUIP REP MAT. 6.10 BAUMAN CO. UNIFORM CLOTHING 53.00 MATTHEW BENDER F: CO. REFERENCE MATERIAL 43.78 NEAL G. BERLIN TRAVEL 13.51 A BETTER CAB CO. AID TO AGENCIES 383.73 BIG B CLFANERS LAUNDRY SERVICE 35.64 BILL.IS PLUMBING L HEATING REP. OF ELECT./PLBG. 25.00 BLACKMAN DECORATORS INC. BUILDING E CONST. SUP. 83.15 BLUE CROSS/BLUE SHIELD OF IOWA HEALTH INSURANCE 55.99 BOSTON MUTUAL LIFE INS. LIFE INSURANCE 113.70 BOYD C RUMMELHART PLUMBING PLUMBING SUPPLIES 25.95 BREESE'S SANITATION EQUIP. 41.92 HERMAN M. BROWN CO. EQUIPMENT RENTAL 49000.00 BUREAU OF LABOR REP. E MAINT. TO BUILDI 44.00 BUREAU OF NATIONAL AFFAIRS REFERENCE MATERIAL 120.00 BURROUGHS CORP. MINOR OFFICE EQUIPMENT 100.00 CAPITOL KIRRY CO. OPERATING F.OUIPMENT 377.00 CEDAR RAPIDS GAZETTE ADVERTISING 155.27 CITY CARTON CO. MISCF.LLANEIOUS SUPPLIFS 10.00 CITY ELECTRIC SUPPLY MISCELLANEIOUS SUPPLIFS 458.29 IOWA CITY PETTY CASH REFUND 117.74 IOWA CITY PETTY CASH MEALS 135.81 PETTY CASH -RECREATION CENTER RECREATIONAL SUPPLIES 17.72 CLIENT SECURITY TRUST FUND DUES 6 MEMBERSHIPS 25.00 CLINE TRUCK E EQUIPMENT MISC. EQUIP REP MAT. 33.04 COMM. ON CONTINUING LEGAL ED. DUES C MEMBERSHIPS 10.00 COMMUNICATIONS OUTSIDE PRINTING 109.00 COMMUNICATIONS ENGINEERING CO. COMMUNICATION EOUIP.RF.P 140.79 CONTRACTORS TOOL E SUPPLY TOOLS 1.961.97 CORALVILLE SAWMILL BUILDING C CONST. SUP. 173.86 THE DAILY IOWAN ADVERTISING 117.80 DEPT. OF PUBLIC SAFETY TRACTS 150.00 DES MOINES REGISTER E TRIBUNE ADVERTISING 420.38 DOVER PUBLICATIONS INC. BOOKS 10.38 ECONOMY ADVERTISING OUTSIDE PRINTING 73.55 ELDERLY SERVICES AGENCY SOCIAL SERVICES 51000.00 FLKHART BRASS MFG. CO. MISC. EQUIP REP MAT. 71.89 ELLIOTT EQUIPMENT CO. MISC,. EQUIP REP MAT. 129.7.7 ENERGY CONSERVATION DIGEST SUBSCRIPTION 125.00 THE F STOP FILM PROCESSING 6.63 FANDEL ALARMS INC. MINOR EQUIP REPAIRS 123.00 FAYS FIRE F.OUIPMENT CO. FIRE EXT. G REFILLS 48.00 DAN R. FESLER VEHICLE REPAIRS 145.35 FIDLAR E CHAMBERS CO. SUBSCRIPTION 83.90 FLEETWAY STORES MISCELLANEIOUS SUPPLIES 66.98 FREEMAN LOCKSMITH E DOOR CLOSE TOOLS 9.90 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES L. mmim SJE"I ral CO,...CIL LISTING 01/8• FUND: GENERAL FUND VENDOR NAME PRODUCT DESCRIPTION AMOUNT GENERAL PEST CONTROL REP. C MAINT. TO BUILOi 16.00 GENERAL PEST CONTROL REP. E MAINT. TO BUIL DI 9.00 GILPiN PAINT E GLASS PAiNT 6 SUPPLIES 73.86 59.15 HACH BROTHERS SANITATION EQUIP. 53.41 HAWKEYF WHOLESALE GROCERY SANITATION SUPPLIES 787.92 HAYEK, HAYEK, E HAYEK ATTORNEY SER. 63.18 THE HIGHLANDER SUPPER CLUB TRAVEL 5.77 HY-VE.F FOOD STORE RECREATIONAL SUPPLIFS IRM OFFICE EQUIPMENT RENTAL 753.35 iBM OFFICE SUPPLIES 220.25 I.C.M.A. RETIREMENT CORP. SUPPLEMENTAL RETIREMENT 1,647.96 I.C.F.S.i. REGISTRATION 100.00 INTERNATIONAL CITY BOOKS 89.25 701.75 INTERNATIONAL CONFERENCE CONSULTANT SERVICE INTERNATIONAL SOCIETY DUES E MEMBERSHIPS 55.00 IOWA ASSOC. OF BLDG. OFFICIALS DUES E MEMBERSHIPS 22.00 IOWA BOOK L SUPPLY MINOR OFFICE EQUIPMENT 75.88 iC CRISIS INTERVENTION CENTER SOCIAL SERVICES 1,875.00 IOWA CITY PRESS CITIZEN LEGAL PUBLICATIONS 1837.74 IOWA CITY READY MIX CONCRETE 503.25 105.05 IOWA CONCRETE PAVING ASSOC. REGISTRATION 8,538.04 IOWA ILLINOIS GAS 6 ELECTRIC NATURAL GAS 44,951.94 IOWA ILLINOIS GAS G ELECTRIC ELECTRICITY 48.45 IOWA LUMBER CO. AGRICULTURAL MATERIAL I.P.E.R.S. (PERS L9,867.85 I.P.E.R.S. FICA 23,751.34 IA. PUBLIC TRANS. ASSN. DUES E MEMBERSHIPS 150.00 IOWA STATE INDUSTRIES OUTSIDE PRINTING 149.65 IOWA STATE INDUSTRIES TRAFFIC SIGN REP -SUP. 1,500.60 IOWA STATE UNiV. REGISTRATION 35.00 ` IOWA STATE. UNIVERSITY REGISTRATION 170.00 IOWA STATE UNIVERSITY REGISTRATION 35.00 { KENNETH IRVING FOOD ALLOWANCE 33.33 JOHNSON CONTROLS INC. BUILDING G CONST. SUP. 80.80 JO.CO. AGRICULTURAL ASSOC. BUILDING RENTAL 1,750.00 JOHNSON COUNTY CLERK COURT COST 30.00 1.56.80 JOHNSON COUNTY CLERK FILING FEF. 2,708.33 JOHNSON COUNTY S.E.A.T.S. AID TO AGENCIES 54.00 JOHNSONS MACHINE SHOP REP. f, MAINT. SUP. 733.90 JORM MiCROLAB MICROFILM 120.00 i K 10t ADVERTISING 80.00 K LOL ADVERTISING, 25.35 [` K MART AGRICULTURAL MATERIAL KCJJ RADIO ADVERTISING 100,00 KCJJ RADiO ADVERTISING, 100.00 K.R.N.A. COMMUNICATIONS INC. ADVERTISING 115.50 KAR PRODUCTS MISC. EQUIP REP MAT. L62.04 KEENE COIN HANDLING REPAIR PARTS 235.05 KEN'S MISCELLANEIOUS SUPPLIFS 400.16 ARTHUR KLOOS FOOD ALLOWANCE 33.33 OiL CO. MiSC. EQUIP REP MAT. 14.72 iKRALL LAREW CO. REP. OF ELFCT./PLRG. 67.35 DUTCH LASCKF. MiNOR EQUiP REPAIRS 12.00 LAWYERS COOPERATIVE. PUB. CO. REFERENCE MATERIAL 68.85 LEAGUE OF IOWA MUNICIPALITIES TUITIONS 75,00 aa8' MICROFILMED BY _i 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES COln9CIL LISTING 01/81 FUND: GENERAL FUND VENDOR NAME PRODUCT DESCRIPTION AMOUNT LENOCH C CILEK TOOLS 134.50 LIBERTY BUILDINGS BUILDING C CONST. SUP. 495.00 LIND ART SUPPLIES PAINT E SUPPLIES 12.00 LINDS FRAME-UP MINOR OFFICE EQUIPMENT 22.10 OLIN LLOYD BUILDING RENTAL 275.00 MANPOWER INC. TECHNICAL SERVICE 41.65 MARV'S GLASS REP. E MAINT. TO BUILDI 346.45 MARV'S GLASS NON -CONTRACTED IMPR 50.43 FARL MAY SEED G NURSERY TOOLS 29.48 MEDICAL ASSOCIATES MEDICAL SER. 334.00 MERCY HOSPITAL MEDICAL SER. 29035.18 METRO PAVERS SURFACING MATERIAL 459.00 METROPOLITAN SUPPLY SANITATION SUPPLIES 35.85 MID STATE. DISTRIBUTING CO. PRIOR -YEAR ENCUMBRANCES 177.98 3M LSB2130 TRAFFIC SIGNAL REP.SUP. 34.00 MISSOURI VALLEY SECTION ITE DUES G MEMBERSHIPS 4.00 MOORF BUSINESS FORMS PRINTING SUPPLIES 220.46 MOTOROLA COMMUNICATIONS DIV. MISCELLANEIOUS SUPPLIES 915.48 MULFORD PLUMBING E HEATING REP. OF ELECT./PLBG. 63.98 MUNICIPAL FINANCE REGISTRATION 175.00 BARBARA MURRAY LOCAL MILEAGE 33.00 N.A.H.R.O. DUES E MEMBERSHIPS 80.00 NAGLE LUMBER CO. PAINT E SUPPLIES 71.23 NATIONAL ACADEMY OF BOOKS 116.00 NATIONAL ACADEMY OF SCIENCES BOOKS 87.00 NATL. INST. OF MUNICIPAL LAW SUBSCRIPTION 261.00 NATIONAL LEAGUE OF CITIES REGISTRATION 270.00 MARY NEUHAUSER TRAVEL 48.00 NOEL'S TREE. SERVICE TREE TRIMMING/REMOVAL 19140.00 NORTH AMERICAN VAN LINES OPERATING EQUIPMENT 198.43 NORTH AMFRICAN VAN LINES OPERATING EQUIPMENT 490.21 NORTHWESTERN BELL TELEPHONE CHARGES 59384.75 OSCO DRUG OFFICE SUPPLIES 8.18 OVERHEAD DOOR CO. BUILDING REPAIR 175.20 PALS PROGRAM SOCIAL SERVICES 39875.00 PAPER CALMFNSON G CO. SNOW REMOVAL EQUIP. 19772.37 L.L. PELLING CO. ASPHALT 633.89 JUDITH PENDLETON OUTSIDE PRINTING 10.00 PHYSICIANS DESK REFERENCE BOOKS 13.95 PITNEY BOWES OFFICE EQUIPMENT RENTAL 136.25 PLEXIFORMS REP. C MAINT. SUP. 180.00 THE PRACTICAL LAWYERS SUBSCRIPTION 18.00 PRINTING INC. OUTSIDE PRINTING 19312.91 PUBLIC TECHNOLOGY BOOKS 7.00 PURE WATER SUPPLY MISCELLANEIOUS SUPPLIES 72.00 PURITAN CHURCHILL CHEMICAL CO. SANITATION SUPPLIES 29.94 PURITAN CHURCHILL CHEMICAL CO. SANITATION SUPPLIES 545.54 QUAD CITY'S TIMES ADVERTISING 75.00 RAPE VICTIM AnVOCACY PROGRAM SOCIAL. SERVICES 39885.00 REPUBLIC FLFCTRIC CO. TRAFFIC SIGN REP.SUP. 919.40 RIVER PRODUCTS SURFACING, MATERIAL 141.94 ROCCA WELDING E REPAIR MISC. EQUIP REP MAT. 76.00 RON'S WELDING MISCELLANEIOUS SUPPLIFS 32.48 ROTO ROOTER EQUIPMENT SERVICE 72.50 SAYLOR LOCKSMITH MISCELLANEOUS SUPPLIES 23.94 MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES • 140INES L, H COu,,CIL LISTING FUND: GENERAL FUND VENDOR NAME PRODUCT DESCRIPTION AMOUNT SEARS ROEBUCK L CO. MISCELLANEIOUS SUPPLIES 11.80 SHAY ELECTRIC REP. OF ELECT./PLRG. 706.22 SHAY ELECTRIC REP. OF ELECT./PLBG. 166.30 SIOUX STEAM CLEANER CORP. MISC. EQUIP REP MAT. 18.20 TREASURER OF THE STATE OF IOWA REFERENCE MATERIAL 5.00 STP.EB CONSTRUCTION REFUND 286.28 JOHN R. SUCHOMEL TECHNICAL SERVICE 214.00 SUN C FUN INC.. MINOR EQUIP REPAIRS 20.00 J. PAUL SWARTZENDRUBER MINOR EQUIP REPAIRS 21.00 TLS CO. DATA PROCESSING 3,218.69 TECHNIGRAPHICS INC. OUTSIDE PRINTING 377.60 TERRYIS OFFICF PRODUCTS PEPAIR OFFICE EQUIPMENT REPAIR 28.L5 TRAFFIC INSTITUTE BOOKS 3.50 TRT CITY BLUE PRINT CO. PRINTING SUPPLIES 69.29 PAUL BOWERS TRAVEL ADVANCE 134.00 U.S. POST OFFICE POSTAGE 2,200.00 UNIFORM DEN, INC. UNIFORM CLOTHING 2,484.50 UNIMARK-MCDONALD INC. COMPREHENSIVE LIAB. INS 69537.20 UNITED ACTION FOR YOUTH SOCIAL SERVICES 7000.00 UNIVERSITY OF IOWA DATA PROCESSING 51.96 UNIV. OF IOWA REGISTRATION 145.00 THE URBAN LAND INSTITUTE REFERENCE MATERIAL 34.47 VARSITY CLFANF.PS LAUNDRY SERVICE 11.85 ROSEMARY VITOSH TRAVEL 47.1.8 VON BRIFSFN E REDMOND S.C. PROFESSIONAL SERVICES 2089.91 WASHINGTON PARK INC. BUILDING RENTAL 2,008.05 WEE WASH IT LAUNDRY SERVICE 87.85 WEE WASH IT LAUNDRY SERVICE 13.95 WELT AMBRISCO INSURANCE NOTARY BOND 37.50 WELT AMBRISCO INSURANCE OTHER INSURANCE 577.00 I WEST PUBLISHING CO. REFERENCE MATERIAL 195.05 WILLOW CREEK NEIGHBORHOOD LTR. SOCIAL SERVICES 1,200.00 RAYMOND E. WOMBACHER FOOD ALLOWANCE 33.33 XEROX CORP. EQUIPMENT SERVICE 73.70 MICHAEL E. MURRAY JUDGEMENT E DAMAGES 500.00 MR. VERNON L. BOOTON, REFUND 75.00 GAIL KEISER REFUND 7.00 KEN KENNEY JUDGEMENT E DAMAGES 28.84 PAM HALSOTH REFUND 6.00 ANTHONY KHOL REFUND 16.00 LARRY HALL REFUND 5.00 TED 0. YANECEK REFUND 5.00 AMIR DIN REFUND 10.00 ULYSSES S. GRANT REFUND 5.00 REGAL VENDING REFUND 200.00 ROBERT E. SHANK REFUND 50.00 ELISABETH KUENZLI REFUND 4.50 AMACOM BOOKS CATALOGUED/CIRCUL 57.04 AMERICAN ASSOC. FOR HEALTH, PRINT/REFERENCE 2.40 AMERICAN BINDERY BOOK BINDING 22.48 AMERICAN LIBRARY ASSOC. BOOKS CATALOGUED/REF. 3.15 AMERICAN PUBLISHERS CO. BOOKS CATALOGUED/CIRCUL 261.69 ANTIQUE TRADER ANNUAL PRINT/REFERENCE 8.95 ASTRONOMICAL DATA SERVICE PRINT/REFERENCE 10.50 BAKER C TAYLOR CO. BOOKS CATALOGUED/CIRCUL 19134.69 O�o�O j MICROFILMED BY �t `JORM MICROLAB 1 CEDAR RAPIDS•DES'MOINES COUNCIL LISTING FUND: GFNERAL FUND VENDOR NAME PRODUCT DESCRIPTION AMOUNT BAKER C TAYLOR CO. PRINT/REFERENCE 378.40 R.R. BOWKEP. PRINT/REFERENCE 200.68 BRODART INC. MISCELLANEIOUS SUPPLIES 75.25 MARILYN M. BROWN BOOKS CATALOGUED/CIRCUL 5.95 L.W. ASSOCIATES PRINT/REFERENCE 259.00 CABLF.LIBRARIES PRINT/REFERENCE 25.00 CATALOG CARD CORP. TECHNICAL SERVICE .38 CHILDRENS PRESS BOOKS CATALOGUED/CIRCUL 2.54 CHILTON BOOK CO. BOOKS CATALOGUED/CIRCUL 1555.78 1 COLLECTOR BOOKS BOOKS CATALOGUED/CIRCUL 26.30 COLLEGE. BOARD PUBLICATION PRINT/REFERENCE 9.50 COLUMBIA SPECIAL PRODUCTS DISC 130.87 28.82 COMMERCE CLEARING HOUSE PRINT/REFERENCE 34.65 COMMERCIAL TOWEL LAUNDRY SERVICE 22.50 COMPUTERLAND BOOKS CATALOGUED/CIRCUL CONGRESSIONAL STAFF DIRECTORY PRINT/REFERENCE 24.00 CREATIVE EDUCATION INC. BOOKS CATALOGUED/CIRCUL 117.23 CRESTWOOD HOUSE BOOKS CATALOGUED/CIRCUL 62.01 DAVID E CHARLES INC. BOOKS CATALOGUED/CIRCUL 22.67 DEALERSCOPR PRINT/REFERENCE 20.00 DOUBLEDAY E CO. INC. BOOKS UNCATALOGED 55.21 DRAMATISTS PLAY SERVICE BOOKS CATALOGUED/CIRCUL EASTIN-PHELAN DIST. 16MM FILMS L02.42 89.68 THIE-F STOP SLIDES E SLIDE SETS 16.67 FLEF.TWAY TOOLS G MINOR EQUIPMENT FROHWEIN SUPPLY CO. OFFICE SUPPLIES 59.85 58.35 GALE RESEARCH CO. PRINT/REFERENCE 144.54 J.P. GASWAY GAYLORD BROTHERS INC. PAPER STOCK MISCELLANEIOUS SUPPLIES 4.30 HACH BROTHERS SANITATION E IND. SUP. 281.48 HOME AND SCHOOL INST. BOOKS CATALOGUED/CIRCUL 12.00 IBM OFFICE. SUPPLIES 10 INMAC OFFICE SUPPLIES 30.72 INTL. SCHOLARLY BOOK SERVICES BOOKS CATALOGUED/CIRCUL 17.95 IOWA BYSTANDFR PRINT/REFERENCE 12.00 IOWA CITY ALARM CO. RENTALS 90.00 1,259.68 IOWA ILLINOIS GAS E ELECTRIC ELECTRICITY 121.00 IOWA LIBRARY ASSOC. DUES E MEMBERSHIPS IOWA STATE UNIVERSITY PRINT/REFERENCE 90.00 JAME PUBLISHING CO. PRINT/CIRCULATING 59.00 JAPAN YFLLOW PAGES LTD. PRINT/REFERENCE 18.00 JOHNSON CONTPOLS BUILDING C CONST. SUP. 71.07 LENOCH G CILEK MISCFLLANFIOUS SUPPLIES 18.20 JOAN LIFFRING-ZUG E ASSOC. BOOKS CATALOGUED/CIP.CUL 2.90 LIND ART SUPPLY MISCELLANEIOUS SUPPLIFS 5.63 MEDICAL ECONOMICS INC. PRINT/REFERENCE 13.00 MICHIGAN DEPT OF PUBLIC HEALTH BOOKS CATALOGUED/CIRCOL 3.50 MILESTONE ART ASSOCIATES BOOKS ED/CIRCUL 28.50 MOTTS DRUG STORE PAMPHLETFILE49.51 NATIONAL GEOGRAPHIC SOCIETY PRINT/CIRCULATIN 21.90 NATIONAL RECORD PLAN DISC 289.22 3.00 NEW YORK PUBLIC LIBRARY PRINT/REFERENCE 4.95 NON-STOP BOOKS BOOKS CATALOGUED/CIRCUL NORTHWESTERN BELL TELEPHMISCELLONE 3 64.39 OSCO DRUG ANEIOUSGES SUPPLIFS 13.93 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES L, COUNCIL LISTING FUND: GENERAL FUND I VENDOR NAME PARACHUTING RESOURCES PERFORMING ARTS JOURNAL POPULAR SCIENCE BOOK CLUB PRAIRE LIGHTS BOOKSTORE PREDICAMENT QUIGLEY PUBLISHING CO. QUILL CORP. RANDALLIS SUPER VALU ! REGENT BOOK CO. RENEWABLE FNERGY.IN CANADA SILVER BURDETT j SIMON C SCHUSTER INC. SMITHSONIAN INSTITUTION SMUGGLFRIS COVE PUBLISHING SPIRIT THAT MOVES US TODD UNIFORM U.S. TOY CO. UNIVERSITY OF IOWA UNIV. OF IOWA WOOD ENERGY RESEARCH CORP. PRODUCT DESCRIPTION BOOKS CATALOGUED/CIRCUL BOOKS CATALOGUED/CIRCUL BOOKS CATALOGUED/CIRCUL BOOKS CATALOGUED/CIRCUL PRINT/CIRCULATIN BOOKS CATALOGUED/CIRCUL OFFICE SUPPLIES OTHER UNCATALOGED MAT. PRINT/CIRCULATIN BOOKS CATALOGUED/CIRCUL PRINT/CIRCULATIN PRINT/REFERENCE DISC BOOKS CATALOGUED/CIRCUL BOOKS CATALOGUED/CIRCUL LAUNDRY SERVICE TOYS WORK STUDY WAGES MISCELLANEIOUS SUPPLIES BOOKS CATALOGUED/CIRCUL FUND TOTAL MICROFILMED BY 'DORM MICROLAB CEDAR RAPIDS•DES MOINES AMOUNT 9.45 7.70 13.50 23.76 13.00 58.00 147.22 47.80 59.00 7.45 39.18 12.21 17.98 9.54 13.05 91.00 195.04 157.94 3.40 2.95 200#030.76 mi .-I n COUNCIL LISTING 01/8.^ FUND: DEBT SERVICE FUND VENDOR NAME PRODUCT OESCRIPTION AMOUNT IOWA CITY PETTY CASH G.O. BOND INTEREST FEDERAL RES. BANK OF CHICAGO G.O. BOND INTEREST .50 4,100.00 FEDERAL RES. RANK OF CHICAGO G.O. BOND INTEREST 919630.00 FIRST NATIONAL BANK G.O. BOND INTEREST 947.50 IOWA DES MOINES NAT'L BANK G.O. BOND INTEREST 29327.50 IOWA STATF BANK G.O. BOND INTEREST 578.75 MERCHANTS NATIONAL BANK G.O. BOND INTEREST 132.50 FUND TOTAL 999716.75 j MICROFILMED BY `JORM MICROLAB '.CEDAR RAPIDS•DES MOINES j MICROFILMED BY f 1JORM MICROLAB ,.CEDAR RAPIDS -DES •MOINES .� COUNCIL LISTING 01/8. FUND: CAPITAL PROJECT FUNDS VFNDOR NAME PRODUCT DESCRIPTION AMOUNT MARTIN K. FRY CONST. CONTRACTFO IMPROVEMENTS 646.485.05 JOHNSON rOlIMTY RF.COROER RECORDING FEES 205.80 JONFS PI.1IMBING L HEATING CONTRACTED IMPROVEMENTS 8.325.00 KNUTSON CONSTRUCTION BUILDING IMPROVEMENTS 10I9180.00 M.N.S. CONSULTANTS INC. ENGINEERING SER. 1,TD0.00 M.M.S. CONSULTANTS INC. ENGINEERING SFR. 1,020.00 METRO PAVERS CONTRACTED IMPROVEMENTS 149,342.79 N.N.N. INC. CONSULTANT SERVICE 1,250.00 OLIPHANT ENGINEERING CONTRACTED IMPROVEMENTS 15#476.15 PARKING IMC. OPERATING EQUIPMENT 9,071.00 STRFB CONSTRUCTION CONTRACTED IMPROVEMENTS 4,546.80 VEF.NSTRA E KIMM ENGINEERING SER. 11,491.20 CARL WALKER 6 ASSOC. ENGINEERING SER. 11#541.23 BRODART INC. OPERATING EQUIPMENT 91.89 DEVDKE CO. OFFICE FURNITURE/EQUIP. 40.61 HANSEN LIND & MEYER ARCHITECTURAL SFR. 4,593.34 IOWA BOOK & SUPPLY OFFICE FURNITURE/EQUIP. 77.20 IOWA CITY PRESS CITIZEN ADVERTISING 38.33 QUILL CORP. OPERATING EQUIPMENT 174.78 VAWTER E WALTER. INC. BUILDING IMPROVEMENTS 122,220.00 FUND TOTAL 1#088,871.17 j MICROFILMED BY f 1JORM MICROLAB ,.CEDAR RAPIDS -DES •MOINES .� COUNCIL LISTING I'I1ND: FNTI RPRISC FUNDS OL/81 VFNDOR NAME PRODUCT DESCRIPTION AMOUNT TOM ALRFRHASKY CONTRACTOR REPAIR OF BLDG. STRUCT. 49346.51 AMERICAN ASSOC. OF AIRPORT DUES C MEMBERSHIPS 150.00 TED ANDERSON LOCAL MILEAGE 18.00 BARKERS INC. EQUIPMENT RENTAL 617.50 BEARING SERVICE CO. MISC. EQUIP REP MAT. 174.90 BOYD C RUMMELHART PLUMBING PLUMBING SUPPLIES 164.09 CITY ELECTRIC, SUPPLY ELECTRICAL SUPPLIES 115.99 PARKING RESERVE TRANSFER 77.636.75 IOWA CITY PETTY CASH TECHNICAL SERVICE 28.67 IOWA CITY PETTY CASH TECHNICAL SERVICE 60.68 SEWER RESERVE ACCT. TRANSFER 2879515.68 SEWER BOND C INTEREST RESERVE TRANSFER 50086.00 WATER BOND C INTEREST RESERVE TRANSFER 3479907.11 CLOW CORPORATION WATER SYST. IMPR. MAT. 16,927.65 COMMERCIAL TOWEL LAUNDRY SERVICE 22.90 CONTRACTORS TOOL C SUPPLY ELECTRICAL SUPPLIES 84.33 CONTROL DATA CORP. MINOR EQUIP REPAIRS 1.449.00 CULLIGAN WATER CONDITIONING MISCELLANEIOUS SUPPLIES 48.25 ENVIREX INC. MISC. EQUIP REP MAT. 60.00 ERRS OFFICE SERVICES CALCULATORS 309.60 THE F STOP FILM 120.00 FAIRBANKS WEIGHING DIV. MINOR EQUIP REPAIRS 478.50 FPEF.MAN LOCKSMITH E DOOR CLOSE BUILDING C CONST. SUP. 28.98 FT. DODGE ROOFING REPAIR OF 9LDG. STRUCT. 12.050.40 GILPIN PAINT C GLASS MISCELLANEIOUS SUPPLIES 5.38 JEFF GOODWIN SAFETY SHOES 34.36 BILL GRELL CONSTRUCTION CONTRACTED IMPROVEMENTS 81280.00 HACH BROTHFRS SANITATION SUPPLIES 662.30 HALLMARK HOMES JUDGEMENT C DAMAGES 120.00 IOWA BYSTANDER, ADVERTISING 56.00 IOWA ILLINOIS GAS C ELECTRIC ELECTRICITY 391300.74 IOWA ILLINOIS GAS G ELECTRIC A ELECTRICITY 744.45 IOWA PARCEL SERVICE MISCELLANEOUS 3.20 JOHNSONS MACHINE SHOP REP. C MAINT. TO BUILDI 54.00 KELLY SECURITY SERVICES PROFESSIONAL SERVICES 720.00 KFN4S BUILDING C CONST. SUP. 4.82 KEOKUK ENERGY SYSTEMS MINOR EQUIP REPAIRS 50.00 LF.NOCH C CILEK MISCELLANEIOUS SUPPLIES 219.29 HARRY LEWIS ROOFING REPAIR OF BLDG. STRUCT. 320.00 LINWOOD STONE PRODUCTS HYDRATED LIME 1,2.02.96 MCCABE EQUIPMENT CO. INC. OPERATING EQUIPMENT 250.00 A.V. MC.DONALD MFG. CO OPERATING EQUIPMENT 523.62 MID STATE DISTRIBUTING CO. PRIOR -YEAR ENCUMBRANCES 16.50 MIDWEST JANITORIAL SERVICES TECHNICAL SERVICE 123.00 NATE MOORF WIRING SERV. A. REPAIR OF BLDG. STRUCT. 25.75 NAGLE LUMBER CO. LUMBER/HARDWARE. SUPPLIE 184.53 NEENAH FOUNDRY CO. SEWER. SYST. IMPR. MAT. 51778.00 NEPTUNE METER CO. WATER METERS 9,661.44 PARKING INC. MISC. EQUIP REP MAT. 1,786.76 PLEASANT VALLEY ORCHARDS LUBRICANTS 7.20 PRO SPECIALTIES INC. SANITATION EQUIP. 51.43 PUBLICATION SALES BOOKS 14.00 PYRAMID SERVICES OPERATING EQUIPMENT 2,508.99 OUAD CITY'S TIMES ADVERTISING 70.00 RUSSELL'S TOWING TOWING 10.00 i MICROFILMED BY 'JORM MICROLAB .CEDAR RAPIDS•DES I401NES ■] MICROFILMED BY ( �JORM MICROLAB CEDAR RAPIDS•DES MOINES Lt, COUNCIL LISTING O1/8i I FUND: FNTF.RPRISE FUNDS _ VFNDOR NAME PRODUCT DESCRIPTION AMOUNT SARGENT-WELCH SCIENTIFIC LAB. CHEMICALS E SUPPLI 101.83 SAYLOR LOCKSMITH REP. E MAINT. SUP. 327.18 SHAY ELECTRIC MINOR EQUIP REPAIRS 6,350.00 SIEG CO. MISC. EQUIP REP MAT. 22.76 SRECO SEWER RODDING CO. MISC. EQUIP REP MAT. 29.60 STATE TREASURER OF IOWA SALES TAX 3016.75 TLS CO. DATA PROCESSING SERVICE 250.00 THOMPSON-HAYWARD CHEMICAL CO. ALUMINUM SULFATE 5,680.29 U OF IOWA TECHNICAL SERVICE 92.00 UTILITY CONTROL CORP. MISC. EQUIP REP MAT. 171.77 PRISCILLA WRIGHT PROFESSIONAL SERVICES 18.00 KATHLEEN EYRES REFUND 12,98 TAMMY FISHER REFUND 4.58 J.C. PENNEY CO. REFUND 75.43 WM. TERRY REFUND 17.10 JAMES CLARK REFUND 6.02 JIM STIRLEN REFUND 1,63 DUDLEY NOBLE REFUND 49,18 CAPITOL SAVINGS 6 LOAN REFUND 4*91 HY-VEE REFUND 36.16 JAMES N. SMITH REFUND 9.58 FUND TOTAL 8909566.96 MICROFILMED BY ( �JORM MICROLAB CEDAR RAPIDS•DES MOINES Lt, COUNCIL LISTING 01/8 FUND: TRUST E AGENCY FUNDS VFNDOR NAME PRODUCT DESCRIPTION COCA COLA BOTTLING CO. POP AMOUNT PFPlI COLA BOTTLING CO. NF•ST MUSIC CO. POP SUPPLIES AMERICAN CORRECTIONAL ASSOC. BOOKSACATOALOGUED/CIRCUL MOTTS ORUr, STORE PRINT/CIRCULATING I11 FUND TOTAL I MICROFILMED BY JORM MICROLAB "CEDAR RAPIDS -DES -MOINES 27.84 87.24 113.00 20.00 44.85 292.93 I. COUNCIL LISTING FUND: INTRAGOVERNMENTAL SFRVICE FUNDS 01/81 VENDOR NAME PRODUCT DESCRIPTION AMOUNT AMP PRODUCTS CORPORATION TWO -TON TRUCKS 13.04 ACRO -ADROIT INC,. OFFICE SUPPLIES 2.4.10 ADN1I FNTFRPRTSFS MISCELLANEIOUS SUPPLIFS 32.00 AIR PRODUCTS 6 CHFMICALS RENTALS 4.50 BARRON MOTO SUPPLY TWO -TON TRUCKS 762.04 BEARING L SUPPLY HEADQUARTERS TWO -TON TRUCKS 6.21 BOYD C P•UMMELHART PLUMBING TWO -TON TRUCKS 7.44 BPANDT HEATING S AIR COND. REP. OF BLDG. HTG. FQUI 323.00 BR.EESE'S MISCELLANEIOUS SUPPLIES 19266.02 BRIGGS TRANSPORTATION CO. MISCELLANEOUS 24.46 HERMAN M. BROWN CO. SNOW REMOVAL EQUIP. 394.77 BUDGET CAR WASH CAR WASHES 7.00 BUSIPIFSS ESSENTIALS INCORP. OFFICE SUPPLIES 64.17 CAPITOL IMPLEMENT GENERAL EQUIP. 380.85 CFOAR RAPIDS SYMPHONY REIMBURSABLE TRAVEL 329.00 CHARTER COACHES INC. REIMBURSABLE TRAVEL 275.32 IOWA CITY PETTY CASH CAR WASHES 2.00 PETTY CASH -RECREATION CENTER REIMBURSABLE TRAVEL 14.35 CLINE TRUCK E EQUIPMENT TWO -TON TRUCKS 91.53 COMMUNICATIONS ENGINEERING CO. TWO -TON TRUCKS 265.85 CONSUMERS COOPERATIVE. SOCIETY DIESEL 17@618.82 CONTRACTORS TOOL E SUPPLY BUSES 61.15 COUCH E HFYLE TOOLS 25.36 CROUSE CARTAGE. CO. MISCELLANEOUS 24.42 THE DRAWING, BOARD INC. OFFICE SUPPLIES 105.00 OWAYNES AUTO 6 LIGHT TRUCK 295.54 ELLIOTT EQUIPMENT CO. SNOW REMOVAL EQUIP. 254.05 EVEROAD SUPPLY CO. BUSES 153.00 DAN R. FESLER AUTO G LIGHT TRUCK 25.12 FLEETWAY STORES UNIFORM CLOTHING 44.04 FOUNTAIN TRANSMISSION SPEC. VEHICLE REPAIRS 373.50 KARIN FRANKLIN TECHNICAL SERVICE 50.00 RICHARD FRANTZ SAFETY SHOES 57.85 GRUMMAN FLXIBLE CO. BUSES 240.16 H G W MOTOR EXPRESS CO. MISCELLANEOUS 25.65 HACH BROTHFRS MISCELLANETOUS SUPPLIES 19.20 PATRICK HARNEY TRAVEL ADVANCE 875.00 HARTWIG MOTORS INC. AUTO E LIGHT TRUCK 157.62 HAWKEYE STATE BANK TRANSFER 206x375.62 HAWKEYE STATE BANK TRANSFER 240,092.73 HAWKEYE STATE BANK TRANSFER 92x782.64 HAWKEYE WHOLESALE GROCERY FOOD 237.53 HOOTMAN ROBO CAR WASH CAR WASHES 15.50 INTFRNATIONAL HARVESTER CO. TWO -TON TRUCKS 401.78 IOWA DIV. CONSTRUCTION MATERIA STREET REPAIR EQUIP. 88.38 IOWA GLASS DEPOT AUTO E LIGHT TRUCK 6.00 JA -J ASSOCIATES GENERAL EQUIP. 30.00 JIMS PETROLEUM MAINT. MINOR EQUIPMENT 436.50 JOHNSONS MACHINE SHOP TWO -TON TRUCKS 364.08 KAR PRODUCTS MISCELLANEIOUS SUPPLIES 19368.46 KEN'S GENERAL EQUIP. 7.07 KEOKUK ENERGY SYSTEMS FLUIDS, GASES, OTHER 40.00 KEOKUK ENERGY SYSTEMS FLUIDS@ GASES• OTHER 60.00 LAWRENCE H. KINNEY TRAVEL ADVANCE 130.00 KRALL OIL CO. GASOLINE 169470.48 6w j MICROFILMED BY IJORM MICRO_ LAB -CEDAR RAPIDS -DES MOINES 1 L, I"- COONCIL LISTING 01/81 :11ND: INTRAGOVERNMENTAL SF.RVICF FUNDS VENDOR NAME PRODUCT OESCRIPTION AMOUNT MICHAEL F. KUCHARZAK TRAVEL ADVANCE LEGARAGE INC. CAR WASHES 45.00 LEGARAGE INC. CLE 225.00 H.B. LEISF.ROWITZ CO. SUPPLIES .00MISCELLANEIOUSS48 579.60 LESLIE PAPER PAPER STOCK MAC TOO OLS TOOLS 19180.82 PHYLLIS MORRIS TRAVEL ADVANCE 246.65 MULLER PLUMBING G HEATING MUNCIE RECLAMATION CONTRACTED IMPROVFMEN7S 50.00 2200.00 G SUPPLY BUSES OLD CAPITOL MOTORS CAR WASHES 1.936.85 4 OLD CAPITOL MOTORS TWO -TON TRUCKS 127.13 MATT PARROTT G SONS CO. # OFFICE SUPPLIES 378.26 PETROLEUM FOUIPMENT G SERVICE. MINOR EQUIP REPAIRS 139.92 GILBERT PHELPS84.10 SAFETY SHOES I PIONEER CO. OFFICE SUPPLIES 34.62 POWER FOUIPMENT INC. SNOW REMOVAL EQUIP. 787.60 PYRAMID SERVICES BUSES 16.08 QUILL CORP. OFFICE SUPPLIES 153.46 GEORGE J. ROBINSON LOCAL MILEAGE 410.19 I Rl1S5F.LlIS TONING TOWING 42.00 CHARLES SCHMADEKETRAVEL ADVANCE 80.00 CHARLES SCHMADEKE TRAVEL ADVANCE 130.00 ROGER SCHOLTEN TRAVEL ADVANCE 30.00 SEARS ROEBUCK E CO. TOOLS 829.00 SIEG CO. CHUCK SMITH DISTRIBUTING AUTO & LIGHT 54.52 1x613.62 SOLON SALES CO. INC. STREET CLEANINGUCK EQUIP. MINOR EQUIPMENT 47.67 J. PAUL SWARTZENORUSER MINOR EQUIP REPAIRS 17.39 SWEET DOOR CO. TLS CO. REPAIR OF BLDG. STRUCT. 4.00 27.00 LEE J. TIPPE DATA PROCESSING SERVICE 70.00 UNION BUS DEPOT TRAVEL ADVANCE MISCELLANEOUS 30.00 UNIV. OF IOWA ROSEMARY VITOSH WORK STUDY WAGES 31.55 105,.87 WAGNER-PONTIAC TRAVEL ADVANCE 238.,00 WANDLING E ASSOCIATES AUTO G LIGHT TRUCK FINANCIAL SER. E CHARGE 29.03 WOODS TRUCK FOUIPMENT AUTO G LIGHT TRUCK 472.50 XEROX CORP. OFFICE EQUIPMENT RENTAL 12.96 598.74 ZIEBART JO HINEP. VEHICLE REPAIRS 1,Q8p.0030.00 3( BRIAN WFSTPHEL REFUND REFUND STACEYS CYCLE CENTER REFUND 30.00 VICKI VAN ROCKFL REFUND 36.25 LINDA THARP REFUND 16.27 CHARLES MOHLERIO.tO REFUND BRIAN BOUSKA REFUND 5.02 THOMAS CROLEY REFUND 4.57 t RICHARD HESSELTINE REFUND 18.39 CHERYL STANDING, t REFUND 15.94 HELEN MCWEEP•IY REFUND 17.72 JAN LUKFZO REFUND 21.78 DAVID SIMBINS REFUND 18.39 JENNIFER WAGNER REFUND 4.36 MARK SCHAFER REFUND 8.39 JOHN ZANUiTO REFUND 17.12 8.40 j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES aa8 7 1"- I L, j MICROFILMED DY IJORM MICROLAB 'CEDAR RAPIDS -DES MOINES . COl1NCIL LISTING 01/81 :UND: INTRAGOVFRNMENTAL SERVICE FUNDS J VENDOR NAME PRODUCT DESCRIPTION AMOUNT IIANF CLARK REFUND 12.64 FD P. TEACHOUT REFUND 10.66 4ARK SIMMONS REFUND 10.19 SONIA RAF MUFLLER REFUND 16.02 BARTON RnBINSON REFUND 8.40 REVA JOHNSON PEFUND 6.71 PETER J. WF.YER REFUND 9.25 i KRISTA VAN ENGFLEN REFUND 24.32 HFIDI ELAM REFUND 19.30 ? ANN E. JENNINGS REFUND 19.15 I KATHIRINF. THIELEN REFUND 18.83 KATHERINE OEUBIN REFUND 19.10 f. JEFFREY MOEN REFUND 5.72 - JANET MAGERS REFUND 18.39 WILLIAM GOULD REFUND 18.83 DEBRA SMITH REFUND 15.85 BRIAN BRECHT REFUND 3.72 TERRY RICHARDSON REFUND 15.77 GEORGE DEMFLLO REFUND 30.00 ! LARRY BORG REFUND 40.00 ANN BOSE REFUND 40.00 AMY HANNFS REFUND 13.50 ; BETSY SVARE REFUND 20.50 CATHERINE CHAMPION REFUND 18.50 AMACOM CASSETTE 86.41 CAEDMON DIST. CENTER CASSETTE 52.56 CENTER FOR HUMANITIES SLIDES E SLIDE SETS 93.48 i MODERN BUSINESS SYSTEMS OFFICE EQUIPMENT RENTAL 187.31 NATIONS BUSINESS EXECUTIVE CASSETTE 85.00 NIGHTINGALE CONANT CORP. CASSETTE 52.45 JEFFREY NORTON PUBLISHERS CASSETTE 40.20 POTENTIAL UNLIMITED CASSETTE 21.46 4 SPOKEN ARTS INC. CASSETTE 21.88 VISUAL EDUCATION INC. FILMSTRIP 28.80 WATERSHED TAPES CASSETTE 7.20 XEROX CORPORATION OFFICE EQUIPMENT RENTAL 303.50 r FUND TOTAL 599#445.93 I L, j MICROFILMED DY IJORM MICROLAB 'CEDAR RAPIDS -DES MOINES . COUNCIL LISTING FUND: SPFCIAI REVENUE. FUND VFNIIOR NAME AMFRICAN REAL F:STATF. LTD. BURGER CONST. CO. PHILLIP C. CARY AND IOWA CITY PETTY CASH CREDIT BUREAU OF IOWA CITY THE F STOP GEE GRADING L EXCAVATING HLM ENGINEERS ALBERT E WILFREOA HIERONYMUS j HOWIG C ASSOC. DON HUNTER JOHNSON COUNTY RECORDER MERELL JOHNSON LINO ART SUPPLIES M.N.S. CONSULTANTS INC. MARIANNE MILKMAN MODERN PIPING SECURITY ABSTRACT CO. STANLEY CONSULTANTS STREB CONSTRUCTION SULZBERGER EXCAVATING UNIV. OF IOWA WEHNER NOWYSZ E PATTSCHOLL WINEGAR APPRAISAL CO. LEASED HOUSING - SECTION 8 VARIOUS LANDLORDS KEITH THAYER CITY OF IOWA CITY CITY OF IOWA CITY LAKESIDE PARTNERS M & M INVESTORS RUSSELL J. MILLER SCOTCH PINE APARTMENTS LEO TORRANCE VOPARIL CUSTOM BUILT HOMES ROBERT & ERMA WOLF PRODUCT DESCRIPTION 01/81 APPRAISAL SERVICES BUILDING IMPROVEMENTS LAND PRUCHASE POSTAGE ONES E MEMBERSHIPS FILM PROCESSING CONTRACTED IMPROVEMENTS ENGINEERING SER. EASEMENT PURCHASE PARK G REC. EQUIPMENT NURSERY SERVICES RECORDING FEES LAND PRUCHASE OFFICE SUPPLIES ENGINEERING SER. TRAVEL BUILDING IMPROVEMENTS ABSTRACTS ENGINEERING SER. CONTRACTED IMPROVEMENTS CONTRACTED IMPROVEMENTS WORK STUDY WAGES ARCHITECTURAL SER. APPRAISAL SERVICES FUND TOTAL RENT RENT NOVEMBER EXPENSES DECEMBER EXPENSES RENT RENT RENT RENT RENT RENT DAMAGES GRAND TOTAL j MICROFILMED BY .JORM MICRO_ LAB ,CEDAR RAPIDS•DES MOINES AMOUNT 1,450.00 59,881.50 19,000.00 12.70 10.00 15.40 48,699.00 19617.50 429000.00 355.00 102.00 20.35 19000.00 19.53 450.00 19.48 8.378.76 75.00 147.48 99953.83 397.88.80 143.07 19440.00 750.00 1989829.40 59,330.00 197.00 8,343.85 8,081.34 114.00 150.00 146.00 204.00 94.00 221.00 77.69 76,958.88 3,154,712.83 ozpi i' 7 To the Monorails Mayor and Members of the City Council of Iowa City,Towa: For the information If your Honorable Body, and for sharing with the City Attorney, the Senior Center Coordinator, the Iowa City Senior Center Commission and the Council of Elders, I am sending you eerox copies of the folloiiing: 1. The legal opinion of our County Attorneys regarding congregate meals eligibility, which opinion was filed with the Johnson County Board of Supervisors on October 7, 1980. 2. A letter from Mr. Willis Atwell, Associate Commissioner for Program Development, Administration on Aging, Department of Health and Human services, explaining Section 1321.141 of the new rules and regulatiomns which were adopted by Congress on March 31, 1980. 3. A copy of "The Mistory of the Iowa City Congregate Meals Program" covering the period from the time the first congregate meals were served in Iowa City in January of 1974 to February 12, 1981. 4. Also a copy of Part IV of the Federal Register of March 31, 1980. I am filing this information with you for two reasons. One reason is that it Will not be manny weeks before the Johnson County Senior Center will open and congregate meals are to be served therein. Unless we can get the legally correct answer to the question "Under current law, what individuals in Johnson County are eligible to participate in the federal nutrition program, congregate meals?", we could have a situation where so many people who do not need the service would be occupying so many } seats at the dining tables that some of those with the greatest economiccor social need might not be able to get close enough to the new Center to even smell the food as it cooks. (Please read pages 4, 5 andu6 of the "History"). In his letter to me, dated May 18, 1978, City Manager Neal Berlin wrote: "It is not intended that the City of Iowa City become the operator of the congregate meals program and the City will not become one by reason of all6wing the program to continue in the Senior Center (projected). The City, by owning the building, does not become an insurer that every pro— gram conducted therein is in compliance with all federal or state rules, regulations and laws" (i( understand this, and it is as it should be.) Mr. Berlin concluded his letter by writing, "Should the City become aware of any irregularities in this program, as with any other program conducted therein, it would certaihly inform the proper authorities." Under present conditions, I think it might head off trouble at the time a part of the meals program is moved to the new Center it your Honorable Boady were to ask the operators of the program whether they expect to give preferencd to the elderly with the gfeatest economic or social need, when the new Center opens, and if not, why not? The second reason why I am sending this material to you is because City funds are being used to fund the newly organized Senior Service Agency. One of their duties is to have an informational servicd. The public has a right to expect that the information given will be correct. The answer 't with regard to congregate meals eligibility can be given only if they too are told •kkat the legally'eorrect answer is to the question, "Under current law, what Pndividuals in Johnson County are eligible to participate in the Fe ra utrition program, congregate meals. A conference between the City Lnnth j}�U and of Supervisors is suggested. ! FEB 18a 1981c� ABBIE STO,/.'7,/m 1530 Sheridan Ave e CITY CLERIC aa9 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES L, CIVIL -JUVENILE DIVISION J. Patrick While _ ` At FirstAssistant /mow\`\� Daniel L. Bray t` los( Anne M. Lahey OFFICE OF THE COUNTY O �� CRIMINAL DIVISION N William L. Yeller Ralph R. Potler In Kevin B. S!ruve Janice M. Pecker P.O. Bas 2450 328 S. Clinton Street 114O Iowa City, Iowa 52244 e� 319-337-9688 Iowa 5 JACK W. DoOLEY - County Attorney October 7, 19 S 0 COPY FORWARDED TO ADVISE t OF f`i 00'ESS OF THIS FILE Board of Supervisors JOB;-SOYCOUNTY ATTORNEY Federal Building Iowa City, Iowa 52240 3 jc Re: Congregate meals eligibility Mr. Chairman and Members of the Board: You have again requested our opinion in regard to eligi- bility requirements for the congregate meals program for the elderly. On January 16, 1976, this office issued an opinion ad- dressing that question in terms of the then existing federal statutes and regulations. A copy of that opinion is attach- ed fo,r reference. The statutory and regulatory provisions cited in that opinion have been repealed or superceded. The four specific grounds for elibility which existed at the time of our January 16, 1976, opinion do not now apply and, therefore, the con- clusions of that opinion are inapplicable today. The Comprehensive Older Americans Act Amendments of 1978, Public Law 95-478, made major revisions to the statutory basis for the congregate meals program. This legislation was effective on October 1, 1978. A year and one-half later, on March 31, 1980, now implementing regulations became effective. The balance of this opinion will analyze how, under the current law, the con- gregate meals program is to be delivered and how eligibility for that program is to be determined, if at all. Section 331 of the Act provided for establishment and operation of nutrition projects in congregate settings. The implementing regulation states that "a person age 60 or older, and the spouse of the person regardless of age, are eligible to participate in congregate nutrition services " 45 C.F.R. 1321.141(b)(1). Thus, looking narrowly at the specific statutory and regulatory references to nutrition, age would appear to be the sole eligibility criterion. i MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES L' FL�0 FEBoI8 1981 ABBIE STOLFU:;, CITY CLERK pal Board of Supervisors October 7, 1980 Page 2 A broader examination, however, of the purpose of the legislation and its implementation leads to a somewhat less open-ended conclusion. To the extent that qualifications now exist on eligibility, they are to he addressed in advance of actual service or meal delivery as part of the state and area plans. It is apparent that congress had delegated a considerable degree of latitude to the state and area plan- ning process in delivering nutrition services. The nutrition program is now part of. Title III of the Act. Legislative purposes now are described as providing various services, including nutrition, to older individuals in order to: "(1) secure and maintain maximum independence and dignity in a home environment for older'individuals capable of self care with appropriate supportive services; (2) remove individual and social barriers to economic and personal independence of older individuals; and (3) provide a continuation of care for the vulnerable elderly." P.L. 95-478, § 301(a). Grants are made available to further these purposes. In a real sense, "eligibility" as it was described in our 1976 opinion now must be addressed in the pre -grant project planning stage so as to conform to the legislation. Each area agency on aging is now required to prepare a plan for a three year period which determines the extent of need for nutrition and other services.- This plan is required to "provide assurances that preference will be given to pro- viding services to older individuals with the greatest economic or social needs." P.L. 95-478, § 306(a)(5)(A). These area plans are then required to be approved by the state. "Greatest economic need" has been defined by the Department of Health, Education and Welfare (now Health and Human Services) as the need resulting from an income level at or below the poverty threshold established by the Bureau of the Census." 45 C.F.R. 1321.3. "Greatest social need" has likewise been defined by re- gulation as "the need caused by non -economic factors which in- clude physical and mental disabilities, language barriers, cultural or social isolation including that caused by racial or ethnic status (for example Black, Hispanic, American Indian, and Asian American) which restrict an individual's ability to perform normal daily tasks or which threaten his or her capacity to live independently." 45 C.P.R. 1321.3. Fok� FEB 18 1981 ABSIE STOLFUS CITY CLERK aa9 i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES I10INES ..7 a�. I Board of Supervisors October 7, 1980 Page 3 The Comprehensive Older Americans Act Amendments of 1978 did not envision a blanket or open-door meals program. Instead it describes a comprehensive and coordinated system of identifying the statutorily described noeds and a planned Ij program of addressing those needs. An indiVilual congregate meals program should be available to persons onsome ha consistent with either economic or social need. Eligibility requirements or qualifications .for the local congregate meals program depend upon the area agency's plan as approved by the state. It is that plan which, under the 1978 legislation, must conform to the criteria described in this opinion. It should, to be valid, further in some fashion the three stated legislative purposes and give preference to those with the greatest economic or social needs. 11.e have not undertaken a review of that plan and do not offer any opinion on whether it.complics with the law. Nor do we offer any opinion at this time as to -whether the local program complies with the area plan. Such inquiries were beyond the scope of your recent opinion request. We do state it to be our opinion that, tinder the 1978 Act and the 1980 regulation, an individual no longer must meet one of the four previous specifications. In lieu of such an inquiry, the area agency's plan should now be the focus of any legal evaluation as to conformity with federal law. Should it be your wish, we would, of course, ourselves, or, as its impact extends beyond Johnson County, perhaps through the Attorney General, undertake such an inquiry. I Sincerely, _.7 %� _ JACK 11. DOOLEY JOHNSON COUNTY ATTORNEY i J. PPATIZ��ICKWIJ�jjji i FIRST ASSISTANT COUNTY ATTORNEY JItiD;JI'Pl/I;r 1 FEB 18 1981 ABBIE STOLFUS CITY CLERK aa9 i MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES —.7 7 i^ of I)GI4Vt"I'.\1liNl'l)PII. .';1'lllllUAle11'tihail'ICliti Human "`+++ Administration on Aging Washington OC 20201 UEU 19 FIs. Della Grizel 1530 Sheridan Avenue Iowa City, Iowa 52240 Dear Ms. Grizel: Thank you for your letter of November 17 in which you request clarification about the eligibility criterion for congregate nutrition services given in Section 1321.141(b)(1) of the Title III regulations. Your letter asks two separate questions. First, are all persons age 60 or over (and their spouses regardless of age) eligible to participate in congregate nutrition services? Second, if this is true, does this fact detract from or completely supersede the emphasis found elsewhere in the regulations on serving those with greatest economic or social need? Before addressing your specific questions, permit me to clarify one point. The age eligibility and emphasis on those with greatest economic or social need are requirements of the Older Americans Act, as amended; and are simply repeated in the regulations. In response to your specific concerns, under the Act and the regulations any person age 60 or over and the spouse of such a person, regardless of age, is eligible to receive congregate nutrition services. At the same time, the Act and regulations indicate that a priority should be given to serving those older persons with the greatest economic or social need. Priority in this context is meant to indicate the emphasis which should be given to serving those older persons in greatest need; but it does not mean other older persons are ineligible for services. Understandably, it may be difficult to maintain a proper balance between the criterion of age only as an eligibility requirement and the criterion of serving those in greatest need. For additional guidance on this matter you may wish to contact your local area agency on aging or Mr. Glen R. Bowles, Executive Director, Commission on Aging, 415 West 10th Street, Jewett Building, Des Moines, Iowa 50319; telephone (515) 281-5187. S1 cerely yours, Willis Atwell Associate Commissioner for Program Development MICROFILMED BY JORM MICROLAB 'CEDAR RAPIDS -DES I40INES FEB 1 8 19 81 DD, AUDIS STOLFu CITY CLERK aa9 -01 7 HISTOR" "F CONORIEATE MEALS PROGRAM 11`01,1A CITY 1. According to INVOLVEMENT (the official publication of Area X, now Heritage Agency on Aging), the first congregate meal in Iowa City was served in January, 1974 at 112-1/2 S. Clinton Street. A write-up in the February issue of INVOLVEMENT included this sentence, "Those meals are open to anyone age 60 or older." This, and similar statements, have been repeated many, many times since, both over the air and in print in INVOLVEMENT, in the Iowa City Press -Citizen, and even in some Church bulletins. 2. In August, 1975, I wrote a letter to the Editor of the IowaCity Press -Citizen, in which I listed the many helpful things that the Federal Government is doing for its senior citizens. Included was this sentence: "Congregate meals are available in Iowa City and Lone Tree for' all individuals age 60 and over who meet certain specifications". A few days after this letter was printed, the following appeared in the dame newspaper: —about meals for elderly To the Editor: although a reservation must be made one None of ids. Johnson's Iwouldlike tocorrect one smalldelallIll day in advance by calling e98-92MInlowa superiors corrected 'l Della A. Gruel's letter which appeared In City or 6294952 In Lune Tree. the Press -Citizen Aug. 26. Congregate.. Nancy A. Johnson' ` that mis-statement. Meals are available in Iowa City and Lune 598 Souih Gilbert Street Tree for all Individuals age 60 and over. Editor's note; The writer Is congregate iTj!ereurcnoolherquollficalionsto�emet: meals supervisor furJulmson*Cowty. 3. The matter was referred to the Johnson County Board of Supervisors. They, in turn, asked the County Attorney to give them his legal opinion regard- ing congregate meals eligibility. This opinion, signed by both Jack W. Dooley, County Attorney, and by his First Assistant, J. Patrick White, was filed with the Supervisors on January 16, 1976. This opinion stressed the fact that in order to be eligible to utilize the federal nutrition program (congregate meals) an individual must both be age 60 or older and meet one or more of four statutooyprovisions, or be the spouse of an eligible individual. 4. In an article in the September, 1977, issue of INVOLVEMENT appeared the following: "CONGREGATE MEALS WANTS YOU." "Have you eaten out late3-v4" "Are you tired of having to cook for just yourself or your spouse 11 "Congregate meals is the answer to the above questions." (Is there anything in the law that provides that a tax -subsidized meal shall be available for every person in the United States who hasn't eaten out lately, or who is tired of cooking?) It was no doubt cases like this that Governor Ray had in mind when he said in a talk he gave in West Branch in August, 1975 - "America is dngerounly close to a time when some would have government do everything. Government can't feed everyone, clothe everyone, house everyone, shield everyone from every economic fact of life. Too often people have given little, if any, thought to how they can handle their own problems." The same article in the September, 1977, issue of INVOLVEMENT goes on to day, "There is just one catch. You must phone the day before ypif wish to attend to make your reservation." But there are two "catches", the important one being "eligibility", but that word isn't even mentioned in the entire article. 5. In the December, 19771 issue of the Iowa City Press -Citizen in the GOOD AFTERNOON column, under the heading "Congregate meals at Autumn Park, appeeared this sentence, "The noon meals for persons over 60 ware currently being served at five locations." (No mention here either that the meals are for eligible persons age 60 and over and their spouses.) 6. In the December -January issue of INVOLVEM]RNT appeared this statement: "Senior citizens may enjoy nutritious hot meals at any of fourteen Congregate Meal Sites sponsored by the Heritage Agency on Aging. * * * Anyone over sixty and his/her spouse, regardless of age, are welcome to dine at the sites. (No mention of eligibility in this article either.) I 6. On Feb. 17, 1978, Mrs. Mary Rock talked over Radio Station KXIC on the program called "What's your problem". She told of the services avail- able to senior citizens in this area. When asked by the moderator as to what a person who wishes to go to congregate meals needs to do, . she said,"If they! -re over 60, all they need'to do is to show up. That was "the last straw", since bars. Rock is one of the advisors to the local sub -contractor of Congre- gate Meals; viz: the Johnson County Board of Supervisors. She is also the president of the board of directors of the Johnson County Commission on Aging, and one of the members of the six -member task force that has been named to direct planning for a senior citizens center and an ecumenicalT�usIngp E p� complex in downtown Iowa City. I�llI�IJIJI FEB 18 ;9EN , MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES 1401NES L" A B B I E STGLFL i CITY CLERK -2a9 -2 - When the Older Ame_ican Act was written, Congress ,ecognized that it would be utterly impossible for the Government to have a tax -subsidized meal available for every individual on his/her 60th birthday, and for several days a week therafter for the rest of their:lives. That would bankrupt the Nation: There must be regulations and limitations, and there are. Public Law 92, Title VII of the Older American Act, and Sub Chapter VIZ of Title 42 of the U.S. Code, very clearly and definitely state that in order to be eligible for the federal nutrition meals an individual must be both age 60 or older and meet one or more of four statutory provisions. Those four are: I. Eligible persons are those who cannot afford to eat adequately. 2 . Those who lack the skills and/or knowledge to select and prepare nourishing and well-balanced meals. ,3. Those who have limited mobility which may impair their capacity to shop and cook for themselves. 4. Or those who have feelings of rejection and lonliness which obliterate the incentive to prepare and eat a meal alone. Spouses of eligible individuals are eligible regardless of age. The following is quoted from the Jan. 16, 1976, County Attorneys' legal opinion: "We find no authority for adopting a policy which assumes that each single individual age 60 or over meets one of:'the four speciffcations." Most certainly there are thousands of us in Iowa City/Johnson County who do not meet any one of them. There are thousands of us in that age group who can afford to eat adequately; thousands of capable homemakers who are perfectly competent to select and prepare nourishing and well-balanced meals; thousands who are physically able to shop ft and prepare meals. With regard to specification No. 4, some have even gone so far as to say that anyone age 60 and over can fit into that one. However, with regard to that specification the records show that the operation plan which was approved by the Iowa Commissionnon Aging and submitted to the Federal Administration prior to receiving any Title VII funds reads as follows: "Target group eligible individuals in greatest need to be served by nutrition projects, * * • Those who have feelings of rejection and lonliness which obliterate the incentive necessary to prepare and eat a meal alone (age 60 and over) Living alone or F' with non -relatives_" Besides there are thousands of senior citizens in Iowa City and in the county, especially those between 60 and wFlo still so busy working for a living thN they have no time for feelings of rejection and j 1pnliness. That includes 1 business and in the professions, government employes, contractors, farmers, the employed and the self-employed, etc. It is very clear that in Iowa City the Congregate Meals 4 program from the very beginning has been, operated on an open door orblanketis, and eligibility basis since each and every individual, age 60 or older, is offered something that the government has reserved for the individuals in that age p group who also meet one of four statutory specifications. om the 1976 unty Attorneys, it is, in vieloofnallrof the above,your,opiniono that administrationnofnthe„congregate meals program in Johnson County, to whatever extent it is or has been operated on an open door or blanket eligibility policy is in violation of the fedTral statute which established the program and the regulations which have implemented it.” As to the method to be used for determining eligibility, I quote from the County Attorneys' opinion: "It is our opinion the some procedure is required which reviews and determines eligibility pursuant to the four specifications. * * In our opinion,the procedure adopted for this determination need not be complex or administratively burdensome. While it is certainly not our place to determine how to administer this necessary procedure, a relatively simple form could be utilized whereon an individual desiring to utilize the congre- gate meals program could simply state their name, their age, and check one or more of the four statutory specifications indicating that they apply to them- selves as one wishing to participate in the program." At the time of the 1970 census, there were in Johnson County, 7,009 individuals age 60 and older, 4,258 0£ them in Iowa City. To say that congregate meals are available to all of those peoplo, with having no method of determining who is eligible and who is not, is just as ridiculous as it would be if the government were to say, "We must give Old Age Assistance pay- ments, rent subsidy, public housing, property tax/rent refund, food stamps, etc. to every person age 60 and older, with no questions asked, because some of thosColdsters might not like it if they were asked whether or not they are eligblb^ But the government doesn't do it that way. Of all services MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES -MOINES -3- where the law sets limitations and regulations, tho::o who apply for a service either chow oli;ibility or they get nothing. And that.is the way it will need to be with the federal nutrition urogram if it is to helu those that the government has set out to help, viz: the target group of individuals who are in the greatest neet to be served by a nutrition program. As it has been: in Iowa City from the very ' beg;inning, those in charge have had no vay of knowing how malty ineligible persons they may be feeding nor how many eligible persons thry mcy be turning away, on Suru,ys and busy days. Paying tor:ard the cost of Congregate meal loesn't :arks an ineligible -individual eligible. Jwre 26,1980. I cent a copy of this History to each of the or,.anizations In •Johnson. County who work with or for the elderly. In return I heard from three of them. One was a good letter from City i•",anager ileal G. Berlin written onn, tray 18, 1978 after he had reviewed the matter with an Assistant City Attorney. I quote from that letter: "It is not intended that the City of Iowa City be the operator of the congregate meals program and the City will not become onob-by reasonr.c of allowing the program to continue in the senior citizens center (projected) The Cita, by owning the building, does not become an insurer that every program conducted therein is in compliance with all federal or state rules, regulations and laws. Should the City become aware of any irregularities in this program, as with any other program conducted therein, it would certainly inform the proper authorities." Ahother was a letter, dated Yay 8, 1978, from the Nutrition Project Director of the Heritage Agency on Aging. She said she had found no violation in the current method of operation. But she didn't say where she had looked. If you don't look in the right place. you don't find. I dialed 338-9294 (the meals reservation munber) and was calmly told, in reply to my question, that everyone age 60 and over is eligible. The third was a letter dated April 19, 1978, addressed to Whom it May Concern, and signed by Reb. Robert L. Welsh, whom, I am told, is Chairman of the Advisory Committee to the sub -contractor of The federal nutrition program.(Congregate Meals) viz: the Johnson County Board of Supervisors. This:..Advisory Committee, according to a news item in the Press -Citizen, is composed of three Protestant clerygmen, one Catholic priest, two members of the American Association of Retired Persons, and one fron the Johnson County Council on Aging. Those named were: Rev. C. Dandy Garrett, First United Methodist Church Msgr. Cletus Madsen, St 'Wenceslaus Church. Rev. Roy Wingate, Gloria Dei Luthern Church. Rev, Robert iielsh, First Christian Church i..'ary 'lock, 714 E. Jefferson Street. A. C. dorwald, 813 Dewey Street. Lee Poynter, 211 Myrtle Avenue. Rev. 'Welsch'n letter said "Let me add two items of hictory: 'I I: When the present Advisory Committee of Congregate Meals was established, Nancy Johnson was told that her statement to the editor was incorredt and she was instructed to use the term "eligible persons" in all future menu listings and items of ini.erpretation. 2. On February 18, 1978, I appeared along•; with Lien Walz our meal su;crvisor, on KXIC's profram "What's your Problem?" to correct the statement mado by Mary Rock who, by the way, has acknowledged the error of her statement. ---- Rev. W,lsh also said: Written by: k:TR16 45 -PUBLIC WELFARO'nThe Consregnte 16cale Progrpm Della A. Grizel, ChapteriX—Administration on Aging,, ie not a Welfare program. 1530 Sheridan Ave. ,..Social and Rehahilifallen Service,, But the "Goknve:s burnp:nnttter sr� t; .n it O are Deportrront of Health, Education,• tun who Government? �. and Welfare -:, "PART,909—NUTRITION PROGRAM FOR. THE ELDERLY.'. MEN MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES September 24, 1980, -4- (Congregate 14sals History continued.) The 1976 legal opinion of the County Attorneys has never been challenged by anyone. The 1978 publicity didn't solve the Meals program in Iowa City, but there was sone improvement. Apparently no more misleading or incorrect information was printed in the Press -Citizen or aired over ICXIC. Rev. Robert Welsh himself saw to it that the word "eligible" was included in the menu listings published weekly in the Press -Citizen. However, the questionable personal outreach has continued. On listing.JuIecalled9tthe Chairman "ofithelBoardsof Sumervieoregnot in the andrwaioklij entoldnbau that the word bad been omitted without their knowledge or consent, and that they had not been consulted by anyone. I talked to one of the Press -Citizen COPY girls and was told that when the menus for that week were brought in they were told that from then on the word "Eligible" was not t -0 -appear in the weekly menu listinrsk thatt a new law had been passed and that it would now be "against the lax" to publish the word "eligible" in connection notices regarding congregate meals. with I wrote to the Board of Supervisors protesting the omission. I quote from their July 3 reply to mer "We shall continue to insist tha "eligible" be included in information put out to t toe word the oublio about congregate meals." On July 10 Rev. Robert Welsh appeared before the Board of Supervisors to explain why the word "eligible" continued to be omitted. It apparently was a real surprise. He told them on March 31, 1980, that Congress bad .adopted new rules and regulations regarding congregate meals and home delivered meals, effective immediately. This was apparently the first time , he had told the Su;ervisors, even though Heritage Aggnoy had sent him a Copy of the new rules and regulations more than three months previously. Rev ---Welsh also told the Su;:ervisors that, under the new rules and regulations,` every person in Johnson County, age 60 or older, and spouses of any see, were now eligible to participate in the federal congregate meals prograrQ, On return to hie offioe, Rev. Welsh called me and told me what he bad told -the Supervisors. I asked'him why he had kept the adoption -,of those new rules and regulations a secret for more than three months, RX said that 'he was planning to issue a news release, giving this information;'shortly before the new Senior Center was to open, about the middle of 1981, Why Rev. Welsh wanted to keep those new rules and regulations under cover for some 15 months, we can only guess. As to Rev. Welsh's statement regarding eligibility. I told him I could not believe that Congress would pass a law providing that every individual in the United States, in areae where funded, would become eligible to be served a tax -subsidized meal on his/her 60th birthday and on five days a week thereafter for the rest of hie her life, including spouses of any age. However, I told Rev. Welsh i would got a Copy of the Federal Register of March 31, 1980, and read it with an open mind, which I did. But I certainly do not agree with him regarding eligibility. Evidently the Board of Supervisors didn't agree with Rev. as they voted to ask First Assistant County Attorney, J. Patrick White, r, Welsh either, give them his legal oFinion regarding congre�ato meal eligibility under the new rules and regulations. Up to now this opinion has not yet been filed, so we aro patiently waiting for Attorney White to tell the 9bporvisore, end the rest of us,xhnt the correct legal answer to the following question isr "Under the Older American Act of 1965, and under the new rules and regulations ` adopted by Congreeo on Skarch 31, 1980, what individuals in Johnson County are eligible to participate in the federal nutrition program, oongregate meals " The Supervisors are to be commended for their promptness in asking the Assistant County Attorney for hie legal answer to this nuestion, as it is something that the elderly and the taxpaying public have a right to know. And with the correct legal answer available, there will. be no excuse for county employees or for officers of local orEanizarionc working with and for the elderly to guess, to nay they don't know, or to give an answer which is contrary tothe legal opinion of the Assistant County Attorney. A copy off pages 3 and 4 is being sent to Rev. Welch, asking him i'g, if he would like to write a paragraph or two to add to this " next time it is brought down to data, as be asked to do and diHistory" the d in•1978. Written by Della A. OPrizel, A voter and a volunteer watch -dog. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES aa9 I 5 - (Congregate a.rals history continued) The following ir. what has taker, place since page 4 war. written: I have c,mtinurd trying to find out what is the legally corroct answer to the ouestion, "Under current law, what individuals in Johnson County are eligible to participate in the federal nutrition prograh, congregate meals? " Up to March 31, 1980 the correct answer was, "To be eligible to participate, an individual must be both 60 or older and meet one or more of four statutory regulations, or be the spouse of an eligible individual." That answer is no lonFer correct because an 61arch 31, 1980 those regulations were repealed or suuerceded. The new regulations provide that preference shall be given to elderly persons with the greatest social or economic need. Section 1321,141(a)l) is confusing unless the recuirements of the Older American Act, as amended, are also considered. On October 7, 1980 the legal opinion of County Attorney Jack W. Dooley and First Arsistant J. Patric& White was filed with the County Supervisors. (This opinion may be seen in the office of the County Auditor.) I quote three sentences from that legal opinion: "The Comtrehensive Older American Act Amendment of 1978 did not envision a blanket or open door meals program.".... An individual con - gregaje meals program should be available to persons on some basis consistent with either economic or social need." "It (the state area plan)should, to be valid, further in some fashion the three stated legislative purposes and give preference to those with the greatest economic or social need." The :definitions of social need and econimic need, as given in the Federal Register of UN rch 31, 1980 are: "Greatest economic need" means the need resulting from an income at or below the poverty threshold established by the Bureau of Census. "Greatest Social need" means the need caused by non -economic factors which include physical and mental disabilities, language barriers, cultural or social isolation including that caused by racial or ethnic status (for example Black, Hispanic, American Indian, and Asian American) which restrict an individual's ability to perform normal daily tasks or which threaten his or her capacity to live independently. If I have the correct information, I.r. Russell Proffitt, Director of Heritage Agency, told the Supervisors that he disaFrred with the legal opinion of our County Attorneys. In a letter to.them, dated October 20 (a copy of which was given to me) he wrote: "'Phe only qualifications on eligibility mentioned in Federal Regulations Volume 45, number 63 is found in Section 1321.141 (b) Eligibility (1) Congregate nutrition Services 'a person age 60 or older and the spouse of the person regardless of age, are eligible ..."'. In order to try to help prove that Our County :Attorneys are right and Idr. Proffitt is wrong, I wrote to the address given in the March 31 Register to which pepole may write for information regarding the new regulations. I asked them to please explain Section 1321.141(a)(1) as a person here was insting that this section wiped out all preceding sections regarding social and economic need. and that now every person in Johnson Coungy age, 60 or older, and spouses of any age, are now eligible to ::r..rticipate in th fe'leral nutrition program,congregate meals. I quote from the December 19 reply of Kr, Willis Atwell, Associate Comminsioner for Program Development, Administration on Aging, Department of Health and Numan Services: "Before answering your specific questions, permit me to cl::rify one point. The age eligibility and emphasis on those with greatest economic or social need pre requirements ofithe Older American Act, as amended, and are simply repeated in the regulations". + • , "The Act and Regulations indicate that a priority should be riven to nerving those older personn with the greatest economic or social need." (Note, tlr, Atwell uses the word "should". In the 5.arch 31, 1980 reCulations the word "must" is used dozens of times.) j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES -6- In 6-In e. letter to tl•e Supervisors dated November 20, Mr. Glen Bowles, Executive Director of Lh,: low:: Commission on tha Aging, wrote: 1145CFR Part 132. 141 (b) (1) and (2) EliC:LilL�X appears to be straightforward in that 'a person age 60 or older, and the spouse of the person re,,ardless of age, are eligible to participate in congregate nutrition services..."I On Feb. 2 I wrote to Rev. Robert Welsh, telling him that I was about to write page 5 of the "history" and I asked if he would like to write a short paragraph or two stating whether his opinion regarding eligibility was the came now as it was on July 3, 1980 when he appeared before the Supervisors. The following are the two that he sent: "Eligibility: Congregate Nutrition Services. A person age 60 or older and the suffuse of the person regardless of age, are eligible to participate in congregate nutrition services.... 1321.141 bl)" "On July 31, 1979, new rules were published for comments and review. The new rules published for compliance were dated March 31, 1980. I do not remenber the exact date I was notified of the determination. I believe it was in June. Originally, we were to move into the Senior Center the middle of 1980. My intent was to issue a newsrele=.se at that time. There was no intent to keep the new rules 'under cover'. I trust you will duplicate my response as a part of your update." There ;:ere several other paragraphs in Rev. 'Welsh's letter, but nothing which convinced me that he is right and that our County Attorneys i are wrong in their interpretation of the current law regarding congregate meals eligibility. Congress no doubtirevised the regulations regarding congregate meals in an attempt to correct some of the abuses that crept in, but in Johnson County it isn't working out that way. Prior to June 26, 1980, the pudic was at least informed once each week in a notice in the Press -Citizen that some people, nge 60 and older were eligible and that some were not. That helped some to keep things in check. 4 Senior citizens Senior Citizens Congregate meals are available for Congregate meals aro, available for Ji eligible people BO years of age or older people 60 years of ava or older and —' The -notice react and their spouses. Special diets are, their spouses (regardless of nge). The notice this way prior to available at the Senior Center with Special diets are available with ad- now reads June 26, 1 80. advance arrangements. Reservations vance arrangements. Reservations like this. 9 need to be made one day in advance by need to be made one day In advance calling 338-9294. Meals are served at l by calling 33B-0204, Meals are served f I noon at the fallowing places on the days at noon at the following places on the listed: days listed: _ But now the public is bein.(_ informed each week that the congregate meals program is now being operated on a blanket or open door policy, and in their legal o;:inion the County Attorneys have told us that the Older American Act, as amended, does not envision such a procedure. According to the Census, there were 7009 persons in Johnson County in 1970 age 60 or older. Just guessing, there are probably at least 3,000 younger spouses. The records show that there are now 1065 congregate meals available each 7 -day week in Iowa City, or an average of 153 per day. Under an open door policy, those 153 meals are to be served to the first 153 people who make reservation, regardless ow whether they do not need the service, or whether they have economic or social need. I'm sure that is not what' Congressintended when they amended the regulations in March. iThat part of the nutrition program relating, to home delivered meals appears to be O.K. The agency's area plan, of which I have a copy, nt.tea clearlyl. who is ell ible to receive a home delivered meal, who may be eligible even thoughh helshe may not meet all criteria, and under what conditions a person age 60 or older could receive a meal after all eligible participants are served, if they pay the full cost of the meal. Ttat is exactly the kind of regulations we need regarding congregate meals, butt we are told that none are nvailable. j upervisors I am still hoping that thgr..nill, if they hove not already done so, ask the County Attorneys to complete that part of 'their legal opinion that they couldn't complete until after they had reviewed the agency's Bron plan as approved by the state. A legal opinion of thatr,lan would give us the legally correct answer to the question, "Under current law, what individuals in Johnson County are eligible to participate in the Federal nutrition program, congregate meals." Written by. Della A. Criael, February 12, 1981 A t>:xpa,yer and a volunteer watch -clog. aa9 MICROFILMED BY 'JORM MICROLAB : CEDAR RAPIDS -DES MOINES /�. Monday March 31, 1980 MICROFILMED By JORM MICROLAB CEDAR RAPIDS•DES MOINES aa9 21126 Federal Register / Vol. 46, No. 63 / Monday, March 31, 1980 / Rules and Regulations DEPARTMENT OF HEALTH, overlapping functions, the integration of . Summary of Major Comments and AOA EDUCATION, AND WELFARE social and nutrition services and Response s trenglhening the role of area agencies Section 1321.3. Definitions. This Office o} Human Development on aging. Services 8 gsection of the NPRM proposed, among On July 31. 1979, a Notice of Proposed 11ither definitions, three options for the 45 CFR Parts 1320, 1321, 1324, 1326 b _Rulemaking (NPRM) was published in the Federal Register (44 FR 45032). This definition of "greatest economic need" "greatest Grants for State and Community notice proposed to replace the and a definition of social need." These two proposed definitions Programs on Aging regulations appearing In subchapter C of 45 CFR, Chapter XIII by the proposed received the overwhelming majority of ' AGENCY: Office of Human Development Services (OHDS), HEW. Part 1321, Grants for State and Community Programs on Aging. Part comments. Greatest economic need. The three "greatest ACTION: Final rule. 1320—General: Part 1324—Nutrition options we proposed to define I d" SUMMARY: The Administration on A in g 8 d Program for the Elderly;end Part 1328— g multipurpose Senior Center would be econnm c nee were. 1) at or elow the poverty level established by the Bureau (AoA) in the Office of Human Development Services Is issuing new of the Census; 2) at or below the near vacated and reserved and Part 1321 poverty level; or 3) at or below the would be completely revised. and revised regulations to implement maximum Income level for eligibility 8 lily in Title III of the Older Americans Act, as Public Participation the State's Title XX program. The first amended. Title DI authorizes formula - grants to State agencies on aging to Hearings. During the comment period, g g p option was comparable to the definition of low income that we have used fora assist States and local communities to the Administration on Aging (AoA) conducted "public hearings." Hearings number of years to implement the develop comprehensive and coordinated systems for the delivery of services to were held in each city with a Regional former statutory requirements for consideration of low income older older persons. Title III provides separate Office, except for Region IB which held Its hearingi UI Kington, D. persons. - allotments for social services (including long-term care ombudsman program and. hearing held Over 400 The majority of commenters preferred the third option for."greatest economic ' multipurpose senior centers), congregate "nutrition services and home -delivered persons offered formal testimony. All testimony and written comments from need." Commenters recognized that this definition would result In targeting on nutrition nutrition services. These regulations del et itheon services. Thents , these hearings have been revlewed and considered in preparing these final more older persons. In addition, • -commenters a State agency regulations. felt that this definition, by aging most meet to receive a grant from' the Administration on Aging. The � Written Comments. Approximately PP Y brio inTille III criteria In line with 8 g Title XX criteria, would result in greater regulations Include requirements and 1,700 written comments were received. All comments were carefully reviewed equity In service delivery. Those procedures for designation of State and area agencies, submission and approval and considered in develop(ng these final opposed to the third option felt that It would not target scarce resources to of Slate and area plane, services regulations. A number of sections in the older persons who were in greatest 'requirements and hearing procedures. EFFECTIVE DATE: March 31,1880. NPRM received no comments or relatively few comments. Some other need. - The first option received the second .'. FOR FURTHER,INFOBMATION CONTACT:, Fred Luhmann, Office of Program sections received comments which - relaied to technical errors, or omissions largest number of favorablacomments. These commenters felt that the second Development, Administration on Aging, In the NPRM. (For example, a mistake in paragraph numbering), A third group of and third options would include too many older persons. In addition, Room 4748, 330 Independence Ave., S.W., Washington, D.C. 20201, (202) 472- '' comments focused on minor changes In ' wording that do not change the meaning commenters felt that the variations in State Title XX criteria would result In 3057.. .. - SUPPLEMENTARY INFORMATION; . of a section. (For example, inserting the. word "Governor" In Section 1321.35. significant Inequities nationwide. Those favoring the first o tion al I d th t Backgroun The Older Americans Act was enacted in 1985. It hos been amended eight times. On Oclober 18, 1078, the President signed the latest amendments, the Comprehensive Older Americans Act Amendments of 1978. These amendments consolidated under one title, Title III, three activities, social services, nutrition services, and multipurpose senior centers, which had been authorized under three separate titles. The purpose of this consolidation Islo provide more effective coordination and use of community resources in planning and providing services to older Americans. The Act emphasizes the development of comprehensive and coordinated delivery systems, the elimination of duplication and 'This simply clarified a current practice, namely, that the Governor, as well as the State agency Is notified of any action which the Commissioner takes on a State plan).A fourth group of comments questioned sections of the regulations which simply repeal provisions of the Act. (For example, Section 1321.109 which requires preference for serving those with greatest economic or social need). While we made changes in the regulation when called for by these four categories of comments, we will not discuss those minor changes In the ' preamble. The discussion that follows focuses on ilia major Issues that were raised by commenters, and their substantive comments on these issues. We have presented the Issues by first giving a summary of the comments and secondly giving our response to these comments. MICROFILMED BY JORM MICROLAB CEDAR RANDS—DIS W INCS p so no e a It would result in greater targeting on minority older persons, who are represented in greater proportion among those older persons with lowest Income. AoA response: As we pointed out in the NPRM, there Is an Inevitable tension created by,lhe statutory requirement for preference for those in greatest economic or social need, and the repented Insistence In the legislative history that programs under the Act are for all older persons, and that means testing should accordingly not be permitted. This tension is reflected in the options we proposed to define greatest economic need, and the comments we received on those' definitions. After careful consideration of those comments, we decided to select the'first option. We made this decision for several reasons. First, we concluded thnt the first option is the only one likely 71 i I r.4\ Federal Register / Vol. 45, No. 03 / Monday, March 31, 1980 / Rules and Regulations 21127 to result in effective•targeting on those who are in greatest need, and is therefore most consistent with the Intent of the Act. Second, this is the definition . for low income that we have used in the program for a number of years. Service providers have procedures in place for Implementing this standard, and participants are accustomed to It. Third, we want the level of services provided v to minority older persons not to be adversely affected by a definition which might deemphasize services to them. Since minority older persons are represented In a greater incidence among those with the lowest Income, we believe the choice of the first option will reaffirm our commitment to assure that minority older persons receive the services that they need. We went to reemphasize that this Is only a preference requirement, and that an Individual older person who request services under Title 111 may not be denied those services because of his or her income. Greatest social need. We proposed in the NPRM to define greatest social need as "those noneconomic factors such as Isolation, physical or mental7imifatlons, racial or cullaral obstacles, or other non• conomic factors which restrict Individual ability to carry out normal no' ivitles of daily living and which threaten an Individual's capacity to live on Independent life." A majority of commenters expressed support for this proposed definition of "greatest social need." However, many commenters suggested a change In the definition to Include the words "linguistic or language barrier." Some of these commenters pointed out that frequently the service needs of minorities with limited English language. capabilities were overlooked. Many commenters also suggested Including specific mention of certain minority groups. that Is, Blacks, Hispanics, Asian Americans, and American Indians, Some commenters Indicated that the proposed definition was too vague or difficult to Implement. They expressed concern that It could be interprested In many ways by Stale and area ,gentles. A few commenters recommended Including in the definition additional criteria, for example: advanced age, Illiteracy, sociomedical disabilities, _ institutionalization. A number of minority organizations' expressed concern that as a result of the -,,,1978 amendments, programs under the Act would place less emphasis on serving minority older persons. We were asked to'consider Including all minority older persons in the definition of those with "greatest social need." AoA response., We revised the definition of "greatest social need" to include language barriers and to mention explicitly Blacks, Hispanics, American Indiana and Asian Americans as examples of InclMduals who may experience cultural or social isolation caused by racial or ethnic status. We recognize that our definition Is broad but believe strongly that it should encompass all major factors that .produce greatest social needs. We think that our definition is sufficiently precise so that State agencies can identify the groups covered by It and thus focus on them. , In response to the concerns of minority organizations we carefully analyzed the extent to which we might include minority status in classification of those older persons In "greatest social need." The proposal to include all minority persons under the classification of those having the greatest social need would constitute a preference solely on the basis of race. We have concluded, based on discussions with the Office of the General Counsel, that we do not have adequate legal authority to require such a preference, . - Programs tinder lhe Older Americans Act are subject to the requirements of Title War the Civil Rights Act of 1904. Title Vi provides that: "No person ... . shall, on the ground of race, color, or national origin, be excluded from participation In, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." The 1978 amendments removed from the Act our express statutory authority for requiring preferences for minority groups. Under the recent Supreme Court decision of Regents of the University of California v. Bakke, 430 U.S. 285 (1978). both Title VI and the equal protection clause of the Fifth Amendment to the Constitution require that any - preferences imposed solely on the basis of race be subject to'"'c'scrutiny . Under Bakke, such preferences might be found Illegal, In the absence of a compelling reason or adequate official legislative, judicial; or administrative findings, of theneed to remedy the effects of prior discrimination. We do not have such official findings. - However, under Bakke, race may be one factor to be considered In the distribution of public benefits. We have accordingly modified the definition of greatest social need to clarify that persons suffering from cultural or social Isolation caused by rote or ethnic status may be classified as those In "greatest social neer!." MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES The inclusion of this language would permit Stale and area agencies to give preferential status for the delivery of services to minority elderly persons suffering from such Isolation and still comply with the principles enunciated by the Supreme Court in Bakke. Furthermore, while race can not be used as a sole criterion for the preferential distribution of benefits under the Act, our regulations implementing Title Vf allow for affirmative action which might be applicable to State and area agencies In their determination of "greatest social need." Under 45 CFR 80.3(b)(e)(li): Even In the absence of ... prior discrimination, a recipient in administering a program may take affirmative action to overcome the effects of conditions which resulted In Drilling participation by persons of a particular race, color, or nation at origin. Additionally, 45 CFR 90.5(j) slates that: Even though an applicant or recipient has - never used discriminatory policies, the services and benefits of the program or . activity it administers may not, In fact, be _ equally available to some racial or nationality groups. In such circumstances, an applicant or recipient may properly give special consideration to race, color, or national origin to make the benefits or the program more widely available to such groups not then being adequately served. In view of the fact that tunny minority' - elderly persons have lived through a period of time in which they have been excluded from equal access to and -participation In many programs and activities, such voluntary affirmative action might be authorized to ensure. that social services provided under T1116 IB of the Older Americans Act are adequately serving minority elderly persons. Based on the preceding discussion, we conclude that Slate and area agencies may legally and properly focus on serving minority older persons where an .. evaluation of factors Indicates that these, Individuals are suffering from cultural or social isolation because of race, color, or - national origin. In our view, such emphasis is consistent with the legislative authority contained in the . Act, with Title Vl of the Civil Rights Act, and with underlying consitutlonal requirements, Section 1321.13, Organization of the State Agency. We provided in the NPRM that the Slate agency could be either a - single purpose ora multipurpose agency and left the multipurpose agency the option whether to designate a single - organizational unit. This would have been relaxation of our existing requirement for o single organizational unit. Most commenters, Including Slate and area agencies and advocates, did aa1 _ 21128 Federal. Register / Vol. 45, No. 03 / Monday, March 31, 1980 / Rules and Regulations not support this automatic relaxation. A of programs for older persons. We are subject every internal administrative majority of commenters felt that therefore providing In these regulations procedure of the State agency to elimination of the requirement for a for a waiver by the Commissioner of the publication. For example, we did not I� single organizational unit would mean single organizational unit requirement. Intend to require a Slate agency to greater fragmentation of services for A State may requesta waiver as part publish and receive comments on such - 1 older persons. Many felt that a single of IIs Stale plan or as a plan matters as changes in position I purpose structure provides for more amendment. The Slate agency must descriptions, or minor organizational efficient accountability of funds, clearer .I describe its method for carrying out its realignments. We did, however, Intend and more effective direction to area functions and responsibilities under this that Stales publish for review and agencies on aging, and maximum ' part. The State agency must also comment,lhose policies which describe visibility for programs and concerns for designate a component unit which plans In general terms the manner in which the elderly. Further, some commenters and develops all policy on programs for the Stale agency carries out its functions believed that deletion of the requirement older persons under this part, and under this part. For example, a State. for a single organizational unit is provides a visible focal point for policy must have written policies for how it Inconsistent with the concept of development, advocacy, coordination, determines Its intrastate funding ✓v ; consolidation of nutrition, social monitoring and evaluation of programs formula; how it designates area agencies services, and senior center facilities and for older persons within the State. The and approves area plans; and how it services. . Commissioner will approve a waiver conducts public hearings. We think a Twelve commenters; including the request unless he or she finds the waiver requirement of this kind is consistent National League of Cities (NLC), the adversely affects the ability of the State agency to carry out its functions and with proper administrative practice and �j National Covemor's Association, and that a Stale agency can carry.out this the U.S. Conference of Mayors, responsibilities under this part. requirement without unreasonable supported the NPRM provision. They emphasized that each State should have Section 1321.15 Stare agency administration. The NPRM required burden. Since we do not require specific procedures for publication, we do not the flexibility to determine the type of political structure most appropriate for each Slate agency to use proper and efficient methods for administering the think the process that these regulations require is inconsistent with Stale the administration of programa for the aelderly. The NLC fell that we should State plan. Specifically, the NPRM required required States by September 30,1980; procedures. We accepted the comments concerning the date by which - retain the right to Impose a requirement to establish written procedures for carrying out all of the State agency's a State must have policies in place. If we determined that a State was not meeting Its statutory responsibilities. functions under this part. The NPRM. paragraph (b)(iv) requires a Slate to have final policies in effect no later than - Many State and area -agencies on aging also required the Stale agency to publish tae procedures for public comment, to one year after the effective date of these '.commented that removal of the single organizational unit would weaken their maintain on file a functional statement rules. We eliminated the requirement of paragraph (d) on reports to the . effectiveness in providing service to the ` -., :...... - of the manner in which the State agency performs Its responsibilities; and to Commissioner. We decided that the lderly. e ''.' AoA neaponae: We agree that submit any reports the Commissioner Department's general grant regulations x145 CFR Part 74 already contain ' programs under the Act should be `administered n the way that ensures the requires. number of commenters questioned the eppropriateneea of the requirement sufficient authority for the Commissioner to require the reports he most effective delivery of services to rsons. We by .for written Slate agency procedures decides are necessary, and that we be Implyinghat we were wasrsuaded f the cooldermmenters that It essential under paragraph (b) of this section. They thought the requirement was tori ncght reasing State's reporting burden by ' j . that each State agency have some designated unit to serve as the visible. - burdensome. One commenter suggested without being specific, that this repealing the requirement here. Ordinarily, the specific content and focal paint for programs for older requirement might conflict with existing format of these reports are prescribed in persons In the State. We concluded that. State rulemaking procedures. Others guidelines, rather than In regulations. . unless a Stele makes some'showing to Indicated a likelihood of an Increased " Section -1321.17 Staffing. The NPRM f the contrary, our goal of effective. financial burden to Implement [his required that, subject to merit system planning, advocacy, and service I' delivery will be best ensured by a single requirement. Some commenters thought the proposed requirement in paragraph requirements, Slate and area agencies give preference in hiring to persona oge i - • organizational unit requirement. We have accordingly revised this section to (b) to have Slate agency procedures In effect by September 30, i9ilo was 80 or olden and required the Slate agency to have a staffing plan on file for - require that, in those cases In which the Inappropriate because of the delay in review. A number of commenters designated State agency is a ' publishing final Title III regulations, . proposed a requirement that the Slate multipurpose agency, It must delegate These commenters proposed that the director be a qualified, full-time all authorityand responsibility under required effective date for Slate agency employee. Some commenters proposed . this part to a single organizational unit. procedures be one year after the specific types of qualifications in such .flowever, we also think that Issuance of final regulations.A few areas as business administration; <.S multipurpose agencies which can commenters expressedconcern about accounting or law. Similarly, effectively carry out their what type of reports might be required. commenters advocated that other State responsibilities under this part without by the Commissioner, and noted the agency staff have certain minimum-'. delegating all responsibility to a single need for adequate time to prepare requirements, for Instance, that there ! organizational unit should not be reports for submission. should be a registered dietitian or required to do so, provided that those AaA response..We did not Intend In professional nutritionist on the State agencies keep some component unit this regulation,eilher to impose undue agency staff and that the regulations -- { which serves asp visible focal point for staff or financial burdens on Stales or to require full-time staff other than just the policy development, advocacy, conflict with State rulemaking Slate director. A few commenters y coordination, monitoring and evaluation procedures, Neither did we Intend to proposed that the regulations require I , l 1, MICROFILMED BY JORM MICROLAB CEDAR RAPID$•DlS MOVIES MCROFILMED BY JORM MICROLAB CEDAR RAN OS -DES M0111LS Federal Register / Vol. 45, No. 83 / Monday, March 31, 1980 / Rules and Regulations 21129 fagency proportionate representation of the State required. Some commenters urged that staff of those minority or ethnic all disclosure should require written We have also revised the disclosure requirements for other information, groups residing in the Slate. Some commenters questioned the legal basis consent. Other commenters wished to exclude information and referral (I&R) Commenters who oppose this requirement seemed generally for the requirement that preference in hiring be given to persons aged BO and services from this requirement because the bulk of I&R services are by concerned that it was loo broad, and would require disclosure of documents older. They recommended a reduction of this age to 55 or 45, telephone. Two commenters urged that such as personnel records and intra - AoA response. We amended this the section be rewritten so that 'Informed consent" would not imply agency decision memoranda. However, we do not think that it is necessary or section to require that the director of the State agency be a full-time employee "written consent." Some commenters advisable to eliminate all disclosure _ and that adequate numbers of other expressed concern that the disclosure requirements Inthisregulation in order staff be employed by the State agency, provisions in the NPRM were excessive to protect these kinds of documents We also added the requirement that the and that State laws or rules should from disclosure. We are unfamiliar with Stale agency director and other staff be govern. It has also come to our attention all of the disclosure requirements of the qualified for their positions. We did not that some State and area agencies may various States, and are concerned that / Impose any requirements concerning be requiring service providers to the public may not have full access to specific qualifications of staff because disclose routinely the names of older appropriate documents if we made Stales are governed by the general individuals to whom they provide disclosure a matter of Slate law. We norms for merit systems contained In 5 services. We intended this restriction to have therefore revised this section to CFR Part 900, Subpart F Standards for a apply to any disclosure by the service provide that the Stale agency would not Merit System of Personnel providers. The problem arises be required to disclose those types of Administration. particularly with legal services information and documents that are The affirmative action requirements providers, who may be under an ethicalexempt from disclosure by a Federal which the Slate agency must follow are obligation to preserve the anonymity of agency under the Federal Freedom of contained in Subpart F. In the absence their clients from everyone, including Information Act. We think that this: of a specific finding of prior Federal. Stale, or area agency auditors. exemption strikes an appropriate discrimination, and without the Office of AoA response. We revised thissection balance between the needs for Personnel Management's (OPM) to permit an older person or his or her confidentiality and free access to State - agency Information. concurrence, we may not exceed these legal representative to approve . rules by requiring proportionate -' disclosure. This is consistent with the Section 1321.25 Content of the Slate �. representation on the State agency staff . requirement for the ombudsman plan. The NPRM required. that the State. !! of minority or ethnic groups residing in program at 4 1321.43(e).. We do not think plan be based on area plans. The NPRM i' the State. However, we did wish to that informed consent necessarily also listed the State agency function emphasize the State agency's -, implies written consent. In our view, requirements; area agency and area plan iY responsibility in this matter by citing In these regulations the specific section written consent would be referable, and could be obtained In advance.. requirements; service delivery, fiscal. ' and information requirements of the f f i affirmative move from rt 900 that s - We have carefully evaluated whether ost of the this - sectiontateladdressed j .. action. with the Parental Managementence of the Office Thereforer , the consent requirement should apply the provisionssinn paragraph (g) regarding the resource ' (OPM), we added this reference in a against the Federal, State, and area agencies which have statutory,. -, allocation plan, means testing and the new paragraph (d). - Although a few ested for m lementation of Title resource inventory. With regard to the lan some resource owere lowering the age of preference for Stain the III prograWe are concerned . not to adopt a which would ccation oncernd whether a': commenters agency employment to 55 or even 45, we do not have the authority to do so. position frustrate necessary monitoring or would multipurpose agency which serves as the Slate agency would be required to �' •'. Section 307(x)(11) of the Act explicitly -jeopardize the Department's access to records under other programs it funds. Identify all the funds it administers, requires that each Stale plan provide, subject to the requirements of merit We are also concerned not to even If some funds were not used to provide services to older persons. Other ' employment systems: that preference be given to Individuals aged 00 or older for unnecessarily Infringe on the privacy of older people to whom we provide commenters questioned the Impact' which the requirement to Include all Slate agency staff positions for which services: We have finally concluded that funds would have if the maintenance of they qualify. - agencies administering the program effort rule applied to all funds Included' Sectlon 1321.19 Confidentiality and must have access to that Information In the Stale plan. Doth groups of disclosure of State agency Information. which is necessary to ensure that each commenters requested that the word all 1 The NPRM provided that no Information part of the program Is administered be deleted from paragraph (g)(3). about an older person could be properly. However, we Intend for Commenters on thin section and on disclosed In a form that Identified the agencies to use the least Intrusive 11321.109 generally agreed with the older person without his or her informed methods possible to obtain the NPRM treatment of means testing. Many. consent. The NPRM also provided the Information necessary to fulfill said that the NPRM definition should Slate agency must.disclose to all particular monitoring objectives. One not limit knowledge of Income 3 interested persons all other information method that has worked well is the one Information for data purposes or for - and documents developed or received of an Independent auditor hired by the referring Individuals to other services by the agency In carrying out its service provider and satisfactory to the where income may be used to determine responsibilities under this port, These monitoring agencies. At the same time, eligibility. A small minority of comments requirements were similar to those In we urge providers to notify all totally favored means testing. A few the existing regulations, participants that monitoring agencies commenters indicated that means The commenters were divided on the may require disclosure, and to explain testing should be used for certain he typo of consent that should be the purpose of this disclosure. services, notably legal services. Others MCROFILMED BY JORM MICROLAB CEDAR RAN OS -DES M0111LS �i 21130 Federal Register / Vol. 45, No. 83 / Monday, March 31, 1980 / Rules and Regulations commented that means testing was necessary in order to determine greatest economic need. Some commenters thought that it was burdensome and impractical to require the Slate plan to Include a resource Inventory of funds spent by other agencies in the Stale for services to older persons. AoA response: We clarified our Intent in paragraph (g)(3) by adding the words "for services to older persons" after the words "all funds." The revisions made In 11321.205 clarify that not all Slate funds in the resource allocation plan are subject to the maintenance of effort requirement. We retained the language of the NPRM in paragraph (g)(4)(11) prohibiting means tests for any service" provided under this -part. We think the legislative history of the Act and the Conference Report on the 1970 amendments quoted In the preamble to the NPRM express clear Congressional intent that there be no means test for any service under the Act. We agree that the requirement for a resource Inventory may be burdensome, and have deleted it. Section 1321.27 -Amendments to the State plan. The NPRM required a Stale agency to amend its plan, hold hearings, and submit the amendment for A45 clearance and the Governor's review, whenever the agency proposed to add, - change, or delete any plan provision, or, whenever State agency organization policy, or operation changed. Most commenters felt that major substantive changes should be subject to this formal review process, but that notrsubstanttire additions, changes or deletions should. not. Commenters were concerned that . the requirements as written would result In unnecessarypublic hearings,' additional paperwork.and unreasonable administi�allvedelay. ..:.: - AoA response: We agree that the Slate agency ought to have the ' flexibility to make minor changes in its approved plan without going through the formal review process. We want to retain the hearing and review - regalrements for major changes and so we revised the provisions which specify which changes must be considered amendments. We want to emphasize that the State agency may net make any change, however minor, in the - provisions or operation of Its approved plan that is Inconsistent with statutory requirements or the requirements of this part. Section 13$1.20 Developnienl and review of the State plan and plan amendments, The NPRM provided that a Stale agency must meet the requirement that the Slate plan be based on area plans by giving all area agencies In the Slate an adequate opportunity to participate in the development of the Slate plan in order to ensure that the objectives established in Stale and are plans are consistent. The NPRM also proposed rules for public hearings and for review of the Slate plan or plan amendments by the Slate Advisory Council, Stale A-95 clearinghouse and the Governor. Most of the commenters on paragraph (a) supported the basic concept that the State plan should be based on plans developed by area agencies in the State. However, they maintained that the process and procedures for deciding what goes into the Slate plan and for resolving differences between the State and area agencies were unclear. Most commenters on paragraph (b) supported the prtncipla of holding public hearings: but S=hat public hearings should be held only on substantive Slate plan amendments. Some commenters Suggested that what constituted "adequate notice' in paragraph (b)(2) was unclear and proposed that "notice should be given at least 00 days prior to the hearings," Some commenters were concerned that the term "throughout" might be interpreted. to mean that more public hearings would be required than necessary to get a broad base of public opinion. Commenters recommended deletion of the words "throughout the Slate" and substitution of "In the Stale," Comments received on paragraph (c) supported the principle of review by the 'State advisory council and A-95 - clearinghouse. However,.they recommended that the two reviews and comments be held concurrently, AoA response: We concluded that although It is highly desirable for State and area agencies to enter Into collaborative efforts in the development of the State plan, the Slate agency has the authority and the responsibility for the development of the Stale plan. It is essential to obtain necessary planning information from area agencies and to obtain area agency Input on the setting of program objectives and priorities. However, the State agency on aging . must make the final decisions on the content of the State plan, Therefore, we changed the warding in paragraph (a) to require State agency consul)ation with area agencies for, (1) assessment of needs, (2) establishment of statewide priorities, (3) Slate plan review procedures, and (4) assurance that objectives In State and area plans are consistent. We agree that only the substantive changes in the State plan specified in i11321,27 require amendments to the plan and public hearings on those amendments, We concluded that it is MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DIS NUlllli important to allow Stales flexibility in 'determining the liming of public a hearings. Therefore, we retained the language of the NPRM. The term . "throughout" the Slate means only that Slates must set up procedures which provide for input from all areas of the Slate. This requirement does not imply that hearings must be held In every area of the Stale. Accordingly, we have retained it. We concluded that the State advisory Committee and A-95 review of the plan could occur simultaneously. Therefore, we accepted the comments and revised paragraph (c) to permit these provisions to occur simultaneously. Section 1321.31 Submission of the State plan and plan amendments to the Commissioner for approval. The NPRM required the State agency to submit the State plan and amendments, signed by the Governor, to the Commissioner 90 days prior to the proposed effective date. All commenters were opposed to the 90 day time frame, with many recommending a 00 day time period. In several instances, commenters expressed concern that the present requirement, coupled with the requirements for development and review of the State plan and amendments, would necessitate at least 150 days administrative lead time following preparation of the State plan or amendment. AoAresponse: We accepled the suggestion of the majority of commenters'who recommended that the time frame for a plan to be submitted to the Commissioner be reduced from 90 to` 90 days. Section 1321.41 Advocacy responsibilities: general. The NPRM listed a number of activities which the State agency must undertake to carry . out Its advocacy responsibilities on "behalf of older persons. Some commenters expressed concern with the burden of the responsibility in . paragraph (a) to review and comment on all Slate plans, budgets and policies which affect older persona. Other commenters thought the requirement In paragraph (b) to conduct public hearings on the needs of older persons duplicated the efforts of area agencies, since area . ogencles are also required to conduct ouch hearings. Some commenters Indicated the State plan formal should Include assurances by the Governor that oil other Slate agencies will submit to the Slate agency on aging copies of plans, budgets and policies that impact on the lives of older persona. In addition, some commenters recommended that Stale and area ngencies be given the responsibility to 3' I 4,y :.1 Federal Register / Vol. 45, No. 83 / Monday, March 31, 1980 / Rules and Regulations 21131 monitor all programs where older persons are employed. AoA term care facilities, such as in a consultant capacity, from contracting action means any action or decision - made by an owner, employee or agent of response: Section 305(a)(1)(D) of the Act requires the Slate agency on with the State agency to operate the ombudsman program. Other a long-term care facility, or by a aging to review and comment on all State plans, budgets and policies which commenters recommended that we prohibit operation of the government agency, which affects the provision of service to residents covered affect older persons. Therefore, while we recognize the concerns expressed by ombudsman program outside the State agency. AoA response: We agree that by this section." This definition would require ombudsman response to commenters, we cannot change this requirement. On the subject of public consultants of associations of long-term care facilities should not operate complaints Involving such issues as quality of life and quality of care in t _ hearings, we think that the conduct of . public hearings on the needs of older ombudsman programs. We have accordingly revised the regulation to long-term care Institutions, reimbursement Issues, discrimination persons Is an important responsibility ' for both State and area agencies. We do prohibit agents as well as affiliates of these associations from operating against Medicaid patients, etc. This definition would not require not view these as duplicative, since each ' level of hearing provides a different a program. Section 307(a)(12)(A) of the Act authorizes a State agency to ombudsman response to complaints dealing with family disputes and labor disputes, perspective on the needs of older persons. We want to emphasize that contract for the operation of this program. The regulations unless action or lack of action by facilities or government agencies hearings on the needs of older personsstatutory differ in purpose from hearings on. State reflect this provision. 3. Definition of'anysimilaradult related to such disputes adversely affected residents of long-term care and area plans. The public hearings on the needs of older persons are an care home. "The overwhelming number of commenters stated that we facilities. This definition is in keeping with the recommendation of the advocacy activity to find out what should be done by and for older persons; should leave up to the State agency the definition of any similar adult Ombudsman Task Force formed to assist AoA In implementing the hearings on State and area plane are an administrative activity to obtain public care home, which is the fourth category of long-term care facilities that be ombudsman legislation. The statute requires that the program . input on proposed plans for the provision of services under the Act. must covered under the program. AoA response., We agree with the resolve complaints, not simply attempt to resolve them. However, the regulation Finally, we wish to point out that the purpose of these rules Is only to regulate commenters that, particularly at the beginning of this the State leaves to the State agency the discretion to choose appropriate methods of . ' activities under the Older Americans Act, as amended. We believe that It program, agency should determine, to the extent possible under statutory requirements, resolution. We recognize that there will . be many instances in which the program • might be useful for State and area - agencies to monitor all programs where . the facilities to be included in its program. Therefore, we defined any will not be able Wachieve fell` resolution of complex problems giving, older persons are employed. However, we think that these agencies should similar adult care home as defined by the Slate agency in the State andsteps rise to specific complaints. We expect only that the program take whatever have the discretion to decide whether they think that this type of monitoring Is plan approved by the Commissioner. 4. Investigation and resolution of are reasonable and feasible to achieve this full resolution. - an effective use of their resources. Section 1321.43' Long-term care complaints regarding administrative action. The NPRM required, based 5. Legislation. A number of ... commenters recommended deleting the expected received a numberof comments on on of the Act, that �(2r) requirement that the ombudsmanoinhudsmim- legislationtor crdto '- gapgrnvesgaeanerm broad range of issues raised by these statutory resolve complaints relating to carethers recommended that the ombudsman be required to participate In new requirements. In general, ' comments on this section focused on the administrative action which may adversely affect the health, safety, the development of such legislation. AoA response: The requirement for following major issues: " (1) Funding. The NPRM provided at welfare and rights of residents: Some commenters thought the regulation the ombudsman to monitor legislation is 11321.197 that the spend annually on hlelombudsman sl ort to resolve hasize the of s contained In Section 307(a)(12)(A)(11) of not on the Act. We loin _ , • _ program at least the greater of I percent of its social services allotment complaintshould A number commenters asked for a clarification of what "administrative requirement Include aamanda mnd andate for the ombudsman to assist In developing or $20,000. Commenters suggested that the constitutes action." Most commenters recommended a brood legislation because we are concerned - that the programs would not have program requirements were too ambitious for this level of funding and, • , definition. Some commenters were also concerned that we not require the State sufficient resources to carry out this that State agencies currently lacked the resources or capabilities to accomplish agency on aging to duplicate the Investigative, licensing, or monitoring requirement, and because we are not certain whether this type of requirement Is - • the intent of these requirements. AoA response: The minimum funding functions of other Slate agencies. Some appropriate. 8. Access to faciiitles and residents. level proposed in 41321.197 is required - 1� by Section 307(a)(10) of the Act. Since commenters recommended that the regulations allow more than one method The NPRM provided that the State agency establish procedures for .}/ the rogulallons do not establish a for complaint resolution. AoA response: We agree that "'appropriate access" to facilities and residents and their records. The NPRM maximum, State agencies aro free to lake any amount from the Title ill -D "administrative action" should be defined. Although wo recognize that a required prior written consent from the resident for access to his or her funds which they think necessary to accomplish the Intent of this section. broad definition might require coordination with other programs, we records. Some commenters requested clarification of what constitutes (2) Operating Organization. Some comments called for prohibiting groups think that a broad definition most accurately reflects the purposes of the "appropriate access" to the facility and residents. Some commenters also or organizations that are directly nnsnclaled with associations of long program. We have therefore added the following definition "Administrative requested that we differentiate between access for volunteers and access for MICROFILMED OY JORM MICROLAB CEDAR RAPIDS -DES MOINES W 21132 Federal Register / Vol. 45, No. 03 / Monday, March 31, 1990 / Rules and Regulations paid staff, and that we also require access for area agencies. A few commenters recommended amending the NPRM language to specify the right to meet privately with residents. Comments related to access to residents'recards focused on the NPRM requirement to obtain written consent from each resident as a condition for access to his or her records. A number of commenters opposed this provision because it could jeopardize the anonymity of the individual whose complaint is being Investigated, it would conflict with same State ombudsman laws, and it conflicted with the legislative Intent that the ombudsman have access to such records. Some commenters were also concerned that the State agency would not have the authority to require access to facilities and records, AoA response: In response to the - comments and the recommendations of the Ombudsman Task Force, we revised the regulation to provide that the Stale agency must establish procedures to .' ensure that all representatives of the ombudsman program are given appropriate access to facilities and appropriate and confidential access to residents, but that only the ombudsman and those specifically designated by the ombudsman are given access to,: . reddenl's'personal and medical records;' The requirement that the ombudsman not obtain access to a patient's records without the written consent of the 'resident or his or her representative ham been dropped in these final regulations In response to the comments,, but the disclosure requirements have been '. strengthened to require that the Identity of the complainant or resident is .disclosed by the ombudsman only to . persona specified by the complainant or resident or his or her representative. We think that State agencies should be . responsible for obtaining the authority under Slate law that Is necessary for them to require access, and should decide whether they want to require access now to area agencles as well. For the present, we are leaving to the Slate `. agency to specify further what constitutes "appropriate access." We are, however, carefully reviewing this Issue In the context of all the programs the Department administers In which the ,Issue arises, and may develop further regulations or program guidance on it In the future. . Sectlon1321.47 Stateadvisory council on aging, The NPRM listed the functions of the council; required that at least fifty percent of council members be at least 00 years of age, required council meetings at least quarterly; and directed the Slate agency to provide staff and assistance to the council.. A number of commenters indicated concern about the composition, role, and function of the State agency advisory council. The majority of commenters recommended including program participants and minority older persons on the council. AoA response: We revised the provision for composition of the advisory council to require that older members of the council include those with greatest economic or social need and actual recipients of services under this part. In making these additions we think, for the reasons noted In our discussion of § 1321.3, that minority older persons will also be represented on the advisory council. We agreed with those commenters who thought there should be a more complete statement about the role and functions of the ' advisory council than that given in the NPRM. However, we concluded that the regulations were not the appropriate place for such a statement. We think this is a matter for each State to address. Therefore, we required the State agency to establish and make public by-laws governing the advisory council. Section 1321.49 Intrastate funding formula. The NPRM proposed that the intrastate funding formula must include e minimum funding base for each area agency, assure that rural areas receive 105% of the amount spent In fiscal year 1979 under the Act for services, reflect the distribution of persons aged 0o and over with greatest economic need, and reflect the availability of other State and Federal funds for services. Several commenters recommended the deletion of these requirements because they felt they went beyond the • statutory requirements and Intent of Congress. Many commenters asked if the minimum funding base applied only to the area agency administration. Other commonters wanted the formula to contain a hold harmless clause for area agency funding levels. Several commenters 'requested different criteria be used for nutrition service funds and 'social service funds. Equal numbers of comments supported and opposed the requirement concerning consideration of the - distribution of persons aged 00 and over with the greatest economic need, Many suggested adding"social need" as a criterion. A number of commenters opposed the requirement that the availability of other Stale and Federal resources be a criterion. Several communists wanted to delete the requirement that State MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DIS MOINES agencies submit a summary of comments about the formula to the Commissioner. Others recommended updating the formula each year. AoA response., Section 305(a)(2)(C) of the Act requires each State to develop 'an intrastate formula, in accordance with guidelines Issued by the Commissioner. We do not believe the proposed criteria In the NPRM went beyond statutory authority. We think that all of the criteria proposed are appropriate to ensure that funds are distributed within a Slate in a manner that is most likely to ensure that the service delivery requirements of the Act are mel. We have accordingly retained the requirement for a minimum funding base as it nppeared In the NPRM. The base requirement applies to both administration and services, but we have revised the language to make clearer our intention that each area agency receive the same base grant. We think the requirement for a funding base is a necessary part of an intrastate formula, We believe that a minimum funding level is necessary to assure that each area agency has the resources to carry out its basic responsibilities. We have not required a hold -harmless provision because the purpose of these regulations is merely to set forth general . criteria. We retained the statutory requirement that the intrastate funding formula reflect the distribution of persons aged 00 and over. in response to the comments, we modified the requirement that the formula reflect the proportion of those with greatest economic need.to Include greatest social need also. Although we are concerned, as we. indicated In the NPRM, that States do not have sufficiently quantifiable data on all aspects of social need, we have concluded that some aspects, such as Isolation or advanced age, are. - quantifiable, and that the proportion of older people among planning and service areas with those characteristics can be measured. Although we think, as we Indicated In the NPRM, that the formula should take into account the 'availability of other funds, we recognize that this may be a burdensome requirement for many State agencies, and so are not imposing it in the final regulations, We retained the requirement for a Slate summary of comments because it Is necessary for us to know what people In the Stale think about the formula In order properly to understand and comment on It. We do not think that it Is appropriate for these regulations to specify different criteria for nutrition and social service funds, We believe that decisions which Federal Register / Vol. 45, No. 63 / Monday, March 31, 1960 / Rules and Regulations - 21133 • - are that detailed should be left up to the State agency. We also think the Stale requirements and left up to the Slate agency the procedures for those apposed redesignation as wasteful and disruptive. Some commenters wanted agency should be allowed the discretion hearings. We think that it is appropriate groups of reservations to be eligible for to decide whether to update its formula for State agencies to decide on these designation as a PSA. A number of more frequently than the three year update required by these regulations. procedures. We would require the agency to follow specified procedures commenters also wanted some assurance that the State agency would Section 1321.51 Stale agency hearings. This section of the NPRM for defunding nutrition projects in operation on September 30. 1970, consult existing area agencies before redesignaling any PSA boundaries. A required the State agency to provide a because Section 501(b) of the 1970 few commenters objected to the hearing under various'circumstances to area agencies, units of general purpose, Amendments specifically provides special protection to those projects, and proposed requirement that the Slate agency must provide an opportunity to - local government and service providers, a The section specified the applicable provides that they may not be defunded except pursuant to regulations issued by apply for PSA designation to any unit of general purpose local government, f timing and procedures for the hearings. I A number of commenters objected to the Commissioner. In response to comments that the . region, or Indian reservation. Several commenters suggested that the July 1. ' - this. section in its entirety believing a requirement for such hearings to be proceedings might be protracted, we added requirements that an area agency 1990 date in paragraph (g) be changed to - - September 30,1980. - unnecessary, burdensome, and potentially divisive: Others supported or unit of general purpose local government that wishes a hearing must AoA response: We have revised this section to clarify that the Slate agency the general requirements but were confused by the apparent duplication of file a written'request within 30 days following receipt of a formal notice of an may designate any areas it thinks beat reflect the criteria set forth in the requirements for units of general purpose local governments. Some adverse action by the Stale agency, and that the State agency must issue its regulations. The regulations Implement the statutory provisions by specifically commenters opposed extending heoring privileges to service providers or decision within 60 days after completionencouraging of the hearing. In general commenters certain types �I planning,. . end service areas, such as all portions of suggested that these take place first at - the area agency level. A number of - - did not oppose our specification of - certain procedures for area agency - an Indian reservation. The regulations would also allow for inclusion of more commenters suggested less extensive hearing procedures for service designation or area plan disapproval We think that these minimum than one reservation in a PSA .. With respect to redesignation; 'w'e id'. : providers. Several commenters -' suggested That regulations provide fair' procedural requirements are appropriate for hearings Involving decisions not Intend to require a State agency toq redesignate new planning and servico" - hearing procedures for older persons . who are participants or who apply to - affecting the administration of the entire planning and service area, and have areas. This section simply, sets forth' criteria the State agency must follow in', :. receivaeervicea. AoAresponse: Section'307(a)(5) of the accordingly retained them in the final regulations, designating planning'and service area boundaries. If agency finds that - . .. -Act requires the Siete agency to pro the opportunity for a hearing on request We do not believe it would be • appropriate for us to require a Stale or - application of these criteria wauf l " require designation of new areas, it is to area agencies, and service provlders and applicants. Section 305(6)(1), - -requires - • area agency to provide an opportunity-, for a hearing to participants or the agency's responsibi)ily, to make that' designation. the agency. to provide the ' opportunity for a hearing on request•to . applicants; Title III of the Act is not an .. 'entltiemenl program. State.and area We do not think that Slate agencies'- • - should be required to consult with any unit of general purpose local . - government with a population of 100,000 agencies must follow certain priorities in selecting older individuals to ba served existing area agencies before ' designating planning and serviceareas or more which applies for designation as .. a planning and service area. Section . and services to provide, but no older individual is entitled to services under because area agencies may have a -, vested interest in maintaining the • - 305(b)(4) provides for the opportunity for a hearing before the Commissioner to the Act. Furthermore, there is no specific prosent'areas. However, we believe It ' any unit of general purpose local statutory requirement that these hearings be provided, Of course, a Stale would In most cases be prudent for the - State agency to undertake this - government, region, metropolitan area, ,. or Indian reservation which is denied or area agency would be free under - these regulations 10 hapose such a consultation, - We retained the requirement that the designation. We agree that the proposed hearing provisions for units of ggneral requirement if it chose, • Section 7321.53 Designation of State agency must provide an - opportunity to apply for designation to purpose local government of 1D0,000 or planning and service area. This section any unit of general purpose local : •- - more were confusing. We have revised' this section to provide fora single State of the NPRM Implemented the requirement in Section 305(a)(1)(E) of . government, region or Indian .. reservation. We think that this - agency hearing for all units of general the Act that the Slate agency divide the requirement is consistent with Section purpose localgovernment whose Slate Into planning and service areas in 305(6)(4) of the Act that assures an F' applications, for designation as planning and service areas are denied. Thisstatute accordance with criteria specified In the and by the Commissioner, and opportunity fora hearing upon denial of designation. - hearing would implement Section 495(b)(il, and serve as the basis for any, provided for application for such dnsignnlion by units of general purpose Section1321.57 Inlerstale planning and service area. This section of the • appeals to the Commissioner. We have revised this section to clarify local government, regions, and Indian reservations. NPRM implemented the provision of. Section 305(b)(3) of the Act for Its provisions, and hove made several A number of commenters interpreted designation of interstate planning and other substantive changes. In response the general rule that a Slate agency must service areas, The regulations would to comments that the proposed divide the Slate into planning and . . have required each affected Governor to procedures for service providers and service areas (PSA's) to mean that the list In the State's application the applicants were Inappropriately detailed, we have revised those State ngency must redesignate all PSA's, - Bused on this understanding, they conditions agreed to for the interstate PSA. We concluded from our experience aa9 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES - -r 21139 Federal Register / Vol. 45, No. 83 developing the Navaho interstate PSA that It would be useful to have the conditions agreed to formally, and have revised these regulations to require such a prior agreement. Section 1321.01 Designation and functions of area agencies. The NPRM required the Stale agency to designate an area agency to each PSA In which the Stale agency decides to allocate funds under this pert. The NPRM also cited the purpose of designating area agencies; listed procedures before . designation; and set a timetable for designation. Many commenters were confused by the term focal point in paragraph (b) of this section, particularly in relation to the requirement in 11321.95 that area agencies designate community focal points in community service areas. Other commenters objected to the concept of redesignation in paragraph [d) because they thought the procedure • would be wasteful, disruptive and lacked a statutory basis. Commenters _• :also objected to the requirement in . paragraph (d) that designation or redesignation be within 150 days of the effectivedale of the final regulation, or by September 30, 290D, whichever Is later.. . - AoAresponse: Section 308(a)(6)(D) of the Act clearly mandates that the area agency.same as the advocate and focal point for,the elderly within the and commenting an'all poticles, . .programa, hearings, levies, and community actions which affect the elderly. This notion of focal point is very different from the use of the. term in Section 308(a)(3) of the Act where the emphasis is on focal point for comprehensive service delivery.' We deleted paragraph (d) because of the misunderstanding it generated. Our Intention in the NPRM was to emphasize the responsibility of the State agency to assure that area agencies have the capacity to carryout the added responsibilities assigned them by the - 1970 Amendments, not to require automatic redesignation, Section1321.83 Typesofagencies that may he an area agency. The NPRM listed the various types of agencies that the Slate agency may designate as area agencies and required that the State agency give preference to an established office on aging or an Indian tribal' organization In any PSA whose boundaries are essentially the same as those of an Indian reservation. The main Issue raised by commenters on this section was that the language of the NPRM seemed to preclude planning bodies or Councils of Government (COG'S) from being designated as area March 31, 1980 / Rules and agencies on aging. Commenters also recommended language to allow a consortia of tribal governments to he designated an area agency. In some instances, for example, where more than one reservation is designated as a single PSA commenters noted that a consortia of tribal governments is the most appropriate vehicle to serve as the area agency.. AoA response. We did not intend to eliminate regional Councils of Government or regional planning agencies as eligible for designation as an area agency. Paragraph (a)(3) slates that any office or agency proposed by the chief elected officials of a combination of units of general purpose local government may be designated as an area agency. This clearly includes regional planning bodies or COG's. We also amended paragraph (b)(2) to allow more than one tribal government for' example, a consortium, to be designated as an area agency, if the consortium is one of the types of agencies or - organizations specified in paragraph (a). We did so because we agreed that where more than one reservation Is included In a single PSA a consortia of tribal governments may properly serve as the area agency. Section 1321.65 Organization of the area agency. In the NPRM we removed the single organizational unit' requirement for area agencies that are multipurpose area agencies. Most commenters objected to the relaxation of the single organizational unit requirement The arguments by'some commenters in favor of a single organizational unit were similar to those received regarding organizational . structure at the State level. (See discussion under 11321.13 above), These arguments Included the need for a single focal point on aging at the local level, conflict between the concept of Title III services consolidation and the potential for organizational and services fragmentation, diffusion of administrative accountability and program responsibility, and the subordination of elderly Interests to the general interests of the multipurpose organization. A large number of commenters opposed the requirement that a multipurpose agency be established to administer human services because they felt it would eliminate organizations such as Council of Governments and other regional planning organizations. Several commenters noted that this provision would niso prevent the designation of Indian tribal organizations as area agencies on aging. - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DIS M0111IS ADA response: As noted in our response to comments concerning Q 1321.13, we agree that programs under the Act should be administered in the way that ensures the most effective delivery of services to older persons. However, as with the State agency, we think that the regulations should allow a degree of flexibility to accommodate situations In which an area agency can effectively carry out Its responsibilities under this part without a single organizational unit. Therefore, these regulations allow the Stale agency to approve a request from an area agency for a waiver of the single organizational unit requirement if the State agency finds that the area agency can effectively carry out its functions and responsibilities ender this part with only a component unit Section 1321.87 Area agency procedures. (Section 1321.89 in NPRM). The NPRM required that the area agency have written procedures for carrying out all of its functions under - this part A majority of commenters supported this section, but amumber recommended Its deletion. Major reasons given for deletion were that State agency'policies .' covered area agencies. Some commenters recommended that the requirement be limited to administrative procedures. ' AoA response: We have changed the requirement In the final rule to provide . that State agencies determine what should be Included In these procedures. Section 1321.09 Staffing (Section 1321.07 In NPRM) The NPRM set fortb the requirement that, subject to merit system requirements, area agencies must give preference In hiring for full or pert -lime positions to persons 80 and over. Several commenters advocated requiring a "full-time area agency director and staff." Other commenters recommended giving hiring preference to "minorities and linguistic groups." AoA response: We changed this section to require a qualified full-time area agency director, and adequate numbers of other qualified full -lime and part-time staff. See our comments relative to 11321.17 for additional points, Section 1321.73 Duration and formal of the area plan. The NPRM required a three-year area plan In accordance with a -uniform plan format, a time period determined by the Stele agency, and other Instructions from the State agency. Some commenters recommended a number of additional requirements Including annual updates of the plan and amendments, and mandated coordination with the three-yenr a i Federal Register / Vol. 45, No. 63 / Monday, March 31, 1980 / Rules and Regulations 21135 planning cycle for health systems planning. designed, among other things, to The majority of commenters facilitate accessibility to, and utilization AoA response: Section 307(u)(1) of the of, all suctal services and nutrition Act gives the Stale agency the authority services provided within the responding to the information requirements were concerned with and responsibility to prepare and - distribute a uniform area format. geographic area served by such system by any resource allocation plans and proposed methods forgiving preference to those in plan public or private agency or organization, Section 300(a) describes the area plan as The area agency is expected to being for a three-year period with such greatest economic or social need without means testing. A number of annual updates as may be necessary. Section 1321.79(e) of these regulations develop the comprehensive and coordinated system over a period of commenters telt that the requirement regarding resource allocation should be clearly provides the Stale agency with. - the authority to require annual time. Ideally, the system should provide for the coordinated use or all public and deleted. Most stated that the language should be modified in order to Include amendments. We believe that these regulations prescribe sufficient area private resources for older persons, notonly solely Title III funds. Therefore, while funds for programs for older persons. The Item related to means plan requirements and that decisions any of the services listed in the tour testing received the most comments with respect to additional requirements should be left for the present to the categories may be funded with title III resources, the area agency is also under this subsection. Equal numbers of commenters either endorsed means discretion of State agencies. Therefore, expected to coordinate the use of other testing or opposed It. we retained this section as it appeared In the NPRM and did not impose any of resources as part of the comprehensive system described here. If the AoA response: The area agency function requirements are imposed by the further requirements suggested by comprehensive and coordinated system Section 300 of the Act. Therefore, we did .commenters. is understood as developmental In not eliminate any of these requirements. Section 1321.75 Comprehensive and coordinatedservice deliverysyslem. . nature and as including all public and private resources available to serve In some cases the statute Imposes..- requirements only "if possible" or. The agency older persons, there is no reason to "where feasible" and we have retained Thou de o the fuired or oto expect that there will be a loss of in. those qualifiers in these regulations. - comprehensive and coordinated service home service as a result of Identifying Section 300(a)(1) of the Act requires delivery system for all social and . nutrition services needed by older services to residents of care providing - facilities as a component of the system. an area plan to evaluate the effectiveness of the use ofavailable .. persons in the PSA: The NPRM. In addition, the Act makes services resources In meeting the needs of older , proposed a logical construct of such a available to older persons regardless of .. persons, and section 3D0(a)(0)(A) ' system in which the services provided to h' older persons were viewed as felling ' the older person's place of residence. The opportunity for an older person to requires the area agency to conduct periodic evaluations of activities under . into four general categories: services .. 'svhicfi facilitate access; services - receive services under the Act is not . , restricted because the older person Is the plan. We would like to. emphasize. , that these provisions allow the area provided in the community; services resident in an institution. We expect the „ agency considerable discretion in .,,. provided In the home; and services - provided to residents of care providing area agencies will not allow funds under this part to be used for services for _ conducting Iheae evaluations. We would also like to emphasize that these facilities, which other Federal funds such as ' evaluations are not only a statutory__ .�., Many commenters objected to the provisions of paragraph (b)(4) - ' Medicare or Medlcald, or Tllle XX are available, We do not, however, want to requirement, they'are an essential part of an area agency's management , concerning services provided to rest of care providing facilities. prevent Institutionalized older persons. - from receiving needed services when -. responsib1111 as. We have revised the resource . _ Many commenters recommended other funds are not available. allocation plan requirement to limit it to deleting the paragraph. Though commenters agreed that residents of In response to other comments we ,;. ; think the words "such as" preceding funds administered by the area agency for programs for older, persons. We have long-term care facilities need services, - , each list of services is sufficient decided not to limit the plan to funds They were concerned that without ' additional funding, certain services indication that the services listed aro examples, and not a complete (1st. We - awarded under Tule 111 because the area agency is r aponaible,under the Act for .. designed to keep individuals in their own homes would suffer in the effort to did, however, Include legal services In the list of services In paragraphs (b)(3) developing a comprehensive and - - - coordinated service delivery system for . meet the requirements of this section, Some commenters noted that the list and (b)(4), Sectfon 1321.77Canlen! o the area older persons throughout the planning and service area, We think that the, of services under paragraph (b)(1) was ..plan. not inclusive, and the regulation should This section of the NPRM set forth . the required provisions of an area plan, - information on decisions area agencies _ make with respect to all funds for. older either highlight the fact that this list Is only a set of examples, or Including the area agency function persona Isu'seful to the State agency and„ to the public In evaluating the add additional services. Some commenters requirements and fiscal and Information requirements. Commenters were mainly. effectiveness of the area agency and Its ' plan. 1 suggested that legal services be Included as among the services which may be concerned about the area agency function requirement far monitoring, We retained the language prohibiting provided In the home and to residents of core faclllllca. evaluation, assessment and technical means tests for any service provided under this part. We think the legislative providing AoA response: We want to clarify assistance. They suggested that these requirements would cause a severe history of the Act, discussed fully In the preamble to the NPRM, supports our several matters concerning the . ' ofof this. section. Section 302(1) drain on limited staff time. Commenters recommended deleting the requirement requirement that there be no means lest for any service under the Act. of the Act defines a comprehensive and coordinated system" as a system for for evaluation and adding the word's "If possible and If feasible" to the other . Section 1321.79 Amendments to the area plan, Many commenters providing all nocessery services, Including nutrition, in a manner requirements. Some commenters objected to evaluating other agencies, recommended that we revise .or delete: paragraph (d) which required the area aa9 MICROFILMED OY JORM MICROLAB CEDAR RAPIDS -DES MOVIES 21136 Federal Register / Vora. .,i, No. 63 agency to amend its plan if it proposed to add, change or delete any plan provision. Most commenters requested that we make a distinction between substantive and nonsubstantive change to the area plan and that we only consider substantive changes to be amendments to the plan. Several commenters Indicated that the area agency should havethe flexibility to make minor administrative add technical changes without the public hearing required for plan amendments. AoA response. We agree that only substantive changes in the area planm should be required a formal aendmen and have accordingly revised this section in the final regulations. As revised, this section specifies a more limited set of circumstances in which the area agency'must amend its plan. .Under the final regulation, any other minor modifications to the approved area plan would not be subject to the formal amendment process. Section 1321.81 . Review of the area plan and plan amendments. The comments received on this section were similar to thosereceived on 11321.27. AoA response., We revised this section .. to a manner similar to 41321.27. .-_Section1321.85 Withdrawal of area agency designation andconlinuity of 'services. The NPRM provided the circumstances under which the State agency must withhold payments to an area agency; and outlined procedures for continuity of services in a PSA after withdrawal of an area egencys designation. suggested that in paragraph (a)f2), the words "... or plan amendment" should either be deleted or those Wait of plan r amendments should be defined that would be a cause for termination of funding. Some commenters also recommended that the period of time of 180 days in paragraph (c) should be extended since there are circumstances In which,a longer period of time may be necessary. AoA response: We think the changes mode 11111321.79 respond to the concerns expressed about possible - 'ambiguity of the words "or plan' " . amendment", We chose to retain the provision In paragraph (c) that sets a limit of ISO days within which the Slate agency must designaie a new area agency. However, we believe there are - circumstances In which an absolute adherence to this provision would not be In the best interest of the program, Therefore; we Included in paragraph (d) Provision for the Commissioner to. extend the 180 day period when he or she judges there Is need for an ' extension. March 31, 1900 / haves and Regulations Section 1321.91 Advocacy . responsibilities of the area agency. Th NPRM listed a number of activities which the area agency must undertake s 10 carry out its advocacy responsibilitie On=, n behalf of older persons. Many commenters felt that the "must" at the beginning of this section should be changed to "may" or "should" to imply more flexibility for the area agency in carrying out the provisions. Of the Individual provisions, paragraphs (a) and (d) received the most comments. Many commenters expressed concern with the requirement in paragraph (a) t, that the area agency must monitor, evaluate and comment on all policies, programs, hearings, services, and community actions which affect older persons. They stated that their staff was too limited to carry out this requirement. Paragraph (d) of the NPRM required . area agencies to coordinate activities in support of the statewide long-term care ombudsman program. The main issues raised by c6mmenlers about paragraph (d) were: (1) the ombudsman program Is a State program and if area agencies are Involved they should receive special funding; (2) the requirement is duplicative of State agency activities; and (3) area agencies need some direction from the Stale to help In this coordination. AoA response: The requirements In paragraph (a) are taken from Section 306(o)(ORD) of the Act. It is not possible to change these to some less stringent requirements. We recognize, however, the limited staff and funds which an ` area agency has to devote to these responsibilities. We agree tha4 as stated In the NPRM, paragraph (d) was confusing., We revised paragraph (d) to require the area agency to carry out activities in support of the State administered long-term care ombudsman program,.We think this clarifies that the Stole is primarily responsible for the ombudsman program; but also points out the responsibility ofthe'area agency to assist In this effort as part of its basic advocacy responsibilities and its duty to develop a comprehensive and coordinated system for the delivery of services in Its PSA. The coordination of legal services, prolective services. Information and referral, case management and other services may be necessary to support ombudsman activity. - Section 1321.93 Area agencygeneral planning and management . responsibilities. Tha NPRM identified fourteen responsibilities in this section which the area agency must carry out. Most of the comments received addressed paragraphs (b), (d), and (j). The MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Paragraph (b) required assessing the kinds and level of services needed and assessing the effectiveness of other s public and private programs serving those needs. Some commenters questioned the authority of area agencies to assess programs which are not funded through the area plan. Paragraph [d) required providing technical assistance to, and monitoring. and periodically evaluating the performance of, all service providers under the plan. Commenters opposed the area agency carrying out these functions for those services that it provided directly. Paragraph (j) required the division of the area into community service areas and the designation of community focal points. Commenters Indicated that the NPRM was unclear as to the meaning of community service area and community focal point. They suggested that the paragraph needed to be revised to be in line with 11321.95. AoA response: We modified the language of paragraph (b) to follow the - language of the Act in Section 306(a)(I), We changed "..'. effectiveness of other public and private programs serving those needs" to read ".;... effectiveness of the use of resources under the area plan in meeting these needs." The word "evaluate" in paragraph (d) is taken from Section 306(a)(6)(A) of the Act and is retained as stated in the NPRM, We deleted paragraph (i) co aruing designation of community service areas as it appeared in the NPRM odd corrected the lettering of subsequent paragraphs. , Section 1321.95 Designation of'. community focal points forservice delivery, The NPRM required each area agency to divide its planning'and service area into community service areas, using specified criteria, then to designate, where feasible, as community.... focal points. organizations which would perform certain functions Including providing access feemargency services. The NPRM defined "community focal.. .point" in 11321.3 as a place for collocation and coordination of service delivery. ' Most commenters opposed the • - requirement for divisional. the planning and service area into community service areas, and felt that Oren agencies should have discretion to make this division. A large number of commenters indicated confusion regarding the distinction between the "Community focal point' language in this section and the role of the area agency as focal point. Some commenters indicated it was unclear whether the focal point Is an organization, a building, or a coordinated network of services. r .� :�• ,i Federal Register / A. 45, No. 83 / Monday, March 31, 198. Rules and Regulations 21137 Many commenters staled that a strict interpretation of this section would have an adverse Impact on rural areas which lacked resources and population concentrations necessary to qualify. A few commenters were concerned that the section implied a termination of existing services in order to concentrate the delivery of services through focal points. A number of commenters objected to community focal points as an additional layer of bureaucracy. Many commenlere requested a more specific definition of emergency services '• or indicated that the requirement f appeared to duplicate existing emergency services in the community. AoA response: The 1978 amendments to the Older Americans Act required in Section 306(a)(3) that area agencies " .. Designate, where feasible, a focal point for comprehensive service delivery in each community to encourage the maximum collocation and coordination. ofservices for older individuals, and give special consideration to'designating multipurpose senior centers as such focal points," ' We realize from the large number of 'adverse comments which were received that most people involved In service delivery under the Act are very ' - concerned about the implications of this newstatutory requirement, and that our regulations should be drafted to give area agencies broad flexibility In its Implementation. We have accordingly significantly redrafted this section in response to the comments received. We have eliminated the requirement for division of the planning and service area into community service arena. We have instead setforth a series of criteria that the area agency must consider in . deciding in which communities to designate focal points for service delivery. These criteria are similar to those specified for community service area designation in the NPRM. They incorporate the statutory requirement for preference for those in greatest -. .economic or social need, and require the area agency to -consider existing service — delivery patterns and natural communities, and the location of facilities that are suitable for designation as focal points. The final regulations clarify that the community focal point is not an organization, but a location for collocation of service delivery. We have eliminated the requirement that the focal point perform any specified set of functions, and are instead simply requiring the area agency fto lake certain steps to facilitate the collocation of services at designated focal points, and to ensure that those services are convenient and accessible to older persons. We think that community focal points are an essential mechanism for achieving the objective of a comprehensive and coordinated system of services, and urge area agencies to provide the maximum possible services integration at the focal points it designates. Since the Act specifies [hat multipurpose senior centers be given special consideration for designation, the area agency must lake existing. centers into consideration in deriding in which communities to designate focal points. We also urge area agencies to develop other centers and congregate nutrition sites into focal points. We expect that area agencies will make maximum use of existing service delivery facilities In designating focal points. The community focal point is not Intended to be an additional administrative layer, nor Is it to assume the functions and responsibilities of the area agency on aging. The community focal point is a facility located within a defined community which provides older persons with the maximum direct access possible to the services available within that community. Section 1321.97 Area agency advisory council. The NPRM specified the functions of the advisory council In paragraph (a) and prescribed the composition of the council In paragraph (b). Most commenters addressed paragraph (b), the composition of the . council. The largest number of commenters cited the failure of the NPRM to specifically mention membership of minorities, low income or linguistic representativeness of council members. Other commenters felt that there should be a requirement for a nutritionist or nutrition project representative on the council. Most core enlerasupportedtherequirement for are than 50 percent membership of older persons; but many also suggested the language require that some or a flzed percent of the older persons be consumers of services under this part. A number of commenters also suggested a parallel between State and area advisory council requirements. AoA response: We revised this section to more closely parallel the provisions for the State advisory council. Refer to our response to 11321.47 for a further discussion of advisory council composition. • Section 1321.101. Stale agency approval of area agency subgrants or contracts, The NPRNI prohibited Stale agencies from requiring area agencies to submit any proposed subgrants or contracts with public or private non. profit agencies or organizations for prior MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES `101NE5 review or approval. The section, however, required area agencies to submit to the Stale agency for prior approval any proposed contracts with profitmaking organizations. The NPRM permitted the State agency to approve the contracts only if the area agency demonstrated that a profit making organization would provide services clearly superior to available public or private non-profit providers. Some commenters opposed Stale agencies being prohibited from requiring area agencies to submit all subgrants or contracts for prior approval or review, Including those with private non-profit agencies or organizations. Other commenters stated that the NPRM langulige appeared to discriminate against profit making organizations, or that no statutory authority exists to allow Slates to require area agencies to submit any contracts for prior review or approval. Still other commenters felt that private profit making organizations should be prohibited from contracting for services regardless of the quality of their services, because there is no way to effectively monitor private profit ' making organizations. AoA response: Section 213 of the Act requires Slate agencyapproval before a recipient of a grant or contraet`may enter Into an agreement with a profit making organization and requires such organization to demonstrate clear superiority with respect to the quality of services covered by such contract. On the other hand, our policy for some time has clearly supported the authority of the area agency to award grants or ' contracts to public or private nonprofit agencies or organizations without prior State agency review or approval (Program Instruction 77-5). In approving the area plan; the Staleagency. accepts ' the assurances of the area agency that it Is capable of carrying out its responsibilities under the plan. Making grants or entering into contracts is a - normal exercise of area agency responsibility and hence -should not be subject to prior review and approval by the State agency, except as provided under Section 213. Of course, the area agency must monitor contracts with private Profit making organizations in the some manner as other public or private non.profit contractors, and we. expect that it will not enter into - contracts with any organization that it - cannot effectively monitor. Section 1321.103 Direct provision o/ services by State and area agencies. The NPRM separated services provided by Stale and area agencies into two groups, and set forth separate tests for determining when direct provision was aaq 21138 Federal Register / Vol. No. 63 March 31, 1960 / h .a and Regulations necessary to assure an adequate supply. section did so because they favored For services not directly related to the statutory functions of an area agency, the test would have required an area some types of fees or sliding scale for services. agency that was providing the service 'o few commenters recommended allowing before its designation to stop, unless wing service providers to determine Stopping would result in a disru tion of 1f They would provide an me opportunity to contribute. Other comme the service. Many commenters fell that nters expressed area agencies should be more restricted, tea cern that contributions were inappropriateat for certain categories of although many also fell that area Micas. r Agencies should be allowed to provide vo untary contributions youldadd services directly without restriction. Many commenters requested that we burdensome fiscal responsibilities to account for the use of the contributions, define words such as "effectively" and or might adversely affect activities of "efficiently,", which we used In the tests, AOA response: We have carefully the service provider that were offered on a sliding fee scale. reviewed the tests set forth in this section in light of the comments A large number of commenters received, and in light of currently pending litigation involving this issue.. opposed the provision in paragraph (a)(1) relative to giving information on We would like to reemphasize that, under Section 307(x)(10) of the Act, the cost of service. Many felt that Informing an older person about service direct delivery must be the exception, cost constituted an Implied form of rather than the rule. In response to - arguments that our proposed test "no pressure. Others indicated that it was at limes difficult to determine cost for of: certain services on a unit basis, for Other agency can end will effectively example, an I&R call. A large number of provide the service., would authorize the commenters expressed opposition to the area agency to provide services directly limit imposed by paragraph (a)(7) on the whenever it could demonstrate any. -, '•: increase In coat effectiveness, we have revised the.regulations to require the manner in which they had to spend ' contributions. Many indieted.that -- . area agency. to make an Affirmative . showing that It can -will greater flexibility should be permitted In this area. On another point: commenters and provide the. :-Servicesubstantially more effectively : were divided on whether the area Agency And efficiently. We ere. particularly ... ,concerned that agencies orser4lceprovidershould determine how contributions vides were to be not; ` provide directly those services that Are not directly related to their used to Increase service.. AM response: We kept the. -. statutory;.... ' functions. We were'concerned that our "disruption"test for area agencies that requirement in paragraph (a) because we think that a service provider should ` had directly bo required to give an older person the opportunity to designatprovidion wodservices . Inter r t designation loos would o Interpreted toe loosely: Accordingly, to contribute. We agree that .. contributions may not be as likely to be we have eliminated aencie It and are requiring that all arescgenclea most the received for some types of services as for others. We also agree that In some same teals, •.: regafdless of when they propose to provide the service directly. - cases It Is Inappropriate or impractical as ive en older person Information sonpartI for We have also defined effectively for • about the cost of a aervice. Therefore, we removed the requirement purposes of this section as the capacity to provide a defined service; for telling the older person the cost of r and efficiently as the relative tote( cost of • providing dimit of service. the aervice.. r "- -" r We kept the provision of paragraph Section 1321.111 Contributions or services underthe area The NPRM (a)(7) which requires that each service - c to expand t he eoflthe plan. provided that each service provider " must give older information services eser provider under tutions is part and that each nutrition services c person about the cost of the service and must provldor use contributions to Increase rte the number of meals served. We ` . provide each'older person with an :opportunity to contribute freely to part appreciate the desire of some service to providers to have flexibility P or all of the cost of the service. The NORM also provided rules concerning In the use of contributions, but think that so use of contributions, contribution schedules, and a prohibition on denial contributions collected as a result of providing services under this part un of service for failure to contribute. Most of the commenters were pleased with the should be used to expand services for fo older persons, In general, for all services on overall Intent of Isla Section, but many suggested changes. Those commenters except nutrltlon; service Providers have a degree of flexibility within the basic th who opposed the provisions of this rule. Sec lion 3071a)(13)(C) of the Act of requires that all contributions for tti MICROFILMED BY JORM MICROLAB CEDAR RAN DS•0ES 1101111S nutrition services be used to Increase the number of meals served, Section 1321.113 Maintenance of non•Federal support for services. The NPRM required that each service provider under the plan must assure that funds under this part are not used to replace funds from non -Federal sources and must agree to continue or Initiate efforts to obtain funds from other public and private sources for services funded under this part. Most commenters on this section opposed the maintenance - requirement for service providers. Commenters regarded the requirement as: (1) inconsistent with the "voluntary" aspects of contributions from non. Federal sources, (2) as forcing "over matching', (3) an area agency' responsibility, not the service provider's; (4) unable to be implemented because most service providers do not have control over funding levels in the _ community; and (5) a disincentive to obtaining additional funds from local organizations. AoA response: Section 300(a)(1) of the Actrequires the area agency to develop _ a comprehensive and coordinated service•dellvery system that the most efficient use of social and nutrition services in meeting the needs of older persons and uses available resources efficiently and with a, minimum of duplication. We think that these provisions give us the necessary authority to require service providers under this part to actively cooperate in the development of the and coordinated service deliveryensive system. We think the efforts of the area agency to develop a comprehensive and coordinated service delivery system would be seriously Impeded if service P could subsdtule Title III funds for other resource already available for 1 services to older persons, or if service P were permitted to be passive eclplents of Title 111 funds with no esponsibillly to seek additional esources for the system's development. While we recognize that providers enol require voluntary organizations o contribute, we think that providers an take steps to ensure that support hat they previously obtained Isnot moved; and we think It appropriate require area agguncles to use only , ovlders that take these steps, Secllon 1321.115 Advisoryrole to . rvice providers of olderporsons. The PRM required each service provider der the area plan to have procedures r obtaining the views of participants the services they receive.' The majority of commenters endorsed a concept, but suggested strengthening I language, Several commenters aught this responsibility should be Federal Register Vol. 45, No. 83 / handled at the area agency level, through strengthening and using existi area advisory councils. A number of commenters spoke of the need to link this process with the area advisory councils. Some other commenters cell for reinstatement of the earlier requirement for a nutrition project council, and suggested that membersht of persons knowledgeable In nutrition should be mandated on such councils. few commenters questioned the legal basis for requiring service providers to obtain the views of participants. AOA response. We retained the section unchanged. We think the area agency In Its relations with service Providers can assure appropriate ways to link this means of obtaining participants'views with the area ager advisory council. The Act permits, but does not require, nutrition project councils. We think therefore, that this matter Is best left to local determination We are imposing only a very general requirement, and the provider has broad discretion In deciding how to satisfy it. . We do not believe our requirement Is burdensome, and believe that the Act's repeated emphasis on soliciting the views of older persons, and tailoring services to meet their needs, provides adequate authority for our requirement. Section 1321.121 Multipurpose seniotcenters. This section in tha,NPRM specified: (a) the purpose for which senior center awards may be granted, Including alteration, leasing, renovation, acquisition, or construction of a facility, and costs of professional and technical Personnel, (b) definitions of selected terns, and (c) general requirements for awards, including type of agency, minimum service requirements, and a Preference for community focal points. Some commenters criticized the requirement that rented facilities must be leased for at least 10 years because it would not allow for relocation to more desirable facilities. Other commenters requested the addition of other necessary operating costs beyond the cost of professional and technical Personnel as allowable costs. Some commenters opposed the restriction In the definitions of "altering" or "renovating" on expansion of facilities for not more than twice the square footage of the original facility. Most commenters generally objected to the minimum service requirements as loo restrictive and Inflexible, unrealistic In rural areas, and requiring a heavy burden of additional funding for both existing and now centers. Some objected specifically to the requirement of at least 45 hours of access per week, reeling that operating hours should be mtlocally, based on local needs. Others March 31, 1980 / Rules and objected to the rule that centers provide ng services in the home and In care - providing facilities. There was mixed opinion on the requirement for giving preference to community focal points ed when funding multipurpose senior centers. Also, some commenters objected to the discrepancy between the p number of requirements of community focal points and the greater number for A seniorcentdrs. ' Ao.4 response: The 10 -year restriction for leasing facilities was a carryover from previous regulations when short- term leasing was not an allowable cost. This restriction to no longer applicable and has been dropped. (We have kept the statutory definition of acquiring as Including leasing for 10 years or more.) cy We have concluded that Section 321(b)(2) of the Act does not authorize Payment for operating coals other than personnel, and have accordingly not . . accepted the comment that other operating costs be supported. - The restriction on expansion of facilities was a carryover from previous regulations, when new construction was not authorized and expansion beyond twice the original square footage was considered equivalent to new construction. Because the Act now contains authority rot new construction, the restriction on expansion Is no longer applicable and has been deleted. We agree that the minimum service requirements may have been too burdensome, and have deleted these requirements. The final regulation - simply provides, as does Section 321(b) of the Act that multipurpose senior center awards are to be for senior - centers which are community facilities, or mobile units; that provide a broad spectrum of services. including health, social, nutritional, educational, and recreational services, and that a multipurpose senior center program will be operated In the facility. Section 1321.23 Health, safety, and construction requirements. The NPRM required that a recipient of any award of senior center activities must comply with all applicable State and local health, Bre, safety, building, zoning and sanitation laws, ordinances or codes. The NPRM also contained specific r requirements concerning Life Safety, r Architectural Barriers and consultation r with the Department of Housing and r Urban Development (HUD), o Comments on this section were primarily directed to paragraph (b) Life Safety, and paragraph (c) HUD t Consultation. A number of commenters noted that paragraph (b) appeared to c repeat the general provisions in paragraph (a) and suggested deletion of 1 paragraph (b). Many commenters ¢ opposed the requirements for smoke detectors In paragraph (bJ(2) because of the cost involved in installing smoke detectors. A large number of commenters opposed paragraph (c) because they thought It would be time consuming, impractical or unnecessary If other provisions were meC The Department of Housing and Urban Development (HUD) requested that the arrangement worked out with AoA relative to the former Title V be retained, namely, that technical adequacy be determined by assuring compliance with appropriate Slate or local laws, ordinances or codes; or, if these were absent, with internationally recognized codes. Aat response: We agree that the requirements for compliance with both Slate and local codes and the Life Safety Code may be redundant in some States. We considered the comments that indicated paragraph (b) might - . duplicate provisions of paragraph (a), and In general agree with the comments. However, we are concerned that in some Instances the existing Slate or loeaI life and safety laws, ordinances, or codes maybe inadequate. Therefore, we revised paragraph (b) to place the responsibility on the State agency to determine whether existing codes are adequate and, if necessary, to require compliance with the Life Safety Code. In response to objections we revised . this section to require the installation of an adequate momber of smoke detectors. In senior center facilities only if in the Judgement of the Stale agency existing fire and safely laws are Inadequate to protect the health and safety of. Participants. There Is a growing national recognition of the value of such devices which motivated us to require their use. State or local fire department authorities may determine the number of smoke detectors. required for a senior center. The NPRM applied the requirements - of the Architectural Barriers Act only to construction of senior centers facilities, Section 307(x)(14) of the Act applies the P of the Architectural Barriers Act to the acquisition, alteration or ' onovation of existing facilities. We ovised the regulation to accurately elect the language of the Act, In ' esponse to comment of the Department f Housing and Urban Development HUD), we included the provisions which appeared in the regulations for ha former Title V. namely, that States may satisfy the requirement for HUDonsultatlon by assuring compliance with appropriate Slate building codes; or In MICROFILMED By JORM MICROLAB CEDAR RAP IDS -DIS 10IAIS the absence of such codes with other enerally nccepled building codes. 21139 =! MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 21140 Federal Register / Vol. 6, No. 03 / Monday, March 31, 1900 / Rules and Regulations Therefore, Slate agencies will not have on the use of a Facility funded under this cases where the facility Is shared by to consult with HUD directly. part for sectarian Instruction or religious other age groups. Section 1321.133 Special conditions - for acquiring by purchase or worship. The NPRM provided that a recipient AoA response., We interpret the term funds In accordance with 45 CFR Part constructing a facility. The NPRM required the area-agencytoobtain the of an award for a facility to be used as a multipurpose senior center must assure 74—Administration of Cronts to include third party in-kind contributions. The approval of the State agency before . making an award for construction of a that the facility will not be used for requirement applying to shared facilities facility, and provided that the Stale sectarian instruction or for religious worship. was intended to assure that funds under this part will be used only to serve older agency could approve construction of a facility only If there was no other Many commenters thought the proposed rule was unfair or unrealistic. persons. Section 1321.141 Nutrition services. suitable facility to serve as a focal point in the community. The NPRM also One commenter pointed out that Section 1321.143 Selection of provided that the area agency could - religious organizations often permit service providers to use their facilities nutrition services providers. Section 1321.145 Special make an award for the acquisition of a facility only if no suitable facility was for senior activities funded under the requirements for nutrition services ' available to lease.. The majority of comments received on Act. Another asserted that the White House Conference on Aging identifies spiritual well-being as an essential providers. Section 1321.147 Food requirements for nutrition services providers. The this section were directed at paragraph (b) which suggested that only facilities concern for the aging. Others were concerned that theNPRM language NPRM set forth nutrition services requirements In several sections. that can be considered as focal points are eligible for construction funds. All prohibited religious activities in any center funded under the Act, or that it Section 1321.141 proposed general provider selection requirements; commenters suggested that focal points ' - be deleted and senior centerbe - . interfered with local control 11321.143 proposed Food requirements; 11321.145 proposed special substituted to assure all senior centers are eligible for construction funds. most AcA response: Section 307(a)(14)(A)(Ivj of the Act requires requirements for congregate nutrition services; § 1321.147 'commenters pointed out the lack of • . p -assurance that a senior center ecqulred, renovated, altered, or constructed with proposed requirements for home -delivered'.. - • funding. support for any restriction on funding. _. _ ;-. '- funds under this art will not be used for services. We have combined in these final regulations many of the .. Other commenters indicated that they did not find any statutory support for. sectarian Instruction or a place for religious worship: We have redraftedrequirements contained in the NPRM: but have substantially revised the order the requirement in paragraph (a) that the areae enc must obtain. State a enc g y 8 y the language of this section to conform more closely lo, the statutory language. . In which subjects are treated. 1. Awards forhome-deliveredmeals. approval before making's construction award, Some commenters thought that This statutory prohibition is similar to . those contained in other Federal Amajor issue in the development of these regulations was whether an area .. paragraph (a) was in conflict with - § 1321.101(a). - - • statutes authorizing grants for • construction. it Is designed to ensure agency could make an award for• nutrition services to a a did AoA response: We prnposed the that that constitutional prohibition P pro gr not provide meals in a congregate ate- ' reslriclion In the NPRM on construction because of the language In Section _. against Federal establishment of religion Is not violated. We, want to emphasize . setting, The 1978 amendments for the first time provide a separate ' 307(a)(141 of the Act which requires a • prior determination by the Slate agency that this prohibition is required by statute, but that it does not preclude the authorization for home delivered meals, and the legislative history of the that there are no suitable structures available to be focal We (I() not use of religiously owned facilities for the delivery of services under the Act. - amendments Indicates that Congress point. think that this statutory requirement. Also, we want to emphasize, that this was concerned to establish an Independent and viable home -delivered limits the use of construction funds to ' provision should not be Interpreted to meals program while retaining the focal point facilities, but we do think it interfere with an older person's right to traditional emphasis on congregate prevents construction when facilities free exercise of religion, as long as that services. - - suitable for.,focal points are available. exercise does not interfere with the Section 307(a)(13)(D) of the Act Accordingly, we have, kept the rights of others, provides that each nutrition project will requirement. We have also kept the Section 1321.135 Funding and use provide meals In a'congregate setting. statutory requirement for Stale agency requirement. This section of the NPRM Existing Title VII. regulations require approval for construction awards, required a recipient wldch received an that there be a single recipient of a grant Paragraph (a) of Ihie'secllon is not In award for the purpose of altering, - or contract for a nutrition project in a conflict with. 11321.101(a). Paragraph (a) renovating, acquiring or constructing a project area. Under this single recipient of this section simply requires the area facility for use as a multipurpose senior requirement, the Title VII nutrition . -. agency to obtain Stale agency .. center to assure the availability of. project came to be Identified with the permission to make a construction sufficient funds both to meet the non• provider receiving the award from the award, based on the State agency's , . Federal share of the award, and to Slate or area agency to provide nutrition finding, as. provided In paragraph (b), effectively use the facility as a •. services. We accordingly concluded in that there are no other suitable facilities, multipurpose senior center. the NPRM, that except in those Paragraph (a) does not imply that the Most commenters recommended that Instances In which the area agency _Stale agency may determine to whom the award is made, or may exercise the term "funds" specifically Include "In-kind" contributions such as could directly provide nutrition services as an exception to the restrictions of prior review or approval of the specific maintenance, staff services and other 41321.103, It would be required to award.. operating costs. A number of subgrant or contract for nutrition ' Section 1321.133. Prohibition on commenters asked for clarification of or eervlcea onlyto service providers that . sectarian use of b facflily. Most commenters objected to this prohibition [he statement that a proportionate share of the cost of the facility be provided In all the statutory requirements for a . project, Including the provision of meals MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES -, Federal Register t Vol. 45, No. 63 in a congregate setting. Section 307(a)(13)(H) of the Act requires the area agency, if feasible, to give consideration to existing home. delivered meals organizations. In ord to ensure that this requirement was we proposed to require a nutrition services provider to purchase meals from any such existing qualified . organization. We received many comments whit urged us to adopt an Interpretation Ih would avoid Imposing an additional administrative layer between area agencies and home -delivered meals organizations, and would allow area agencies maximum flexibility to Implement nutrition services programs . within their planning and service area We also -received some comments in thaof t alllnutritiour n funds (lased w throughtth congregate provider. Those in support this requirement felt it would promote consistent service to the same participants, reduce the chance for duplication, and ensure that congregate providers which had been providing . home -delivered meals under Title VII wouldhe able to continue to dose. AoAresponse: We have thoroughly reviewed this issue and have concluded .that we can Interpret that statutory .'_ requirements in a way that would perms the areaagencybroader flexibility in _. implementing the new nutrition program would give both existing congregate and home -delivered meals providers the preference that Section 307(a)(13)(H) of the Act and Section 501(b) of the amendments require, and would still be consistent with the congregate requirement of Section 307(a)(13)(B). Except for the purposes of Section 501(b), we have decided to consider a nutrition project as the nutrition Program operated by the area agency. We have decided to relax the single . recipient requirement and to allow the area agency to make as many awards for nutrition services under Its nutrition program as It chooses, provided that the alatulory requirements fofnutrilton projects are met, -The regulations retain In 11321.143 the special definition of "nutrition project'" for Purposes of section 501(b). Under our revised Interpretation, an area agency could fund home -delivered meals providers direct] yy as long as congregate meals'are a]so provided. We are placing on the area agency the Initial responsibility for making [he. of need for home-deliveiate red ed meals, and extenton of the for deciding whether. those meals should - be provided by.an existing home. delivered meals organization, a - congregate provider that was not March 31, 1980. Rules and Regulations 21141 providing home -delivered meals under 63 of the Conference Report, we the former Title VII, or some met, h of s. e of new provider. concluded that Congress intended to protect the minimum funding base of Under § 1321.143(6)(3), an area agency these projects under Section 5oi(b). of may not discontinue funding for home- However, we do not think that the delivered meals to a provider that was nutrition project protected by Section 501(b) of the amendments and a provision of support services that cannot be funded under Title 111-C falls was providing home -delivered meals on September 30, 1978, unless the State within the protection of Section 501(6). That section provided that a protected agency determines after a hearing if requested, under § 1321.51 that the project must continue to receive funds under Title III -C. Under Section ' project is no longer Providinghome- delivered meals with demontrated ) of the Ace, a State may use not more than 2forsupportivercent of effectiveness. 2. Protected projects under Section 111-C allotment e serts vices during Federal fiscal years 1979 and 507(6) of the amendments. We proposed In § 1321.141(6)(2) of the NPRM to 1980 only. Beginning with fiscal year 1981, all supportive services must be require the area agency to award funds to a nutrition project that funded under Title 111-B using the State's social services allotment or from other was receiving sources. Since supportive services will . funds under the former Title lion not be funded under Title III -C, (hey are September 30, 1978, unless the Stale agencydatermined pursuant to a hearing that the project no longer frenot protected under Section a to a . An area agencycourse,Is. of to met Federal requirements or has not carried out nutrition service activities Title 111-B for service to any protected project. We have, with demonstrated effectiveness. however, Included outreach among the i We defined project for purposes of this section as "the recipient of a. nutrilton.services that may be funded ! under Title III -C. Since Section, i' subgrant or contract to provide nutrition services, other than the area agency, 307(a)(13)(E) makes outreach a required activity for each nutrition project, we think that It Is appropriate that outreach - which met the requirements for a project be funded using nutrition funds. - specified In the former Title VII �Uto:. t regulations.,,, A number of commenters requested We have left to the Slate agency decision concerning the establishment of that we clarify the types of services that 'protected projects be allowed to. criteria for demonstrated effectiveness. - If the State agency wants to'share this. Provide: Some commenters also asked . responsibility with the area agency, it . may, of course, do us to specify who "seta criteriafor3. demonstrated effectiveness." so: Eligibiftly requirements. The NPRM Commenters were also concerned that Projects providing home -delivered .provided that a person age 60 or older, ' and a $pause regardless of age, were meals be allowed to continue, and that we eligible to receive nutrition services. and ' home -delivered meals, If homebound. require that area agencies to allow projects to provide supportive services ,Several commenters recommended that eligibility be restricted to as well. Some commenters Indicated that the responsibilities of the those ". , with greatest social or economic area agency to the "grandfathered" projects was not clear. A few commenters need." Other noted that the age criteria should be lowered or eliminated for suggested that the "grandfathered" projects should receive funding minorities because of a shorter life expectancy; and that Physically or at the same level as they received on September 30, 1970. mentally handicapped persons should not be required to meal the age criteria.- AM response: As indicated above, A number of commenters also expressed we have provided In the final regulations for the protection the some concern about non -elderly spouses of homebound older persona being, of provision of home -delivered meals. We have also provided that, at a minimum, eligible for home -delivered meals. - ' AM Fesponse:-We provided that the the area agency must make awards to "grandfathered tin spouse of an older person would be eligible to receive a home -delivered' amount of the awards effect on the September 30, 1978 for those nterest of lhe� homebound older meal It that "is In person'.' beat iWe think this services that may presently be funded under Tille III Part C. We did not is an appropriate standard because the statute generally conditions a spouse's address this issue of the leve( of funding for oligibll..y or nutrition services on whether the older person meets However,hwecdld receive commentects" In [he criteria, and that therefore a ers on this matter. In reviewing the legislative history, particularly the discussion spouse's eligibility for home -delivered meals should be based on the need of ' on p, the homebound older person for the MICROf ILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 21142 Federal Register / Vol. 45, No. 63 / Monday, March 31, 1880 / Rules and Regulations spouse to be there. Wedid not otherwise change the participant eligibility criteria to respond to comments of lower age, particularly for the non -elderly handicapped because the Act clearly restricts participation to all Individuals 60 or older and their spouses. 4. Type and frequency of meals served. We proposed In the NPRM that home -delivered meals must be available seven days a week and that the provide have the capacity to deliver meals in a weather related emergency. We also proposed 0rat congregate sites serve meals five or more days per week at a site that was preferably within walking distance to the majority of eligible reciplen la' residences. We received a number of comments on the issue of the frequency of serving congregate meals. Commenters from rural areas provided the major portion of comments, voicing'concern about whether rural sites may have to close because they are unable to provide services five days or more per week. A - few commenters indicated a belief that all congregate Bites should provide Meals at least five days per week. Anumber of commenters questioned t. the seven day requirement for home• delivered meals. Some cited the lack of alatulory authority of this requirement. , others cited the financial burden this - would create: Many commenters' ' supported the principle of this , requirement, but thought it should be a goal rather than a requirement Others thought if individuals are in need of home -delivered meals, they generally,. need them seven days a week. Some commenters questioned our requirement for delivery during a weather related emergency. AoA nesponse, In response to comments, we added the words "where feasible and appropriate" to the requirement for delivery of meals during a weather related emergency. We modified the requirement on locating nutrition services within walking distance of participants, to. read "if possible." This modification was made primarily in response to concerns of rural residents. . We limited the requirement for frequency of home•dellLered meals to five days a week. We strongly encourage service providers to make provision for meals seven days a week if needed. With respect to congregate meals, the requirement in 4 Ig21.145 a"" is that each congregate provider provide'meals in a congregate selling five or more days a week. This requirement does not apply to each congregate site. 5. Homebound persons in jeopardy, The NPRM proposed to require notification to the area agency of any condition which placed an older person In jeopardy. Some commenters thought that at times referral to some other agency would be more appropriate. AoA response, We revised the language to allow an older person or his or her representative to consent that dangerous situations be brought to the r attention of "appropriate officials" rather than requiring, as the NPRM did, that the area agency be informed. B. Assessment of need. Several commenters commented on the proposed process for assessment of need for home -delivered meals. There are differences of opinion as to.whelher both the area agency and the service provider should determine the need. We have retained In these final regulations the requirement that the area agency assessneed initially for the PSA, and make Ito awards based on that assessment. We are also requiring all nutrition service providers to make their i own individual determinations of need for the Individual participants they - serve, The NPRM provided that a nutrition services provider must provide special meals to meet the particular health, religious or ethnic dietary needs of participants, unless the area agency exempted the provider. Communists offered a number of Items on paragraph . (b) on the provision of special meals. Many commenters though that the NPRM was too rigid and without statutory basis. Nearly half of the -. commenters supported the principle of providing special meals, but thought it should be a goal rather than a requirement. Most commenters recommended that the pest practice be ' retained: that Is, special meals should be provided where feasible and appropriate. The major reason for opposing the requirement was the cost, with the potential for adversely effecting the number of persons now served by the program. Others indicated that some communities lacked the skill or the food materials necessary to provide this kind of service. This paragraph also gave rise to a number of comments on our proposed requirement for the provision of appropriate food containers and utensils for blind and handicapped participants. Others indicated that not every site needs such equipment. We received a number of comments about our proposed requirement that providers accept and use any of the USDA food mnde available by the State agency. The objections focused on the term any since some USDA foods are MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•OCS MOINES apparently unacceptable to participants. and projects cannot always use the food within a reasonable period of time, AoA response. In view of the volume and content of comments received on special meals, we revised our requirement, We inserted the statutory phrase "where feasible and appropriate" in this requirement. We Incorporated criteria to assist in the determination of what is "feasible and appropriate." In response to concern raised about expertise necessary to provide health related menus, we note that in some cases, nutrition service providers may be able to meet the requirements for therapeutic menus by following e physican's prescribed diet. However, we concluded that generally nutrition service providers should not be expected to provide therapeutic menus, especially since we generally provide only one meal a day and are unable to control eating habits the remainder of the time. It is possible for us to provide simple, modified meals such as low calorie, low-fat, or low carbohydrate diets, but generally, older persons requiring a very strict dietary regime as prescribed by their physician should be referred to the medical profession for management of dietary needs arising from serious medical problems. We revised the, requirement for special utensils for the handicapped so that the provider need only have these available on request. This change makes the provision of special equipment permissive no needed by participants, We substituted the word "appropriate" USDA food for the word "any". We leave to the judgment of the State agency what food is appropriate. Section 1321.151 Legal services. (Section 1321.161 in NPRM) The NPRM would have (a) authorized area agencies to award social services funds for legal services, but required that these services be in addition to leagal services already being provided; (b) dented legal services; and (c) specified various conditions that legal service providers must meet Commenters made the following major comments regarding the provisions for legal services: (1) The definition of legal services should be expanded to Include specific types of services. The advocacy role of legal service providers should be clarified in relation to the similar role of other components of the aging network. (2) The standards for selecting a Iegnl eervice provider are Insufficient. A number of criteria were suggested for Inclusion. (3) Several commenters suggested additional conditions which legal service providers must meet, Federal Register / Vol. 45 No. 63 / Monday, March 31, 198U / Rules and Regulations 21143 Several urged that legal services should not be provided in fee generating cases unless adequate representation is not available from private attorneys. The commenters felt that such a restriction would help to assure the cooperation of the private bar, and would lessen competition between the bar and the legal service providers. (4) The majority of commenters on the Issue thought that it was necessary to include a provision for means testing for legal services in order to target these services to elderly persons in greatest need. These commenters felt that means testing, or some consideration of income and resources, might also be necessary for advising clients on eligibility for public benefits, for referring clients to other service providers with means tests, for auditing and reimbursement purposes, and for avoiding conflict with the private bar over providing free services to those who can afford to pay for private. counsel. Commenters were also concerned that our provisions for voluntary contributions might result In fee generating.eases,being accepted by providers under this part. Other , commenters advocated a eliding fee schedule. (5) Commenters also raised the issue of legal services providers' ethical obligations to protect the . confidence and secrets of their cllents. One commenter commented that legal services provider should be required to give Information on individual clients served. (6) Finally, a number of ' commenters wanted clarification of the role of Legal Services Corporation grantees under this part. AoA response: (1) We revised the language of this section to emphasize the role of legal services in helping older persons secure their rights, benefits and entitlements and to assist them in achiovirig the objectives of the Act. We have limited the definition of legal services to that contained in the Act and have left to Slate and area agencies decisions regarding the specific services they will fund ns legal services. However, we have added a new provision which permits legal service providers, with the approval of the area agency, to establish case priorities and to consider the availability of staff resources in deciding the extent of representation to provide. (2) We agree with the comments that we should specify service standards for legal services and have selected several from the ones suggested. The final regulations Include standards for staff expertise in legal matters concerning . older persona, capacity to provide effective representation, capacity to support advocacy efforts, capacity for service delivery to Institutionalized, isolated, and home -bound Individuals; convenience and accessibility of offices and/or outreach sites, and capacity to provide services in a cost effective " manner. (3) In response to comments, we have specified In the final regulations that legal services may not be funded for fee - generating cases unless adequate representation from private attorneys is unavailable; and that providers may not engage in lobbying or voter registration activity. We do not think that our voluntary contributions policy will encourage providers to accept cases that are likely to result in the generation of fees. We strongly believe that contributions should be voluntary, and have accordingly rejected any suggestions for mandatory fee schedules. (4) We added a new provision to permit legal services providers to inquire about income related information when the reason is to advise an older person of public benefits to which he or she may be entitled, or to otherwise assist in advising or representing the person. We have. reaffirmed the prohibition on means testing for legal services: The Issue of means testing is one of the most difficult ones that we faced In the area of legal services. On the one hand, means testing, or some consideration of income In the decision of the scope and extent of representation to provide, seems more appropriate here than for other services. On the other hand, the strongest legislative history against means testing Is the discussion on legal services in the Conference Report on the. amendments cited In the NPRM. We recognized in the NPRM that some consideration of income might be necessary in the provision of legal services, notwithstanding the report longudge, and Invited comment on this issue. We concluded from the comments that consideration of income would be appropriate if necessary to give legal advice, but that using a person's income and resources to determine the scope and extent of representation, while perhaps desirable to many, did not seem essential to provide legal services, and seemed contrary to the legislative history. We recognize that In repeatedly staling that programs under the Act were not to be subject to means testing. Congress did not define means testing, or give as much guidance to define it. We considered comments that using a person's Income to determine the scope and extant of representation was not the kind of means testing Congress Intended MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -01S :401MES to prohibit, as long as the provider did not use a person's Income to deny services altogether. However, we were not convinced that explicitly limiting representation solely on the basis of an older person's Income or resources was in practical teams sufficiently different from denying that person services altogether. (5) We considered imposing a special confidentiality requirement for legal services providers, but decided to rely on the general confidentiality and ' . disclosure provisions in Section 1321.16. We expect that State and area agencies will work out with legal services providers' arrangements that meet both" the providers' need to meet their ethical obligations and theagenc(es' monitoring: requirements. For example, a procedure. that has worked well is the use of an independent auditor, hired by the provider, and approved by the, _ monitoring agencies. - ress legal services unds clear er this ded part to be closely coordinated with services.;..'e -,...: provided under the Legal Services: Corporation Act. These regulations - provide for that coordination, without requiring a preference for Legal Services Corporation grantees. Section. 1321.151_. Information and referral services. (Section 1321.171 in: NPRM). This section of the NPRM required the area plan to provide for Information and referral services by trained paid and volunteer staff, and provided for collection and disclosure of. . information,_ Comments focused ori three issues: (1) " the definition in the NPRM of,, Information and referral service as a location, (2) our use of the phrase "trained paid and volunteer staff,' and efamily member ldisclthe osure losure offor senl by. information about an older person. " AoA response: (1) We have deleted .. the term "location". from the definition of information and referral service, and have clarified that these services are those that are designed to link older persons with the other service's and .. information that they need, (2) We have revised the staffing requirement to eliminate any distinctions between paid and volunteer staff, and have simply required that the service provider . employ a specially trained staff. (3) We agree with the commenters that our regulations should not authorize a family member to consent to disclosure - of Information about an older person unless the family member Is the person's legal representative, and have revised the regulations accordingly. Section 1321.171 Transportation agreements. (Section 1321.183 in NPRM.) aa9 21144 Federal Vol. 95, No. 03 / Monday, March 31, 1900 / Rules and This section provides that area agent may enter Into agreements with agencies which administer programs under the Rehabilitation Act of 1973 a Titles XIX and XX of the Social Secud Act to meet the common transportatio needs of service participants under these programs. The two major issues raised by commenters were: (1) wheth area agencies should be required, rath than allowed, to enter into such agreements, and (2) whether agencies administering programs other than the three cited should be authorized partie to these agreements. AoA response: (1) Section 300(c) of t Act provides that area agencies "may" enter into such agreements. We do not have the authority to require such agreements. Moreover, we think the decisions to enter Into such agreements should be left to the discretion of area agencies. (2) Section 300(c) refers only t these three programs. We believe that agreements entered into under the authority of this secllon should be limited to those programs specified In the section, since it permits area agencies to Pool funds under this part without cost allocation. This section , Provides an exception to the restrictions against joint funding that are otherwise applicable to programs under this Act (see Section 211 of the Act and - 1 1321.207 of these regulations). Under these agreements, an area agency may transfer funds to another ngency.to administer. and may pool funds to meet the common need for may services without regard to cost_ allocation.. - - Section 1321.185 Bxpendilums in rural areas. (Section 1321,103 in NPRM.) The NPRM required State agencies to spend in rural areas In each fiscal year at least 105% of the fiscal yenr 1978 expenditures in those areas. The Commissioner could waive this requirement If the Slate demonstrated that service needs were being mel, or that there were so few elderly In rural areas that this requirement was not necessary. The NPRM also act forth three options to define "rural areal' We received many comments an this section. Comments centered on whether the 105% requirement meant funds or services; the State's responsibility in a totally rural State; and what is the Slate's responsibility if the rural factor had been Included in their allocation In mixed areas. Perhaps In part because of the complexity of our first two options, the majority of the comments regarding the definition of rural area favored option three, which allowed the Stale to dovelop Its own definition of rural areas. A numberorcommentera rejected all fes three options, some offering an alternative definition or alternative nd Oneialternalvethe definit�ion asdefinitions. basedon ty the use of Standard Metropolitan n Statistical Areas (SMSA). Comments addressed to the waver provision raised the issue of the or application of the waiver to States with er allocation formulae that meet the intent of this section. AoA response: The three options proposed in this section to define "rural s area" met with many objections regarding their clarity and the he unnecessary difficulties in Implementing there. We decided not to accept the majority opinion on this point, namely, permitting each Slate to at its own definition of rural. We are concerned that we would not be able to effectively monitor implementation of the o requirement under this option, and that some States might not Increase services In rural areas. In response to comments that options one and two were too - complicated we decided to accept e simple definition based on an -alternative definition that was proposed In the comments. We defined "rural area" as any area outside a Standard Metropolitan Statistical Area (SMSA) as .defined by the Department of - Commerce. In PSA's which are not entirely metropolitan or nonmelropolitan under the SMSA definition, State agencies are. required for the purposes of this section to separately account for expenditures In the metropolitan and nonmetropolitan Portions of the PSA. We think this, definition provides a clear and simple definition of rural area. Because It follows the criteria set by the Department of Commerce, it should be easy for States to apply; and at the same time provides us with a basis on which to collect notional data. In response to whether the 105 percent responsibility means funds or services, Section 307(a)(3)(D) of the Act clearly Indicates that the responsibility of the . Slate agency is to spend In each fiscal year an amount equal to not less than "t 105 percent of the amount spent for services under the former TUles 111, V • . . and VII in fiscal year 1978. It Is the amount of funds to be spent which the Act prescribes. The Act is silent on the question of how the requirement applies In a State c that is entirely rural under our g definition. We point out that the lateral s of this provision of the Act is to redirect I a portion of n.Slate's hinds from non. P rural to rural areas of the Slate. If a a Slate is entirely rural, it is neither necessary nor possible to redirect funds at In the manner intended by the Act, in II1CROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES Therefore, this rule does not apply in such a Slate. The rule does, however, apply in any State which -previously had developed an allocation formula that met the intent of this section; namely, a formula that distributed funds in a manner weighted toward rural areas. These States must nevertheless increase their expenditures in rural areas by the required 5 percent. Section 1321,187 Fifty percent priority service requirement. (Section 1321.195 in NPRM.) The NPRM required that each area plan must provide assurances that at least 50 percent of its social services allotment, excluding amounts used for administrallon, will be expended for the provision of; (1) services associated with access to other services; (2) in-home services; and (3) legal services. The NPRM provided that the State agency .might waive this requirement if it determined that the need for any category of services was being met. Most commenters addressed the statement of the general rule contained - In paragraph (a), Some commenters supported the rule as stated in the NPRM. Other commenters recommended that method be developed to determine appropriate and adequate minimum funding levels for, the separate categories of service, particularly for legal services. A number of commenters Indicated that the list of services should be expanded to Include . .additional access services such as case - .. management, escort services, and senior center renovations, and additional in- home services, such as adult day caro, The NPRM would have allowed a State agency to waive.lhe requirement of thio section if the area agency. demonstrates the services provided from other sources meet the needs of older Persons in the planning and service area for the category of service. Many commenters Indicated that standards or criteria should be developed for assessing need and granting waivers to area agencies. One commenter suggested that no waiver be granted unless the area agency demonstrated hat sufficient services are being P throughout the planning and service area to older Individuals Irr economic or social need. Another commenter stated that not less than 10'% of fire area's social service funds should It nwarded to the three required alegorles of services, and that the ranting of a waiver by the Slate agency hould be based ore specific evidence hat adequate services were being rovided In the planning and service rea. AoA response: We considered the eggestion that thesome funds provision the Act be interpreted to specify a Federal Register r .01. 45, No. 63 / Monday, March 31, 19, r Rules and Regulations 21145 minimum amount, or percent, which though many thought the 15 percent must be spent for particular types of limitation was too restrictive. service, such as legal services. However, Commenters suggested that if a we have not accepted this comment. We percentage limitation should be made, believe that the legislative history cited the State agency would be in the best in the NPRM makes clear that Congress position to make such a determination Intended to leave to local option the after consulting the area agencies in the percentages of funds spent on each State. category. Moreover, given the diversity of local circumstances, we believe that AoA response: We do not think the 15 percent limitation outlined in this any national minimum percentages we section Is too restrictive. This provision • could set would be less responsive to ' authorizes Stales to transfer funds up to local needs, and we believe that area this amount without the Commissioner's agencies, which have the statutory case-by-case approval. The section responsibility to develop service further Indicates that Slates may systems within their areas, should transfer larger percentages with the - decide in cooperation with the Slate Commissioner's approval. As we agency the degree to which these indicated In the NPRM, we believe that priority and other services are needed, transfers in excess of 15 percent of a An area agency is required to explain in State's allotment may well Involve a Its plan the methods it uses to set significant change In the way a State's services priorities: Individuals who program Is administered. We also want _ question those priorities will have an to'ensure that a Stale is properly I opportunity during the development of determining the need for each type of the plan to comment on -these. nutrition service before it transfers such We did not expand this list of access substantial amounts. Since any request i and in-home services which can be - for permission to transfer more than 15 considered for purposes of computing t . the 50% requirement. The statute ' percent must be submitted in the Stale plan, there is an adequate opportunity specifies services that are to be :' under the provision of 11321.29 for area considered access or in-home services. The language of the statute Indicates agencies to be consulted concerning this J That Congress Intended this list to be matter. Therefore, we retained the language of the NPRM. exclusive. Furthermore, we believe that . Section 1321.193 Allowable use of area agencies already have sufficient funds ferSiate and area plan flexibility under this section since they administration: (Section 1321.201 in can set the percentage of funds spent on NPRM.) This section of the NPRM each service.' - There were many comments specified allowable use of State - administration funds and set limits on requesting that AoA develop criteria for • the waivers included in 11321.195(b). the use of social and nutrition funds for - area plan administration. All comments We think this Is an appropriate Stale received on this section were directed to agency responsibility. We revised the the language regarding allowable use of regulation to require a Slate to develop. funds for area plan administration. explicit criteria which an area agency. This paragraph Indicated that the must meet to demonstrate, "... that the State Agency may use not more than 8.s services provided from other sources percent of each of its total allotments for . meet the needs of older persons In the social and nutrition services for area -PSA." Section 1321.191 Transfer bebveen plan administration. The majority of commenters who congregate and home -delivered apposed the language In the NPRM nutrition service funds under ilia State believe that, in order to allow greater plan. (Section 1321.199 In the NPRM), The NPRM authorized the State flexibility, the percentage limitation be agency, under the Slate plan, to transfer 15% or should applied to the total of the combined allotments rather than to each less of funds between separate separate allotment. allotments for congregate and home. AoA response:We changed the • delivered meals without the language to this section to rel(d as Commissioner's approval. The approval follows: "The State agency may not of the, Commissioner would be required award more than 8.5 percent of Its - only when a Stale agency wished to combined allotments for social and transfer more than 15% between the nutrition services for area plan separate allotments for congregate and administration." home -delivered nutrition services. The As the explained in the preamble to Commissioner would approve the State the NPRM, we proposed that the agency's request by approving the Slate Statutory 8.5 percent limit on the area plan or plan amendment plan administration be applied The majority of comments gave proportionately to nutrition and social conditional support to the section even Services Iq order to ensure that State MICROFILMED OY JORM MICROLAB CEDAR RAPIDS -DES MOINES agencies distribute administrative costs equitably. We were, however, persuaded by the commenters that Stale agencies needed, and would not abuse, the flexibility of deciding how to allocate administrative costs, and have revised the final regulations accordingly. Section 1321.195 Additional funds far State plan administration. (Section 1321. 203 In NPRbI).The NPRM authorized a State agency to apply to the Commissioner to use not more than % of I percent of its total allotment for social and nutrition services for Slate plan administration and outlined the procedures for these requests. Several commenters recommended requiring a State agency to conduct public hearings regarding the use of additional funds: others strongly opposed the use of services money for State agency administration. AOA response: We considered, bot rejected, the.suggestion that the Stale agency's request under this section be subject to public hearings. In response - to the State plan amendment provisions - In § 1321.27, many commenters ... requested that unnecessary public hearings requirements be eliminated,. Admittedly.the application by a Stale under this section Is not a Slate plan amendment. In fact, Section 300(b)(2)(A) of the Act prohibits an application under '. this provision from being made as part of the State plan. However, we think the ' principle We applied regarding limiting public hearings on the State plan to ' .: , substantial plan changes applies In this Instance. We do not Wink a State's application under this provision-- - substantially affects the operation of • - programs in the State under this part. Therefore, we did not Include a public `. hearing requirement in this section. Section 1321.197 Obligation and reallatment. (Section 1321.205 In NPRM.) This section of the NPRM would have . implemented the provisions of Sections 304(b) and e04(d) of the Act, which require the Commissioner to withhold from a Slate's alloLments, and reallot. amounts he or she determines will not '. be used, or are attributable to Indiana In - the Slate to be served under Title VI. It also would have implemented the statutory provision of Section 300(c), - which authorizes the Commissioner to determine the amounts a Stale will not need for administration, and to approve use of those funds for services. Most commenters obiected to our suggestion in We preamble that we might use the authority provided under Section 304(b) to reduce the allotted - - funds to Slates that have large - unliquidaled balances, without obtaining the Slates'consenttothe reductions. At present, we make these �9 21146 Federal Register / Vol. 1.., No. 63 / Monday, March 31, 1980 / Rwrs and Regulations reductions only when Stales consent to Section 1321.199 Federal financial Section 309(6)(2) of the Act requires them. participation. (Section 1321.207 in that funds required to meet the non - Some commenters felt that our NPRM) This section specified the Federal share required by Section proposal might place some Stales in the proportions of administrative and 304(d)(1)(0), in amounts exceeding the position to making costly, III planned service costs Incurred by State and area non -Federal share required prior to expenditures. Other expressed concern agencies which may be paid from Slate Fiscal Year 1981, shall be mel from State that consideration would not be given to allotments. Many commenters resources. The 5 percent Increase in Slates' funding cycles where they do not questioned the provision which non -Federal share must be provided by coincide with the Federal fiscal year. specified that a State agency may not the Slate Itself. This 5 percent must. A few commenters stated there should use not more than 8.5 percent of "each therefore, be in the form of allowable be a hearing before funds are of its allotments for social and nutrition costs. deobligated from a Slate; reasonable services" to pay not more than 75 Section 1321.205 State agency notice should be given; Governors and percent of the costs of area plan maintenance of effort. (Section 1321.211 Congressional delegations would need administration, The commenters in NPRM.) This section of the NPRM to be notified; and that area agencies requested that the 8.5 percent figure be would have implemented Section 309(c) should be given the opportunity to applied to the total of the allotments for of the Act, which provides that a State's utilize funds before they are deobligated social and nutrition services, rather than allotment shall be reduced by the from a State. each of these allotments Individually, percentage by which Its expenditures Commenters opposed the reduction of Other commenters took exception to under its plan are less than such a State's allotment based on Indians language which accurately reflected expenditures for the preceding fiscal service under Title VI grants. statutory provisions of the Act, year. Commenters also though that the Slate AoA response: As discussed under Commenters either completely :- agency, not the Commissioner, should 11321.193 above, we have modified this opposed this section or requested have the authority to approve the use of section so that the 8.5 percent figure will modification. Those opposed felt that - State's administrative allotment for be applied to the total of a State's the section worked against coordination services.- combined allotments for socia( and and cooperation with other Slate - - AoA response: We'beifove that many nutrition services. - -. - agencies in receiving Slate funds to - commenters were unaware that the - Section 1321.201 Non -Federal share support programs for older persons. Most commenters requesting, . bestgprovisions of this section are token from the Act. Section 3041b) or the requirements. (Section 1321.209 In NPRM.) This section of the NPRM modification of the section indicated , Act provides that whenever the - specified the rules for the required non- they though It was too restrictive and would serve as disincentive to receiving Commissioner delerminei that any amount allotted to a Siete under Title 111 Federal share of the costs of administration and services under this additional Slate funds. Commenters said -Part H or C for a fiscal year will not be part. It set forth the general rule that the e! it would particularly penalize the use use of one time montes for research, used by the State for carrying out the purposes for which the allotment was non -Federal share could be met either by allowable cost or third-party in-kind de monstration, evaluation, construction made, the Commissioner makes the contributions, and set forth the two or alert up purposes if she t o1'ho ae ce of effartprov181 to those unused funds available to other Slates, statutory exceptions to that rule: 25 tipurposapplie funds. es few multipurpose t le ". Section 004(d) of the Act provides that - whenever the Commissioner approves percent of the non -Federal share must be met from Stale or local public Se agencies responded that as written, an application under Title VI, he or she sources; and the additional percent maintenance of effort woo uld apply to oil funds that the seaway ed, and • withholds from the allotment of the non -Federal share required after the ed under not just to those awarded under this this appropriate State made under Section Federal Fiscal Year 1980 could be mel part' .. 304 an amount attributable to the ' Indians to he served under Title VI who only from State sources.. Most commenters wanted clarification , AoA response: We do not think thee' this statutory was Intended were also counted for the purpose of the of this section, particularly with respect to penalize States to State that dC Title III allotment. These regulations to the allowable use of in-kind Increase their expendituresfr m from Slate simply reiterate these statutory contributions. � � sources under the plan, or to experiment ' the pla,or provisions. ` AoA response: We agree that the with special demonstration projects. ..We recognize that most States were NPRM provisions may have been Although the legislative history of this '. concerned about our proposed - confusing, particularly with respect to Is flat helpful, the provision Involuntary allotment when the the allowability of third-party In-kind ,provision appears Intended to ensure that States Commissioner determined that a Slate - contributions. The first 75 percent of the not use Federal dollars to substitute for has excessive unliquidated obligallons,�' matching requirements may be met by State dollars, and that States maintain Accordingly, we have decided to either allowable costs of the Stale and . their commitments to supporting continue our present practice of any subgranlees, or any third-party In- programs under the Acta' ' reallofting under this authority only kind contributions. We have revised this section of the those funds that the State agency Section 3o9(b)(1) of the Act requires final regulations to reflect what'we think - chooses to make available: Wo are regiired by statute to make the that for each fiscal year, not less than 25 percent of the non -Federal share of the is the Intent of this statutory' requirement. Under the revised adjustments based on Title VI grants, total expenditures under the Stale plan provision, each State would be required whether or not the Stale consents to the which Is required by Section 304(d) shall to spend In each Federal fiscal year for realloements. We do not think the be mel from funds from State or local -both services and administration the reallolmIat Is properly viewed as a public sources. Accordingly, this some amount of dollars that it spent to penally. l Is rather a provision designed remaining 25 percent may be met only meet minimum Federal requirements for to ensure that States are allotted funds by allowable costs of the Stale and the, both services and administration In the " only for those older persons whom they allowable costs or third-party in-kind previous fiscal year. Our reasoning is 'actually serve. contributions of local public agencies, that expenditures made by a Slate In MCROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES Federal Register / Vol. 45, No. 63 % Monday, March 31 1980 / Rules and Regulations ' 21147 excess of those required to match Federal dollars are not "expenditures h s 2. Part 1321 is revised to read as follows: • under the plan" since they need not be - made in accordance with Federal PART 1321 -GRANTS FOR STATE statutory and regulatory requirements, AND COMMUNITY PROGRAMS ON although we may require that those AGING ' expenditures be described In the plan for informational purposes. Subpart A -Introduction - Our requirement as revised would Sec - - ensure that States kept a basic 1321.1 Basis and purpose of part. commitment to funding programs under 1321.3 Definitions. the Act, but would not penalize States 1321.5 Applicability ofotherregulations. that chose to spend significantly more Subpart B -State Agency Designation, funds on programs for older persons In Organization, and Functions one fiscal year, unless those funds were 1321,11 Designation and functions of the used to match our funds. We recognize Stale agency. " that under our revised Interpretation, 1321.13 Organization of the Slate agency. - 'Some Steles may require local 1321,15 Slate agency administration. subgrantees to assume a greater' 1321.19 Sniffing. . proportion of the matchingrequirement. 9 1321Stat agency inforry end disclosure of State agency information. However, we think that this possible 1321,49 Intrastate funding formula. result is preferable to the reductions that man St t I t d Subpart C -The Stats Plan 132121 Wh i y a as c a me t ey would suffer under a broader interpretation of the at a s tale plan. 1321.23 Duration and format of the Stale maintenance of'efforl base. I plan. .. Seetion1321.207;.'Restrictions on delegations of authority to other_ 1321'25 Content of the Stale plan. 132127 Amendments to the Stale plan. - .. agencies,.(New Section) Inresponse:to - 1321.29 Development and review of the ' Stale plan and plea amendments. comments we received on 11321.171 1321.31 .Submission of the State plan and 'Transportation agreements" we have - Plan amendments to the Commissioner 'added a new 4132I:2071oclarify that 'forapproval.,'• . .- Stale and area agencies -ere precluded ' 1321'33 Approyel or disapproval ore Stale from Joint funding under the Act except P1321.35 .plan and plan amendments.. • , for transportation0.171,r'ec as Zed under How a Slate agency Is notified. wherauthe 4 1326.171, or except Where they are the, 1321.37 Effective dates and expenditures ander an approved State plan or ' lead agencies. The statuteand these amendment.. - regulations require that State and area agencies be the able agencies for Subpart D -State Agency Responsibilities and administering funds under' 1321 Advocacy general.awarding responsibilities:care ' this part. Accordingly, Stale and area 132143 Long-term ombudsman agencies may not delegate this authority program. ; 1321.45 Service delivery systems to another agency. Section 306 of the , -responsibilities: general. Act provides an exception to this .1323.47 Slate advisory council an aging. requirement for transportation. 1321,49 Intrastate funding formula. - . Authority: Title lit or the Older Americans 1321.51. Stale agency hearings. . Act (42 U.S.C, 3021-303 Dan . 1321.53 Designation of planning and service "areas. Federal Domestic Aealelonce Program - ePro Program Numbers: 13.833 Special: Programs for Aging 1321.55 Appeal to the Ccmmissloner. Title III Paris A and B-Cranls on Aging: 1321.57 Interstate planning and service area. 1321.59 - Single Slate planning and service .13,035 Special Programs for Aging Title 111 area. '-Port C -Nutrition Service).-' - . Doled: February's, lose, Subpart E -Area Agency Designation, Robert Bene kt, Organization, Functions ' 'Commissionaron Aging.. 1321.01, Designation end functions of area. ' Approved: February 28,1980• - ' agencies. - 1321,83 "Types of agenctea that maybe an Cesar A. Perales, -,' -. area agency. - AssistantSecrelaryforHuman Deiolopment 1321.65 Organization of the area agency. Scivlces fdclingf.. 1321.67 Area agency procedures. Approved: March 24, 7000. 1321.69 Staffing. .. - Patricia Roberta Yards, Subpart F -The Area Plan Secrolary of 1104111h. Educallon, and Welfare. 1321.71 1Vhat Is an area pian.. ' 1321.73 Duration and formal of the area 45 CFR Chapter XIII Subchapter C is pion. amended as follows:. 1321,75 Comprehensive and coordinated servlca delivery system. _ $ Parts 1320,1324, 1326 [Reserved). 1321.77.. Content of the area plan. 1. Parts 1320,1324 and 1320 are 1321.79 Amendments to the area plan. 1321,01. Revidw of the area plan and vacated and reserved, plan amendments, IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES II01NE5 1321.03 Approval or disapproval of an area plan and plan amendments.. 1321.05 withdrawal of area agency designation and continuity of services. Subpart G -Area Agency Responsiblllles 1321.01 Advocacy responsibilities of Iho area agency. 1321.93 Area agency general planning and management responsibilities. 1321.95 Designation of commualty focal points for service delivery. 1321.97 Area agency advisory council. 1321.99 Coordination with other programs. Subpart H -Service Requirements General Requirements Applicable to All Services - 1321.101 Star Stale agency approval of area ,agency subgranls or contracts. - 1321.103 Direct provision of services by - Stale and area agencies. " 1321.105 Licensure and safety requirements.:' 1321.107 Outreach, training, and coordination requirements." 1321,109 Preference for olderpersonswith .greatest economic or social need. 1321111 Contributions for services under, - the area plan. • 1321.113 Maintenance of non,Federal support for services. - 1321.115 Advisory role to service providers of older persons. . Multipurpose Sector Censers - 1321121 Multipurpose senior centers. .. 1321.123 'fleallh, safely, and construction . requirements 1321.125 Federal laboratandaids 1321.129 Length of use of an acquired or. ' - constructed facility. - 1321.131 Special conditions for acquiring by Purchase or constructing a facility. .- 1321.133 Prohibition on sectarian use of a facility, ', 1321,135 Funding and use requirements 1321137. Recapture of payments far acquired or constructed facilliles. ' Nutrition Services 1321.141 Nutrition services. 1321143 Selection of nutrition services providers, - 1321.145 Special requirements for nutrition services providers. 1321.147 Food requirements for all nutrition services providers. - Legal Services 1321.151 Legal services., Information and Referral Sarvicas 1321,101 Information and referral services. Transportation Services 1321.171 Transportation agreements. Subpart I -Fiscal Requirements 1321.101. Allotments and granas to Slates, 'Service Funding •Requirements 1321.103 Area agency ellolmenle; '- 1321,185 Expenditures in rural ormts. 1321.187. Fifty percent priority service requirements. 1321.100 Long-term care ombudsman program. aa9 ,•, 21148 Federal Register / Vol. 45, No. 63 March 1980 / Rules and Regulations -------------- 1321.191 Transfer between congregate and social and nutrition services under title home -delivered nutrition services funds under the la,use Ill of the Older Americans Ac[, as Alte lowable amended (Act), These for State requirements 132tand area plaaadadnottunoe and area plan adminislrallon. include - 1321.195 Additional funds for Stale plan (1) Designation and responsibilities o 1321197adm1nObligation and reallolmenl. 1321.199 Federal financial participation. Sl(2) State ate and and aarea rea plans and 1321.201 Non-federal share requirement,. 1321.203 Source of non -Federal share. amendments; (3] Services delivery; 1321.205 Stale agency maintenance of effort. (4) Grant awards to Slate agencies; 1321.207 Restriction on delegation of and authority to other agencies. (5) Hearing procedures for State and - . Federal Reviews and Audits W General 1321.213 area agencies, applicants for planning and service area designation, Federal reviews and audile, .1321.215 Types and effects of reviews and end ice p service providers. audits. (b) The requirements of this part are Program end Financial Reviews based on Ube III of the Act. Title til provides for formula grant to State 1321.217 Program and financial reviews. 1321.219 Issues of compliance after review. " agencies on aging under approved Slate plans for the development of . HEW Audil Agency Reviews and Audits comprehensive and coordinated systems 1321.221 . Audit Agency reports, for the delivery to blderpersons of 1321.223 Action after Audit Agency report,. social services, including multipurpose Subpart J -Hearing Procedures for State Agencies enter Each Slate agency designers, and ates plaon nning and service areas in the State, end General Provisions makes a subgrant or contract under an . 132123P.Scope. - - _ approved area plan to one area agency 732t.233::.General rules. In each planning and service area. Area "•Arcingements for Hearing agencies in turns make subgrants or 1321.235 How to request a hearing. . contracts to service providers, ' ,.1321.237*' How request is acknowledged. 1321.239 -.What the hearing issues ere. ¢ 1321.3 Deflnitlons.' "Act" • 4 ,1321.241 Whet the purpose of a hearing Is. .1321243,: presides,: s means the Older Americans Act of 1965 as amended. (42 U.S.C. 3o01 .. .. ,Who .. 1321.245 How to be a party or an amicus .. at, seq.) ..curiae to a hearing,.,.,, - . 1321247. What happens to a petition. Area Agency" means agency. designated by the State agency in e - .. 7321.z4s.: Rights otpartles and amicus planning and service area to develop curiae. and administer the area plan for a Conduct of Clearing ,� . - _ comprehensive and coordinated system 1321.251 Authority of presiding orficer. of services for older persons. 1321.253 Discovery. "Administration on Aging" (AoA) 13212551 How evidence Is handled. �': •, 1321,257 ' What happens to unsponeored means the agency established In the . Office of the Secretary, Department of wriunn materials. 1221.259 What the record Is. Health, Education and Welfare as part of the Office of Human Development " After the Hearing . Services; and which Is charged with the 1321.261 Posthearing briefs; responsibility of administering the 1321.263" Dedelona. �. provlelons of the Act, except for title V. 1321265 When a decision is effective, 1321.207 - How the Stale may appeal.. "Comissioner" means the Commissionnr on Aging of the. - 1321.209. How the Commissioner may reallot •. the Slate's withhold payments. - Administration on Aging. , 8 "Community d Authority: Pub, L 89-73, 79 Stat, 210-220, focal point for service d delivery" menna a place or mobile as amended by Pub. L 90-42, 61 Slat. 106-100; " Pub: L 9I-09, &'t SteCloe-.116; Pub. L 92-z50, urdt a in a community or neighborhood 60 Pub.ILt 93a61;, 00 Slat, 3577-950; Pub. 87 Slat. L94 � � designated by.the area agency for the P collocation and coordination of services 135.09 Slat. 713-726; Pub, Les -470,92 Slat, '" 1513:(42 U.S.C. 3001 at seq.). S delivery to older persons. Comprehensive and coordinated (o Subpart A—Introduction system" means a program at interrelated A :octal and nutrition services designed 9 1321.1 Basis and purpose of part to p meet the needs of older persons in a g planning and service area. (a) This part prescribes requirements Slate agencies must meet to "Department" means the Department al receive greats to develop comprehensive and of Health, Education, end Wolfare, tit "Fiscal Year" means the Federal coordinated systems for the delivery of Fiscal Year. fr FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110PIES "Creates[ economic need" means the t Institution no any eservallon, ursuanl etliemenl fro t need resulting from an income level at or below the poverty threshold established by the Bureau of the Census, _ "Crealest social need" means the need caused by non -economic factors which include physical and mental disabilif tural `or sociall isolation including that e barriers, caused by racial or ethnic status (for example Black; ffispanic, American Indian, and - Aslan American) which restrict an - Individual's ability to perform normal daily tasks or which threaten his or her '"'• �" capacity to live independently. tri} Human services" means social, health or welfare services., "Indian tribal organization" means the recognized governing body of any Indian tribe, or any legally established - organization of Indians which is controlled, sanctioned or chartered by the governing body, "."Indian tribe" means any tribe, band, nation, or other organized group or community of Indians (including any Alaska Native Village or regional village _ corporation as defined in or established under the Alaska Native Claims Settlement Act, P.L. 92-2o3, 85 Stat. OS 8) ,which Is recognized as eligible for the special programs and services provided by the United States to Indians because - of their status as Indians; or, is located on, oq In proximity to a Federalor State reservation or rancheria, "Multipurpose senior center" means a community or neighborhood facility for the organization and provision of a broad spectrum of services Including health, social, nutritional, and educational services; and a facility for recreational and group activities for _ older persons. "Nonprofit" as applied to any agency,.. or organization means an ' agency, Institution or organization - which is owned and operated by one or more corporations or associations with part of the net earnings benefiting. - Privatnshareholder or individual. ' Planning and service area" means a cographic area of a Slate that Is signaled for purposes or planning, ' evelopment, delivery and overall - dmini3Italian of services under an area Ian. Reservation" means any Faderollyor late recognized Indian tribe's pueblo, or colony, Including rotor reservations in Oklahoma, Iaskan Native regions eslablished to the'Alaska Native Claims Act (85 Slat, 688), and Indian lotments. Service provider" means an enllly - at Is awarded a subgrant or contract an area agency to provide services der the area plan, atoll MICROFILMED BY JORM MICROLAB CEDAR RAH DS•DES MOINES Federal Register / Vol, 45, No. 83 / Monday, March 31, 198U t Rules and Regulations 21149 "State" means each of the 50 Slates, (1J An agency whose single purpose is 11321.17 Staffing. _ the District of Columbia, the Virgin to administer programs for older (a) Type of Staff, The State agency, Islands, the Commonwealth of Puerto persons; or single organizational unit, or component Rica, Guam, American Samoa, the Trust (2) A multipurpose agency that unit where one exists, must have a Territory of the Pacific Islands and the administers human services programs in qualified full-time director and an Northern Mariana Islands, the State. Except as provided in adequate number of qualified staff. "Stale Agency" means the single State . paragraphs (6) and (c) of this section, a (b) Staffing plan. The State agency agency designated to develop and multipurpose agency must delegate all must have on file for review a staffing administer the Slate plan and to be the authority and responsibility under this plan that identifies the number and focal point on aging In the State. part to a single organizational unit in the types of staff assigned to carry out Slate "Unit of general purpose local agency. agency responsibilities and functions - • government" means a political (b) The State agency may request a under this part. subdivision of the Slate whose authority waiver of the requirement in paragraph (c) Preference. Subject to merit system '--.`; 'Is general and not limited to only one (aJ(2J of Ihla section tt the Slate requirements, the Slate agency must function or combination of related • agency— - .give preference to hiring to persons age . itiry1 functions; or an Indian -tribal (1) Submits its request as part of Its eo or older. organization. State plan or as a plan amendment; (d) Affirmative action. The Stale (2) Describes Its methods for carrying agency must have affirmative action '. 11321.5 Applicability of other regulations. out Its functions and responsibBities program which complies with the The provisions of the following -under this part; and requirements of 4 900.007 of Title 5 of . regulations apply to all activities under (3) Designates a component unit of the the Code of Federal Regulations. Part this part— State multipurpose agency to plan and 900, Subpart F,Standards for a Merit .. (a) Title 45 of the Code of Federal develop all policy on programs for older System of Personnel Administration. Regulations- persons under this part and to provide a - - 4—Adin Pert 7minlatretion of Grants, .except 74—Aubpardministration - • o visible focal point for advocacy, coordination, monitoring, and evaluation § 1321.19 Confidentiality and disclosure. . of State agency Information, ' Part 80—Nondiscrimination under of programs for older persons within the (a) Confidentiality. (1) The State.. ; Programa Receiving Federal Assistance through the Department of Health, Slate. . -' , (c).The Commissioner approves a agency must have procedures to ensure that no Information about an older. - Education, and Welfare: Effectualton of Title VI of the Civil Rights Act of 1904; - request for a waiver; unless the. Commisalaner finds that the waiver , person, or obtained from an older"- -, - person by service provider or the Slate n Procedure Pari g1—Practice and Procedure for ' adversely affects the ability of the Stole agency to carry out its functions and or area agency, is disclosed by the _ provider or agency in a form that •m. Hearings under Part of Title; Part 84 --Nondiscrimination under Part 0 of this on the responsibilities under this part. - identifies the person without the . '`. Basis of Handicap In Programs and 11321.15 State agency administration. informed consent of the person or of his or her legal representative, unless the „ Activities Receiving or Benefiting from Federal Financial Participation; and (a) General role. The State plan must provide for the use of methods of disclosure is required by court order, 45' CFR 74,24, or for other program Part 90 --Nondiscrimination on the administration which are necessary for monitoring by authorized Federal, State, Basis of Age; and • - the proper and efficient administration or local monitoring agencies.'' ' (b) Title 5 of thaCode of Federal of the plan. The State agency must (2) The State agency must ensure that Regulations, Part g00, Subpart F, administer the plan in accordance with lists of older persons compiled under'. - Standards for o Merit System of all applicable Federal laws and 11321.181 are used solely for the Personnel Administration, regulations, including all requirements purpose of providing services, and only Subpart B -Stats Agency Designation, of this part. (b) State agencypollcies. (1) The State with the Informed consent of each individual on the list. ' Organization, and Functions- agency must have and follow written (b) Disclosure. Subject to the 11321.11 Designation and functions of the State agency.. policies to carry out Its functions under this part that are adopted In accordance confidentiality requirements in paragraph (a) bf this section, the State . be In order to be eligible to receive a with paragraph (b)(2) of this section, (2) The Slate agency must— agency must make available at reasonable limes and places to all grants under part, Siete moat designate a single State agency to— (1) Develo proposed policies; (ii) Publlah the proposed In a Interested parties, the written policies - (a) Develop and administer the State policies manner that allows area agencies, required under 11321.15, and other information and documents developed plan; _. - (b) Be primarily responsible for rovidere, and older persons within the Slalo adequate opportunity to comment " or received by the agency In carrying out Its responsibilities under this part. coordinating all activities in the State .. relating to thepurposes of the Act; on the policies. (III) Consider all comments In - The Stale agency Is not required to disclose those types of information or (c) Serve as the effective and visible establishing final policies; documents that are exempt from advocate for all older persons In the -�/ (Iv) Have final policies In effect no disclosure by a Federal agency under • 1 Slates; and �' J� later than one year after the effective the Federal Freedom of Information Act, (d) Assist area agencies in the 1 Unla of these rules; and 5 U.S.C. 552, development of comprehensive and VVVVV (v) Keep Its policies current, and coordinated service delivery systems revise them as necessary. Subpart C -The State Pian throughout the Stale. _ (c) Functional statement, The State agency must have on file for review a § 1321.21 What Is a State pian.. 11321.13 Organization of the State functional statement of the manner in A State plants the document agency; which the State agency performs all of submitted by a State In order to receive ' (a) The Slate agency may be either— Its responsibilities under this port. grants from Its allotments under this • atoll MICROFILMED BY JORM MICROLAB CEDAR RAH DS•DES MOINES 21150 Federal Register / Vol. 40, No. 63 r, March 31, 1980 / Rules and T part. It contains provisions required by section 307 of the Act and implementing . (d) Service delivery requirements. A Stale plan must provide that the service developing the Intrastate funding formula, as provided in 11321.49. regulations and commitments that the Stale agency will administer or delivery requirements are met for— (1) A long-term care (it) May not Include use of a means supervise the administration of activities funded under this part in ombudsman program, as provided In 11321,43; (2) Restricting direct provision of test. A means test Is the use of an older person's Income or resources to deny or limit that person's receipt of services accordance with all Federal requirements. A State may receive services, as provided In § 1321.103: (3) All service providers concerning under this part; (5) All planning and service areas and grants under this part only under an approved State plan. A State may use Its licensure, safety, training. outreach, , c ordination, preference to those with all area agencies In the State. grants under this part only for activities, under its approved greatest economic or social need. 1132117 Amendments to the Slate plan. plan. contributions, maintenance of non- The State agency must amend its plan § 1321.23 Duration and format of the State plan. plan, - Federal support for cervices, and advisory role for older persons, as t If— (a) Anew or amended Federal statute ' - The State plan must be In effect for provided in 4 § 1321.105 through or regulation requires a new plan the three year period specifiedby the ' 1321.113... � (4) Multipurpose senior center - provision, or conflicts with any existing plan Commissioner. A Stale agency must submit a Stale plan or plan amendment °clivitie81 as provided to § 4132.121 provision; (b) A U.S. Supremo Court decision to the Commissioner In accordance with through 1321.137; - changes the interpretation of a statute or the Commissioner's instructions concerning the format,contenl, time (5) Nutrition services, as provided In § 11321.19] through 1321.147; regulation; (c) The State proposes to change the limits, transmittal forms, and (a) Legalaervices, as provided in designation of the State agency, single procedures. , - . - 11321.151; and - (7) Information and referral, as organizational unit or com component unit; 8 p (d) The Slate agency proposes to add. ' - § 1321.25. Content of the Slate plan. provided In 11321.161. , substantially modify, or delete any . (a) Based on area plans. A Stale plan (e) Fiscal requirements. A State plan Statewide program objective(s); must be based on area plans as must provide that the following fiscal (e) The Slate agency proposes to provided in 11321.29. -- requirements are met for—, change the designation of any planning - `� �(b) State agency funbtion '- ` (1) Expenditures in each Federal fiscal .and service area; or .... - requirements. A State plan must'provide ' year in rural areas of 105 percent of FY (0 The Commissioner requires Stales '. that the State a arc - - g y function .. ,1978 expenditures, as provided in . to submit annual amendments. ' requirements are met for— § 1321.185; and - .. I (1) Proper and efficient methods of : (2) Minimum expenditures for the long, § 1321.29 Development and review of the I administration, as provided in 11321.15; term care ombudsman program, as State plan and plan amendments. (2) Confidentiality and disclosure of. _ provided in 4'1321.189. - •. - (a) State plan based on area plans. `.Stateogeilcy Information. as provided in ... (O Direclory of community focal The State agency must periodically 11321.19; points. A Slate plan must assure that the .. consult with all the area agencies In the (3) State agency advocacy.'' - State agency keeps a directory of focal State to— responsibilities. as provided In 11321.41; . points in the State.. (1) Assess the needs of older persons j-(4) State agency evaluation of service- (8) Information requirements. The In the State; �I needs, as provided In § 1321.45(a)(8);; , -• Slate, plan must specify— (2) Assist In establishing statewide' (5) Periodic evaluations of each area (1J Program objectives to implement .priorities; • agency as provided in 11321.55(a)(0); ' (a) Development distribution the acrvfce delivery requirements of (3) Review procedures with regard to and of a paragraphs (d)(1), and (d)(4) through the development and Implementation of uniform area plan format, as provided In. (d)(7) of this section, which are.. the Stale plan; and - §,1321.45(a)(10) ', - (7) Coordination of legal'services aspart. consistent with the requirements of this - objectives established by the -(4) Ensure that the ob(eclives established In Stale and area plans are provided In "§ 1321.45(a)(13); • " Commissioner, and objectives consistent. (a) Commodity distribution established in area plans In the Slate; (b) Public hearings. The Slate agency agreements, as provided in 1 1321.147; (2) Documentation of the de8ignalion must— - ' (9) Slate advisory council on aging, as of the Stale agency; . (1) Hold public hearings on the Slate provided In' 11321.47; '. (3) A resource allocation plan plan and on all amendments to the State (10) Slate agency hearings for area Indicating the proposed use of all funds plan identified In 11321.27; agencies, providers, and planning and for services to older persons directly (2) Give adequate notice to older service area applicants, as provided In administered by the Stale agency; persons, public officials and other § 1321.51;• (4) Proposed methods forgiving (11) Area plan approval and reference to those with greatest •conomic "interested parties of the times, dales and locations of the public hearings; and disapproval, as provided In 11321.83. (c) Area agency and area plan or social need In the provision of services the (3) Hold public hearings throughout requirements, A State plan must provide under plan. These methods— - . the Slate at limes and locations which permit older persons, public officials, that the area agency and area plan - requirements are met for area agency (1) Must include, but are not limited to— and other interested parties reasonable designation, and development and - (A) Consideration of older persons opportunity 10 participate. (c) Review by State Advisory Council submission to the Stale agency of an area platwhich complies with4!;a with greatest economic need In dividing the Slate Into planning and service The Stale agency must submit the Slate' • - plan or nmendmenls for review and Muirements of section 300 of the Act; and this part, as provided in 11321.71,(D) areas, as provided in 11321.53; and (D) Consideration of older persons comment, to the Stale advisory council. ' (d) Review by the Governor, The Slate and §§ 1321.77 through1321,01. 1`vith greatest economic or social need in agency must submit the Slate plan or - MCROFILMED By JORM MICROLAB CEDAR RAPIDS -DES MOINES Federal Register / Vol. 45, iVo. 83 plan amendments to the Governor for review and signature. 11321.31 Submission of the State plan and plan amendments to the Commisslon forapproval. The State agency must submit the Slate plan or plan amendments signed by the Covemor to the Commissioner a least 80 calendar days before the proposed effective date of the plan, or plan amendments. The Commissioner does not consider a State plan or amendment for approval unless It Is signed by the Covemor. 11321.33 ADprovalor disapproval of State, plan and plan amendments. (a) The Commissioner approves any j State plan or amendment that fully meets all Federal requirements Including the requirements of this part. _ (b) If the Commissioner finds that any _ required provision of the plan or ' °. amendment Is unapprovable, the Commissioner follows the procedures in Subpart ) to disapprove the plan and withhold further payments to the State. .11321.35 Hos a State agency is notlllad (a)Approval. When the Commissioner .approves a State plan or'amendment,- the Commissioner notifies the Governor and the Slate agency in writing. (b) Disapproval. When the Commissioner proposes to disapprove a State plan. or amendment, the Commissioner notifies the Governor and f - the State agency in writing. The notice gives the reasons for proposed i disapproval and Informs the agency That W it has days to request a hearing on the proposed disapproval following the procedures specified in Subpart J. -11321.37 EffMlvo dates and aspandltum under an approved State plan cramendment.. (a) Effective date. An approved Slate plan or amendment become effective on file dale designated by the 1 Commissioner. .... (b) Expenditure. An agency may not make expenditures under a new plan or amendment until it is approved. Subpart D—State Agency - Responsibilities 11321.41 Advocacy responsibilities: ( general.. The Slate agency must— (a) Review and comment on all Slate plans, budgets, and policies which affect older persons, " (b) Conduct public hearings on the needs of olderpersons; (c) Coordinate statewide planning and development of activities related to the - Purposes of the Act and assure that each . r, March 31, 1980'/ Rules and 21151 area agency has effective procedures to coordinate programs related to the er (2) Monitor the development and ' Implements lion of Federal, State and purposes of the Act within the planning and service area; local laws, regulations and policies that (d) Represent the Interests of older relate to long-term care facilities In the State; Persons before legislative, executive and regulatory bodies in the State; (3) Provide Information to public agencies about the problems of older t (e) Provide technical assistance to persons in long-term care facilities; agencies, organizations, associations, or Individuals representing older persons; (4) Train volunteers and assist in the development of citizen organizations to (f) Establish and operate the long-term participate In the ombudsman program; care ombudsman program required by and - 11321.43; and (5) Carry out other activities (g) Review and comment, upon consistent with the requirements of this request, on applications to Slate and section which the Commissioner Federal agencies for assistance relating determines appropriate. to meeting the needs of older persons. (d) Access requirements. The Stale " 11321.43 Long-term care ombudsman agency must establish procedures to ensure that— program. .(a) Cenral rule. The State agency (1) The ombudsman program is given appropriate access to long-term care must establish and operate a statewide long-term care ombudsmen program that facilities and appropriate private access to residents; and meets the requirements of paragraphs " (2) The ombudsman and the (c) through (f) of this section. The State -ombudsman's designees are given. agency may operate the ombudsmen appropriate access to residents' program directly, or by contract or other personal and medical records.. arrangement, with any public agency or . (e) Confidentiality and disclosure ' private nonprofit organization, except one that Is— requirements. The State agency must establish procedures to protect the - (1) Responsible for licensing or . confidentlality of residents' records and certifying long-term care facilities or riles. These procedures must meet the other residential facilities for older following requirements:.' persona, or (1) No information or records (2) An association, or affiliate of maintained by the ombudsman program agent of an association, of long-term " are disclosed unless the ombudsman care facilities for older persons. authorizes the disclosure; and (b) Definition. For purposes of this (2) The ombudsman does not disclose' section, "long-term care facility" means the identify of any complainant or any— resident unless— .-. (1) Skilled nursing facility as donned (])The complainant or resident, or a. In Section 1861(j) of the Social Security legal representative of either, consents Act; in writing to the disclosure and specifies - (2) Intermediate care facility as to whom the identity may be disclosed; defined In Section 1905(c) of the Social or. Security Act; (if) A court orders the disclosure. [3) Nursing home as defined in Section (f) Reporting system. The Stele 1908(e) of the Social Security Act; and agency must establish a statewide (4) Other similar adult care home as uniform reporting system to collect and defined by the Slate agency In the Staleanalyze information on complaints and . "conditions plan and approved by the in long-term care facilities for Commissioner, the purpose of Identifying and resolving (e) Appointing on ombudsman. The significant problems. The Slate agency - State agency must appoint an Individual must submit this Information to the to serve as the State long-term care ombudsman and delegate to the agency of the State responsible for licensing or certifying long-term care ombudsman the responsibility to— facilities in the Stale and to the 1 g O Investigate and resolve comp lainls made by or for older persona in long• Commissioner in the manner prescribed by the Commissioner. . torn care facilities about administrative actions that may adversely affect their 11321.45 Service delivery systems responsibilities: general. health, safely, welfare or rights. . "Administrative action" means (a) The State agency must— any action or decision made by an owner, (1) Develop and administer the Slate plan;. employee or agent of a long-term care facility, or by a government agency, (2) Divide the State Into planning and which affects the provision of service to service areas, as provided In 11321.63; •. (3) Designate arae agencies In those residents covered by this section; planning and service areas for which the MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES Aaq Federal Register / Vol. 45, No. 63 / Slate decides to have an area plan developed; (4) Approve and monitor the administration of area plans; (5) Provide adequate and effective Opportunities for older persons to express their views to the State agency on policy development and program implementation under the plan; Cive Preference to ns .with the greatest economic or sociaer l need In the delivery of services under the Stale plan; (7) Develop an Intrastate funding formula, as provided in 11321.49- (8) Evaluate the need for socialland Xnutritional services in the State, and determine the extent to which other • Public and Private programs meet the needs; (9) Conduct periodic evaluation of activities and projects carried out under the Stale plan, Including at least annual on site performance evaluations of each area agency; , Develo and distribute a . plan f formal and guidance for area plans that mebts the requirements specified In Subpart P; - . (13) Provide technical assistance to -. area agencies , ' g(12) Esteb Halt an advisory council o aging, as provided In 111321.47;. (13) Coordinate legal services for older persons to the State, give technic assistance, advice, and training in the provision of legal services to older person's; and make reasonable efforts t maintain existing levels of those services; - (14) Enler into an agreement with the U.S.D.Ai Slate Distributing Agency, as Provided In 11321.147. .. (15) Provide administrative and hearing procedures; as required under § 1321.15 and 111321.51; thnsure that e State have reasonably cl older onvenient nient access to Information and referral services; and (17) hfninlain a directory of community focal points in the State. (b) The Stale agency may— (1) Conduct training and development programs for personnel Involved in Implemenling this part; and. ter demonelra,fonnprojects contracts oftstatewideout . significance relating to the inLilalion, expansion, or Improvement of services provided under this part 11321.47 Stole advisory council on aging, (a) Functions of the council. The Slate agency must establish o State advisory March 31, 1950 / Rules and Regulations "V (1) Develop and implement the St plan; (2) Conduct public hearings; (3) Represent the interests of older persons; and Review and comment on er Slate plans, budgets and policieshwhi affect older persons. (b) Composition of the council. Mo than 50 percent of the persons appoln to the State advisory council must be least 60 years old and include—(1) Persons with greatest economic or so need; and (2) Participants under this part (c) Frequency of meetings. The Stal advisory council must meet at least i) Support The State agency must vide staff support and assistance t State advisory councit- -laws, Thi, State must develop and make public by-laws whi specify the role and functions of the advisory council, number of members, procedures for selection of members, term of membership, and frequency of meetings. - . _ • _ §1321A9 Intrastate funding formuis. .(a) The Slate agency, after n . consultation with all area agencies In the Slate, must develop and use an Intrastate funding formula in accordanc e� with paragraphs (b) through (e) of this section, for the allocation of funds to - area agencies under this part,. u (b) The formula must— (1) Include an Identical base subgrant. to each area agency in the Stateal areas in ; ate at leastAllocate 105 percent rOf the amount spent under Tllles III, V. and VII of the Act for services In rural areas in the 1970 Federal fiscal year, as provided in § 1321.105;_ - (3) Refiacl the proportion of persons age 60 and over among the planning and service areas in the Stale; and (4) Refect the proportion among the _ lanning and service areas of persons age00 and over In greatest economic or social need. '(c) The Slate agency must publish the ' formula for review and comment. (d) The Slate agency must submit Its formula and any proposed rovislont Its the Commito ssloner for review and comment as an attachment to the Stale plan, The Slate agency must submit with the formula a summary of comments received on it. (a) The Slate agency must review and update its formula at leas, every three years. council In accordance with paragraphs 91321.51 Siete agency hearings, (b) through (e) of this section to advise (a) The Slate agency must provide an and help the Slate agency to— Opportunity for a hearing to— MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES ole (1) Any area agency when the Stele agency proposes to— (I) Disapprove the area plan or plan amendment submitted by the ares agency as specified in § 1321.&7(6); or ch (it) Withdraw the area agency's designs lion as provided in § 1321.85: Mor (2) Any applicant for designation as a Planning and service area under std § 1321.53 whose application is denied: (3) Any nutrition project specified in see § 1321.143(6)(1) which the area agency Proposes to defund; and (4) Any service provider whose a application to provide services under an area plan Is denied or whose subgrant or contract Is terminated or not renewed except as provided In 45 CFR part 74, o Subpart M. a hIf an earing, Itmustfile a Of warittenirequesation wants cit for a hearing with the State agency . - wilhin 30 days following Its receipt of the notice of the adverse action. let When It receives a request for a hearing, the Stele agency must notify the agency or organization of the dale, time, - and location of the hearing. The Slate agency must complete the hearing . . - .within 120 days of the date the request• for hearing was received by. the State' agency, The State agency must issue the e • hearing decision within 60 days after. the hearing is completed.,' (d) At a minimum, the hearing procedures for agencies and organizations identified in paragraphs (a)(I) through (a)(3) of this section must include— - - (1) Timely written notice of the reasons for the agency. action that is being appealed and the evidence on. which the action was based; (2) An opportunity to review any ; Pertinent on which the agency: action was bbsed; (3) An opporlQty to appear In person before an Impartial decision maker to refute the bnsis for the decision; (4) An opportunity to be represented by counsel or other representative: (5) An opportunity to present witnesses and documentary evidence; (6) An opportunity to cross-examine witnesses; and (7) A written decision by an Impartial decision maker which sets forth the reasons for the decision and the evidence on which the decision Is based. (e.) The State agency must eslablish appropriate hearing procedures for agencies and organizations Identified in paragraph (a)(4) of this section. (1) The Stale agency may terminale formal hearing procedures at any point If the Stu to agency and agency or organization that requested the hearing negotiate a written agreement that Federal Register / Vol. 45, No. 83 / Monday, March 31 358o / Rules and Regulations 21153 resolves the Issue(s) which led to the hearing. 111321.53 Designation of planning and service areas (a) General rule. The Stale agency must divide the Slate Into planning and service areas. (b) Application for designation. The State agency must provide an . opportunity to apply to be designated a a planning and service area to any unit of general pdrpose local government, region metropolitan area, or Indian reservation(s). The application on babel of an Indian reservation(s) must be made by the governing tribal organization(s). (c) Factors to be used in designation. In dividing the Slate into planning and service areas, the Slate agency must consider— : (1) The distribution In the Slate of persons age so and older including the e with the greatest economic need _ (2) The views of public officials of the units of general purpose local governments; (3) The incidence of need for services provided under this part and the resources available to meet these needs; and (4) The boundaries of unite otgeneral purpose local government. regional planning areas, Indian reservations, , existing economic development districts and areas within the State established 'for planning and administering human .services, including the areawidii comprehensive planning and . development districts or regions established pursuant to office of Management and Budget Circular A-05, Part 1V. The Slate agency Is encouraged to include all portions of an economic development district or an Indian reservation within a single planning and service area. - (d) Decision. The Slate agency must document the basis for its designation of each planning and service area. § 13211.55^ Appeal to the Commissioner. (a) General rule. Any applicant for designation as aplanning and service area under § 1321,53(b) whose application is denied by the State agency may appeal the denial to tiro Commissioner under the procedures specified In paragraph's(b)through (d) of this section. (b) State agency hearing. Before filing an appeal with the Commissioner, the applicant must first request and receive a hearing from the State agency following procedures specified In § 1321,51. (c) Tima for appeal to Commissioner. If the applicant decides to appeal the Stale agency hearing decision, the applicant must file a written appeal wl the Commissioner within 30 days following receipt of the hearing decisio (d) Review by the Commissioner. When the Commissioner receives an appeal, the Commissioner requests the State agency to submit— III Acopy of the applicant's s application for designation as a plannir and service area; (2) A copy of the written decision of the Slate; and f (3) Any other relevant information thi Commissioner may require. (e) Procedures for appeal. The Procedures for the appeal consist ol— (1) Prior written notice to the applicant and the State agency of the dale, time and location of the hearing; (2) The ruired attendance of the heed of the Seqtate agency or designated .representatives; 1 (3) An opportunity, for the applicant to be represented by counsel or other - representative; and -. (4) An opportunity for the applicant to be heard in person and to present `. documentary evidence, - (i) Decision by the Commissioner. (1) The Commissioner issues a written decision. (2) The Commissioner may— (1) Deny the appeal'and uphold the decision of the State agency; (11) Uphold the appeal and require the State agency to designate the applicant as a planning and service area; or (iii) Take other appropriate action, . Including negotiating between the Parties or remanding the appeal to the Stale agency after Initial findings, (3) The Commlasloner upholds the decision of the State agency if it followed the procedures specified in § 1321.51 and § 1321.53, and the hearing decision Is not manifestly inconsistent with the purposes of this part. § 132157 Interstate planning and service area. (s) Tho Governor of each State in which a proposed planning and service area crosses Stale boundaries may request the permission of the Commissioner to designate an interstate planning and service area. (b) Before requesting this permission, the Governor of each State must execute a written agreement that specifies the State ugency proposed to have lead responsibility for administering the programs within the Interstate planning and service area and lists the conditions agreed upon by each Slate governing formation, administration, and dissolution of the interstate planning ' and service area. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES (c) Each Governor who requests this Permission must submit the request together with a copy of the agreement as part of the State plan or as an amendment to the Slate plan. (d) If the Commissioner approves the request for designation of an interstate planning and service area, the Commissioner reduces the allotment(s) of the Stale(s) without lead - responsibililyforadminislering programs within the area in proportion to the number of Individuals age DO and older in the Slate(s) portion of the area, and adds the amouni(s) to the allotment of the State with lead responsibility. f1321-59 Single State planning and service area, (a) Application for designation. A - State may apply to the Commissioner for approval to designate the entire ' State as a single planning and service area. (b) Criteria farapproval. The - Commissioner approves the designation of the State as a single planning and service area (f (I) No jurisdiction successfully applied for designation as a planning ; and service area under the procedures specified iri 11321.51 through 11321-55.1 and (2) The State agency demonstrates that— (1) The Stale is not already divided for purposes of planning and administering human services; or (ii) The Stale is so small or rural that the purposes of this part would be frustrated if the Slate were, divided into planning and service areas; end. . (iii) The State agency hes the capscity to carry out the responsibilities of the . area agency specified in Subparts E, F, and G for the entire State. (c) Approval by the Commissioner. If< ' the Commissioner approves the application— (1) The Commissioner notifies lbe Slate agency to develop a Single State Planning and Service Area Plan which meets the requirements of Subparts C and FI (2) The Stale agency must mecl all the Stale and area agency function requirements specified in Subparts E, D. E, and G; and (3) The approval does not extend beyond three years. (d) Denial by the Commissioner. If the Commissioner denies the application, the Commissioner notifies the Slate to ` follow the procedures specified In - § 1321.53 to divide the Slate into planning and service areas. aa9 21154 Federal Register / Vol. 95, No. 63 / Monday, March 31, 1080/ Rules and Regulations Subpart E—Area Agency Designation, human services in the area. A Federal Regulations, Part 900, Subpart E, Organization, Functions multipurpose agency must delegate all Standards for a Merit System of 1 1321.61 Designation and luncllons of Its authority and responsibility under this part to a single organizational unit Personnel Administration. area agencles, in the agency unless the area agency Subpart F—The Area Plan (a) Cenral rule. The Slate agency must designate an area agency in each receives a waiver of this requirement from the State agency under paragraphs g 1321.71 What is an area plan. planning and service area In which the (b) and (c) of this section. An area plan Is the document State agency decides to allocate funds (b) The area agency may request a submitted by an area agency to the under this part. (b) Procedures before designation. waiver of the requirement inparagraph (a)(2) of this section if the areagncy— State agency in order to receive subgrents or contracts from the State Before designating an area agency, the (3) Submits Its request as part of Its agency's grant under this part. The area ' State agency must_ area plan or es a plan amendment; plan con Islas provisions required by the . (I) Consider the views of the unit(s) of (2) Describes Its methods for carrying Act and this part and time nis that general purpose local government within out Its functions and responsibility the area agency will administer the planning and service area; and under this part; and activities funded under this part In (2) Conduct an oft -site assessment to (3) Designates a component unit of the accordance with all Federal ' determine whether the agency which Is. : area agency to plan and develop all requirements. The area plan also . being considered for designation as an policy on programs for older persons contains a detailed statement of the area agency has the capacity to perform under this part, and to provide a visible manner In which the area agency is all of the functions of an area agency focal point far advocacy,.coordination, developing a comprehensive and specified in this part. - (c) Functions of area agencies. The monitoring and evaluation of programs for older persons in the planning and coordinated system throughout the planning and service area for all area agency must— ' - (1) Develop and administer the area service area.services [e) The Slate agency may approve a authorized under this part. An area agency may receive subgrants or -plan for acomprehensive and - -request for waiver if it finds that the contracts under this part only under an coordinated system of services; and • (2) Serve as the advocate and focal area agency can effectively carry out Its ` functions and responsibilities under this approved area plan. An area agency may use its subgrants or contracts under point for older persons In the planning - .. part without a single organizational unit. ... ..... this part only for activities under its approved and service area. =-: ..., _. 83 Types of agencies that maybe - -.. - .. ,11321.67 Area agency procedures. . (a) The area agency must have written plan., ' It 1321.73 Duration and formal of the area P an wa an ane apntey.. ,' <' - designate (a) The Stele any procedures for carrying out its functions under this part that meet procedural 'p (a) The area plan moat be for the three on of t area agency any one of the following g -agencrequirements specified by the State ' year period specified by the Stale - - types of agencies that hos the authority typos and the capacity, to perform the(b) agency. If the arca agency is net an agency. - (b) The area agency must submit an : functions of en area agency: (1) An established office on. aging • areawide A-95 clearinghouse, the area agency must seek to enter Into a ' area plan or amendment to the Stale agency in accordance with the uniform - which operates within the planning and memorandum of agreement with the A- area plan format and other instructions Issued by the Stale agency.. service area; 05 clearinghouse. The memorandum (2) Any office or agency of a unit of must cover the means by which the area 41321.75 Comprehensive and - general purpose local government that is agency and A-05 clearinghouse propose coordinated service delivery system. proposed by the chief elected official of to coordinate their planning activities.. (a) The ares plan must provide for the . the unit; " ' The agreement must, at minimum, development of a comprehensive and (3) Any office or agency proposed by Include the matters contained In OMD coordinated service delivery system for the chief elected officials of a Circular A-95, Part IV. asocial and nutrition services needed by combination of units of general purpose local government; or - -' '1321.69 Staffing. (4) Any other public or private . (a) Type of Staff. The area agency, nonprofit agency, except any regional or single organizational unit, or componen local agency of the State. . , unit where one exists, must have a. (b) In designating an area agency, the qualified full-time director and an State agency must give preference to— - adequate number of qualified staff, (1) An established office on aging: or (b) Sloffing plan: The area agency - (2) Any Indian tribal organizations, � - must have on file for review a staffing Including consortia, in any planning and plan that identifies the number and - service area whose Jurisdiction Is types of staff assigned to carry out area essentially the same as that of one or agency responsibilities'and functions more Indian reservations, under this part. - - (c) Preference. SubJecl to merit system 11321.65 Organization of the area - requirements, the area agency must give agency. preference in hiring to persons 00 or (a) An area agency may be either— older. (1) An agency whose single purpose Is (d) Affirmative action, Any area to administer programs for older agency which Is a public agency must personr,'or - ' have an affirmative action program - „ (2) A multipurpose agency with the which complies with the requirements u authority and capacity to administer 1000.007 of Title 5 of the Code of 1,11CROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101aE5 older persons in the planning and - service area In which the area agency. enters Into cooperative arrangements ' I with other service planners and _ providers to— (1) Facilitate access to and utilization of all existing services; and (2) Develop social and nutrition services effectively and efficiently to L d 1 meet t a nee a of oder persons, (b) Service components of e comprehensive and coordinated service „y delivery system that may be funded under this part are— (1) Services which facilitate nccess, such as transportation, outreach, Information and referral; escort, Individual needs assessment and service - management; (2) Services provided in the f community, such as congregate meals, - continuing education, health and health Federal Register / Vol. 45, No. 03 / Monday, March 31, 1980 / Rules and Regulations 21155 screening, legal services, program services under the plan, as provided In development and coordination 11321.93(c); activities, advocacy, information and (a) Tec((�tnical assistance and referral, individual needs assessment. evaluation of all providers, as provided and service management, casework, In 4 1321.93(d); counseling and assistance (concerning (7) Considering the views of older lazes, financial problems, welfare, the persons, as provided in 11321.93(i); use of facilities and services, pre. (8) Outreach efforts, as provided In retirement or second career), day care, 11321.930); protective services, health screening, (9) Designation of community focal services designed for the unique needs points, as provided in 41321.95; and of the disabled. emergency services, (10) Coordination with other Federal including disaster relief services, programs serving older persons, as >;5 residential repair and renovation, provided In 41321.99. ..'physical fitness, and remeation services. (c) Service delivery requirements. An services in helping to obtain adequate' area plan must provide that the service housing. Alteration. renovation, delivery requirements are met for— acquisition and, where permitted (1) Giving preference to older person according to the provisions of with greatest economic or social need, 11321.131, construction of facilities to as provided in 4 1321.93(g); be used as multipurpose senior centers, (2) Restricting direct provision of are community services for purposes of services, as provided In 11321.103; this park_ (3) All service providers concerning (3) Services provided in the home. licensors; safely, training, outreach, • such as home health, homemaker coordination, preference to those wi .se}vlces, home health aide services, greatest economic or social need, legal services, preinstitullonal contributions, maintenance of non- - evaluation, casework, counseling, chore Federal support for services, and maintenance, visiting, shopping, readers,. advisory role for older persons, as ' letter writing, and telephone. - provided in 141321.105 through reassurance,' home delivered' meals and - - - nutrition education; and - _1321.113; (4) Multipurpose senior centers ' • „ (4) Services provided to residents of activities, as provided in 441321.121 care providing facilities, such is through 1321.137; ' .. . casework, counseling, placement and (5) Nutrition services, as provided in relocation assistance, group services, 441321.141 through 1321.147; legal serv!ces, complaint and grievance (a) Legal services, as provided in resolution and visiting. Care providing. 41321,151; •' - facilities Include long term care facilities (7) Information and referral services, as defined in 11321.43(b), emergency as provided in 41321.101; and - shelters, and other congregate living (8) Transportation services, as .arrangements. ... provided in 4 1321.171. 'Al F' 1 11321.77, Content of the area pian. (a) Comprehensive and coordinated I system. An area plan must provide for the comprehensive and coordinated service delivery system specified In 11321.75. (b) Area agency junction requirements, An area plan must - provide that the area agency function requirements are mel for— (1) Monitoring; evaluating, and commenting on policies and programa affecting the older persons, as provided In 11321.91(a); (2) Arrangements with children's day care organizations, as provided In 1 1321.93(k); (3) Arrangements with educallor institutions, as provided in 11321.93(1); (4) Assessment of need for services in the planning and service area, and evaluation of effectiveness of services being provided, as provided in § 1321.93(6); (5) Awarding subgranls and entering Into contracts for the provision of of services under the plan. These methods— (1) Must include, but are not limited to, consideration of older persons with .J greatest economic or social need in the -I designation of community focal points, as provided In 11321.95; and (11) May not include use of a means lest. A means test is the use of an older person's Income or resources to deny or limit that person's receipt of services under this part. ' 11321.79 Amendments to the area plan, The area agency must amend the plan If— (a) A new or amended Stale or Federal statute or regulation requires a . new provision, or conflicts with any existing plan provision; ' (b) A U.S. Supreme Court decision changes the interpretation of a statute or - regulation; (c) The area agency proposes to change the designation of the single organizational unit or component unit; .. - _(dl The area agency proposes to add, substantially modify, or delete any area' plan abjective(d); or - (e) The State agency requires further annual amendments. 11321.81 Review of the area plan and plan amendments. ' (a) Public hearing. .The area agedcy must— (1) Hold at least one public hearing on the area plan and on all amendments to the area plan specified In 11321.7$ (2) Give adequate notice to older persons, public officials, and other' interested parties of the times, dates, rsco requrroments. An area plan aand nd locations of the public hearing(s); must provide that the requirement of (3) Hold the public hearing(s) ate time 41321.187 is met for expenditure of 50 and location which permit older percent of Its social services allotment persona, public officials, and other for priority es, interested parties reasonable (e) Informational mu sfanal requlrementa. The opportunity to participate. area alar must soacifv— (b)Review byadvisory council and clearinghouses. The area agency must ; submit the area plan and amendments for review and comment, to the advisory council, and to the Slate and arenwide A-95 clearinghouses in accordance with OMB Circular A-95, Part I. (c) State agency approval. The area agency must submit the area plan or amendments to the State agency for - approval, following procedures specified by the Slate agency. (1) Program objectives to Implement the service delivery requirements specified In paragraphs (c)(1), and (c)(4) through (c)(7) of this section, that are consistent with the requirements of this part and objectives eslablisho d by the State agency; (2) A resource allocation plan Indicating the proposed use of all funds for programs for older persons directly administered by the area agency; (3) An Iden!I cation of designated community focal points; (4) Methods the area agency uses to set services priorities under the plan, r particularly those services specified In. § 1321.187(a); and (5) Proposed methods forgiving preference to those with greatest economic or social need in the provisl n MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101aES § 1321.93 Approval or disapproval of an area pian and pian amendments. (a) The Slate agency must approve an area plan or amendment which meets the requirements of this port and any other requirements established by the Slate agency under Its authority under this part. 21156 Federal Vol. 95, No. 83 / Monday, March 31, 1980 / Rules and (b) If the Slate agency finds that any (d) Carry out activities In support of Provision of the area plan or plan the Slate administered long-term care of higher education, and nonprofit amendment is not approvable, the Slate agency must fallow the procedures In ombudsman program; and planning (eJ Coordinate tenet with other private organizations, to use the services provided older Individuate under the 11321.51 to disapprove the plan or plan amendment. agencies and organizations to promote community schools program of the , Elementary and Secondary Education area agency Wnd new or expanded benefits and opportunities for olderpersons.Act of 1985; (m) Develop and publish the methods designation designation and contlnulty of services. continuity (oJ The Stale agency withdraws the § 1321.93 Area agency 9 y general planning and management responsibilities, that that the agency uses to establish for services, particularly those area agency designation whenever the State agency,'after reasonable notice The area agency must— (a) Develop and administer an area specified in § 1321.187; (n) Establish procedures governing and opportunity for a hearing, as plan for a comprehensive and - outreach, training and coordination provided in ll 1321.51, finds that— coordinated service delivery system In - activities of service providers; and • (1) The area agency does not meet the the planning and service area, In . (o) Attempt to involve the private bar requirements of this park compliance with all applicable lawsend in legal services eclivilles as provided In (2) The plan or plan amendment Is not regulations, including all requirements § 1321.751, Including groups within the approved; or' - of this part; . private bar that furnish legal services on (3) There is substantlal failure In the(b) provisions or administration of on Assess the kinds and levels of ervices needed by older persons In the P a pro been and reduced fee basis; (p) Designate, if feasible, community approved area plan to comply with any seeing an P 8 d service area, and the focal patelli as provided in 11321.95. provision of this part. . - (b) If the Slate agency withdraws and effectiveness of the use of resources in - 'meeting these needs; 11321.95 Designation ol.9ommunity local points for service delivery. area agency's designation under Paragraph (a) of this section, it must— (c) Except as provided in 11321.103 ,. award subgrants or enter into contracts (a) Ci'anerolrule. In order to facilitate ready access to services provided under the; Commissioner in writing` of(1e Notify to provide J Provide technical under assisthe plan; the area plan, and encourage the (2) Provide plan for the continuity of services,in the affected planning and monitor, and periodically evaluate the performance of all service providers P. maximum collocation and coordination of services for older persons, the area agency dealgnele, eer4ice - area : -• i (3) Des'gnsle a new area agency In Ithe under the plan; (e) Coordinate the administration of Its moat it feasible, a ' focal point for comprehensive services delivery In each community. and service area in a timely. plan with the Federal programs . cedures niannanning manner. ,. s ;. (cJ If necessary to ensure continuity of specified In 11321.99, and with other Federal. State and local resources in ' ,c mmGrncily focal pointe forpervice The erns agency moat— services In a planning and service area, • .lan the State agency may, for a period up to order le develop the comprehensive and coordservice system required by ,delivery. comm uSpecifythe ci a in which it in thearea propos communities to - ISO days after Its Mal decision to - withdraw designation of an area 11321.75; t IO Establish an advisory council as 9 designate and develop focal points. In making the determination, the . area - agency •. , . t • ,- . ppp required by § 1321,97:.. ... _ agency must consider— • ^ ' (1) Perform P the res mudlillitles of the as (g) Give preference In the delivery of (I) Communities with the greatest area agency; or (`services under the area plan to older (`iincldence of older persons with the '. "j (2) Assign the responsibilities of the -.: persons with the greatest economic or socia( need; .: greatest economic or social need; area agency to another agency in the:. planning and service area.' ' ' (h) Assure that older persons in the planning and service ero have (it) The delivery pattern of services , funded under this part and funded from (d) The Commissioner may extend for a period of up to an additional 180 days reasonably convenient access to information and referral services; other sources; .. r (Ili) The location of multipurpose mit in paragraph (c) of this section )f the State ngency— - the liof (I) Provide adequate and effective senior centers and congregate nutrition • eitca; .. (3) Requests an extension; and -' '(2) opportunitfesfor older persons to express their views to the area agency The boundaries Demonstrates to the satisfaction of .the the Commissioner a need for the on policy development and program y Implementation under the plan; m es and at h and communities and natural neighborhoods; . ',. .. (J) Have outreach efforts to Identify : (v) The location of facilities suitable for designation. • Subpart G—Area Agency 9 y - older persons and Inform them of the availability of services under the (2) Designate a facility to be a Responsibilities , .. ..., - .\ 11321.91, Advocaey ffsponelbllitles of the plan. These outreach efforts should have special emphasis on the rural elderly, community focal point In each community selected under paragraph (b)(1) of this section. In making this area agency. r nd on those with greatest economic or The area agency must- . social needs. With respect to nutrition designation, the area agency must— (I) Give special consideration to (n) Monitor, evoluoto, end comment on all policies, programs, hearings,m services, have outreach efforts that' ensure that the maximum number of multipurpose senior centers; and (II) Assure that the facility currently or lovies, and community actions wich 'V"re ig� persona have Opportunity to receiveIf passible; potentially can accommodate the affect older persons; (b) Conduct public hearings the 8 .. . e - (k) If possible, have arrangements with children's day care organizations collocation of services. (c) Developing collocation of services. need) of older urlins; ' ed Represent the Interests of older a In to re, so that older persons can volunteer to hell! provide the day care; The area ngency must— (3) Eetablishguldellnes for operating schedules atthe focal persons public t public and private agencies o fiorganizations; ublic(I) If possible,, have arrangements with locnl educational agencley, Inplltutions point which are convenient for older persons In the community; iIICROFILMED BY JORM MICROLAB CEDAR RAPIDs•Dfs HOINIS Federal Vol. 45, No. 03 / Monday, March 31. 1980/ Rules and Re (2) Assure the community focal point has direct access to exisfing information t and referral and emergency services programs; and r` (3) Encourage service providers to collocate their services at the community focal point and coordinate with other services provided at the focal point. §1321.97 Area agency advisory council. (a) Functions of council. The area agency must establish an advisory council in accordance with paragraphs • (b) through (e) of this section. The council must advise the agency to— (1) Develop and administer the area plan; (2) Conduct public hearings; (3) Represent the interests of older persons; and (4) Review and comment on all community policies, programs and actions which affect older persons. (b) Composition of the council. The advisory council must be made upof- -. (1) More than 50 percent older person and include- - (i) Olderpersona with greatest , economic or social need; and (It) Participants under this parl; (2) Representatives of older persons: (3) Local elected officials; and (4)The'generalpublic. ' (c) Frequency of meetings. Thearea agency advisory council must meet at - r__.. (d) Support. The area agency must Provide staff and assistance to the advisory council,,,, (e) Bylaws. The area agency must develop and make public by-laws which Specify the role and functions of the advisory council, number of members, -' procedures for selection of membbrs, lerm'of membership, and the frequency of meetings, - § 1321.99 Coordination with other' Programs. To carry out Its responsibility to develop a comprehensive and coordinated service delivery system, the, area agency must establish effective and efficient procedures to coordinate. with - (a) Health systems agencies ,designated under Title XV of the Public Health Services Act; and :: (b) Agencies administering tho following programs— (1) The Comprehensive Employment and Training Act of 1973; . (2) Title 11 of the Domestic Voltinteer Act of 1973; (3) Titles 11, XVI, XVIfI, XIX, and XX of the Socia( Security Act (4) Sections 231 and 232 of the National Housing Act; (5) The United States Housing Act of 1937; (6) Section 202 of the Housing Act of 1959; (7) Title I of the Housing and Community Development Act of 1974; (6) Section 222(a)(8) of the Economic Opportunity Act of 1964; (9) The community schools program under the Elementary and Secondary Education Act of 1984; and (10) Sections 3, 5, 9 and 16 of the Urban Mass Transportation Act of 1984. Subpart H—Service Requirements • General Requirements Applicable to AI Services 11321.101 State agency approval of area agency subgrants or contracts. (a) The Stale agency may not require the area agency to submit to it for prior review or approval any proposed subgrants or contracts with public or. - private nonprofit agencies or organizations. ,t s (b) The area agency must submit to the Stale agency for prior approval any Proposed contracts with profit making organizations to provide services under the area plan. The State agency - approves the.contract only If the area agency demonstrates that the profit making organization can provide. services in a manner clearly superior to`.. other available public or private nonprofit serviceproviders, § 1321.103 Direct provision of services by • State and area agencles: < .. (a) General rule. A State or area agency must use subgrants or contracts with service providers to provide all services undet this part unless the State agency decides that direct provision of a - service by the State or area agency using its own employees is necessary to assure an adequate supply of the .services. A State agency may only provide services directly when the Slate has been designated as a single planning and service area as provided in § 1321.59.:. .. (b) Effectively and efficiently. For: purposes of this section, effectively refers to capacity to provide a defined service: It Includes considerations of service quality and dellvery crl leria,' •such asndequetequantity and . timeliness. Efficiently refers to the relative total cost of providing a unit of service, (c) Test for adequate supply for services related to area agency statutory functions. (1) For any.of the services directly related to an area agency's statutory functions, direct provision Is necessary to assure nn adequate supply if the State MICROFILMED BY JORM MICROLAB CEDAR RAN DS -DIS MOINES 21157 agency decides that the area agency for the Slate agency in a single planning and service area Slate) can and will perform the services more effectively and efficiently than any other provider. (2) Services directly related to the statutory advocacy and service delivery functions of the area agency are those which must be performed In a consistent manner throughout the agency's - Jurisdiction. These services are: information and referral, outreach, advocacy, program development coordination, individual needs assessment and case management. - I (d) Test for adequate supply for other services. For any other service under this part except the ombudsmen - ' - - program required by § 1321.43 and the services identified in paragraph (c)(2) of this section, direct provision Is necessary to assure an adequate supply If the area agency can and will provide ' `. the service substantially more effectively and efficiently than any other provider. „-.•_;,j (e) Services not under this part The , -area agency may plan, coordinate, and provide services funded under other .,.- programs if it continues to meet all its area agency responsibilities. .41321.105 Li.Censureandsalety' requirements. i ' �.: 'All services provided, under this part must meet any existing State and local .licensure and safety requirements for the provision of those services. 11321.107 Outreach; training, and ..Coordination requirements. All service providers under this part must comply with procedures,; established by the area agency for= - (a) Outreach activities to ensure Participation ofeli_Igibleolderpersans: f (b) Training an ose_of elderly and other volunteers and paid personnel; and (c) Coordination with other service providers In the planning and service area. .. 11321.109 Preference for older persons . L with greatest economic or social need. r All service providersunder this part must follow priorities set by the area agency for serving older persons with greatest economio or social need.'' Service providers may use methods such. as location of services and specialization In the types of services most needed by these groups to meet. this requirement. Service, providers may not use a moons lest; §1321.111 Contributions for services under the area plan. (a) Opportunity 10 contribute. Each service provider must— ;a1 21150 Federal Register / Vol. 45, No. 63 / Monday March 31 1980 / Rules and Regulations (I) Provide each older person with a (b) Definitions. For purposes of this free and voluntary opportunity to subpart, contribute to the cost of the service; (1) "Acquiring" means obtaining (2) Protect the privacy of each older ownership of an existing facility in fee Person with respect to his or her simple or by lease for 10 years or more contribution; for use as a multipurpose senior center. (3) Establish appropriate procedures (2) "Altering" or "renovating' means to safeguafd and account for all making modifications to an existing contributions; and facility which are necessary for its (4) Use all contributions to expand the effective use as a multipurpose senior (� services of the provider under this part. center. This includes restoration, repair, `•" Nutrition services providers must use all expansion and all related physical contributions to increase the number of improvements. meals served. - (3) "Constructing' means building a (b) Contribution schedules. Each new facility. Including the costs of land service provider may develop a acquisition and architectural and suggested contribution schedule for engineering fees. services provided under part. In (c) Preference. In making awards for developing a contribution schedule the the purposes specified in paragraph (a) provider must consider the income of this section, the area agency must ranges of older persons in the / give preference to facilities located In community and the provider's other communities with the greatest Incidence sources of income. 1 hof older persons with the greatest (c) Failure to contribute: A service economic or social need. provider that receives funds under this part may not deny any older person a 91321.123. Health, safety, and service because the older person will construction requirements. not or cannot contribute to the coat of - (a) Ceneral. A recipient of any award -- the service. . - : - - for multipurpose senior center activities (d) Contributions as program income. must comply with all applicable State Contributions made.by older persons and local health, fire, safety, building, are considered program income. zoning and sanitation laws, ordinances 1.or codes. support 113 - servicMaintes. a. of non -Federal - (b) Life Safety. If in the judgement of support for services.. the Stale agency, existing fire and safety Each service provider must—" laws, ordinances or codes are (a) Assure that funds underthis part Inadequate to protect the health and ., are not used to replace funds from non- safety of participants, the Stale agency " Federal sources; and may require a recipient of any (b) Agree to continue or initiate efforts multipurpose senior center award to— to obtain support from private sources (1) Comply with the provisions of the and other public organizations for applicable building occupancy ' services funded under this part., classification of the National Fire 11321.115. Advisory role to service Protection Association "Life Safely . providers of older persons. - Code". Each service provider under thera (I) These regulations Incorporate by: pion moat have procedures forhe'aereference the "Life Safety Code." (NFPA the views of participants about the • obtaining No. 101, 1970 edition), This incorporation services they receive. ' by reference was approved by the Director of the Federal Register on July Multipurpose Senior Centers 17,1979.,This code is available from the National Fire Protection Association, 470 Atlantic Avenue, Boston. MA 02210 at a cost of $5.00 per copy. (ti) A copy of the "Life Safety Code" Is available for Inspection at the Administration on Aging Public Inquiries, Room 4146, 330 Independence _ Avenue, SW" Washington, D.C. 20201, and at the Office of the Federal Register Library, Room 84ol, 1100 L Street; NW., Washington, D.C. 20400. (2) Install, in consultation with State or local fire authorities, an adequate number of smoke detectors In the senior center; and (3) Have a plan for assuring the safely of older persons to a natural disaster or other safely threatening situations. 91321.121. Multipurpose senior. centers. (a) Purposo ofcooking awards. The area agency may award social service funds under this part to a public or Private nonprofit agency for the following purposes— (1) Acquiring, altering, leasing, or renovating a facility, Including a mobile facility, for use as a multipurpose senior center, (2) Constructing a facility. Including a mobile facility for use as a•multipurpose senior center, subject to the provision of 9 1321.131; or (3) The costa of professional and technical personnel required to operate a center. rIICROFILMED BY JORM MICROLAB CEDAR RARIDS-DES 1101NIS (c) Architectural Barriers. The plans and specifications for an award for acquiring, altering, renovating or constructing a multipurpose senior center facility must comply with regulations relating to minimum standards of construction, particularly with the requirements of the Architectural Barriers Act of 1900. (d) Technical adequacy. The Slate agency must assure the technical adequacy of any proposed alteralion or renovation of a multipurpose senior center assisted under this part. The State agency assures technical adequacy by requiring that any alteration or renovation of a multipurpose senior center that affects the load bearing members of the facility Is structurally sound and compiles with all applicable local or Stale ordinances, taws, or building codes. In absence of these codes, the State agency must assure compliance with Chapter 23 of the Uniform Building Code, or chapter 12 of the Standard Building Code. 91321.125 Federal labor atandards. A recipient of an award for altering, renovating or constructing a facility to be used as a multipurpose senior center must comply with the requirements of the Davis -Bacon Act and other mandatory Federal labor standards: 91321.129. Length of use of an acquired or constructed facility.. (a) A facility acquired to be used ass multipurpose senior center must be used for that purpose for at least 10 years. from the dale of acquisition. (b) A facilityconatructed to be used as a multipurpose senior center must be used for that purpose for at least Zo years after completion of construction. (c)The Commissioner upon request from the Slate agency may waive the requirements specified in paragraphs (a) and (b) of this section In unusual circumstances, 91321.131 Special conditions for acquiring by purchase, or constructing e facility. (a) The area agency must obtain the approval of the State agency before making an award for constructing a facility. (b) The Slate agency may approve the construction of a facility after considering the views of the arca agency If it finds that Chore Is no other suitable facility available to be a focal point for service delivery. ` (c) The area agency may make nn award for purchasing or constructing a facility only If there are no suitable - facililies for leasing. Federal Register. / >'ol. 45, No. 63 11321.133 Prohibition on sectarian use a facility, A facility altered, acquired, renovated, or constructed using funds under this part to be used as a multipurpose senior center may not b used and may not be Intended to be used for sectarian instruction or a place for religious worship. 11321.135 Funding and use requirement (a) Sufficient funds must be availabl to meet the non -Federal share of the award: (b) Sufficient fundsmust be availabl to effectively use the facility as a multipurpose senior center, . (c) In a facility. that Is shared with other age groups, funds receiver) under this part may support an] y— ' (1) That part of the facility used by older persons; or (2) A proportionate share of the costs based on the extent of use of the facilit by older persons; and (d) A multipurpose senior center program must be operated In the facility 41321.137, 1lecaptureotpaymentsfor •.. acquired or constructed facilities. (a) The United States government is entitled to recapture a portion Fedem funds from the owner of a facility If.,. within 10 years efler ocgiiteition or 20 years after completion of construction— '(1) -The onstruction— '(1).The owner of the facility ceases to x be a public or non-profit private agency e ' J or organization: or (2) The faclllly Is bolonger used for multipurpose denlor center activiBes' (b) The amount recoveredUnder paragraph (a) of this section Is that Proportion of the current value of the facility equal to the proportion of , Federal fundseonlributed to the original .. cost. The current value of the facility is determined by an agreement between the owner of the facility and the Federal government, of by an action in the. . Federal district court In which the ' facility Is located. Nutrition Services 11321.141 Nutrition services. (a) Purpose of making awards. The area agency may award nutrition .services funds received under. this part to provide meals and other nutrition services, including outreach, and nutrition education, to older persons: In making these awards the area agency must assure that congregate meals are • . provided and that home -delivered meals are provided based on an assessmont of need by the area agency and nutrition service providers, (b)Eligibility.- person a11 ge r00ate 0 or older' ndion services, A the spouse of March 31, 198u f Rules and e of the person regardless of age, are eligi to participate in congregate nutrition services under this part. (2) Home -delivered nutrition servic A person age 50 or over who is e homebound by reason of illness, incapacitating disability or is othenvi Isolated is eligible,lo receive a home. delivered meal. The spouse of the aid s person, regardless of age or condition, may receive a home -delivered meal iL e according to criteria determined by Iib area agency, receipt of the meal Is in t best interest of the homebound older a person. (c) Assessment of need. The area agency must assess the level of need f congregate and home -delivered meals within the planning and service area. 11321.143 Selection of nutrition service providers. (a) General rule. The area agency me y make awards for congregate and home. delivered nutrition. services to a Provider that furnishes either or both - . type($) of service(s), The area agency .'may make awards only to providers Iha meet the requirements of 11321.145 and 11321.147. . (bl Existing nutrition services providers. - (1) The area agency must award fund to a nutrition services provider that— (t) Was a nutrition project receiving funds under the former Title V11 of the Act on September. 30,1978. For purpose' of this requirement; "nutrition project" means the recipient,of a subgrant or, contract '0= o provide nutrition services, other Ihan 1F a area agency, which met the requirements for a project specified In the former Title Vll and Implementing regulations. . • :l . •_ fill Meets the requirements of this - subpart: and (1i1) Has carried out Its nutrition services activities with demonstrated effectiveness. (2) The area agency. must make awards to a project specified in paragraph (b)(1) of this section for the. services authorized under Title III Part' C, Subpart 1 and Subpart 2 that the Project was providing on September 38, 1978, If the project applies to provide those services. Ala minimum, the amount of the awards most equal the amount of the project's award In effect on September 38,1978 for services allowable under Title III Part C, (3) Except as provided in 45 CFR part 74, Subpart M, the area agency may not discontinue funding to a nutrition Project specified In PParagraph (b)(1)(1) of this section unless the Slate agency— (i) Has given the project an opportunity. for a hearing, In accordance with 11321:51; and MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES !101NES tions 21159 ble (ii) Has determined that the project— (A) Does not meet the requirements of. this subpart: or es. (B) Has not carried out nutrition services activities with demonstrated se effectiveness. The State agency may not set criteria for demonstrated aide effectiveness that are different from the requirements imposed on projects during the period for which their performance e is being measured. he (c) Existing home delivered meals Providers. Consistent with the requirements of paragraph (b) of this section and, ldlhe extent feasible, the or area agency must give, preference In making awards for home -delivered meals to public, private nonprofit, and voluntary organizations which— s. (1) Have demonstrated an ability to provide vered meals y efficiently had dreasonably; and (2) Have furnished assurances -to maintain efforts to solicit voluntary ort and not to2use s received t under his part to supplant funds from non -Federal sources. 11321,145 Special requirements for nutrition services providers, s (a) Requirements for congregate � Providers. Each congregate provider must—(1) provide hot or other'. appropriate meals in a congregate selling at least once a day, five or more days a week; (2) Locate congregate nutrition services as close as possible and, where feasible and appropriate, within walking • distance, to the majority of eligible older Persons; and (3l Assess the need for home- delivered meals among participants at Its congregate sites.- - - (b) Requiramenls forhomo•-delivered meals providers. Each home -delivered. meals provider must:,. - `. (1) Assess the need for home. delivered meals among the participants for whom It has responsibility; (2) Provide for home -delivered meals at least once a day, five or more days a week. Meals may be hot, cold, frozen, dried, canned or supplemental foods with a satisfactory storage Wig and; , (3) With the consent of the older . person, or his or her representative, bring to the attention of appropriate Officials for follow up, conditions or circumstances which place the older. person or the household In imminent' ' danger. (4) Where feasible and appropriate, make arrangements for the availability of meals to older persons in weather related emergencies. aa? health requirements, religious Legal Services g . requirements, or ethnic backgrounds of 21160 Federal Register / Vol. qu. No. 63 / Monday, March 31, 1980 / RL..,:s.and Regulations 41321.147 Food requirements for all - (v) If a nutrition service provider law affecting older persons with social nutrition services providers. receives cash instead of food, the or economic need; . (a) In purchasing food, and preparing provider must spend the cash only for (iii) Demonstrates the capacity to and delivering meals, the nutrition buying United Slates agriculture provide support to other advocacy services providers must follow commodities and other food. efforts, for example, the long-term care appropriate procedures to preserve (2) Food stamp program. The nutrition ombudsman program; nutritional value and food safety. services providers must assist IN) Demonstrates the capacity to (b) The nutrition service providers participants In taking advantage of effectively deliver legal services to must comply with all State and local benefits available to them under the institutionalized, isolated, and health laws and ordinance's concerning food stamp program. The nutrition homebound individuals; preparation, handling and serving food. services provider must coordinate its (v) Has offices and/or outreach sites (c) The nutrition services provider activities with agencies responsible for - which are convenient and accessible to must provide special menus, where administering the food stamp program to older persons in the community; feasible and appropriate, to meet the facilitate participation of eligible older (vi) Demonstrates the capacity to particular dietary needs arising from the persons in the program, provide legal services In a cost effective health requirements, religious Legal Services g . requirements, or ethnic backgrounds of " eligible Individuals. In determining 41321.151 Legal services. feasibility and appropriateness, the (a) purpose of the award. The area . provider must use the following. - agency must award social services criteria= '• funds under this part for legal services (1) Whether there are sufficient - to older persons with economic or social numbers of persons who need the . needs. The purpose of awards under this special menus to make their provision section Is to increase the availability of . ' practical; and legal services with a priority on older ". - (2) Whether the food and skillspersons with the greatest economic or necessary to prepare the special menus cial need in order to assist them lo. are available In the planning and service secure their rights, benefits and area: ; -. : - entitlements, and to assist them in - (d) The nuvices provider nutrition ser achieving the obJecOves of the Act. I . -must haveavailable for use upon . Legal services provided with funds. . 'request appropriate food containers and under this part must be In addition to utensils for.blind end handicapped any legal services already being participants, ' ! : - •' provided to older persons in the :. (e) Each meal served by the nutrition' planning and service area. �. services provider must contain at least (b) Definition. "Legal services'; means . one-third of the current Recommended legal advice and representation by an Dietary Allowances as established by attorney (including, to the extent the Food and Nutrition Board of the feasible, counseling or other appropriate -. iNational Academy of Sciences— assistance by a paralegal or law student " - National Research Council. under the supervision of an attorney), . (1) U.S.D.A. food assistance programs. and includes counseling or (1) Direct assistancefornutrition representation by a non -lawyer where ;Services. - permitted bylaw, to older persons with' " .:' (i) The State agency must have an economic or social needs. agreement with the U.S.D.A. Slate (c) Conditions legal serviea providers Distributing Agency to assure the*. must meet .: availability to nutrition services (1) A legal service provider must be providers under this port of food• cash, either— .. - or a combination of food and cash, -. (I) An organization ihut receives funds - (it) The Stale agency must distribute under the Legal Services Corporation all food, cash or the combination of food Act; or and cash received from U.S.D.A. through (ti) An organization that has a legal . -area agencies to nutrition services - , services program or the capacity to providers based on each provider's : - develop one. proportion of the total number of meals (2) The area agency must award funds served In the State." to the legal services provider(s) that - ,(Iii) The State agency muni comply most fully meets) Ihofoliowing r with the requirements of 7 CFR Part 250 siandards. The legal services for parlicipatton in the U.S.D.A. provider(s)— program. (t) Has staff with expertise In specific [iv] A nutrition services provider must areas of law affecting older persons in - accept and use appropriate U.S.D.A. economic or social need; for example, food made available by the Stale public benefits, institutionalization and agency, and must assure appropriate alternatives to institutionalization; and cost effective orrnngements for the (it) Demonstrates the capacity to transportation, and use of the provide effective administrative and storage food. Judicial representation In (he areas of MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES manner, and (vii) Demonstrates the capacity to obtain other resources to provide legal services to older persons. (3) Each legal service provider must (1) Make efforts to involve the prlvale' bar in legal services provided under this part, including groups within the private. bar that furnish legal services to older persons on a pro lion and reduced fee basis; - (it) Ensure that no attorney of the provider engages in any outside practice of law if the director of the provider has determined that the practice is inconsistent with the attorney's full time responsibilities; (ill) Ensure that while employed under this part, no employee'and no staff attorney of the provider at any time— (A) Uses official authority. or influence for the purpose of interfering with or affecting the results of an election or nomination for office, whether partisan or nonpartisan; I - (8) Directly or indirectly coerces,! attempts to coerce, command or advise an employee of any provider to pay, . lend, or contribute anything of value to a political party, or committee, organization,agencyorperson for political purposes; - (C) Is a candidate for partisan elective publicoffice; or. (D) Engages in any voter registration activity. fiv) In areas where asignificant number of clients do not speak English as their principal language, adopt employment policies that ensure that legal assistance will be provided in the - language spoken by those clients;. (v) Adopt a procedure for affording the public appropriate access to the Act, regulations and guidelines under this, , purl, the provider's written policies, procedures, and guldelines; the names •' and addresses of the members of Its ' governing body, and other materials that the provider determines should be' disclosed. The procedure adopted must be approved by the area agency; and i (vi) Ensure that legal services are not ' provided in fee generating cases, as Federal Register / Vot: 45, No. 63 / Monday, March 31, 1980 / rtules and Regulations 21161 defined in 45 CFR § 1609.2 unless adequate representation Is unavailable from private attorneys; (vii) Ensure that no employee and no staff attorney of the provider shall directly or indirectly engage In activities intended to influence the passage or defeat of any legislation by the Congress of the United States or by any Stale or local legislative body or State proposals by Initiative petition except where— (A) Representation by a provider for a client is necessary with respect to such client's rights and responsibilitien (except that no employee shall solicit a client In violation of professional responsibilities for the purpose of making such representation possible); or (Il) A governmental agency, legislative body, committee or member thereof requests the provider to testify, draft or review measures or to make representations to such agency, body, committee or member, or is considering e measure directly affecting the eclivilies of a provider under this part; -and _. (vili) Ensure that, while providing legal services, no employee and no staff attorney of the provider engages in demonstrations, picketing, boycotts, or riolingar civil disturbance or any illegal activities,as defined at 45 CFR § 9612.1, 11612.2. 11612.3. (4)Each legal services provider that is not it Legal Services Corporation grantee must agree to coordinate Its services with Legal Services Corporation - grantees In order to concentrate legal services funded under ibis part on older persons with the greatest economic or social need who are not eligible for services under the Legal Services • Corporation Act. in carrying out this. requirement, legal services providers may not use ameans lest or require older persons to apply first for services through a Legal Services Corporation grantee. (d) Casopriorities, A legal service provider under this part may, with the approval of the area agency, set priorities for the categories of cases for which it will provide legal . representation In order to concentrate on older persons with the greatest economic or social need. in setting case priorities, a legal service provider may consider the availability of staff - resources in determining the extent of legal advice and representation to provide individual older persons. (e) Information about income and resources. A legal service provider may not require an older person to disclose Ihformalion about Income or resources as a condition for providing legal services under this part, A legal service provider may ask about the person's financial circumstances as a part of the process of providing legal advice. counseling and representation, or for the purpose of identifying additional resources and benefits for which an older person may be eligible. Information and Referral Services § 1321.161 Information and referral services. (a) The area plan must provide for Information and referral services sufficient to ensure that all older persons within the planning and service area have reasonably convenient access to the service. (b) In areas in which a significant number of older persons do not speak English as their principal language, the service provider must provide Information and referral services in the language spoken by the older persons. (c) "Information and referral service" means a system to link people in need of services to appropriate resources. A, provider of Information and referral services must— . (1) Maintain current Information with respect to the opportunities and services available to older persons; (2) Develop current lists of older persons in need of services and opportunities; and (3) Employ aspecially trained staff to Inform older persons of the Opportunities and services which are available and to assist older persons to take advantages of the opportunities and services. (d) An Information and referral services provider may disclose Information by name about an older person only with the informed consent of the older person or his or her authorized representative. Transportation Services §1321.171 Transportation agreements. The area agency (or the Stale agency In a single planning and service area State) may enter Into transportation agreements with agencies which administer programs under the Rehabilitation Act of 1973 and Titles XIX and XX of the Social Security Act to meet the common need for transportation of service participants under the sepnrale programs. Agreements entered Into under this section are exempt from the requirement of It 1321.207. Subpart I—Fiscal Requirements 11321.181 Allotments and grants to States. (a) Gonaral rulo. The Commissioner makes annual allotments to each State MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M01:11S to pay part of the costs of administration and services under the Stale plan. (b) Types of allotments. Each Slate receives separate allotments for - 11) State agency administration; (2) Social services including senior center services; (3) Congregate nutrition services: and (4) Home delivered nutrition services. (c) Amounts alloted forsocial and nutrition services. From the sums appropriated each fiscal year for social and nutrition services, each Stale is alloted an amount based on The ratio of its population age 60 and older to the national population age 60 and older except that— (1) Each State is alloted at least one. half of one percent; (2) Guam, the Virgin Islands, and the Trust Territory of the Pacific Islands are each alloted at (east one-fourth one percent; - - - (3) American Samoa and the Northern Mariana Islands are each alloted at < ' least one -sixteenth of one percent: and . (4) No State is alloted less than the Stale received for The Federal Fiscal Year 1978." (d) Amounts alloted forState , administration. From the sums appropriated each Federal fiscal year for State agency administration, each Stale is alloted an amount based on the ratio of its population age 60 or over to..',' the national population age 60 and ' older, except that= (1) Each Stale Is alloted at leastone•. half of one percent of.lhe sum i appropriated, or 500.000, whichever is greater: _. (2) Guam, American Samoa, the Virgin, Islands, the Trust Territory of the Pacific Islands and the Northern Mariana Islands are each alloted at leasfone• ! fourth of one percent or $75,000. whichever is greater. , (3) No Slate is alloted less than the Slate received for the Federal Fiscal Year 1975, (e) Grants. The Commissioner awards - grants to Ste tea from their allotments. (0 Limitation on use. Except as - provided In 111321.191.1321.195, and 1321,107; a Slate must use each allotment for the purpose for which it was made.. (g) Limitation on meaning of 'State". For the purpose of paragraphs (c)[I) and . (d)(1) of this section, "State" does not mean Guam, American Samoa, the Virgin Islands, the Northern Mariano Islands and The Trust Territory of the Pacific Islands. Service Funding Requiromants. §1321.183. Aran agency allotments. Except as provided In §§ 1321,59, . 1321.109, and 1321.105, a State agency aa9 21162 Federal Register / Vol, 45 No. 63 March 31, 1990 / Rules and must renllol Its entire social and nutrition services allotments to 31321.189 Long-term care ombudsman area agencies under approved area plans. The area agency must use each program. (a) The State agency must use allotment for the purpose for which it annually at least one percent of the Slate's allotment for social was made. services, or $20,000, whichever is greater, to operate 11321.18i Expenditures In rural areas, the long-term care ombudsman program (a) Cenemlrule. The State agency must spend required under 11321.43.(b) (b) The requirement under this part In each fiscal a paragraph (o) year for services to older persons in of this section does not apply in any rural P fiscal year in which the Stale spends or areas at least 105 percent of the the ombudsman program from State or amount spent under Titles III, V and VII local funds an amount of the Act In rural areas during the equal to the amount required In paragraph (a) of this _ Federal Fiscal Year, 1978 for social and section. nutrition services and multipurpose senior - (c) American Samoa,'Guum, the Virgin afMitcenters. (6J Definition Of rural area. For Islands, the Trust Territory of the Pacific Islands; and the Northern Mariana Purposes of this section, "rural area" means any area outside a Standard Islands are not subject to the requirement of parograph (a) of this Metropolitan Statistical Area (SMSA) as' section. • defined by the Department of Commerce: In planning and service 31321.181 Transfer between congregate areas which are not entirely and home delivered nutrition services • metropolitan or nonmetropolitan under funds under the State plan. - the SMSA definition, the Stateagency, (a) A State agency may, without the _ • ..for purposes of paragraph (a) of this aPProval of the Commissioner, transfer - section, must separately account for from one allotment to the other 15' " - _- `expenditures In the SMSA and non- percent or less of the State's separate SMSA areas. _ allotments for congregate and home 11321.187 -F11ty percent priori ly service ' delivered nutrition services, (b) A State agency may e 1 to the requirement. (a) Cenral rule.'An area agency must Commissioner to transfer from one 'allotment to the other a portion . ,spend at least 51) percent of its social , `exceeding 15 percent of the Stale s services allotment, excluding amounts " - used for administratian•under - separate allotments for congregate and home -delivered nutrition services. The 4 1321.183(c), for the following State agency must— categories of services, with at least' 'some funds spent In each category- (1) Specify the percent and the projected amount which the Slate (1) Services associated with access to other services. These services are agency proposes to transfer from one allotment to the other, and transportation, outreach, and ' information and referral; (2) Specify whether the proposed transfer is for the (2) In-home services. These services entire period of the Stale plan or a portion of the three ,. are homemaker and home health aide, ' year period. visiting andtelephonereassurance, and • chore maintenance; and CO The Commissioner approves the State agency's request by approving the (3) Legal services. State plan or plan amendment. The - (b) Waiver. The State agency, in Commissioner does not deny the approving'the area plan or a plan transfer unless the Commissioner • amendment, may: waive the requirement of paragraph (a) of this section for any decides that the transfer Is not - consistent with the purposes the category of service for which the area agency demonstrates to the Slate - " - of Act. ' 31321.193 Allowable use of funds for agency that the services provided from State and area plan administration. 1 other sources meet the needs of older - persons In the planning and service (a) Stale plan administration. - v a area for that category of service. The State develop (1) Except ae provided In 3 (1) E sept s the Siete agency • 3 -agency moat and apply criteria - that an area agency must satisfy in moat use its allotment for Slate plan order to obtain a walvex. (c) Revised expenditures. administration only to carry out the I Stale agency responsibilities specified In o the area agency receives y receives waiver for r any category subparts 6 and D. (2) The State agency may use any w t o(servlce, it moat ,callous .. to spend for. the remaining categories part of Its Slate plan administration of services the percentage of the area allotment which It determines Is not - needed for that purpose to . agency's social service funds agreed on. ,.,,by the State and areapgency. pay part of SI .the cost of the administration of area un plans. .. th MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 'IOINES l (3) The Slate agency in a State which Is a single planning and service area may use either the State's allotment for Stale plan administration or not more than 8.5 percent of its allotments for social and nutrition services for State plan administration. The Slate agency may not use both allotments for this Purpose, (b) Developing o Slate plan. The Commissioner may pay a State without an approved State plan, any part of Its - - allotment for Stale Plan administration to develop an approvable State plan. (c) Areo plan adminisimflon: The Stale agency may not award more than?� 8.5 percent of the total of its combined allotments for social and nutrition services for area plan administration. i 31321.195 Additional funds for State plan administratlon, lrule, If needs additional nal funds fohe r Slat tate plan administration, the State agency may apply to the Commissioner for Permission to use not more than three- i forths of one percent of the total amount allotted to it for social and nutrition ,! servlcea. (b) Application procedures. The Slate agency must submit -an application for additional adminlstralive funds In accordance with procedures specified by the Commissioner. The application must demonstrate that (1) The Stale agency needs the additional amount requested to fully and effectively administer Its State plan; (2) The State agency makes full and effective use of Its Slate administration allotment and of the personnel of the '+ Slate and area agencies; and , (3) The State and area agencies ale '..� carrying out, on a full time basis, programs and activities which support the purposes of this part. (c) Approval. The Commissioner approves any application that meet, the I requirements specified In Paragraph (b) of this section, (d) Restriction on employee salaries. A State agency must assure that no ands approved under paragraph (c) of his section will be used to fund a acency created by terminating an i mployce funded from other sources, 1321.197 6bllgation and reallotment. (a) Qeneral rule. Except as provided In paragraph (b) of this section, the Slate gency must obliguta any funds received oder this part during'1141fiacol your in . filch they are ellottad. (b) Reallolment. (1) If the Commissioner decides that a ale will not use an amount allotted der this part for the purPcan for which i o allotment was made, Igo Federal Vol. 95, No. 03 / March 31, 1980 / Rules Commissioner reallots the unused funds to one or more other Stales according to •- 111321.205 State agency maintenance of effort. their needs. The State agency receiving, these reallotted funds must ob)Igate Each fiscal year the State agency mus them by the end of the fiscal year spend under the State plan for both services and administration at least the following the one in which they are reallolted. same amount of State funds it spent (2) If an Indian tribal organization In a under the plan in the previous fiscal year to meet the required non -Federal Stale receives a grant under Title VI of the Act, the Commissioner share applicable to Its allotments under withholds a portion of the State's allotments for this part. If the Slate agency spends less than this amount, the Commissioner administration, social, and nutrition services. The amount the Commissioner reduces the State's allotments for social and nutrition services under this part by withholds Is ba3ed on the number of older Indians who are counted both for �;�.�.�•� a percentage equal to the percentage by which the Stale reduced its �'>.. purposes of the State's allotment under this part and the grant under Title VI. expenditures. The Commissioner reallots the withheld if 1321.207 Restriction on delegation of amount in accordance with paragraph authority to other agencies. • (b)(1) of this section. The Stale or area agency may not (3) If the Commissioner decides that a delegate to another agency the authority - Stale does not need for State plan ' administration any portion of the State's - to award or administer funds under this part. - allotment for State plan administration • the State agency may use the amount for Federal Reviews and Audits in Gefieral socialornutritionservices. 111321.199 Federal financial participatio (9) State plan administration: A Ste agency may use Its allotment for Slate plan administration to pay not more than 75 percent of the costs of administering the Stale plan. - •` (b) Area plan administration. A Slat agency may use not more than 0.5 ' percent of the total of Its combined allotments for social and nutrition services to pay not more than 75 perce of the costs of administering area plan (c) Social and nutrition services, (1) In Fiscal Years 1979 and 1000, a State agency may use Its'allotmeuts fo social and nutrition services to pay not - more than 90 percent of the costs of these activities. (2) Beginning in Federal Fiscal Year 1981.'a Slate agency may use Its allotments for social and nutrition services to pay not more than 85 perce of the costs of these activities. ¢ 1321.201 Non -Federal share - requirements.. , The non•Federnl shore may be mel either by allowable cost or third -party in-kind contributions, except as provided.§ 1321.203. . ¢ 1321.203 Source of non -Federal share. o x(a) At least 25 percent of the non- . 'Federal share In each Federal fiscal year must be In the form of allowable costs o the Sta;e or iocai public ngencies, or In The form or third -party in-kind contributions from local public agencies, (b) The 5 percent Increased non. Federal shore required under § 1321.199(c) must be In the form of • allowable costs of the Slate. 91321.213 Federal reviews and audits n. A Federal review or audit Is Is performed to determine if a State plan Is still approvable, and if the State agency operations and expenditures are proper under Federal requirements, and the approved Stele plan, A review or audit may cover any aspect of the Title III e.. program and may be performed by HEW, the General Accounting Office, or by another authorized agency. nt § 1321.215 Types and ellects of reviews a; and audits. (a) Types, The types of Federal reviews and audits most often r conducted an,— (1) Program and financial reviews described in 11321.217; and 1 (2) HEW Audit described in § 1321.2c 21andu111321.223. • (b) Effects. Any review or audit may lead to a disallowance, formal nt compliance action, recommendations'on how o Slate agency may improve the administration of its program, or offers of technicalassislance. Program and Financial Reviews § 1321.217 Program and financial reviews. (e) Rosponsibility for review. The Administration on Aging conducts program and financial reviews when it considers them appropriate. r (b) Review findings. The I Administration on Aging makes all review findings available In writing to the Slate agency so that it can correct any unacceptable policy or practice within a reosonoblo time. If a review results in a disallowance of a cost, the Commissioner will reduce the Slate's allotment by the amount disallowed, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -011S MOVIES 21163 61321.219 Issues of Compliance after review. t (a) Resolution of compliance issue. A compliance Issue may arise if the State fails to substantially carry out what is required by Federal requirements, Pertinent court decisions and the approved State plan. A compliance Issue arises If a previously approved plan provision no longer meets Federal requirements or was approved in error. if the Commissioner believes there is a' compliance Issue, the Commissioner tries to obtain needed changes in the agency's operating practice or the State - plan through negotiation with the State. (b) When Issues are not resolved. If the State agency does not make the changes necessary to bring about compliance, the Commissioner notifies the agency in writing that there is an Issue of compliance and advises it of its opportunity for a hearing under Subpart HEW Audit Agency Reviews and Audita ¢1321.221 Audil Agencyrepona. After an audit or review, the Audit Agency releases Its final report. The, report contains the Audit Agency's findings and recommendations on the Practices reviewed and the allawabilily , of expenditures audited.. §1321.223 Action after Audit Agency, reports If the Audit Agency questions an expenditure, the Commissioner may ... disallow the expenditure and reduce the State's allotment by the amount ; :1. disallowed. If the Audit Agency finds a compliance issue, the Commissioner, after discussions with the State agency, decides whether to takecompliance action and notifies the State agency.. . accordingly. Subpart J—Hearings procedures For State Agencies. General Provisions ¢ 1321.231 Scope. (e) General procedures. I leariug . procedures described in this subpart apply le'nollce and opportunity for d hearing on: _ (1) Disapproval are Stele plan or amendment; (2) Determinalfon that a Slate agency. does not meet the requirements of this part: (3) Determination that there is a failure In the provisions or the administration of an approved plan to substantially comply with Federal requirements. (b) Negotiations. Nothing In this Subpart limits negotiations between the aaq 21164 Federal Register / Vol. 45, No. 63 / Monday, March 31, 1980 / Rules and Regulations Department and the State. Negotiations on hearing issues are not part of the hearing and are not subject to the rules In this subpart unless there is a specific Indication to the contrary. The Department may terminate hearing procedures at any point if the Department and the State negotiate a written agreement that resolves the issue(s) which prompted the hearing: ¢ 1321.233 General rules. (a) How to get records. Papers filed In connection with a hearing may be inspected and copied in the office of the HDS Hearing Clerk. Individuals may direct Inquiries to the HDS Hearing Clerk, Department of Health, Education, and Welfare, 200 Independence Avenue SW., Washington, D.C. 20201. (b) How to file and nerve papers.' (1) Anyone who wishes to submit papers for the docket shall Ne with the HDS Hearing Clerk an original and two copiesexcept that only originals of exhibits and testimony transcripts need be submitted. ,'.(2) Anyone'Who wishes papers to be part of the record shall also serve copies on the parties by personnel delivery or by mail, and file proof of this service with the HDS Hearing Clerk. Service on a party'edesignated attorney is the . - • same a service on the party, " (c) When ruler are suspended. After notifying. the parties the Commissioner or the. presiding afficar may modify or.. waive any role in 111321.233-1321.261, If the Commissioner or the presiding officer decides the action Is equitable and does not unduly prejudice the rights of any party. Arrangementsfor Hearing :' ¢.1321.235 How to request a hearing. -(a) Cenral rule. A State agency has 60 days from receipt of the Commissioner's written notice of proposed disapproval of a Stale plan, plan amendment, determination that a Slate agency does not meet the .requirements of this part or intended complionce"actlon to request a hearing. The agency shall make its request in writing to the Commissioner with o copy to the Regionnl Aging Program Direbtor. (b) What happens if a State agency does not request a hearing. If the Slate, agency does not request a hearing within the time allowed by paragraph (a) of this secllon; the Commissioner makes a final determination and notifies the agency. by letter wholher AoA will withhold all further payments under the. ... . plan or only payments for those portions of the plan affected by the failure... _ ti_ ¢ 1321.237 How request Is acknowledged. (a) Notice of hearing. Within jo days of receiving a hearing request, the Commissioner notifies the Slate agency. In writing of the date, time, and place of the hearing and of the Issues to be considered. The Commissioner publishes the hearing notice in the Federal Register. (b) When hearing is held. The date set for a hearing Is 20 to 60 days from the dale the agency receives the hearing notice. However, the Stale agency and the Commissioner may agree in writing to a different date. 11321.239 What the hearing Issues are. (a) General rule. The issues at a hearing are those Included in the notice to the Slate agency specified in 11321.237. (b) How the Commissioner may add issues. At least 20 days before a hearing, the Commissioner notifies the agency by letter orany additional issues to be considered. The Commissioner publishes -this notice in the Federal Register. If the agency does not receive Its notice of additional Issues in the required time, any party may request that the Commissioner postpone the hearing. if a request is made, the Commissioner sets a new hearing date that is 2010 60 days from the dale the:. agency received the notice of additional issues. - (c) How actions by the State may cause the Commissioner to add, modify, or remove issues. The Commissioner may add, modify, or remove Issues if the State agoncy: '- (I)Changes its practices or organization to comply with Federal requirements and its State plan; or (2) Conforms Its plan to Federal requirements and pertinent court decisions. (d) What happens if State action causes the Commissioner to add, modify, or remove issues, (1) If the Commissioner specifies new or modified Issues, the hearing proceeds on these Issues. - .. (2)(1) If the Commissioner removes an Issue, the hearing proceeds on the. - remaining Issues. If the Commissioner removes all Issues, the Commissioner terminates the hearing proceedings. The Commissioner may terminate hearing proceedings or remove Issues befdra, during, or after the hearing. (ii) Before removing an Issue, the Commissioner notifies the parties other than the Department and the agency of the Issue and the reasons for removing . the Issue. With 20 days of the date of " this notice, the parties may submit comments In writing on the merits of the proposed removal. The Commissioner MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES n0HIES considers these comments and they become part of the record. ¢ 1321.241 What the purpose of a hearing Is. The purpose of the hearing Is to receive factual evidence and testimony, including expert opinion testimony, related to the issues. The presiding' officer may not allow argument as evidence. " ¢ 1321.243 Who presides. The presiding officer at a hearing Is the Commissioner or a person the Commissioner appoints. If the Commissioner appoints a presiding officer, the Commissioner sends copies of the appointment notice to the parties. ¢ 1321.245 How to be a party or an amicus curiae to a hearing. - (a) HEW and State agency. HEW and the Slate agency are parties to a hearing without having to request participation. (b) Other parties or amicus curiae. An Individual or group wishing to be a party or amicus curiae to a hearing may file a petition with the HDS Hearing Clerk no more then -15 days following publication of the hearing notice In the Federal ` Register. A petitioner who.wishes to be a party must also provide a copy of the petition to each party of record at that time. .. (c) What must be in a petition. A . petition must state concisely: (1) Whether the petitioner wishes to be a party or an amicus curiae; (2) The petitioner's interest in the, proceedings;` -" (3) Who will appear for the petitioner, (4) The Issue on which the petitioner wishes to participate; and (5) Whether the petitioner intends to present witnesses, if the petitioner' wishes to be a party. - .¢ 1321.247 What happens to a petition. (a) Petitions to be aparty. _ (1) The presiding officer determines If the issues to be considered at the hearing have caused the petitioner Injury and if the petitioner's Interest is within the zone of interest protected by the governing Federal statute. The presiding officer permits or denies the petition accordingly and promptly sends the petitioner o written notice of the decision. If the presiding officer denies the petition, the officer states the reasons In the notice. (2) Before making this determination, the presiding officer will allow any party to file comments on the petition to be a party. Any party who wishes to file comments must do so within 5 days of receiving the petition,. (3) If the presiding officer decides that parties by petition have common I G l.t MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Federal Register / Vol. 95, No. 63 / Monday, March 31, 1080 / Rules and Regulations 21165 - - interest, the officer may require that - other relief to a party against whom § 1321.259 What the record Is. they designate a single representative, discovery is sought; (a) Official transcript. HEW or may recognize two or more of these (4) Taking any action authorized by designates the official reporter for a . parties to represent all of them. (b) Petitions to be an amicus curiae. the rules in this subpart; (5) Making a final decision, if the hearing. The HDS Hearing Clerk has the official transcript of testimony, and any . The presiding officer. determines if the Commissioner is the presiding officer, other material submitted with the • petitioner has a legitimate interest in the proceedings and may contribute (6) Administering oaths and affirmations: official transcript. The parties and the . materially to the proper settlement of (7) Examining witnesses; public may obtain transcripts of testimony from the official reporter at the issues. The officer also determines if (6) Receiving or excluding evidence: rales that do not exceed the maximum the petitioner's participation would unduly dela the proceedings. The Y y P 8 and (6) Ruling an or limiting evidence or fixed by contract between the reporter and HEW. Upon notice to the parties, presiding officer permits or denies the petition accordingly and promptly sends discovery. (b) What the presiding officer may not the presiding officer may authorize transcript corrections. • the petitioner a written notice of the decision. if the presiding officer denies do. The presiding officer may not compel by subpena the production of Record. The record for the hearing - ' the petition, the officer orates the reason in This notice. witnesses, paper, or other evidence. (c) When the presiding officer's dec(b) is the transcript of testimony, exhibits, exhibits, and all other a papers end § 1341.249 Nights of parties and amicus authorityis limited. If the presiding P e officer is not the Commissioner, the requests filed in the proceedings except for the correspondence section of the . curiae. officer certifies the entire record to the ' docket. The record Includes rulings and (a) What rights parties have. A party Commissioner, including a - any recommended decision. ' may:- - -. recommended decision on each issue in After [be Hearing _ - (1) Appear by counsel or other the hearing, but may not: authorized representative In all hearing (1) Make a final decision; or 11321.261 Posthearing briefs.. - proceedings: (2) Recommend reduction or The presiding officer fixes the time for (2) Participate in any prehearin withholding of payments. filing g posthearing briefs. They may ' conference held by the presiding officer; i 1321.253 Discovery. contain proposed findings of fact and - - -A (3) Stipulate facts that, If uncontested - become part of thestaterecord;:. ; party has the right to conduct conclusions of law. The presiding officer may permit filing of reply briefs is (4) Make opening statements; '. (5) Present relevant evidence; discovery against other parties. These discovery proceedings are subject to §132"63 Decisions.' (0) Present witnesses who must be --available for mints Is 20-37, Federal Rules of Civil - procedure. The presiding officer (a) If the Commissioner is presldtng o icer. if the Commissioner Is the oral arcross-eguments at t (7) Present oral arguments et the . -" hearing; end promptly rules on any written objection : to discovery and may restrict or control presiding officer, the Commissioner ' issues a final decision within 60 days - (8) Submit written briefs, proposed - discovery to prevent undue delay in the hearing. If a party falls to respond to after the time allowed for filing posthearing or reply brief ." findings of fact, and proposed - "conclusions of law, after the hearing.. discovery procedures, the presiding . - - officer may Issue any order and impose ends. (b) If the Commissioner appoints a presiding officer, (b) WhatTighfa amicus curiae have. An amicus curiae may: any sanction (other than contempt - . (1) After the Ilene for filing' .: (1) Present an oral statement at the 'hearing at the time specified by the orders) authorized by Rule 37ofthe Federal Rules of Civil Procedure. - posthearing§ or reply biters ends. life presiding officer certifies the entire presiding officer, (2) Submit a -written statement of 11321.255 How evidence Is handled. (a) Testimony. Witnesses, under oath record, including his or her recommended ng hiso r he the -. recommended. Isl position to the presiding officer before the hearing begins; and or affirmation, give oral testimony at a hearing. Witnesses must be available al (m The Commissioner provides a copy (3) Submit a brief or written statement at the same time the parties submit the hearing for cross-examination by the parties. - of the recommended decision to she parties and any amici curiae. Within 20 briefs. If an amicus curiae submits a written - (b) Rules of evidence. Technical rules of evidence do not apply to hearings' , days, a o y Y party file'withthe -. Commissioner, exceptions to the ,. statement or brief the amicus shall' described In this subpart. The presiding - recommended decision. The party must file a supporting brief or statement with serve a copy on each party. '- officer applies any rules. or principles the exceptions. . ' Conduct of Hearing- _ - necessary to ensure disclosure of the. most credibly evidence available and to .:.� (3) The Commissioner reviews the .-n '11321.261 'Authority of presiding officer. subject testimony to cross-examination. Cross-examination may been any.. record and; within 60 days of the date of receipt of the presiding officers :. r,{(S;a` '-. (e) General rule. The presiding officer P g maintain a foie hearing, avoids material matter, re ardless.of the scoperecommended decielon, the - >rfir)L molilalia order and makes a record of cordo of direct examination. Commissioner Issues a final decision. The Commissioner provides copies'of the proceedings. in so doing, he or she has authority that Includes: § 1321.257 What happens to unsponsored written materials. the decision to all parties and any amici (1) Regulating the course of the hearing; Letters and other written material curiae. (c) If the Commissioner decides, after - (2) Regulating the participation and regarding matters at issue, If not submitted specincolly on behalf of a a hearing, that the plan or plan .' amendment Is not approvable; that I .. conduct of parties, amici curiae, and party, become part of the substantial noncompliance exists, or others at the hearings; correspondence section of the docket, that the Slate agency does not meet the - (3) Ruling on procedural matters and, This material Is not part of the evidence requirements of this part, the final it necessary, Issuing protective orders or or the record. ' decision states whether AoA will G l.t MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 21166 Federal Register / Vol, 65, No. 83 / Monday, March 31, 1980 / Rules and Regulations withhold all further payments or only - paymenls under portions of the plan affected by the failure. This also applies •. If the hearing J' terminates prior to ' completion. " ¢ 1321.265 When a decision Is effective. (a)The Commissioner's decision specifies the effective date for AoA's - reduction and withholding of the State's - - grant. This effective dale may not be _ earlier than the date of the Commissioner's decision or later than.. the first day of the next calendar. quarter.. ,- (b) The decision remains in effect i : eplesa reversed or stayed on judicial - - .. <'appeal, or until the agency or the plain are changed to meet all Federal ..:. requirements; except that the - .. ` Commissioner maymodify or set aside r:. his or her decision before the record of the proceedings undenthis subpart is filed In court . • 913213{7 How lha staN may appeal. -. i Statemay appeal• ci the U.S. Court - - - - I-`� • o(Appeals which has Jurisdiction in the State, the not decision of the, Commissioner disapproving the SlateLl plan or plan amendment, finding ( ' •. one Hance, or finding that a Stale '. egencydaes not meet. the requirements of this pert The State'musr file the" g appeal within 30'days of the -, Commlesionees final decision , T I_ 41321.269 -How the Commiisfoner may, , =::,• - . .. .:.•• f 01111011 the State's withheld payments. - The.Commissioner ,disburse'sfunds ' withheld from the State directly any ,to public or nonprofit private orgontzation ... ., ,. 'or agency, or polilical subdivision of the State, that has the authority and- „ oapse ty to carry.oaf the functlons'ef the < State and submits eStale plan whie meets the requirements of this port and which contains an agreement to meet the non federal ahare: I( ' requirements of 11321.199 ' Ira anu e¢wienlads•raao: a/e eml - E 91LLIaa Caae MMI Al • _ . .., , MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES F V_. 4 cn 1 S ..�YJ �u}treme C�uurt W. W. REYNOLDSON STATE CAPITOL CHIEF JUSTICE DES MOINES, IOWA 50310 February 10, 1981 NOTICE OF ORAL ARGUMENT To: Marion R. Neely, Iowa City, IA 52240 John W. Hayek, Iowa City, IA 52240 Re: No. 64373 - Oakes Construction Company, Appellant, vs. City of Iowa City, Iowa. The above referred to cause has been assigned for oral argument on Monday, March 9, 1981, 1:00 p.m. ' I After screening by a panel of three Justices, it.has been determined pursuant to rule 21(c), Rules of Appellate Procedure, that oral argument time should be limited to 15 minutes for each side and 5 minutes for reply by appellant. Multiple appellants or appellees, if any, must share the time allotted. This is the only notice you will receive from the court. W. W. eynoldson Chief Justice WWR/nr i MICROFILMED BY 'JORM MICROLAB :CEDAR RAPIDS -DES MOINES a3o Hawkeye Medical Supply, Inc. ` February 9, 1981 RECEIVED FE 1 0 1981 • oIDwv --------------- The Mayor and Members of the City Council Civic Center 4r0 East Washington Street ;a Iowa City,''IA -52240 r, l� n '�J•v Honorable Gentlemen and Ms. Neuhau'ser. I Medi u may know, I am the own er,'president';and chief: executive officer Of Hawkeye Medical Supply; Inc., whichr,., located at5225,E. Prentiss Street. In :October. 1977, we erected ,a fine new facility`on.this site_:which'was'previously two vacant lots of weeds with scrap metal and,i*other 'junk stiewn over it. ��.u.. - � My.buildin j g;Pto ect was notsyithoutvdifficul' e 4-1i in my view, 's were ,on 'a t gone -to a`cc rip It I am trying pecifie ;,Maey�jspeci�fic requirementsswere averyfcostlyuto meir artAndnt , deed3needle'ss. For example,, because of. the flood plain icson Japproximatel}Tz'$12,000 worth.of dirt thetwas put s' iicap access °(erevator)., It alsodchagI ngedamyoentire,parking (These things in addition to the tree `ordinance '(which'.; ing;some wery�oldlexisting trees to plant -a few new ones =� n 11.1 get., that changed) in my estimation were un= ulld rt tlsimply this. Re6ently. I decided to upgrade the g„ andI cabled%in�a ontractor who;.specializes';in ' anon:He 1'ooked;at thelrooisupport system`of my build ing,.'ascertained'the manufacturer, aad,advised me to"fiave he building `checked for too f csystem bhadaansnowdloa,,,apaci,tyiof&just undecW20J16sdumbfoe=d9du8Lelfoot wthat the hen`, the building code :.requires 30 1bs.'per squyd foot.. 'And, the plans for my building say that its capacity is indeed`30 1{bs�A l s ' Mrt P- 4s i y^%45��' y point in writing'is to complain tthatEthe building officials of Iowa City could find"a number ;of trivial and pet%objections to my build1og; the rectifying of 1 which cost me:peedless'expense, but, didn't+''catch. the ; very "real danger' to me'' m em 10 ees `tz- t`atch"'�`0 ejone� tem that' constituted a Y system had a capacity of 2/3.of`what�it was.supposedltouhave andhwhet iEf uppo ssaidrit had. - is What ;is the purpose.of rigorous plan examination 3f it .doesn't protect the: public from real deficiencies? Those, building officials_ required us to"have lighted exit aigns`over employee doors in the ,warehouse, huge .restroom facilities with ali the ----------------------- I I 225 E. PRENTISS ST., IOWA CITY, IOWA 52240 - (319) 337.3121 a3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES r a MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES I■ 1 { 1 61 rl MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES I■ February 18, 1981 Mr. Ted Pacha, President Hawkeye Medical Supply, Inc. 225 E. Prentiss St. Iowa City, Iowa 52240 Dear Mr. Pacha: Thank you for your letter of February 9, 1981, to the Mayor and the City Council. The City records indicate that the plans for your building were approved by a professional engineer who is registered in the State of Iowa. He certified that the building is designed for a snow load of 30 pounds per square foot. This met the building code requirements for snow loading for a building of this type under the codes in effect at the time of construction. The City accepts the professional judgement of any registered engineer or architect. There are several legal avenues available for any party alleging damage by the actions of a registered engineer or architect. Recently the City discussed this matter with Noel Willis, P.E., whom you employed to investigate the alleged deficiency in the structure. Apparently Mr. Willis' investigation indicated that the structure as designed did not afford a 30 pound per square foot snow loading. Consequently, because of the alleged deficiency in design, you concluded a satisfactory financial settlement with the engineer who originally approved the design of the building. Apparently, the remedial work was paid for by the engineer. Your letter also references other Code areas, such as the floodplain ordinance enforcement, handicapped accessibility, parking and the tree ordinance, along with restroom requirements and exit sign placement. The City staff is obligated also to enforce these Codes of the State and of the City. If you ever have any other concerns relating to City services, please give me a call. Sincerely yours, Neal 'G. Berlin City Manager bj/sp cc: Members of the City Council Director, Dept. of Housing & Inspection Services Noel Willis i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES L'. a31 __7 Cliyti /G!/LC��re� .CO tL.�`c-/-s2� iL� ✓f'1.eiC-G'rL�� G �t.�!/GL-r<s p �ncf'�•L� 7/,,�/GSC /��� ��-L�=.,[✓,� ,C/L� GeiL/.�Lr /��� N-� L- ttiLLu/ Y�LGc% c� �LLJ PiJLGCeGJ .�(iicr �jE- ��i`-L� � GL GGi �✓iL ✓(//� yj/ �LG4GL .GU �Ccv •-���r-'�'-' Z�.L�G'/�- ice•` �G�-cam �i`/�JiO7iLLUN ✓�G/ � ����"-G/Q-Q ./JJ`` `�� 'r+GIrL.� . FEB2 0 1981 ABBIE STOLFU- rITY rl FRK MICROFILMED BY 1-JORM MICROLAB ; CEDAR RAPIDS -DES MOINES L, a3� J� Clty of Iowa CI MEMORANDUM Date: February 19, 1981 fr,: Honorable Mayor and City Council From: James Brachtel, Traffic Engineer,,�•l l Re: Commercial Vehicle Loading Zone - 500 Block of South Capitol Street As directed by Section 23-16 of the Municipal Code of Iowa City, this is to advise you of the following action: ACTION: Pursuant to Section 23-287 of the Municipal Code of Iowa City, the City Traffic Engineer will direct that signs be installed so as to designate a commercial vehicle loading zone on the west side of the south 70 feet of the 500 block of South capitol Street. This action will take place on or shortly after 6 March 1981. COMMENT: This action is being taken to designate a commercial vehicle loading zone near the delivery door of the new county jail. This action is being taken at the request of the county sheriff's office. . bdw4/6 j MICROFILMED DY 'JORM MICROLAB ' CEDAR RAPIDS -DES -MOINES ltLoll FEB 1 9 19 81 SBIE STOLFUS CITY CLERK ash a L" -T y city of Iowa MEMORANDUM Date: February 19, 1981 To: Honorable Mayor and City Council From: James Brachtel, Traffic Engineerl� Re: Parking Prohibition in the 500 Block of South Capitol Street As directed by Section 23-16 of the Municipal Code of Iowa City, this is to advise you of the following action: ACTION: Pursuant to Section 23-234 of the Municipal Code of Iowa City, the City Traffic Engineer will direct that signs be installed on the west side of the north 50 feet of the 500 block of South Capitol Street so as to prohibit parking at all times. This action will be taken on or shortly after 6 March 1981. '1101I; VIoaf This action is being taken to prohibit parking at all times in the area between Harrison Street extended and the north driveway entry into the new Johnson County jail parking area. This action is being taken at the request of the Johnson County sheriff's office so as to provide better visibility for sheriffs' vehicles and visitors leaving the parking area. bdw4/7 i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIOS•DES'MOINES I FEB 1 9 1981 18BIE STOLFUS Clay CLERK 235 ■® Clfw of 10%wa [_li MEMORANDUM Date: February 19, 1981 To: Honorable Mayor and City Council ��,, From: James Brachtel, Traffic Engineerx``'� Re: Stop Sign on Lafayette Street at Clinton Street As directed by Section 23-16 of the Municipal Code of Iowa City, this is to advise you of the following action: ACTION: Pursuant to Section 23-160 of the Municipal Code of Iowa City, the City Traffic Engineer will direct that stop signs be installed on Lafayette Street at its intersection with Clinton Street so that vehicular traffic on Lafayette Street yields to Clinton Street. This action will take place on or before 6 March 1981. COMMENT: In the process of field review, it has been discovered that there have not been stop signs at the above -referenced location. The installation as noted above is consistent with the City's policy of protecting the right- of-way of designated arterials and collectors. bdw4/5 j MICROFILMED BY �JORM MICROLAB CEDAR RAPIDS•DES'MOINES F, EI Q lr� r 1 919;,1 l!J, 4 BQ'ry C` STLF.US ;L3 V - City of Iowa Cit' MEMORANDUM Date: February 10, 1981 lo: Honorable Mayor and City Council from: James BrachteI, Traffic Engineer Re: Stop Sign Installation at Spencer Drive As directed by Section 23-160 of the Municipal Code of Iowa City, this is to advise you of the following action. ACTION: Pursuant to Section 23-160 of the Municipal Code of Iowa City, the City Traffic Engineer will direct that a stop sign be installed at the intersection of Spencer Drive and Benton Street so as to protect the right of way of Benton Street. This action will be taken on or shortly after February 26, 1981. COMMENT: Spencer Drive is a street of a new subdivision in western Iowa City. Two homes are presently in the final stages of construction and more homes will be constructed in this subdivision in the near future. A stop sign placement noted above is consistent with the City's policy of protecting the right of way of the City's designated collectors and arterials. tp2/7 FFf3I ABBIE S7r. l j j(! CISYCLERK I:; 1 MICROFILMED BY 'JORM MICROLA13CEDAR RAPIDS -DES 1401NES 233 K L, STAFF REPORT To: Planning & Zoning Commission Prepared by: Doug Boothroy Item: 5-8102. Resubdivision of Date: February 5, 1981 Spring Valley, Subdivision, Parts 1 and 2 GENERAL INFORMATION Applicant: Spring Valley Development Requested action: Purpose: Location: Company 1902 Broadway Iowa City, Iowa 52240 Preliminary and final plat approval of the Resubdivision of Spring Valley Subdivision, Parts 1 and 2. To subdivide a tract of land into 62 single family lots. A miles north of the city limits on county road W-66 (old Highway 218) and within the City's area of annexation. Size: 96.39 acres Response time: March 3, 1981 ANALYSIS This is the third submittal regarding the subject addition all of which have been reviewed by the City of Iowa City with recommendations of denial being forwarded for both the preliminary and final plats. The most significant problem not resolved with any of these submissions, including the subject application, regards the question of safe and adequate access to a development of this size. The resubdivision of Part 1 is proposed to accommodate minor alignment changes in the road system (i.e. offsetting of Spring Valley Drive and Forest Hill Place), and the inclusion of an additional four acres labeled as outlots G and F, new lot 61, and the expansion of lots 2, 3 and 4. The preliminary and final plat of Spring Valley Subdivision, Part 2 is a one lot subdivision on the western boundary of Part 1. Both of these submittals are consistent with the previous application reviewed by Pat Keller, the staff report of which is attached hereto. The staff concerns raised by Pat Keller have not been ameliorated by this application. j MICROFILMEO BY `JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES aa� 2 RECOMMENDATION As in the cases of the previous submittals, the staff recommends that the City of Iowa City forward a recommendation that the preliminary and final plats be denied. DEFICIENCIES AND DISCREPANCIES 1. State width of easements along street right-of-ways. 2. The grade of the proposal streets should be shown. 3. The plat should be revised to show conformance with the•Stormwater Management Ordinance. 4. The plat should be revised to show conformance with the Rural Development Standards regarding streets. 5. A fire rating should be established and a letter of approval from the fire protection district (North Liberty) for mains, hydrants and pressures should be provided. 6. Signature blocks for the utility companies should be provided. 7. Street names should be consistent with the City's street naming classification system. 8. The legal papers are not in order and should be revised. 9. Extend watermains to lots 2, 6 and 61. 10. The angle of intersections between lot lines and street lines should be between 80 and 100 degrees. 11. Streets within the subdivision should be redesigned to eliminate four -legged intersection. 12. All culverts for drainage within the subdivision should be shown. 13. Right-of-way width for Sand Hill Court and Highpoint Court should be shown. 14. See attached Staff Report for further deficiencies. ATTACHMENTS 1. Location map. 237 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES 0 y - I 3'1 ALVILIF MICROFILMED BY .JORM MICRO_ LAB -CEDAR RAPIDS -DES 1401NES I rA STAFF REPORT To: Planning & Zoning Commission Prepared by: Pat Keller Item: Spring Valley Subdivision Date: July 17, 1980 S-8009 I GENERAL INFORMATION: I Applicant: Spring Valley Development Co. 1902 Broadway Iowa City, Iowa 52240 Requested action: Final plat approval. Purpose: To subdivide 62 single family lots. Location: 2h miles north of the City limits on County Road W-66 (old Highway 218). Size: 96.39 acres. Response Time: August 2, 1980 ANALYSIS: The subject addition is located territorial outside Iowa City's two mile extra control area but within Coralville's. As per the annexation agreement entered into between Iowa within Iowa City's City and Coralville, the subdivision is "area side of the established of -jurisdiction" and is, therefore, forwarded to Iowa City for findings Coral viIle takes action on August 2, and recommendations before 1980. L." The final plat has been altered from the preliminary plat reviewed by the City. Some of the changes include: I. The inclusion of street easements is an improvement in the overall project design. At this time, traffic circulation will provide a heavy burden on W-66 at the intersection of Southview Drive. Within the subdivision three road easements and one road connection to W-66 have been added in the final plan. The three road easements will not provide improved access at this time, but with future development they could be utilized. The proposed additional road (unnamed) in the subdivision links with a deteriorated single lane unimproved dirt drive which connects the middle portion of the subdivision with W-66. In its existing state, this unimproved dirt lane does not provide an adequate secondary means of access. As stated in the review of the preliminary plat, a single means of access is not adequate (attached please find Staff Report S-7822). Therefore, the final plat should not be approved unless the proposed secondary means of access is improved to standards equivalent to those streets within the subject addition. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES P3 7 I— L" 3 2 The final plat shows a considerable amount of open space easements which should enhance the ambiance of the project. These open space easements provide a unique attribute to the development of this project. The project design appears to complement the natural attributes of the project area. The number of lots has been reduced from 74 on the preliminary plat to 62 on the final plat. Also the overall size of the subdivision has changed from 94.2 acres on the preliminary plat to 96.39 acres on the final plat. These changes involve the addition of land on the northeast section of the plat and the removal of some land on the northwest section of the plat. These changes reflect improvements in traffic circulation and land density. 4. Lot 50, which is shown as an undeveloped lot on the final plan, had on the preliminary plan been depicted as developed land. The use of this is designated for future development. 5. The final plat is considerably different from the preliminary plat which was reviewed by the City. If the final plat is not in substantial compliance, then the approved preliminary plat (which Iowa City did not review) should be amended and submitted to the City for review. RECOMMENDATION The staff recommends that the final plat be denied unless the concerns mentioned above and that questions raised in the deficiencies and discrepancies section are properly addressed. DEFICIENCIES AND DISCREPANCIES: 1. Seven lots marked with alpha characters A through G are shown on the final plat. The uses of these seven lots should be specifically designated and stated on the final plat. 2. Lots 62 and 1 have double frontage; access to these lots should be stipulated as having entrances on Sand Hill Drive, and Sand Hill Court respectively. 3. Signatures of the utility companies should be provided. 4. Legal documents are not in order and should be revised to ipclude future dedication documents for additional right-of-way along existing County roads. 5. Signature of a registered land surveyer should be provided. 6. Chord dimensions should be provided for curve data. 7. The street beteween Lots 11 and 12 should be named. 8. Some of the lot lines do not intersect the right-of-way between 80' 100°. MICROFILMED BY 'JORM MICROLAB .CEDAR RAPIDS -DES MOINES Z7 0 3 9. Center line curve information is needed for the intersection of Sand Hill Drive and Southview Drive. 10. Parkway easement dimensions should be labeled where they decrease from 100' to 50' on Lots 40, 41, 30 and 56. 11. The parkway easement bisecting the north and south ends of the subdivision is incorrectly diagramed. 12. There are three errors between the boundary and legal descriptions. A. The west boundary of Lot 50 should be S 0011145" W instead of S 0011'45" E. B. The north line of Lot 62 should be S 60001133" E instead of S 60001'38" E. C: The south line of Lot 7 should be S 85043130" W instead of S 85042130" W. ATTACHMENTS Location map. Spring Valley Subdivision preliminary plat Staff Report. ACCOMPANIMENTS Final plat. j f) Approved by a chm Iser, cting erector c(epartmen of Planning and Program Development I j MICROFILMED BY !JORM MICROLAB CEDAR RAPIDS -DES -MOINES aa7 STAFF REPORT In: Planning R /oiling Commission Prepared by: Doug Bool,hroy Item: S-8101. Linder Valley Date: February 5, 1981 Subdivision GENERAL INFORMATION Applicant: Furman Construction 2305 Cae Drive Iowa City, Iowa 52240 Requested action: Preliminary plat approval Purpose: Seven lot residential subdivision Location: North side of Linder Road west of Prairie du Chien Road Size: 15.04 acres Existing land use and zoning: Undeveloped and County RS Surrounding land use and zoning: North - undeveloped and County RS East - undeveloped and County RS South - undeveloped, single family and County RS West - single family and County RS Comprehensive plan: The area is designated for residential development at a density of one dwelling unit per acre. Applicable regulations: Requirements of the Subdivision Code and Storm Water Management Ordinance 45 -day limitation period: 3/1/81 SPECIAL INFORMATION Public utilities: Public utilities are not presently available. Sanitary sewers and water mains will be privately owned. Public services: Police protection will be provided by Johnson County. Fire protection will be provided by the City of Coralville. Transportation: Vehicular access is north from Linder Road. Physical characteristics: The topography is gently sloping to steep (2-25%). j MICROFILMED BY `JORM MICROLAB 'CEDAR RAPIDS -DES MOINES c asg '. r. 2 ANALYSIS It is envisioned by the staff that the cul-de-sac street (Linder Valley Drive) proposed to serve the seven lots within this development should also provide future access to the east and north of the subject subdivision. In effect, Linder Valley Drive would eventually function as a collector street for future developments in this area. To accommodate this concern, the applicant should provide an access easement to the adjacent property owner to the east at the time of the consideration of the legal papers with the final plat. Also the street alignment should be changed to provide a more gradual curve by increasing the radiuses of the reverse curves proposed near the entrance to the subdivision. There are two other substantive problems that need to be resolved prior to the consideration of the preliminary plat; that is, conformance with the Storm Water Management Ordinance and the Rural Development Standards regarding streets. The applicant has informally indicated to the staff an interest in pursuing with the Planning and Zoning Commission the possibility of a recommendation waiving these requirements. RECOMMENDATION The staff recommends that consideration of the preliminary plat of Linder Valley Subdivision be deferred. Upon revision of the plat correcting the deficiencies and discrepancies noted below and the incorporation of the concerns mentioned above, the staff recommends that the preliminary plat be approved. DEFICIENCIES AND DISCREPANCIES 1. rhe plat should be revised to show conformance with the Storm Water Management Ordinance. 2. The plat should be revised to show conformance with the Rural Development Standards regarding streets. 3. The reverse curves proposed for Linder Valley Drive are too sharp and the radiuses should be increased as to make the curve more gradual. 4. A fire rating should be established and a letter of approval from the fire protection district (Coralville) for mains, hydrants and pressures should be provided. 5. The proposed water system is in non-conformance with the Rural Development Standards and should be revised. 6. Existing utilities along Linder Road should be shown. 7. A note on the plat should be provided indicating that future access would be provided to the east pursuant to City/County requirements. 8. Linder Valley Drive should be renamed either Linder Valley Court or Linder Valley Circle. i I MICROFILMED BY JORM MICROLAB CEOAR RAPIDS•OES MOINES Lr 2381 .1 f.. 3 9. A note should be provided on the plat indicating that 33 feet from the centerline of Linder Road would be dedicated to the City for a future arterial street right of way upon annexation and acceptance thereof. 10. Contours should be provided at five feet intervals or less. 11. The radius of the cul-de-sac should be indicated. 12. The percent of grade for Linder Valley Drive should be shown. AIIACHMENTS Location map ACCOMPANIMENTS Preliminary plat of Linder Valley Subdivision. Approved by: ,Pl D ald Schm ser, Acting Director Department of Planning and Program Development j MICROFILMED BY 'JORM MICROLAB !CEDAR RAPIDS -DES MOINES Im j. MICROFILMED BY 'JORM MICROLAB ('CEDAR RAPIDS•DES MOIRES y - - -LDERLY SERVICES AGENT-. of Johnson County 1105 Gilbert Court lnust City. IA 52240 319/354.2505 Lucy Luxenburg-Executive Director Marian VanFossen-President i -o: Members of the Iowa City Council From: Elderly services Board of Directors JI!•r�' i iDate: February 23, 1981 At the Iowa City Council Budget Ilearing on I•'ubruary 3, 1981, Iluman Services planner, Pam Ramser introduced the ESA by stating that it is "on Lrial" because it is a new agency. our Board of Directors is greatly concerned that r.hese introductory remarks involuntarily set a negative tone and did not accurately present the criteria upon which our agency should be considered. To the best of our knowledge, no tool was used to measure the development of our services since we began operation on July 1, 1980. In addition, our Executive Director, Lucy l.uxenburq, was asked why the City should fund the Senior Center and ESA Loo. 'Phis is a l.agi.timate question and one which we would like to address the City by asking whether or not it wants to provide "direct . services" to the elderly. The amount of addi.Lionalfinding this agency requested is less than ti of that which is being recommended just for the administration of the Senior Center. The Senior Center budget does not reflect direct services --it reflects adminis- tration. Many elderly citizens have stated that they would like to be given the oppor- Lunity to assist in the coordination and oporaLian of the Senior Center. We recommend Lhat the City give the elderly this opportunity, and in turn eliminate a costly and unnec- essary expenditure. The funds saved thereby could be used to strengthon other direct :service providers in this community. Our agency has bcon increasing its set -vices In the elder Ly on an average of 31% a munch since it opened its doors July 1, 19110. The XSA provides services to ANY senior citizen. It is funded to deliver services that Lhe elderly have staLed were once lacking 1n this community. These are services which enable Lhr_.m to stay in their homes and apart- ments as long as possible, assist- them in adjusting to the demands and changes of aging, connect them with the appropriate resources when needed, and advocate on their behalf when their rights are in jeopardy or are being abrogated. With our present funding we aro almost at a point where we will have to be selective as to whom we serve which is cunlrary to our philosophy and purpose. if it is our purpose to .identify and meet the ncods and concerns of the elderly, we must be allowed to grow. lie cannot do this with- out your support and assistance. we have enclosed a list of the various; services offered by this agency and somr addi- tional information which we hope will aneisC you in understanding and learning more about us., cc: Senior Center Commission Members Neil Berlin, City Manager Pam Ramser, Human Services Planner Dette I•feisel, Senior Center Coordi:aLor. II r� 1,1,/jvr (7 LS LS I� FEB2 41901 D ABBIE STOLFUS CITY CLERK a �3 j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES _LDERLY SERVICES AGENT . of Johnson County 1105 Gilbert Court Iowa City, IA 52240 319/354-2505 Lucy Luxenburg-Executiue Director Marian VonFossen-President i t The following list is an example of the services Lint. Lha Elderly Services Agency IE provides to senior citizens of this co;mnunil.y. i i ), INFOILt1ATI0N AND REFERRAL: Consumer infurmaCion, discount. information, transportation 1 information, housing iuturmation, nutrition information, etc. Referrals to Che Department of Social Services, Visiting Nurse ' Association, Congregate Meals, home Delivered Meals, IIACAP, Family Practice, "GO Plus Place, etc. (and visa-versa). SOCIAI, SERVICES: In-home support services such as homemaker service, chore, telephone reassurance, friendly visiting, escort: services, shopping assistance, counseling services including individual support to deal with death and dying, the loss of: significant others and familiar support systems, the aging process, intergenerational. conflicts, etc. OUTREACH SERVICES: Home visits for assessment, consoling, support, and transition to other support services; to lucal.o the elderly in need of care within the cotmnwnity to facilitaLe their contact with available caregivers i agencies. VOLUNTEER SERVICES: Training, supervision, recruitment, and evaluation of volunteers who are from various segments of Lho community. They provide many of the social services requested and needed by individuals on fixed or low incomes. ADDITIONAL, SERVICES: Assistance with moving and housing-relocation; retirement counsel- ing, financial management; speaker's bureau; assistance with recrea- tional programs; la'aining and research for students who want to enhance their understanding of the elderly; data collection, analyses and study related to the fiold of aging; monitoring and evaluating impact of services on recipients of services; coordination of ser- vice providers; participation in other agency programming, and raprosontriLien of agency con,:r.rns throughout: the community; legis- lative advocacy; group an4 individual advocacy. I 01,13 MICROFILMED BY 'JORM MICROLAB j CEDAR RAPIDS -DES MOINES i F CITY OF IOWA CITY PROPOSED FY1982 OPERATING BUDGET As a result of the City Council's Budget Review, the Proposed Budget dated January 6, 1981, is changed as follows: GENERAL FUND Receipts - Total per Proposed Budget Increases: Property Tax Development Programs (CDBG) Decreases: Housing Permits JCCOG-Updated Budget Revised Total Receipts Expenditures - Total per Proposed Budget Increases: Plan Administration-Riverfront Commission Expenses City Council -Aid to Agencies Recreation -Aid to Agencies Health & Life Insurance Decreases: Fire -Eliminate Chain Hoist and Add Two Lawn Mowers Government Buildings -Eliminate Carpeting JCCOG-Updated Budget Engineering -Eliminate Print Machine Travel Expense -Reduce all Travel Budgets by 10% Revised Total Expenditures TRUST AND AGENCY FUND Receipts - Total per Proposed Budget Increases: None Decreases: Property Tax Revised Total Receipts i MICROFILMED BY ( 'JO RM MICROLAB CEDAR RAPIDS -DES MOINES $ 9,427,137 8,666 10,160 (25,000) 699 $ 924212662 $ 9,670,428 500 388 3,300 80,000 (100) (1,500) (453) (10,000) (7,500) $ 9,729,063 $ 1,138,315 (80,000) $ 1,058,315 arra (TRUST AND AGENCY FUNDS CONTINUED) Expenditures - Total per Proposed Budget Increases: None Decreases: Health & Life Insurance Revised Total Expenditures $ 1,164,304 (80,000) $ 1,084,304 Attached are revised FY81 and FY82 Projected Financial Summaries (pages 194- 195 in the Proposed Budget). In addition to the above listed revisions, the Capital Projects Funds have been removed from the Financial Summaries as they will not be included with the FY82 Operating Budget. Instead, a separate Five Year Capital Improvements Budget, which includes the FY82 Capital Projects Budget, will be prepared. TAX LEVY: The tax levy amount (page i, Proposed Budget) has been revised as follows: --------- EY81-------- -------- EY82-------- Assessment Assessment { Dollars Per $1,000 Dollars Per $1,000 General Fund 4,840,154* 8.100 5,170,566 8.100 Tort Liability 110,544 .187 258,126 .407 Debt Service 1,500,648 2.533 1,409,065 2.222 Trust & Agency 1,006,264 1.699 958,634 1.512 7,457,610 12.519 7,796,391 12.241 Ag. Bldgs. & Land 5,783 3.004 5,825 3.004 TOTAL 7,463,393 7,802,216 *Includes monies and credits of $28,416 and military credit of $13,715 in FY81; in FY82, monies and credits of $28,494 and military credit of $6,500 are included. This levy of $12.241 reflects a decrease in the tax rate required for FY82 and represents $423.92 per year on the assessed value of the average resi- dential property in Iowa City. As of January 1, 1980, the City Assessor computed the assessed value for the average residential property, after the rollback, to be $34,631. This compares with the prior year's assessed value of $33,437. The total assessed value upon which taxes are levied in Iowa City has increased from $592,348,513 to $634,021,232 as of January 1, 1980. The revisions made to the originally proposed tax levy were: 1. An updated assessed valuation amount received from the County increased tax dollars by $8,666 while reducing the tax levy by $0.008 per $1,000. i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES-MOINES L,, ai/;. 2. The Council decided to pay all health and life insurance costs for General Fund budgeted employees out of the General Fund instead of levying $80,000 under the Trust & Agency levy for a portion of this cost. This reduced the dollar amount of the Trust & Agency taxes and total taxes by $80,000, or a decrease in the Trust & Agency levy of $0.126 per $1,000. Therefore, the total effect was a decrease in tax dollars of $71,334 and a decrease in the tax levy of $0.134 per $1,000. The increase or decrease in FY82 city taxes over FY81 city taxes for the three major property groups is computed in the following. This computation does assume that the assessed valuation for the property remains the same for both fiscal years taxes. RESIDENTIAL: FY81 FY82 Assessed Valuation $ 40,000 $ 40,000 Rollback Factor .643801 .667355 Taxable Valuation $ 25,752 $ 26,694 11000 — 11000 $ 25.752 $ 26.694 Levy per $1,000 x 12.519 x 12.241 TAXES $ 322.39 $ 326.76_ 1.4% Increase COMMERCIAL: Assessed Valuation Rollback Factor Taxable Valuation Levy per $1,000 TAXES INDUSTRIAL & PERSONAL PROPERTY: Assessed Valuation Rollback Factor Taxable Valuation Levy per $1,000 TAXES L, FY81 _ FY82 FY82 _ $ 100,000 $ 100,000 889872 $ 100,000 .931854 $ 88,987 $ 93,185 1,000 = 11000 $ 88.987 $ 93.185 x 12.519 x 12.241 $1,114.03 $1,140.68 2.4% Increase FY81 FY82 $ 100,000 $ 100,000 N/A N/A $ 100,000 $ 100,000 — 11000 - 11000 $ 100.00 $ 100.00 x 12.519 x 12.241 $1,251.90 $1,225.10 2.2% Decrease j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES --I i FY81 Revenue Reductions - State's Cutbacks 52,526 - RUT Reduction 47,744 $ 476,114 Unrestricted: 765,478 $1,241,592 A portion of the unrestricted balance has been designated for the purchase of the Recreation Center parking lot. This unrestricted balance compares with a projected unrestricted balance of $886,780 projected for June 30, 1981, in the FY81 Budget. If actual revenue from State Municipal Assistance or Federal Transit Operating Assistance is found to be less than projected in the Proposed Budget the Council is committed to reviewing the FY82 Budget for increases to other revenues, decreases to expenditures, or a combination of both in order to balance the Budget and provide for an unrestricted year- end balance of approximately $700,000. PUBLIC HOUSING This information packet serves as an addendum to the Proposed FY82 Budget dated January 6, 1981, and is now submitted for review and discussion at the Public Hearing scheduled for February 24, 1981, at 7:30 p.m. in the Council Chambers. The City Council is scheduled to formally approve the Budget at its regularly scheduled meeting on March 10, 1981. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 1 AID TO AGENCIES: The following shows the Council's preliminary proposal for Aid to Agencies funding for FY82: FY82 AGENCY __ STAFF MORE![ AGENCY FY80 FY81 REQUEST PROPOSAL PROPOSAL United Action for Youth $ 30,000 $ 30,000 $ 32,000 $ 30,000 $ 30,000 i Mayor's Youth 23,133 20,000 22,000 21,000 21,000 Elderly Servs. 19,800* 20,000 23,400 21,400 21,400 Pals 13,763 15,500 20,000 19,000 17,000 Rape Victim Adv. 9,515 9,515 8,073 8,073 8,073 Crisis Center 5,000 5,000 81000 7,600 6,000 Willow Creek 5,615 4,800 81000 7,600 5,800 Transient Program 2,500 2,500 2,500 2,500 2,500 g Youth Hames 8,000 -- 3,500 -- -- Domestic Violence Project** -- -- 51000 4,750 4,750 Boys Baseball 1,284 1,100 *** -- -- Babe Ruth 1,284 11100 Girls Softball 1,284 1,100 Friends of the Children's Museum 2,140 *** -- -- -- TOTAL $123,318 $110,615 $132,473 $121,923 $116,523 *This amount allocated to Johnson County Council on Aging; the y r Elderly Services Agency replaced it in FY81. E **Aid and Alternatives for Victims of Spouse Abuse has changed it's name to the Domestic Violence Project. ***Funding for this program is now budgeted in the Recreation Budget. GENERAL FUND BALANCE: The General Fund Balance projected for June 30, 1982, is $1,241,592, with the following restricted amounts: Restricted: Litigation Escrow $ 174,000 FY81 - Encumbrances 77,440 - Carryovers 78,304 - Amendments I i 46,100 MICROFILMED BY IJORM MICROLAB 'CEOAR RAPIDS•OES MOINES L' aya i MICROFILMED BY 'JORM MICROLAB `CEDAR RAPIDS -DES -MOINES y� CITY OF IOWA CITY ALL FUNDS COMPARISON BUDGET FY81 AND PROPOSED FY82 BUDGET PROPOSED FY81 FY82 % CHANGE 5 GENERAL FUND City Council $ 217,515 $ 161,811 (25.6) City Manager 105,629 128,449 21.6 City Clerk 75,478 99,542 31.9 City Attorney 129,190 139,233 7,8 Human Relations 113,479 99,712 (12.1) Finance Plan 651,310 687,445 5.5 & Program Dev. 154,709 169,164 9.3 Public Works: - Administration 51,155 55,069 7,7 Engineering 271,993 270,054 (0.7) Traffic Control 441,348 475,068 7,6 Street System Maint. 1,184,309 1,289,397 8.9 Housing & Inspection Servs. 236,700 251,803 6.4 Police 1,551,021 1,706,558 10.0 Fire 1,046,731 1,105,068 5.6 Parks & Recreation 1,237,530 1,258,438 1.7 4 Library 614,756 722,072 17,5 Senior Center 43,418 128,113 295.1 Energy Conservation, 34,736 24,118 (30.6) Broadband Telecomm. 25,156 27,418 9.0 J.C.C.O.G. 125,331 171,965 37.2 Transfers 236,889 474,966 200.5 I Tort Liability 294,734 283,600 (3.8) TOTAL GENERAL FUND $ 8,843,117 $ 9,729,063 10.0 DEBT SERVICE FUND 1,757,675 2,010,937 14.4 ENTERPRISE FUNDS: Parking 2,941,532 1,311,884 (55.4) Pollution Control 1,520,919 1,802,224 18.5 Water 2,133,365 2,141,062 0.4 Refuse Collection 400,822 457,494 14,1 Landfill 464,793 333,601 (28.2) Airport 216,712 148,168 (31.6) Mass Transit 1,453,815 1,683,061 15.8 TRUST & AGENCY FUND 1,124,208 1,084,304 (3.5) HCDA 3,900,642 770,000 (80.3) ROAD USE TAX 1,380,581 1,410,437 2.2 GENERAL REVENUE SHARING 834,204 691,620 (11.1) SPECIAL ASSESSMENT 418 -- I I ALL FUNDS TOTAL26,972,803 $23,573,855 (12.6) I i MICROFILMED BY 'JORM MICROLAB `CEDAR RAPIDS -DES -MOINES y� V- SUMMARY OF EXPENDITURES AND RECEIPTS GENERAL FUND FY82 BUDGET WHERE THE HONEY COMES FROM FY82 RECEIPTS 5 Property Taxes Licenses 1 Permits 5,U/,5I7 t 57.7 Fines a Forfeitures 234,530 212,500 2.8 Charges for Services IntergorernirenTal Revenues 913,771 795,591 2,g 9.7 Use of Money 6 Property Miscellaneous Revenue 108,820 8./ 1,2 Transfers 78,927 1.631.100 0.8 17.3 70TAL 9.a2..NZ 100.0 WHERE THE MONEY GOES FY82 EXPENDITURES $ Administration Plan 1 Program Development 1,367,728 169,760 % 19.1 J[ COG Public Works 171,965 1,2 1.8 Police Fon 2,089.588 1,706,558 21.5 17.5 Housing 1 Inspection 1,105,068 251.603 11.3251.603 Perks 6 Recreation Library 2.6 12.8 Senior Center 722,072 7.9128,113 Tort Liability Transfers 283,600 1.3 219 192.027 5.1 TOTAL 9.729.063 100.0 Police 17.51 Fore 11.3% i MICROFILMED BY !JORM MICROLAB !CEDAR RAPIDS -DES MOINES Public Works 21.5% Administration l/.ls �rensfers S.Is Parks C \ibrary Retreatlon 7.9s 12.81 a y;L _) SUMMARY OF EXPENDITURES AND RECEIPTS ALL FUNDS FY82 BUDGET as t �1' Permits L1: flues 6 I S ' forhltures ' a, WHERE THE MONEY COMES FROM 5 S Pfife] NIC[IPIS $ 41.3 Property ler 7,802,216 34.1 y Licenses 6 Permits 243,530 1.1 fines d forfeitures 332,500 1.5 t Charges for Services 5,152,698 21.5 1 General Revenue Sharing 594,000 2.6 Road Use La 1.410 437 6.2 e CDBG 770.000 3.4 Other Intergovernmental Rev. 1,221,090 5.3 Use of Money 6 Property 1,160,376 5.1 Miscellaneous Revenue 218,763 0.9 Transfers 3.960.397 17.3 TOLD. 22.866.007 100.0 WHERE THE MONEY GOES FY82 EXPENDITURES 5 S General Fund 9,729,063 41.3 Debt Service 2,010,937 8.5 Enterprise Fund 7,877,494 33.4 Trust A Agency 1,004,304 4.6 Special Revenues 2,872.057 12.2 70TAL i 23,573,855 100.0 r Property Tea 34.11 Charges for �.. Services 22.55 \• ' I v Transfers 17.37 6 Road Use E,. iO Tax 6.25 a ^. Iscellanaus J &e c Revenue 0.95 MICROFILMED BY 'JORM MICROLAB 'CEDAR RAPIDS -DES 140INES �nar CITY OF IOWA CI7T PROJECTED FINANCIAL SUMMARY - FY81 ACTUAL PROPERTY OTHER TRANSFERS TOTAL FLUIDS DISBURSE- TRANSFERS TOTAL DIS- EST. BAL. 07-01-80 TAX RECEIPTS IN RECEIPTS AVAILABLE KnTS BUY BWSE.'ENTS 06/70/81 ADMINISTRATION: 110E A COINUNITY ENVIRONIIENT: { 1,666,567 f 347,533 f 1,363,129 f 3D7,999 f 2,016.661 f 7,685,228 3 1,808,791 S 276,889 S 2.015,te3 f 1,679,915 Plan 1 Pmrae Development Englnrring 47,069 31,530 105,335 245,955 22,750 128,065 175,154 154,709 -- 151,709 20,145 Public Works A61in. (11,132) 34,240 9,780 20,115 _ 255,735 290,265 271,997 -- 271,997 C8D Maintenance 7,240 26.726 "" 54,955 13,827 51,155 -- 51,155 (7,332 (7,]72) Errgy Conservation 9.068 "" 26,726 ]3,966 31,642 -- 71,612 2,764 Johnson County Council of •- "" '" 2.068 74.776 -- 34,736 (32.668) Governments COMMUNITY PROTECTION: -- ' 81,635 43.596 125,731 125,731 125,771 -- 125,]]1 - Pollte Fire (2,948) (38,981) 1,]23,955 7&,561 26,600 250,300 -- 1.350.555 1,747,607 1,472,867 -- 1,472,867 (125.260 1 Mlrl Control 6.898 55,518 24,850 1,074,861 995,671 1,016.771 -- 1,016,771 (50,857) Housing 1 Inspection Servs. 46,557 %,360 137,600 80,798 87,296 78,751 78,154 9.142 TRANSPORTATION: "' 229.960 276,51] 236,700 -- 236,700 39,817 Traffic Engineering Street System Maintenance -- -- 165.577 55,000 4.600 268,746 478,927 438,923 441,318 al's (2.425) PHYSICAL ENVIRONMENT: 3,500 1,139,702 1,198,202 1,198,202 1,104,709 -- 1,184.309 13.897 Cartery/Forestry/Nursery HUMAN DEVELOPMENT: 45,124 117,086 14,]00 "" I31,]e6 176,510 146.522 -- 146,522 Recreation Parks 34,035 19.907 301,396 332,545 129.900 -- 437,296 471.771 453.871 5.755 469.226 29,988 2,105 Library Parks A Recreation Admin. (31,909) 578,685 4,320 85,169 '- 336,965 623.851 756.772 591,945 ]45.800 614,156 -- 345.800 10,972 Senior Center 9.505 -- 11,925 40.550 -- '- 41,925 51,470 48,437 -- •- 614,756 48,177 (Z2.811) 2.997 SUBTOTAL f 1.834,524 f 4.618,977 f 3.718 2.178,166 f -- 1,760,141 43.868 43.868 37.769 5.649 17.118 150 S 8.557,586 $10,392,110 3 8,595.224 S 247,893 $ 8.843•117 f 1,548.997 DEBT SERVICE: $ ES7EOP815E: (52.188) f 1,500.648 S -- f 416,879 f 1,917,527 f 1,865,339 f 1.757,675 f -- f 1,757,675 f 107,661 Parking Operations Perking Resents 1.965,446 -- BIMINI •- 810,600 2.776,006 461.131 2.177.776 2,598.867 • 177.179 Serer Operations 798,100 567.707 -- -- 65.700 956,100 316,997 382,697 956,100 1,180,797 342,665 342.665 838,132 Serer Reserves 492.048 -- 43.500 -- 182,825 226,725 1,519.407 718.377 656.073 146.825 718,061 -- 1.371,094 146.825 145,317 571,548 Water Operations 273.514 -- 1.571,250 1,571,250 1,844,764 1.742,419 457.396 1.799,817 44.947 Water Reserves Refuse 704,811 -• 65.000 349,548 414.548 1,119,759 287,548 50,000 773,518 785,811 Operations Lano 1111 Opertlons -- 70.761 -- 250,010 160,697 410,697 410.697 400,822 -- 400,822 9,875 Landfill Reserves 130.701 •- -- 351,000 5.000 41.513 •- 392,517 5.000 423.280 175.707 423.280 -- 41,513 427.280 41,517 94,194 Airport Operations (16.777) -• 53.552 x2.969 136.521 119,744 119.744 119,744 •- Airport Reserves Nass Transit Operations 89.968 (77,950) -- 371,504 7,000 886,063 -. 277.824 7,00n 1.501,791 96.768 1,427,441 •• 1•387.565 96,768 25.000 96.968 1,412.565 -- 10.876 Nass Transit Reserves TRUST 6 AGENCY: 133:611 (1,975) •• 1,006,264 25,162 145,908 Z5,000 $0,162 783•773 41.250 •- 41.250 342,527 SPECIAL A:;ESSIZIT CONSTRUCTION: Aid -- 1.152.172 1.150.197 1,124.208 -- 1,124.208 25.989 SPECIAL 411t1UE: -- __ .. -• 418 418 -- 418 •- CDBG Road 1s. Taa (789,076) •• 4,689.118 •- 4,689,718 3•900.642 3.900,642 3.700.642 •- Re r.mw• :herl ml 19.877 776,583 -- 1.360,704 _ 585.141 -- 1.760.104 SA5.241 1.380,581 921 -.824 -- 1,380,591 974 M4 1,380.581 834.201 87 620 GRAND TOTAL6 6jJ 35,115 1 7 46] 39]1$ 4,047,)64 1 3,614."1 ULJVa (jjAljUfi j�1L4q)i1?• ISJ969�3S4 3 X1(4 {IICROFILMED BY JORM MICROLAB CtDAR RAPIDS•DES-MOINES -7 R ,M CITY OF IOWA CITY PROJECTED FINANCIAL SUMMARY - FY82 ACTUAL PROPERTY OTHER TRANSFERS TOTAL FUNDS DISBURSE- TRANSFERS TOTAL DIS- EST. DAL. 07-01-81 TAX RECEIPTS IN RECEIPTS AVAILABLE MENTS OUT BURSEIENTS 06/30/82 GENERAL: ADMINISTRATION: S HOME 6 COMMUNITY ENVIRONMENT: 1,639,945 $ 272,699 $ 1,433,281 S 116,135 S 1,822.115 S 3.462.060 S 1,745,502 S 474,966 S 2,220,468 S 1,241,592 Plan S Program Development 20,115 132,669 16,050 -- 148.719 169.164 169.164 -- 169,161 Engineering Public forks Administration 18.272 (7,332) 242,512 43,762 9.270 18.639 -- -- 251,782 62,401 270,054 551069 270,OS4 -- 270,051 -- -" CBD Maintenance Energy Conservation 2,324 (32,668) 43,151 56,786 500 10,160 53,811 56.135 55,06955,059 39,074 17,061 56,135 JCCOG -• 72,358 -- 99,607 -- -- 56,786 171,965 21,118 171,965 24,118 171,965 24,118 COMMUNITY PROTECTION: "' 171,965 -' Police Fire (125,260) (50,857) 1,632,546 885,810 21,570 90,000 1,744,076 1,618,816 1,618,816 -- 1,618,816 Animal Control 9,142 54.800 270.115 23,800 -- •_ 1,155,925 78,600 1,105,068 87,742 1.105.068 -- 1,105,068 -" Housing i Inspection Services 79,817 57.186 158,500 -- 211.986 251,803 87,712 251,803 -- 87,712 TRANSPORTATION: ANSPOR -- 251,803 Traffic Engineering Street (2,125) 331,588 4,622 141,283 477,493 475,068 475,068 -- 475,068 Systems Maintenance PHYSICAL ENVIRONMENT: 13,893 -- 6.350 1.269,154 1.275,501 1,289,397 1,289,397 -- 1,289.797 -- Cenetery HUMAN DEVELOPMENT: 29,968 116.533 13,250 4,400 134,183 164,171 164,171 •- 164,171 Recreation Parks 2.105 372,621 129.607 -- 502,228 504,333 504,733 -- 504.333 Library 10,972 (22,811) 343,912 626.209 3.650 118,674 3,268 -- 350.830 744,883 761,802 722,072 361,802 •- 361,802 -" Parks a Recreation Admin. fenior 2,993 50,712 - 50,712 53,705 722.072 53,705 -- -- 722,012 53,705 -" •- Center 450 102.367 25.300 127 AAI 128.113 128.113 128.113 SUBTOTAL S 1,548,993 S 5,134,517 S 2,352,745 S 1.634,400 $ 9,421,662 $10,970,655 S 9,237.076 S 492,027 S 9,729,063 S 1,241,592 DEBT SERVICE: ENTERPRISE: 107,664 1,409,065 -- 504,208 1,913,273 2,020,937 2,010,937 -- 2,010,937 10.000 Parking Operations Parting Reserves 177,179 838,132 -- 882,700 - 802.700 1,059,879 511,551 102,665 911,219 145,660 Sever Operations 115,317 -- -• 62,000 1.764,300 402,665 50,800 464,665 1.215 00 1,302,797 1,360,413 397,665 787,330 .• 515,176 397,665 1,302,506 905,18 57,907 Serer eserves Nater Operations 571.548 11,917 -- -- '9.000 1,805.300 136,218 -- 171,218 1.805,308 778,766 1,850,255 !99,118 1.403,988 199.778 219,048 Nater Reserves Refuse Operations 185,811 -- 74,000 341,662 415,662 1,201,473 278.162 408,912 50,000 1,812,900 328.162 37,355 873,311 Landfill Operations 9,875 -- 250,000 419,643 197,619 -- 447,619 419,643 457,494 457,494 457,494 Landfill Reserves 94,194 -- 4.000 --4,000 419.643 90.194 303,601 30,000 -- -- 303,601 30.000 116,042 Airport Operatlans Mass Transit Operations -- 10,876 -- -- 53,752 1,083,996 94,416 566,409 148,168 1.650.405 148,168 1,661,281 178.168 10,000 148,168 68,194 Mass Transit Reserves TRUST 342,523 '958.634 27,832 30,000 57,832 400,355 1,626,929 21,180 34,352 -- 1,661.281 21,780 378,575 S AGENCY: SPECIAL REVENUE: 25.989 99.681 -- 1.CM.315 1.084,304 1,084,300 -- 1.084,704 •- COBG Road Use Tax -- -- •- -• 170,000 1,410,437 -. -- 710,000 1.410,437 710,000 1,110,437 770,000 •- -- 1.410,131 110,000 1,410,/37 •- Revenue Sharing 87,620 -- 604.000 •• 604,000 691,620 -• 691.620 691,620 •- SRArID IO TAL f 1,770.661 f 7.002,116 511.107,393 S 3.960.771 f12.H fi,MM1527.65- 6.671 S12 51WA SUO�15 IH9 VJv5W51 :4.%.431A i MICROFILMED BY `JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES .. _....,..,,. I I ELDERLY SERVICES AGENCY of Johnson County 1105 Gilbert Court Iowa City, IA 52240 319/354-2505 Lucy Luxenburg-Executiue Director Marian VanFossen -President COST PER UNIT OF SEItV[Cli ANALYSIS PER ALLOCATION FROM THE CITY OF LONA CTTY Funding allocated from July 1, 1980 to Fiarch 31, 1981: $15,000 Funds expended from July 1, 1980 to February 20, 1981: $11,460 Number of senior citizens who have received services from July 1, 1980 to February 20, 1981: 2,684. COST PER UNIT OF SERVICE: $4.27 COST OF DAILY OPERATION: $70.74 MICROFILMED BY 'JORM MICROLAB '.CEDAR RAPIDS -DES -MOINES ..1 IOWA STATE HISTORICAL DEPARTMENT DIVISION OF THE STATE HISTORICAL SOCIETY Peter T. Harstad, Director Iowa City, Iowa 52240 oeic� City Council Civic Center o`, November 6, 1980 410 E. Washington y Iowa City, Iowa 52240 Dear Council Members: This letter is written in behalf of the staff members of the State Historical Society, and in the interests of the several thousand patrons who frequent the Society's headquarters on the northeast corner of Gilbert St. and Iowa Ave. each year. A dangerous environment exists here at this intersection, particularly for pedestrians who must cross Gilbert St. Two stop signs regulate the flow of traffic on Iowa Ave; this is the only intersection between Market and Bowery streets on Gilbert that does not have a traffic light. It seems that drivers try to.make up for "lost time" as they come by here, endangering the pedestrians who walk in this part of town. Undoubtedly Mr. Jim Brachtel, City Traffic Engineer, can provide accurate statistics on the number and type of accidents at this intersection. But these statistics will not tell all. The days are becoming successively fewer when the staff does not hear the squeal of brakes and tires. Fortunately, many of these do not end with a crash or a thud; statistics are available on those that do. Vehicular traffic is increasing as downtown Iowa City improves its shopping facilities. There are also some changes and developments in our immediate area that have brought in more pedestrians. Eastlawn is now/ remodelled and reoccupied and the type of activity in those offices generates a great deal of foot traffic. The UI Credit Union has erected a new building a block away and its members and users are on the increase. Patron statistics here at our library are also up a good deal -- double what they were a few short years ago. Further, many of our patrons are elderly people who use public transport6tion or walk to get here. Soon, activities in the old Post Office building will bring more older people to this part of town. Dean Emeritus Dewey B. Stuit was knocked down by a vehicle at this intersection; a few days ago I myself witnessed a "near miss" that just as easily as not could have been fatal to a senior citizen. The staff here feels that the best way to make the intersection safer is to erect four-way stop and go lights, complete with pedestrian walk signals. We realize that this would be expensive and that it would impede the desired flow of vehicles north and south on Gilbert St. Erecting signs to prohibit U turns on Iowa Ave. and to prohibit right turns on to Gilbert from Jefferson might ameliorate the situation some. However, we do not think that such measures would bring interruptions in the flow of traffic during the busy hours. Stop lights are needed. He here at the Society appreciate the letter which Donald Schmeiser of your planning staff wrote to Bill Silag of this institution.* However, we feel that the situation at Gilbert St.. and Iowa Ave. should be attended to soon to ward off tragedies. Sincerely yours, �Q *Silag to Schmeiser June 22, 1980 f"d^'—r. rA Schmeiser to Silag June 25, 1980 Peter T. Harstad Director 402 10W AVENUE • 310/330-5471 AT T �I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES , CITY OF IOWA CITY ' CIVIC CENFER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.18010 December 4, 1980 Mr. Peter T. Harstad, Director Iowa State Historical Department Division of the State Historical Society 402 Iowa Avenue Iowa City, Iowa 52240 Dear Mr. Harstad: At its regular meeting of December 2, 1980, the City Council received and placed on file your letter regarding traffic control at the intersection of Iowa Avenue and Gilbert Street. A traffic light at this intersection will be considered during the capital improvements program portion of the budget for FY 82. This matter should go before the City Council early in January, 1981. If you should have any questions concerning this matter, please contact me. Sincer y yours, '00'o Neal G. Berlin City Manager Is cc: City Clerk MICROFILMED BY !JORM MICROLAB CEDAR RAPIDS•DES MOINES _ aqY :".: undersigned freoaent pedestrians at the intersection of Gilbert St. and Lu•wd Ave., petition the C'� Council to take measures to Fie a four way stop -and -go -light (with a walk cycle), at this interesection. We are concerned about pedestrian safety. Name Address Phone Mace Address Phone _ ___U �SSZig7S /cLYcF^ - ? n 36. c�rJ/1Q 2 33 b, •/� d T tl /l . ER tE ' 37. (,' C ti"✓w' Ll'Lt'i{(, k;U teILL ,W 354 -s7//// 3. `r A_l4 `'L7rtn /y29 Fra„ a9 3S9 l42"t 38.0 +, FI�,�[� 3uotiaYr 19s,vu,,l3H��,u-7 39. 5 7 41 �r GiLFJlvu ///1 �/,.+.^ pp ION" N n , I Sz `I2 s l 45.- u_!'c.! •�h•-�-L ,�� f,Y 22 8.2G UJV u t�( / 1 sf 33flc73z47._ e_,,.e,� is. VIF(rl-ICC.iG�i (010 1-,0(L _33g-l(Goc; �49. �r'"=•_ CEJ..,- ��-� Jt-r�,s..3s7-�c _- ' J 15•` sS� �I 4e ft? si. 17� _ IlR 7dh AuP A�. 33f •.11SY�52.__.____�j��lLf�� - �%.� � Gj�/ . 1 �•V/!7H/�r/� x r ri/4o� �f�9M�i� 3a/ODa3 53. �a D = 'tom e2S1:Y 33.Si-5o�• Li�_ �1-0 �' _72.5s5._�I d' •�ir -tea; h• 21/ zz z 3� v/9osE-3 �iL/�L1t�/L �5y6.-��i_ LL I L I`haIjCUnF" 831187._ ���^w(� Z�f� �� Id •3' �ISj • oa'A iJ us��i_.SI.7s6758�t° ' Ctj ^7 �•t..t� �CµH�{. eeel 1 �Ti?r?T36e�a.r!r!G /tie*/ rh• i%%✓�. 26. 361. 7.. - - ; 62. lLie�* tJ &, 28• 63.� CtchhC.�l��cda/ E/� -29 5- �uiw. 64 Wt�i 21 �ute.� eve T. G. 65..��Q rqjL FOS t • d N MNS(t 1QJ3S3 Govy 66. - j - /r. -67. Lug"--Pq b( �1CL (�i_ 68���z �>YI�i�✓ 629 r/ Ct J_ 777Z 9.� L ii/t o0.s� o?u/ 14ap Q&Z ,Q. ='' 70. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES t+a, the undersigned frequ-" pedestrians at the interser_ti� of Gilbert St. and Iowa Ave., petition the City Council to take measures to place a four way stop -and -go -light (with a walk cycle), at this interesectlon. We are concerned J ;�-- about pedestrian safety. Name Address Phone N_,mc - Address Phone t_33 •3_°i.7. 36.��M C2�(.h, 1 %6aootseE crz. 33s•3163 2.7.— 311 S. - — - Im _._...Atc n__ J_2 8._'" 3 4•Jd2 4. 6. 7l. s.- 9.. 10._ 11._ 13. 14. 15. 16.. 176 18.1 19.; 20.. 21.- 22._ 23 24. ) 27, 28, 29. 30. 32 33 34 35, 41 /e1 erQfy 9 W-4d1t ._ __. 4 0 n � . _V?C" 2 E_1uY9f,PA dJ�=dJ�143. 3351- �z� 45. SO S. r„ b+,s 13V -/7i7— It ln.i �n 39F-3DD 1 Z`L haw 17 A%• *IVAM) .5t 0 rs`i�q /�y �'''e v _ 3s/ S/ � 549. -. -•- �,�•�— _—__ rJ�k7F1� ���_ f IAU 5z�— ,�:tylhDif _w. wfi �:y0la ti -- _7- TG_zA-�b�_ -6 rte. 63.._.}iC 65..--f MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES r�33g_3"3a 07W F 4:e, the undersigned frenu,.- pedestrians at the intersecti.,_ of Gilbert St. and Iowa Ave., petition the City Council to take measures to place a four way stop -and -go -light (with a walk cycle), at this interesection. We are concerned about pedestrian safety. Name Address Phone Name nI Address 1' f Cw. �- co 33$ 369736. %(//VtJ 2.vLL1'L.lt l,G,'!M•� 4�0. �k ct'f fit/?�' ." l pi's J�f'37._ /��il J 4239.J�➢1v 4 ap 1Fz hr �1G318;-z391d0./" `fl ,75iSJ/ -` • ' .J it --- �41�ye 7.2 ,•hp�lc% , 1) 31.E r�,�,kli„ Sr. 31s).979 42 8. w0 -v V" VL 44 /y Vfv �!( 10 ��-; nn �r SCLC S Urt B 338 59792�YL fG az 47. A9 15.-Q T 1a5 u. �,v.nc.3511a4d -- ��/ y� 50._ 16.e�vLL91 3�1•oii L __ - LaY 52.__ 19. 20. / •ry ta21 21.56. 22. 24 { ze 3$� ,�f'o % �-�3 Lim,-•��2c 25. �1�rt- /1 rte+ -r �T 611..- ..�......._�_... [ � p _ i 26.�/�(�//��qq o�/OY l 1C�1: 61. )27. 28 62.-.-__-. I <.L.II �c _- 29.r /+ lZo(2- �y ae� _..__-... 64.----.-_-_ -- 30�r 10 1� 1�wl�i 65. t 31. 7)I�6 n�1(LDo,L,1_!'�L�{�p.-- g 32 u�w.vz-�_C�� l ZQO �? U� ne fy5'"� --._ 6G.----••--- - 67. V1/cG/ (/t.�t•i�c(•t-„•"� �l 29�._.._ 33. --.- 63. 34.4)b( ,, /l� 69. 35.. j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES aye tae undersigned frequ,.-_c pedestrians at the interse.ctiu,l of Gilbert St. and Ave-, petition the City Council to take measures to place a four way st--.-and- o-li ht (with a wall- cycle), at this interesectioa. We are concerned a==:= zedestrian safety. 11' 4--e Address Phone Address �� �� P7ame Phone '... ,h7 �/� �jA'{',gg �i�C/C, 111 ,f''- �i7-6Y> / ' 1 S �2 2 4 — 6 4c! • 2903 2.� 571 55 37. 3 5 6. %liAn __V&c -0- R4KZ P1.. . 35-3 7 40. 43. 9.P „aio,rlilC 3? leu iuua 3S'/ 935_44. - . Q_ wn, - 49._--_.-__— is. 1 Z?�'i Wayru / hC.�7-y�o._,_.__--- 6 ILA_ 336- V(. Sy — 51. 17 y/SN kdv(�51-�7f/ 52. i R OLOrrn /iLI ., l/ BIZ 1 %1 _.. Ir n �7iD'p�b/ 0 20. I/.M._-5�1u n u�Z555. zl y//1✓�?..,lecov, 56._ 22. Qi ,Sinr�?irk ylyc�l• 33 Yz9I ? �a'1--__ 57.23 _ p �33l'-7Py7 60._.._....._... 26. D 28. yY �_ i J'6"1111, 351-e0fl63.._—_ -- -- —I 29..�%ir.•,�r�/�Z%7�L/r2//faa�._i',�:%`lis_C.164.______�._ ------ 30. 65.____ 31. ,�+ �•U•w �..iivJaO�i.., C'e7 el,a -3 5' / • G q V v 66. . 32 Ln. i r. _- 34 35 LY, I - MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 68 R4Y T r� We, t a 1"-dersigned frequent pedestrians at the intersection of _dne_t St. laws A.e., petition the City Council to take and - measures to place a cocr way stop-and-go-light (with a walk cycle), at this intersection. " �e ' about 14.."4_n ...f-._- a.a concerned Address Phone Name �✓, Address36. Phone • ✓ LmurL' uC c 2. Lit I" c 37. 3 Lf/ � «J i 353- X'. G" 38. 39. 5 a gere J�l• �5'a� 3 38 �?� 40. 6 % 41. 7 42. T 8• C - 43. GS3 SStYo44. 45. 11._6. 12 47. 13. 175 S/- 073 � 14. f `j. _ _ l5 (�"-,,� .0</..wal. sal. ..�,✓�'.i cj,+�� 3sY-/7r7 17 �. _- 1� Q SO X4.71- 1 I LlS f P M-, 52. 18' 714 f23 S3. 19. , 54. 20. 55. 21. 56. j 22.\` . ` ---_ 57. 23. 33' d�lS I 58 �_ 24. 514 AJGrn� - r. C,/ o' ✓ I j�60.-- -- 61. 27. --_.62 28.- d 63._ - 29. 64 30 30 65. f 31. 66. ------------------ 32 - ^- 67. _- 33. ----_ r 68.._ r 34. 69. _ ' 35.---_ -_ 70. 27 I MICROFILMED BY 1'JORM ' MICROLAB CEDAR RAPIDS-DES MOINES ` F- 7 CITY OF 10WA C CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.1800 NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING AN APPOINTMENT TO THE FOLLOWING BOARD: MAYOR'S YOUTH EMPLOYMENT BOARD One vacancy - Unexpired term February P4, 1981 _ April 15, 1983 It is the duty of members of the Mayor's Youth Employment Board to provide jobs at various pri- vate non-profit and public organizations for disadvantaged youth in Johnson County. Iowa City appointed members of Boards and Commis- sions must be qualified voters of the City of ! Iowa City. This 1981,ameeting of thel lCity Councilde attat 7:30uP.he M.2in the Council Chambers. Persons interested in being considered for this position should contact the City Clerk at the Civic Center, 410 East Washing- ton. Application forms are available from the Clerk's office upon request. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES-I401NE5 -254 r February 24, 1981 MAYOR'S YOUTH EMPLOYMENT BOARD - one vacancy for an unexpired term February 24, 1981 to April 15, 1983 Dave Bayless + Job Service 1810 Lower Muscatine Rd. Mark R. Weaver 125 Taft Speedwav r'➢ ADVISORY BOARD /COMMISSION APPLICATION FORM Individuals serving on Boards/Commissions play an important role in advising the Council matters of interest to our community and its future. Applicants must reside in Iowa City. The City Council announces advisory board vacancies 60 days prior to the date the appointment will bemade *This 60 -day period provides for a 30 -day advertising period and a 30- day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council announcedratithe next forrmal Council meeting thAppoint eslserve session. The aas unpaid volunteersointment he All applications must be submitted to the City Clark no work later than one week prior to the announced appointment date. THIS PUBLIC. ALL APPLICATION BE DROPPED FROM THNT E AS SUCH LIST AFTERCNBE REPRODUCED AND DISTRIBUTED FOR THE AONE YEAR PERIOD. DATE J 02" J' & O lin.L -� ADVISORY BOARD 0lMISSION NAME sw- TERM NAME a c.E55 I ALlr ADDRESS Say SArAoA . ;d C_"y OCCUPATION FMA V01wli ADVISORY BOARD/COMMISSION APPLICATION FORM Individuals serving on Boards/Commissions play an important role in advising the Council matters of interest to our community and its future. Applicants must reside in Iowa City. The City Council announces advisory board vacancies 60 days prior to the date the appointment will be made. This 60 -day period provides for a 30 -day advertising period and a 30 - day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. All applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. DATE &C 9 /180 ADVISORY BOARD/ OMMISSION NAME -� RM 3 Dv — I NAME MACK R. WEM; ADDRESS 12.5 a T OCCUPATION WOO( E)(DOVIPM(e can-61KO,-pVEMPLOYER &VcAvi4 MA AFA PHONE NUMBERS: RESIDENCE 33C -1330'L BUSINESS i F"DERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: wopl/,IM tAii�\ uUH V{ Ivy Ae 52(OMAAIKV -LAAA tom,Mutul/e rmlm., WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? I� ��clyis0��lc�cl��i -s-o vd,- --kqS WHAT CONTRIBUTIONS DO YOU FEEL YOU N MAKE TO THIS ADV/j'�SORY BOARD (OR STATE REASON FOR APPLYING)? �, —W4ja/ „A,�& _1M PYnojy(o II-% IIniI41 Specific attention should be directed to possible conflict of interest in Urban Renewal project or as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Legal Dept. Will you have a conflict of interest? _YES )( NO Knowing the length of term, are you willing to serve this term? VC YES FJ \.you are not selected, do you want to be notified? X YES _NO AN2 19.41 D If you are not appointed for the current vacancy, do you wish to be cABfi 8 3CTr0 LfpQlJ3 vacancy? AYES _NO C1TSaQgK197QJV MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Vl_ CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.18010 NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING APPOINTMENTS TO THE FOLLOWING COMMITTEE: COMMITTEE ON COMMUNITY NEEDS Three vacancies - Two-year terms March 1, 1981 - March 1, 1983 It is the duty of members of the Committee on Com- munity Needs to coordinate communication channels between groups and citizens of Iowa City and the City Council and staff and then to responsibly respond to program proposals as solutions designed to meet the community's needs. Iowa City appointed members of boards and commis- sions must be qualified voters of the City of Iowa City. These appointments will be made at the February 24, 1981, meeting of the City Council at 7:30 P.M. in the Council Chambers. Persons interested in being considered for these positions should contact the City Clerk, Civic Center, 410 East Washington. Application forms are available from the Clerk's office upon request. ass j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES February 24, 1981 COMMITTEE ON COMMUNITY NEEDS - three vacancies for two-year terms March 1, 1981 to March 1, 1983 Sandra Bokamba Lockett 2535 Bartelt Rd, ill -A Janet L. Cook 1128 Prairie du Chien Road Susan Lois Schrader 306 Haywood Drive Maxine Moffett 626 Hawkeye Drive James C. Hall (served full term) 712 Second Ave. Pat (Cora E.) McCormick (served full term) 230 E. Fairchild Martha Jane Dodge 2204 Lakeside Manor David Leshtz 1411 Sheridan Ave. j MICROFILMED BY 'JORM MICROLAB 'CEDARRAPIDSIDES MOINES as�50 ADVISORY BOARD/COMMISSION APPLICATION FORM Individuals serving on Boards/Commissions play an important role in advising the Council matters of interest to our community and its future. Applicants must reside in Iowa City. the City Council announces advisory board vacancies 60 days prior to the date the appointment will be made. This 60 -day period provides for a allowsanewdvertisi t period and familiar 30- day training period for new members. The training period with the responsibilities and duties of the advisory board before becoming a full voting member. After a vacancy has been announced and the 3O -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. All applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. PRODUCED PTHIS UBLIAPP ALLIIS A BEPUBLIC DROBE R PPEDUFROM THE AND LIST AFTER CANONE-YEAR PERIOD AND DISTRIBUTED FOR THE { DATE ..^'^"' D '6 X980 ! ADVISORY BOARD/COMMISSION NAME COMMITTOR 0R COMIiUNITY NEEDS TERM { ADDRESS 2535 Berte]t Rd, k2 -A NAME nvwn� iMtRTT i OCCUPATION^ LIBRARIAN EMPLOYER UNIVERSITY OF IOWA LAW LIBRARY PHONE NUMBERS: RESIDENCE 354-5765 BUSINESS 353-5968, ext. 28 DERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: 9UPERVI90RFt .� ADMINISTRATIVE AND PUBLIC RELATIONS SKILLS AS'A TIBRARIANt GppNTSMANSHIP SKILL WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? THE CCN SERVES AS AN ADVISORY BOARD TO THE CITY COUNCIL. REGARDING CITIZEN91 CONCERNS; ALSO, IT ASSISTS IN THE INI- DE— TPeIAT�IONt ANODF IRIEVSIE�Wr OaFxIOWA RRCITY'S ECLOpbpDd�UNNITY IEVETAPMENT FUNDS AT.IACATTED FROM THE wHgT co�TaIBu�yoNSG oo DYou FEEL ypU CANT HAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? TFa Pn4TTTON AT TFiF nAF6 PIBL TTAU AND BECAUSE OF CIVIC DUTY AND BECAUSE I flAVB A NEED TO BROADEN MY KNOWLEDGE ABOUT IOwA crTi. Specific attention should be directed to possible conflict of interest in Urban Renewal project or as defined in Chapters 362.6, 4O3A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Legal Dept. will Iyou have a conflict of interest? YES --L-NO E D� Knowing the length of term, are you willing to serve this term? x YES DNOV 1 0 19I%� ,you are not selected, do you want to be notified? RYES ,_.NO A B BI E S T 0 L F U 5 If you are not appointed for the current vacancy, do you wish to be considere9Iir4F*ure vacancy? E YES _NO January 191;5:5 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES ADVISORY BOARD/COMMISSION APPLICATION FORM Individuals serving on Boards/Commissions play an important role in advising the Council matters of interest to our community and its future. Applicants must reside in Iowa City. the City Council announces advisory board vacancies 60 days prior to the date the appointment will be made. This 60 -day period provides for a 30 -day advertising period and a 30 - day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. All applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. DATE ADVISORY BOARD/COMMISSION NAME CCN TERM 2 years NAME Janet L. Cook ADDRESS 1128 Prairie du Chien Road OCCUPATION Secretary EMPLOYER UI Hospitals - Dept. Tnternal Med. PHONE NUMBERS: RESIDENCE 338-1928 BUSINESS 356-2162 DERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: D B.A. -Univ. of Iowa 1 9 1980 ABS ILFUS CITY CI Fou WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? To determine the use of Federal monies for community improvements and/or development, is my understanding at this time of this board. WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? I am certain that Iowa City will be my home for most of my life; I feel that having, some input into my community and what happens to it, would be more satisfying than the role of a passive onlooker. Specific attention should be directed to possible conflict of interest in Urban Renewal project or as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Legal Dept. Will you have a conflict of interest? —YES -&�NO Knowing the length of term, are you willing to serve this term? _ZYE5 —NO /ou are not selected, do you want to be notified? YES NO If you are no appointed for the current vacancy, do you wish to be considered for a future vacancy? S —NO January 197W MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES ,•— ADV�RY BOARD/COMMISSION APPLICATION ORM Individuals serving on Boards/Commissions play an -important role in advising the Council matters of interest to our community and its future. Applicants must reside in Iowa City. The City Council announces advisory board vacancies 60 days prior to the date the appointment will be made. This 60 -day period provides for a 30 -day advertising period and a 30 - day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. All applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. DATE Lec...,'6" 22,/9Po ADVISORY BOARD/COMMISSION NAME Co#.M'41,� m+ Commw;G/ .11e -o—' TERM /9P/- /913. NAME Sks&,t 4o%s Sc -!,radar ADDRESS%306 L/e ywood On%at OCCUPATION G/;nlcAA Ayui"/og;s� EMPLOYER,&,g o -F %aala'V, 4a r=mJ4, PHONE NUMBERS: RESIDENCE 351- 6yF4p BUSINESS 353- 33V'7 F"DERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: A"bw 4;dAA [TM,"acrOlV Z. T-b'f'i rmJO/Wwa..+f- 11"41L&% W"44✓ rriu//i�p4 "'"PA'"Y 61A��"Au Ci�...,.at1, e,i/...L... a peyru4/er r, &z r, 7K L.4-/ I/ ( . WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? Lni+mw+7,l./ /7N�ec%s. Y'n.et�G.w...,+-f fpYo-�,ee.�s I�a..,e, Y-,nc��.oLeif- -ii.0- Sn C.�;y,�• WW 46 TONS DO YOU FEEL OU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? 9 4. &A'hJ' —:, ,G. moi.- ,.,.t... .C__ alC'i IFI e/,�O,H r4 (/0 GCaxb S'D qo -�p G.+�:�m ur 'fie• fmJir►»nu++ t.,../ ZA:; 4)e. 4J4 SpRRcifl attention should be directed to possible conflict of interest in Urban Renewal project orr'a`'defined in Chapters 362 .6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Legal Dept. Will you have a conflict of interest? _YES I/ NO Knowing the length of term, are you willing to serve this term? _✓ ,S "10 you are not selected, do you want to be notified? ✓YES �Tf you are not appointed for the current vacancy, do you wish to be Agfi&?etP't-or a future vacancy? ✓YES NO "OBIE STOLFJAary 1979 CITY CLERK / 0�5'S' MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES I401NES T"- ADVISORY BOARD/COMMISSION APPLICATION FORM Individuals serving on Boards/Commissions play an important role in advising the Council matters of interest to our community and its future. Applicants must reside in Iowa City. the City Council announces advisory board vacancies 60 days prior to the date the appointment will be made. This 60 -day period provides for a 30 -day advertising period and a 30 - day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. All applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. ADVISORY BOARD/COMMISSION NAME U�r NAME `���//''� OCCUPATION D".� PHONE NUMBERS: RESIDENCE'Wy'.?ay*4P'� DATE • r���.TERI�/ /�/ %/ate/ ADDRESS EMPLOYER BUSINESS 01. F"OERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR�TH/IS POSITION: Cf I )�it7'H/ M-�'n l�T.+rw.f?. 1�,�/�/ '�:w-�^'1 �.-�i. ' .�.✓�H•� a it rs WHAT CONTRIBUTIONS DO YOU FEE} YOU CAN MAKE TO THIS -ADVISORY BOARD (OR STATE REASON FOR APPLYING)? rn yrs.+... s( rA) tV,� (d) Specific attention should be directed to possible conflict of interest in Urban Renewal project or as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Legal Dept. Will you have a conflict of interest? _YES _NO ^^ pp Knowing the length of term, are you willing to serve this term? i,-qs FNJ L� D /ou are not selected, do you want to be notified? ,EVES _NO ppRJAN22 0 1981 If you are no appointed for the current vacancy, do you wish to be cohSTdg� T IVtu e vacancy? _ ES _NO January 15 �5, MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES AU\")RY BOARD/COMMISSION APPLICATIP 'ORM Individuals serving on Boards/Commissions play an important role in advising the Council - ov. matters of interest to our community and its future. Applicants must reside in Iowa City. The City Council announces advisory board vacancies 60 days prior to the date the appointment will be made. This 60 -day period provides for a 30 -day advertising period and a 30 - day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. All applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. DATE 1-- 90 R ADVISORY BOARD/COMMISSION NAME 0 C %U TERM 17 NAME ADDRESS�T�`Z of aV-2 OCCUPATI� EMPLOYER PHONE NUMBERS: RESIDENCE 3 3 / r �� 3 ro h BUSINESS EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? .r c WHAT CONTRIBUTIONS DA YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? - --J'i4vrC `CL.-i._O-J-t iQA��� r� (^-uh- 16 V44J 4 Specific attention should be directed to possible conflict of interest in Urban Renewal project or as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Legal Dept. Will you have a conflict of interest? _YES 'NO Knowing the length of term, are you willing to serve this term? _ YES - _NO you are not selected, do you want to be notified? If you are not ap r the current vacancy, vacancy? _YE t,NO [,YES NO - L (� do you wish to be co dpri orl�8~4 ABBII--IES &PUS CITY CLERK a5y MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES MOINES N AUC ^AY BOARD/COMMISSION APPLICATIC ORM Individuals serving on Boards/Commissions play an important role in advising the Council matters of interest to our community and its future. Applicants must reside in Iowa City. The City Council announces advisory board vacancies 60 days prior to the date the appointment will be made. This 60 -day period provides for a 30 -day advertising period and a 30 - day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board before becoming a full voting member, After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. All applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. DATE �j�"��% ADVISORY BOARD/COMMISSION NAME '?Wae+ g— AW4,ft •_!&46`.T,ERM NAME.i77�'/� i�L MOZ& ej ADDRESS 041 4P e 5'act� OCCUPATION EMPLOYER PHONE NUMBERS: RESIDENCE 7159 BUSINESS F"OERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: AT IS YOUR PRESENT 'KNOWLEO9 OF THIS ADVISORY BOARD? 49d ,sA� WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THISjADVISORY BOARD (OR STATE REASON FOR APPLYING)? lel w a . Z --•a r„ -^ y !s Specific attention should be directed to possible conflict of interest in Urban Renewal project or as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of intertest exists, contact the Legal Dept. Will you have a conflict of interest? _YES ✓NO Knowing the length of term, are you willing to serve this term? /YES _NO You are not selected, do you want to be notified? If you are not appointed for the current vacancy, vacancy? ✓YES _NO _/YES _NO do you wish to be FonViF0jrVd Qolnla Cure MICROFILMED BY 'JORM MICRO_ LAB 'CEDAR RAPIDS -DES MOIIIES ABBIE mamiyU279 CITY Cl T:f2K a$s AUk� JRY BOARD/COMMISSION APPLICATI( 'ORM Individuals serving on Boards/Commissions play an important role in advising the Council on matters of interest to our community and its future. Applicants must reside in Iowa City. The City Council announces advisory board vacancies 60 days prior to the date the appointment will be made, This 60 -day period provides for a 30 -day advertising period and a 30 - day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. All applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. DATE 1,5 9,e &z,,,d y ice/ ADVISORY BOARD/COMMISSION NAME /�,, �. �. lTERM n r NAME . /fn . - l /iv�tP .(Or+o['�y ADDRESS a U <lvYa.6t order_ h�[yxe �� OCCUPATION EMPLOYER PHONE NUMBERS: RESIDENCE �3S5/ �5/.C— BUSINESS F"OERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: %. N., n Ur sr/)yoli,n/e e, --(/#P 4� lVal tie. L,2,jA L,�/Q+�y .3/� NS l/n� r,42 lnwa NL orc • Socr,/nn.. eI SOC rol f.lnrW), WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? .D .41+ord G.Speeea/l' reynrdruFederal rn0neei. WHAT CONTRIBUTIONS DO Y09 FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? G 411 -Iha, rhd,/c [+ndr5/and /o 0-rn071onITiz nr/c, 9rou p and Cor 'oeennom ar .a bka oleo MP .S•en"nr <rr4+rvns — ((bnrnu+d on r.v+rre) Specific attention should be directed to possible conflict of interest In Jrban Renewal project or as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Legal Dept. Will you have a conflict of interest? YES 1/NO D QKnowing the length of term, are you willing to serve this term? ✓9E _NO you are not selected, do you want to be notified? If you are not appointed for the current vacancy, vacancy? ✓YES _NO ✓ES _NO FF8171991 do you wish to bR�,Q�s deere(d'Ifor a futu'ninre H Iitf CEITY CL`L�fIC�() 2SS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i C i bosh e,� my pnrenis Clxe refrQed 4 I,u;n4 ;n zoy i�%iy) Qnt /lrn�l'rr,pPrd hrvV r, r rr.(l.. ;,r Noel G •id <h� Id Qhd rh40e br i /( / n zrn ployeea n bws,'r1rS.i, r/1 l01.r14 \;'1Y. _� hh✓r. olio boron.. re r•.n :o.�1 n•� /r.�e.h._,.r ..., f•_, �.. _ F . AUVI. ,tY BOARD/COMMISSION APPLICATIOK jRM Individuals serving on Boards/Commissions play an important role in advising the Council matters of interest to our community/and its future. Applicants must reside in Iowa City. The City Council announces adylsory board vacancies 60 days prior to the date the appointment will be made. This 60-dW period provides for a 30 -day advertising period and a 30 - day training period for new members./ The training period allows new members to become familiar with the responsibilities and duties of the advisory board before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. I All applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. THIS APPLICATION 1S A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. DATE February 17, 1981 ADVISORY BOARD/COMMISSION NAME Community Needs TERM NAME David Leshtz ADDRESS 1411 Sheridan Avenue OCCUPATION Social Worker EMPLOYER Johnson County Social Services PHONE NUMBERS: RESIDENCE 351-2973 BUSINESS 351-0200 F"DERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: Because of my Lob and involvement with several committees, I am very aware of the needs of our special population, and I have a working knowledge of what services and programs are (or are not) available in our community. WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? It is instrumental in determining how federal funds for block grants will distributed. WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? As a County employee Universitv of Iowa Alumnus and long-timo rPairient., I have a sincere interest in the future of this city Specific attention should be directed to possible conflict of interest in Urban Renewal project or as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Legal Dept. Will you have a conflict of interest? _YES X NO Knowing the length of term, are you willing to serve this term? X YES fou are not selected, do you want to be notified? X YES _NO IJ lL U If you are not appointed for the current vacancy, do you wish to be considl" j2$ ),oillluture vacancy? X YES NO ABBIE ORRA97GMi' CITY CLERK (3) oI�L'S' i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.1800 NOTICE THE CITY COUNCIL OF IOWA CITY IS'CONSIDERING APPOINTMENTS TO THE FOLLOWING COMMISSION: BROADBAND TELECOMMUNICATIONS COMMISSION f 2 vacancies - Three-year terms March 13, 1981 - March 13, 1984 The duties of the Broadband Telecommunications Com- mission include serving as a review board to resolve disputes between any subscriber or potential sub- scriber and the cablevision company; reviewing and auditing reports by the cablevision company to the City as required by the Cable Television Ordinance; working with the public, the media, the City, and the cablevision company for the purpose of making recommendations on various issues; engaging in other activities pursuant to the effective monitor- ing and evaluation of the CATV system in the City. Iowa City appointed members of boards and commis- sions must be qualified voters of the City of Iowa City. These appointments will be made at the February 24, 1981, meeting of the City Council at.7:30 P.M. in the Council Chambers. Persons interested in being considered for these positions should contact the City Clerk, Civic Center, 410 East Washington. Application forms are available from the Clerk's office upon request. j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES L.,. A 456 V: February 24, 1981 Broadband Telecommunications Commission - two vacancies for three-year terms, March 13, 1981 to March 13, 1984. Duane Rohovit 721 North Van Buren W. 0. (Bill) Terry (3/13/79 to 3/13/81 unexpired term) 415 7th Ave. North Nicholas Johnson 1010 W. Benton Box 1876 Elaine Ivie 1424 Laurel Karla Cook 3113 Raven St. T 4. 0i16*5 ia3a michelte c+. MICROFILMED BY !JORM MICROLAB !CEDAR RAPIDS -DES MOINES ADVi-,RY BOARD/COMMISSION APPLICATIOi JRM Individuals serving on Boards/Commissions play an important role in advising the Council matters of interest to our community and its future. Applicants must reside in Iowa City. The City Council announces advisory board vacancies 60 days prior to the date the appointment will be made. This 60 -day period provides for a 30 -day advertising period and a 30 - day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. All applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. 8/ DATE ADVISORY BOARD/COMMISSION NAME Brnlnd6Akd Tele _(nvnh,��aira NAME Duane, �1�V, i ADDRESS 7ZI Oorf�, 1/AAI Btfr_A) OCCUPATION CLi-;-ref NP_V EMPLOYER SC F PHONE NUMBERS: RESIDENCE 36/ --Sr/1/7 BUSINESS F"DERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? The, nc is WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? Specific attention should be directed to possible conflict of interest in Urban Renewal project or as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Legal Dept. Will you have a conflict of interest? _YES XNO Knowing the length of term, are you willing to serve this term? A YES _NO you are not selected, do you want to be notified? DYES NO O L F If you are not ap oiriied for th current vacancy, do you wish to be cousid Po fftinfu vacancy? _YE �NO E►B B I EJYP©JL Fps CITY CLERK a 5( MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40INES L.,. n STATEMENT OF INTEREST A "yes" answer to any of the following questions will not necessarily exclude you from consideration for appointment to the Iowa City Broad- band Telecommunications Commission, However, the information will assist our Legal Department in determining whether or not there may exist a conflict of interest which would preclude your further consideration. Are you or is any member of your immediate family or anyone de- pendent upon you: t a. An employee of or a stockholder in either Hawkeye Cable - Vision Corporation, Eastern Iowa Cablevision Inc, or any parent company or subsidiary thereof, or in any other manner affiliated with any of the above? Yes _ No b. An employee of or a stockholder in any radio or television station or news publication operating in Iowa City or serving the Iowa City area or of any parent company or subsidiary thereof, or in any other manner affiliated with any of the above? Yes _ No� c. An employee, stockholder, partner, or proprietor of any corporation or business which has or is likely to have a significant contract or business connection with either Hawkeye Cable - Vision Corporation or Eastern Iowa Cablevision Inc., or a parent company or subsidiary thereof? Yes _ No. If you have answered "yes" to any of the above questions, please include a complete explanation using additional paper if necessary. ouane- Rohouf, i `7�Z I u , ()AN Burg �r� , MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES L.,. aS4 �l AUVI.._.<Y BOARD/COMMISSION APPLICATION .RM Individuals serving on Boards/Commissions play an important role in advising the Council matters of interest to our community and its future. Applicants must reside in Iowa City. The City Council announces advisory board vacancies 60 days prior to the date the appointment will be made. This 60 -day period provides for a 30 -day advertising period and a 30 - day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. All applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC, ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. DATE—/e-S/1 ADVISORY BOARD/COMMISSION NAMEI,C, B/ AJ AAAW TGlefo,"a L41hs4tJlhJERM —344 NAME LAJ b C Ia'IIl T'rr ADDRESS �-'�' �•� OCCUPATIONinr EMPLOYER S P.I S? PHONE NUMBERS: RESIDENCE 337.31,/'7__ BUSINESS 35'/-T33� F"DERIENCE AND/OR ACTIVITIES WHICH YOU'FEEL QUALIFY YOU FOR THIS POSITION: ���✓e Sef�cl 7�1,� �r sf 2�yS d� S (uY>fh,iSS an �n )h;}�«I to✓Y..,%iu r�. .6 r'�;� hC iJ:Ce-G�Ai�'>'+a r, WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? fi rt 0le�•w� ��it c A I �{A d� A / e'Sary -21 ree..%t n �X J1.., h ra,& �,• L 0r d; naA c .c WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? t'd 4 A. f w - r ,ea- 2.fer1e1mL AMA' h"nd Wil_! ieln SCG ;i tiro«4 C» inw. Specific attention should be directed to possible conflict of interest in Urban Renewal project or as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Legal Dept. Will you have a conflict of interest? _YES NO Lf Knowing the length of term, are you willing to serve this term? ,YES NO you are not selected, do you want to be notified? YES _NO FEB 1 '1981 If you are not ap me the current vacancy, do you wish AtMLS" ,?�goC!J� 'tura vacancy? _YES X NO CITY CLERKU ry 1979 ash MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES STATEMENT OF INTEREST A "yes" answer to any of the following questions will not necessarily exclude you from consideration for appointment to the Iowa City Broad• band Tal scosmunications Commission. However, the information will assist our Legal Department in determining whether or not there may exist a conflict of interest which would preclude your further consideration. Are you or is any member of your immediate family or anyone de- pendent upon you, a. An employee of or a stockholder in either Hawkeye Cable - Vision Corporation, Eastern Iowa Cablevision Inc, or any parent company or subsidiary thereof, or in any other manner affiliated with any of the above? Yes _ No Y b. An employee of or a stockholder in any radio or television station or news publication operating in Iowa City or serving the Iowa City. area or of any parent company or subsidiary thereof, or in any other manner affiliated with any of the above? Yes _ No c. An employee, stockholder, partner, or proprietor of any corporation or business which has or is likely to have a significant contract or business connection with either r Hawkeye Cable — Vision Corporation or Eastern Iowa Cablevision Inc., or a parent company or subsidiary thereof? Yes _ No. If you have answered "yes" to any of the above questions, please include a complete explanation using additional paper if necessary. as4 MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES MOINES ADVISL..,'BOARD/COMMISSION APPLICATION , .M Individuals serving on Boards/Commissions play an important role in advising the Council matters of interest to our community and its future. Applicants must reside in Iowa City. `-' the City Council announces advisory board vacancies 60 days prior to the date the appointment will be made. This 60 -day period provides for a 30 -day advertising period and a 30 - day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting, Appointees serve as unpaid volunteers. All applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. IC064" -Tzkc. ADVISORY BOARD/COMMISSION NAMEy M%d%or% NAME N ICER al J(66soj\ OCCUPATION kjr,+Izlf/Ir.Vr~ PHONE NUMBERS: RESIDENCE '6'19 - SSSS DATE F2b I rl 9 114:7. EMPLOYER S4 h BUSINESS SOw-a- F"aERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: Ss2-6-14 �:�'t7 W L:1\I�4—•� •�a�_'.1'l:�L�i'�R�_:� I ��� t ��ta�� _�1'�[/7�lLi` WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? lokva QA- v U V�f� vt2 eeti.c� 1, �9 Jot WHAT CONTRIBUTIONS DO YOU FEEL YOU Cy 0. MAKE TO THIS APPLYING)? -4o aki rwLfl m o I(ni.n.. to Ana 0 Nr SV hAv� 41,twD Z;-�' t Yt Edi -MPO VUL3QAA:k' &W(= Ca&k—%V BOARD ,(OR STATE REASON FOR Specific attention should be directed to possible conflict of interest in Urban Renewal project or as defined in Chapters 362.6, 403A.22 of the Code of Iowa, Should you be uncertain whether or not a potential conflict of int rest exists, contact the Lega) Dept. Will you have a conflict of interest? _YES NO Knowing the length of term, are you willing to serve this term? ✓ YES C FEB 1 8 1981 you are not selected, do you want to be notified? ✓ YES NO A B BI E S T 0 L F U. If you are not appointed for the current vacancy, do you wish to be considered gTYacimKe vacancy? ✓ YES NO January 1979 Qso6 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES V --I STATEMENT OF INTEREST A "yes" answer to any of the following questions will not necessarily exclude you from consideration for appointment to the Iowa City Broad- band Telecommunications Commission. However, the information will assist our Legal Department in determining whether or not there m4y lxist a conflict of interest which would preclude your further r consideration. Are you or is any member of your immediate family or anyone de- pendent upon you: a. An employee of or a stockholder in either Hawkeye Cable - Vision Corporation, Eastern Iowa Cablevision Inc, or any parent company or subsidiary thereof, or in any other manner affiliated with any of the above? Yes No ✓ b. An employee of or a stockholder in any radio or television station or news publication operating in Iowa City or serving the Iowa City area or of any parent company or subsidiary thereof, or in any other manner affiliated with any of the above? j + Yes _ No J $ c. An employee, stockholder, partner, or proprietor of any corporation or business which has or is likely to have a significant contract or business connection with either Hawkeye Cable — Vision Corporation or Eastern Iowa Cablevision Inc., or a parent company or subsidiary thereof? Yes No. If you have answered "yes" to any of the above questions, please include a complete explanation using additional paper if necessary. I r k i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES ADVISORY BOARD/COMMISSION APPLICATIUm FORM Individuals serving on Boards/Commissions play an important role in advising the Council matters of interest to our community and its future. Applicants must reside in Iowa City. �- the City Council announces advisory board vacancies 60 days prior to the date the appointment will be made. This 60 -day period provides for a 30 -day advertising period and a 30 - day training period for new members. The training period allows new members to become familiar with Lire responsibilities and duties of the advisory board before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. All applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. THIS APPLICATION 15 A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. DATE February 17, 1981 ADVISORY BOARD/COMMISSION NAMFeroadband Telecommunications TERM 3 year NAME Elaine Ivie ADDRESS 1424 Laurel. Iowa city. Town OCCUPATION Trust Officer EMPLOYER Iowa state Bank & Trust Company PHONE NUMBERS: RESIDENCE 338-1052 BUSINESS 338-3625 F"DERIENCFi ANP/ ACTIVITIES WHICH YOU FEEL gUALIFY `�OU FOR THIS POSITION: Although my field is %. Sr�iot commun cat on, my present an past exper ences a ould be of value 'i.e. u en y oard of rectors Oaknoll Retirement Residence, President Kappa Alpha Theta Building Corporation, own ity, past national officer Kappa Alpha Theta, past Administrative Board member First United Methed4et ehareit WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? I have contacted.a present! member of the commission to ascertain duties and feel I could obtain the necessary knowledge to make a contribution. WHAT CONTRIBUTIONS 00 YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD- (OR STATE REASON FOR APPLYING)?To increase my knowledge of_ rPlat+vgy npw nnrl It ung_AArU4rAkn th community and to generally serve the commimity as a rAnpnng4h1A n4r1zpn Specific attention should be directed to possible conflict of interest in Urban Renewal project or as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Legal Dept. Will you have a conflict of interest? _YES x_NO Knowing the length of term, are you willing to serve this term? x YES _ 1r410 �_T FER 1 9 9111 II 1 you are not selected, do you want to be notified? x YES _NO you are not appointed for the current vacancy, do you wish to be con ABBIE STOLFU: siderG1*iC@Efmture vacancy? x YES _NO Januarys` MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES MOINES J - L" STATEMENT OF INTEREST A "yes" answer to any of the following questions will not necessarily exclude you from consideration for appointment to the Iowa City Broad- band Telecommunications Commission. However, the information will assist our Legal Department in determining whether or not there may exist a conflict of interest which would preclude your further consideration. Are you or is any member of your immediate family or anyone de- pendent upon you: a. An employee of or a stockholder in either Hawkeye Cable - Vision Corporation, Eastern Iowa Cablevision Inc, or any parent company or subsidiary thereof, or in any other manner affiliated with any of the above? Yes _ No b. An employee of or a stockholder in any radio or television station or news publication operating in Iowa City or serving the Iowa City area or of any parent company or subsidiary thereof, or in any other manner affiliated with any of the above? Yes _ No C. An employee, stockholder, partner, or proprietor of any corporation or business which has or is likely to have a significant contract or business connection with either Hawkeye Cable - Vision Corporation or Eastern Iowa Cablevision Inc., or a parent company or subsidi y thereof? 95C't. .17�s"� Yes _ No. ]rtD,ni-anJ �,-e- If you have answered yes to any of the above questions, please "� include a complete explanation using additional paper if necessary. 7 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES I40INES a&4 ADV^'1RY BOARD/COMMISSION APPLICATIO" rORM Individuals serving on Boards/Commissions play an important role in advising the Council matters of interest to our community and its future. Applicants must reside in Iowa City. The City Council announces advisory board vacancies 60 days prior to the date the appointment will be made. This 60 -day period provides for a 30 -day advertising period and a 30 - day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. All applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. DATE �eb. '.o 1 /G&/ ADVISORY BOARD/COMMISSION NAME Broadhana J iar mrn n �' TERM 3 V rs, NAME prlG l ,onK ADDRESS 3113 1� o n .S'f OCCUPATION �IYIq +� j e o c {Y er EMPLOYER PHONE NUMBERS: RESIDENCE J33k-n y55 BUSINESS _33,Y -5 z/3 6 F"DERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION:4— ANOW'9/"LLi hrAj 00 1 J� trn P emti v y�, ) n o , a 4; re W//HAT IS YOUR PRESEN�TY KNOWLEDGE OF THIS ADVISORY BOARD? ons. A n...J.•i n.. _ I_ ph" % D yf/ J'o WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? — r ! Specific attention should bedirected to possible conflict of interest in Urban Renewal project j or as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Legal Dept. Will you have a conflict of interest? _YES y_NO Knowing the length of term, are you willing to serve this term? YES NO you are not selected, do you want to be notified? X YES NO If you are not appointed for the current vacancy, do you wish to be considered for a future vacancy? Y YES NO January 1979 Q�4 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES L4 k" STATEMENT OF INTEREST A "yes" answer to any of the following questions will not necessarily exclude you from consideration for appointment to the Iowa City Broad- band Telecommunications Commission. However, the information will assist our Legal Department in determining whether or not there may exist a conflict of interest which would preclude your further consideration. Are you or is any member of your immediate family or anyone de- pendent upon you: a. An employee of or a stockholder in either Hawkeye Cable - Vision Corporation, Eastern Iowa Cablevision Inc, or any parent company or subsidiary thereof, or in any other manner affiliated with any of the above? Yes _ No ✓/ b. An employee of or a stockholder in any radio or television station or news publication operating in Iowa City or serving the Iowa City area or of any parent company or subsidiary thereof, or in any other manner affiliated with any of the above? Yes _ No 1/ C. An employee, stockholder, partner, or proprietor of any corporation or business which has or is likely to have a significant contract or business connection with either Hawkeye Cable - Vision Corporation or Eastern Iowa Cablevision Inc., or a parent company or subsidiary thereof? Yes _ No. V If you have answered "yes" to any of the above questions, please include a complete explanation using additional paper if necessary. a5` MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES ADVI11_ Y BOARD/COMMISSION APPLICATION RM Individuals serving on Boards/Commissions play an important role in advising the Council matters of interest to our community and its future. Applicants must reside in Iowa City. The City Council announces advisory board vacancies 60 days prior to the date the appointment will be made. This 60 -day period provides for a 30 -day advertising period and a 30 - day training period for new members. The training period allows new members to become familiar with the responsibilities and duties of the advisory board before becoming a full voting member. After a vacancy has been announced and the 30 -day advertising period has expired, the Council reviews all applications during the informal work session. The appointment is announced at the next formal Council meeting. Appointees serve as unpaid volunteers. All applications must be submitted to the City Clerk no later than one week prior to the announced appointment date. THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR THE PUBLIC. ALL NAMES WILL BE DROPPED FROM THE LIST AFTER A ONE-YEAR PERIOD. DATE February 23, 1981 ADVISORY BOARD/COMMISSION NAME Broadband Telecommunications com- TERM March 13, 1981 thru mission March 13,1984 NAME J. L. (Jim) Williams ADDRESS 1238 Michelle Court OCCUPATION operations Manager EMPLOYER Dome pipeline corporation PHONE NUMBERS: RESIDENCE 338-8707 BUSINESS 354-7722 F"DERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION: Member of Iowa and National Engineering Societies. Experience in Design and Operations of Pipeline Systems which include communications equipment and dealing with landowners. I j WHAT 1S YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD? I have read the Notice published by the City Council. i f WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR APPLYING)? _ r feel that I can be completely obiective on issues sin am: (1) Familiar i with business, (2) a citizen•of Iowa City, and (3) a customer of cable TV. Specific attention should be directed to possible conflict of interest in Urban Renewal project or as defined in Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a potential conflict of interest exists, contact the Legal Dept. Will you have a conflict of interest? _YES x NO Knowing the length of term, are you willing to serve this term? x YES �NO� you are not selected, do you want to be notified? x YES _NO D FEQ2 i) 1981 If you are not appointed for the current vacancy, do you wish to be considered for a fu ure vacancy? _YES x NO ABBI E— I L Ll U CITY & y 1979 MICROFILMED BY `JORM MICRO_ LAB CEDAR RAPIDS -DES I40INES L�' P64 STATEMENT OF INTEREST A "yes" answer to any of the following questions will not necessarily exclude you from consideration for appointment to the Iowa City Broad- band Telecommunications Commission. However, the information will assist our Legal Department in determining whether or not there may exist a conflict of interest which would preclude your further ( consideration. Are you or is any member of your immediate family or anyone de- pendent upon you: z a. An employee of or a stockholder in either Hawkeye Cable - Vision Corporation, Eastern Iowa Cablevision Inc, or any parent company or subsidiary thereof, or in any other manner affiliated with any of the above? I Yes _ No b. An employee of or a stockholder in any radio or television station or news publication operating in Iowa City or serving the Iowa City area or of any parent company or subsidiary thereof, or in any other manner affiliated with any of the above? Yes _ No C. An employee, stockholder, partner, or proprietor of any corporation or business which has or is likely to have a significant contract or business connection with either Hawkeye Cable — Vision Corporation or Eastern Iowa Cablevision Inc., or a parent company or subsidiary thereof? Yes _ No. If you have answered "yes" to any of the above questions, please Include a complete explanation using additional paper if necessary. GLY9 MICROFILMED DY `JORM MICROLAB CEDAR RAPIDS•DES MOINES