R08-139
II
1 RESOLUTION R08- /31
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4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING ADOPTION OF THE CITY OF
7 BOYNTON BEACH'S COMMUNITY
8 DEVELOPMENT BLOCK GRANT (CDBG)
9 SUBSTANTIAL PLAN AMENDMENT AND
10 AUTHORIZING EXECUTION BY THE MAYOR AND
11 CITY CLERK; AND PROVIDING AN EFFECTIVE
12 DATE.
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14 WHEREAS, the City of Boynton Beach has been advised that, as a Community
IS Development Block Grant entitlement community, it has been given an allocation under Title
16 III of Division B of the Housing and Economic Recovery Act of 2008, for the purpose of
17 assisting in the redevelopment of abandoned and foreclosed homes under the Emergency
18 Assistance for Redevelopment of Abandoned and Foreclosed Homes heading, referred to as
19 the Neighborhood Stabilization Program; and
20 WHEREAS, all activities funded under the program must be used to provide benefits
21 to individuals and families whose incomes do not exceed 120% if the median income; and
22 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
23 interest of the citizens and residents of the City to approve the adoption of the Community
24 Development Block Grant (CDBG) Substantial Plan Amendment.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY
26 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 eing true and correct and are hereby made a specific part of this Resolution upon adoption
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1 Section 2. The City Commission of the City of Boynton Beach, Florida does
2 hereby approve the adoption of the City of Boynton Beach's Community Development Block
3 Grant (CDBG) Substantial Plan Amendment and authorizing execution by the Mayor and City
4 Clerk, a copy of said Plan Amendment being attached hereto as Exhibit "A".
5 Section 3. This Resolution will become effective immediately upon passage.
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6 PASSED AND ADOPTED thisAt/, day of November, 2008.
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14 ~Yor- .
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J7 Commissioner - Ronald e. n~
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J9 t'/ L~/~~<~Z~) L ~
20 :732:2Odro2
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23 Commissioner - Marlene Ross
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31 (Corporate Seal)
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APPLICATION FOR OMS Approved No. 3076-0006 Version 7/03
FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier
December 1, 2008
1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier
Application Pre-application
[] Construction ~ Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier
fZ] Non-Construction o Non-Construction B-08-MC-12-0043
5. APPLICANT INFORMATION
Legal Name: Organizational Unit:
City of Boynton Beach Department:
Development
Organizational DUNS: Division:
07-224-7133 FTB Community Improvement
Address: Name and telephone number of person to be contacted on matters
Street: involving this application (give area code)
Prefix: First Name:
100 E. Boynton Beach Blvd Octavia
City: Middle Name
Boynton Beach
Count~: Last Name
Palm each Sherrod
State: Zij:! Code Suffix:
Florida 33435
Country: Email:
sherrodo@bbfl.us
6. EMPLOYER IDENTIFICATION NUMBER (EIN): Phone Number (give area code) I Fax Number (give area code)
@]@]-@]@][9J[]~~@] 561/742-6066 5611742-6089
8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types)
[] New [] Continuation 117 Revision Municipal
If Revision, enter appropriate letter(s) in box(es)
(See back of form for description of letters.) 0 0 Other (specify)
Other (specify) 9. NAME OF FEDERAL AGENCY:
Federal Mediation and Conciliation Service
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT:
00-000 Neighborhood Stabilization Program (NSP)
Purchase abandoned foreclosed properties
TITLE (Name of Program): Provide Down Payment Assistance for First time Homebuyers
Labor Management Cooperation Program
12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.):
Boynton Beach Palm Beach County Florida
13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF:
Start Date: I Ending Date: a. Applicant ~~ Project
02/01/09 23
15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE
ORDER 12372 PROCESS?
a. Federal $ .00 [] THIS PREAPPlICATION/APPlICATION WAS MADE
2,963,311 a. Yes. .. AVAILABLE TO THE STATE EXECUTIVE ORDER 12372
b. Applicant ~ .00 PROCESS FOR REVIEW ON
c. State ~ .00 DATE:
d. Local ~ .00 b. No. [] PROGRAM IS NOT COVERED BY E. 0.12372
e. Other ~ uu Cl OR PROGRAM HAS NOT BEEN SELECTED BY STATE
FOR REVIEW
f. Program Income ~ uu 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?
g. TOTAL ~ uu o Yes If "Ves" attach an explanation. l[j No
2,963,311 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLlCATION/PREAPPLlCATION ARE TRUE AND CORRECT. THE
DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE
ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED.
a. Authorized RenrAsentative
Prefix I First N~e Middle Name
erry
Last Name Taylor Suffix
b. Title ~. Telephone Number (give area code)
-,-: Mavor
LSignatlfJ:;t~orize~s;t~ e. Date Signed 11- Zi./ -() f
Previo~~ition ):~Ie .)# ~ Standard Form 424 (Rev.9-2003)
Authorized for Lo I Rearo tion Prescribed bv OMB Circular A-102
THE NSP SUBSTANTIAL AMENDMENT S
Jurisdiction(s): City of Bovnton Beach NSP Contact Person: Octavia S. Sherrod
(identify lead entity in case of joint Address: 100 E. Boynton Beach Blvd.
agreements) Boynton Beach. FL 33435
Telephone: 561/742-6066
Jurisdiction Web Address: Fax: 561/742-6089
www.bovnton-beach.org Email: sherrodo@bbfl.us
A. AREAS OF GREATEST NEED
Provide summary needs data identifying the geographic areas of greatest need in the
grantee's jurisdiction.
Note: An NSP substantial amendment must include the needs of the entire jurisdiction(s)
covered by the program; states must include the needs of communities receiving their
own NSP allocation. To include the needs of an entitlement community, the State may
either incorporate an entitlement jurisdiction's consolidated plan and NSP needs by
reference and hyperlink on the Internet, or state the needs for that jurisdiction in the
State's own plan. The lead entity for a joint program may likewise incorporate the
consolidated plan and needs of other participating entitlement jurisdictions' consolidated
plans by reference and hyperlink or state the needs for each jurisdiction in the lead
entity's own plan.
HUD has developed a foreclosure and abandonment risk score to assist grantees in
targeting the areas of greatest need within their jurisdictions. Grantees may wish to
consult this data, in developing this section of the Substantial Amendment.
Response:
In order to determine the areas of greatest need the city was divided into quadrants,
bounded by census tracts and roughly corresponding to City Commission Districts. An
analysis of the information provided by HUD through Policy Map, a geographic
information system, indicates that the areas of greatest need tend to be in the northwest
and northeast quadrants of the city.
Within the northwest quadrant, 1328 mortgages out of 8948 are in foreclosure. This
represents nearly 15% of the total mortgages in this quadrant. Moreover, nearly 17% of
the mortgages in this area are sub prime. It appears that there may be only a small section
of this quadrant that is in jeopardy of having additional foreclosures within the next 18
months. Unfortunately, there is not enough data available to provide a more precise
projection.
The northeast quadrant of the city has 5938 mortgages. Of these, approximately 653 are
in foreclosure for a foreclosure rate of about 11%. Sub prime mortgages range up to 28%
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of the total within this quadrant. Data also indicates additional foreclosure problems
within the next 18 months.
Of 7253 mortgages in the southeast quadrant, 641 or 9% are in foreclosure. However,
there is not sufficient data to predict what the next 18 months will yield.
The southwest quadrant has 309 foreclosures out of 4458 mortgages. This represents a
7% foreclosure rate. Although this quadrant has not been as severely affected as the
others, there is reason to be concerned as to what the next 18 months will bring.
Although the numbers previously noted for each quadrant appear to be quite high, some
of these units may have been resold. Nevertheless, the numbers are still significant,
thereby generating a need for a remedy.
B. DISTRIBUTION AND USES OF FUNDS
Provide a narrative describing how the distribution and uses of the grantee's NSP funds
will meet the requirements of Section 2301 (c)(2) of HERA that funds be distributed to the
areas of greatest need, including those with the greatest percentage of home foreclosures,
with the highest percentage of homes financed by a subprime mortgage related loan, and
identified by the grantee as likely to face a significant rise in the rate of home
foreclosures. Note: The grantee's narrative must address these three stipulated need
categories in the NSP statute, but the grantee may also consider other need categories.
Response:
NSP funds will be used to purchase abandoned foreclosed properties within the City of
Boynton Beach, specifically the areas shown to have the greatest need as identified in
Section A of this application. Seventy five percent of the city's foreclosed properties are
located within the northwest and northeast quadrants. Subprime mortgages are also
heaviest within these areas. It is anticipated that the rate of foreclosures will be increasing
in these areas as well.
e. DEFINITIONS AND DESCRIPTIONS
(1) Definition of "blighted structure" in context of state or local law.
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Response:
Florida Statute 163.340 defines "Blighted Area" as an area in which there are a
substantial number of deteriorated, or deteriorating structures, in which conditions, as
indicated by government-maintained statistics or other studies, are leading to economic
distress or endanger life or property, and in which two or more of the following factors
are present:
(a) Predominance of defective or inadequate street layout, parking facilities,
roadways, bridges, or public transportation facilities;
(b) Aggregate assessed values of real property in the area for ad valorem tax purposes
have failed to show any appreciable increase over the 5 years prior to the finding
of such conditions;
(c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
(d) Unsanitary or unsafe conditions;
(e) Deterioration of site or other improvements;
(f) Inadequate and outdated building density patterns;
(g) Falling lease rates per square foot of office, commercial, or industrial space
compared to the remainder of the county or municipality;
(h) Tax or special assessment delinquency exceeding the fair value of the land;
(i) Residential and commercial vacancy rates higher in the area than in the remainder
of the county or municipality;
(j) Incidence of crime in the area higher than in the remainder of the county or
municipality;
(k) Fire and emergency medical service calls to the area proportionately higher than
in the remainder of the county or municipality;
(1) A greater number of violations of the Florida Building Code in the area than the
number of violations recorded in the remainder of the county or municipality
(m)Diversity of ownership or defective or unusual conditions of title which prevent
the free alienability of land within the deteriorated or hazardous area; or
(n) Governmentally owned property with adverse environmental conditions caused
by a public or private entity.
Part III, City of Boynton Beach Land Development Regulations, Chapter 20, Buildings,
Housing and Construction Regulations, Article VIII, Section 1
G. Unfit Dwelling Units,
1. Eligibility. Any dwelling or dwelling unit having the following defects, may be
designated by the Development Department as unfit for human habitation:
(a) The structure lacks illumination, ventilation, sanitation, heat, inadequate or
unsafe wiring or other facilities adequate to protect the health and safety of the
occupants or the public
(b) The structure is damaged, decayed, dilapidated, unsanitary, unsafe or vermin
infested in such manner as to create a serious hazard to the health and safety of the
occupants or the public.
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(c) The structure, because of the location, general condition, state of the premises
or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise
detrimental to health and safety that it creates a serious hazard to the occupants or the
public.
(d) The structure, because of the failure of the owner or occupant to comply with
such notices or orders issued pursuant to this article, is unfit for human habitation.
(2) Definition of "affordable rents." Note: Grantees may use the definition they have
adopted for their CDBG program but should review their existing definition to ensure
compliance with NSP program -specific requirements such as continued affordability.
Response:
Affordable Rents is defined as those rents which do not exceed 30% of an amount
representing the percentage of the area's median annual gross income adjusted for family
size for very low-, low-, or moderate-income households, and the rents may not exceed
the rent limits adjusted for bedroom size for the West Palm Beach-Boca Metropolitan
Statistical area as defined by the U. S. Department of Housing and Urban Development
annually.
(3) Describe how the grantee will ensure continued affordability for NSP assisted
housing.
Response:
All applicants purchasing units with NSP funds will be required to attend housing
counseling classes at a minimum of eight hours conducted by HUD approved counseling
agenCIes.
To the greatest extent possible, mortgage payments should not exceed 30% of the
family's monthly income.
For purposes of rehabilitation, each dwelling purchased with NSP funds will adhere to
HOME standards according to 24CFR 92.251 (a) (1) Housing that is constructed or
rehabilitated with HOME (NSP) funds must meet all applicable local codes, rehabilitation
standards, ordinances, and zoning ordinances at the time of project completion.
No subprime mortgages will be allowed
Dwellings previously purchased with HOME funds will revive those restrictions.
All dwellings purchased with NSP funds will be secured by a promissory note and
mortgage with the City of Boynton Beach for a period of time as specified in the
agreement for a period of time no less than 15 years.
(4) Describe housing rehabilitation standards that will apply to NSP assisted activities.
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Response: S
The Housing standards governing dwellings purchased or constructed through the NSP
program will be in accordance with compliance with the following statutory and
regulatory requirements:
Building Code: BOCA existing structures Code 1994 d.
City of Boynton Beach Local Housing Code
Housing Quality Standards
Life Safety Code
Model Energy Code
ANSI standards for handicap accessibility
HUD guidelines for the Evaluation and Control of Lead Based Paint
Hazards in Housing
D. Low INCOME TARGETING
Identify the estimated amount of funds appropriated or otherwise made available under
the NSP to be used to purchase and redevelop abandoned or foreclosed upon homes or
residential properties for housing individuals or families whose incomes do not exceed 50
percent of area median income:
Note: At least 25% of funds must be used for housing individuals and families whose
incomes do not exceed 50 percent of area median income.
Response:
$740.828.00 represents 25% ofthe NSP funds available to the City of Boynton Beach. At
a minimum, this will be the amount of funds that will be expended on families whose
incomes do not exceed 50% ofthe area median income.
E. ACQUISITIONS & RELOCATION
Indicate whether grantee intends to demolish or convert any low- and moderate-income
dwelling units (i.e., -:;.80% of area median income).
If so, include:
. The number of low- and moderate-income dwelling units-i.e., ~80% of area
median income-reasonably expected to be demolished or converted as a direct
result of NSP-assisted activities.
. The number of NSP affordable housing units made available to low- , moderate-,
and middle-income households-i.e., :=;; 120% of area median mcome-
reasonably expected to be produced by activity and income level as provided for
in DRGR, by each NSP activity providing such housing (including a proposed time
schedule for commencement and completion).
. The number of dwelling units reasonably expected to be made available for
households whose income does not exceed 50 percent of area median income.
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Response:
The City of Boynton Beach does not plan to demolish or convert any existing low- and
moderate-income dwellings with the use ofNSP funds.
F. PUBLIC COMMENT
Provide a summary of public comments received to the proposed NSP Substantial
Amendment.
Note: Proposed NSP Substantial Amendment must be published via the usual methods
and posted on the jurisdiction's website for no less than 15 calendar days for public
comment.
Response:
The NSP Substantial Amendment was published and posted on the City of Boynton
Beach's website beginning November 14,2008.
NSP INFORMA TION BY ACTIVITY (COMPLETE FOR EACH ACTIVITY)
(1) Activity Name:
Financing Mechanisms for purchase and redevelopment of foreclosed upon homes and
residential properties.
Activity Tvve:
Payment for reasonable costs associated with the planning and execution of the activities
of the program in an effort to facilitate housing.
National Ob;ective:
Low-Mod Housing providing permanent residential structures that will be occupied by
households whose annual income is at or below 120 percent of the area median.
Activity Description:
The City of Boynton Beach and/or its representatives will be negotiating purchasing from
lenders, vacant foreclosed properties in areas identified as having the highest volume of
foreclosed properties and/or are at risk of having a high volume of foreclosures. Persons
at or below 120 percent of the median income will be targeted, with special emphasis on
expending at a minimum 25 percent of the allocation assisting persons who are at or
below 50 percent of the area median income.
Information obtained by the City of Boynton Beach has identified the northwest and
northeast areas of the city as those having the highest volume of foreclosed properties.
Location Description: (Description may include specific addresses, blocks
or neighborhoods to the extent known.)
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The Northeast and Northwest quadrants of the city, also known as City Commission S
Districts II and IV.
Performance Measures: (e.g., units of housing to be acquired, rehabilitated,
or demolished for the income levels of households that are 50 percent of area median
income and below, 51-80 percent, and 81-120 percent).
50% of area median: ......................................3
51-80% of area median: .................................3
81-120% of median:.......................................6
Total Budget:
$2,273,311
Responsible Organization:
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
Pro;ected Start Date:
March 2009
Pro;ected End Date:
September 2010
Svecific Activity Requirements:
For acquisition activities, include:
. Discount rate
The City of Boynton Beach will adhere to NSP regulations by purchasing dwellings at a
minimum 5% discount rate, maintaining an average portfolio of 15%.
For jinancing activities, include:
. Range of interest rates
If due to market conditions, and non availability of first mortgage monies, the City of
Boynton Beach finds it necessary to service mortgages, the minimum rate of interest as of
this writing will be 3%.
For housing related activities, include:
. Duration or term of assistance: Minimum of 15 years
. Tenure of benejiciaries--rental or homeownership: Homeownership
. A description of how the design of the activity will ensure continued affordability
0 First time home buyers counseling from HUD certified counselors required
0 NSP funds will be secured by a promissory note and mortgage agreement for a
period of time no less than 15 years
0 Energy efficient mechanisms will be installed to the highest extent possible
0 No subprime mortgages will be allowed
0 First mortgage payments not to exceed 30% of applicants' annual income
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NSP INFORMA TION BY ACTIVITY (COMPLETE FOR Et!!Jl ACTIVITY)
(2) Activity Name:
Establish Financing Mechanism for Redevelopment of Residential Property.
Activitv Tvpe:
Down payment assistance for families to occupy 30 newly constructed single family
homes.
National Ob;ective:
Low-Mod Housing providing permanent residential structures that will be occupied by
households whose annual income is at or below 120 percent of the area median.
Activitv Description:
The Community Redevelopment Agency of the City of Boynton Beach plans to contract
with a developer to construct 30 single family homes in the northeast quadrant of the city
on property acquired in the process of blight removal. Families at or below 120 percent of
the median income will be the targeted purchasers. At a minimum, 25% of the units will
be occupied by persons or families who are at or below 50 percent of the area median
Income.
Location Description: (Description may include specific addresses, blocks
or neighborhoods to the extent known).
Northeast quadrant of the city within census tract 6100.
Performance Measures: (e.g., units of housing to be acquired, rehabilitated,
or demolished for the income levels of households that are 50 percent of area median
income and below, 51-80 percent, and 81-120 percent).
50% of area median: ....................................8
51-80% of area median: ...............................8
81-120% of median: .................................. .14
Total Budget:
$400,000
Responsible Organization:
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
Community Redevelopment Agency ofthe City of Boynton Beach
Pro;ected Start Date:
Apri12009
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Proiected End Date:
October 2010
Specific Activity Requirements:
For acquisition activities, include:
. Discount rate: NI A, new construction
. Range of interest rates: Unable to determine first mortgage rate at this time NSP
funds from 0 to 3% - market conditions at that time will dictate
. Duration or term of assistance: Minimum of 15 years
. Tenure of beneficiaries--rental or homeownership: Homeownership
. A description of how the design of the activity will ensure continued affordability
0 First time home buyers counseling from HUD certified counselors required
0 NSP funds will be secured by a promissory note and mortgage agreement for a
period of time no less than 15 years
0 Energy efficient mechanisms will be installed to the highest extent possible
0 No subprime mortgages will be allowed
0 First mortgage payments not to exceed 30% of applicants' annual income
NSP INFORMA TION BY ACTIVITY (COMPLETE FOR EACH ACTIVITY)
(3) Activity Name:
Planning and Administration of Neighborhood Stabilization Program funds.
Activity Type:
Administration.
National Obiective:
Decent Housing.
Activity Description:
General administrative expenses incurred by the City Of Boynton Beach in performing,
planning and monitoring of the Neighborhood Stabilization Program.
Location Descrivtion: (Description may include specific addresses, blocks
or neighborhoods to the extent known).
N/A
Performance Measures: (e.g., units of housing to be acquired, rehabilitated,
or demolished for the income levels of households that are 50 percent of area median
income and below, 51-80 percent, and 81-120 percent).
N/A
Total Budget:
$290,000
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. Responsible 0 . @
CIty of Boynt B rgamzation:
100 on each
B E. Boynton Beach Blvd
oynton Beach Fl . d .
, on a 33435
Pro;ected Start D
September 2009 ate:
Pro;ected End D
October 2010 ate:
N/A Svecific Activitv R .
equzrements:
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CERTIFICATIONS
(1) Affirmatively furthering fair housing. The jurisdiction will affirmatively further fair
housing, which means that it will conduct an analysis to identify impediments to fair housing
choice within the jurisdiction, take appropriate actions to overcome the effects of any
impediments identified through that analysis, and maintain records reflecting the analysis and
actions in this regard.
(2) Anti-lobbying. The jurisdiction will comply with restrictions on lobbying required by
24 CFR part 87, together with disclosure forms, if required by that part.
(3) Authority of Jurisdiction. The jurisdiction possesses the legal authority to carry out
the programs for which it is seeking funding, in accordance with applicable HUD regulations
and other program requirements.
(4) Consistency with Plan. The housing activities to be undertaken with NSP funds are
consistent with its consolidated plan, which means that NSP funds will be used to meet the
congressionally identified needs of abandoned and foreclosed homes in the targeted area set
forth in the grantee's substantial amendment.
(5) Acquisition and relocation. The jurisdiction will comply with the acquisition and
relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR
part 24, except as those provisions are modified by the Notice for the NSP program published
by HUD.
(6) Section 3. The jurisdiction will comply with section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u), and implementing regulations at 24 CFR part
135.
(7) Citizen Participation. The jurisdiction is in full compliance and following a detailed
citizen participation plan that satisfies the requirements of Sections 24 CFR 91.105 or 91.115,
as modified by NSP requirements.
(8) Following Plan. The jurisdiction is following a current consolidated plan (or
Comprehensive Housing Affordability Strategy) that has been approved by HUD.
(9) Use of funds in 18 months. The jurisdiction will comply with Title III of Division B
of the Housing and Economic Recovery Act of 2008 by using, as defined in the NSP Notice,
all of its grant funds within 18 months of receipt of the grant.
(10) Use NSP funds ~120 of AMI. The jurisdiction will comply with the requirement that
all of the NSP funds made available to it will be used with respect to individuals and families
whose incomes do not exceed 120 percent of area median income.
(11) Assessments. The jurisdiction will not attempt to recover any capital costs of public
improvements assisted with CDBG funds, including Section 108 loan guaranteed funds, by
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assessing any amount against properties owned and occupied by persons of 10w- and
moderate-income, including any fee charged or assessment made as a condition of obtaining
access to such public improvements. However, ifNSP funds are used to pay the proportion of
a fee or assessment attributable to the capital costs of public improvements (assisted in part
with NSP funds) financed from other revenue sources, an assessment or charge may be made
against the property with respect to the public improvements financed by a source other than
CDBG funds. In addition, with respect to properties owned and occupied by moderate-
income (but not low-income) families, an assessment or charge may be made against the
property with respect to the public improvements financed by a source other than NSP funds
if the jurisdiction certifies that it lacks NSP or CDBG funds to cover the assessment.
(12) Excessive Force. The jurisdiction certifies that it has adopted and is enforcing: (1) a
policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
(2) a policy of enforcing applicable State and local laws against physically barring entrance
to or exit from, a facility or location that is the subject of such non-violent civil rights
demonstrations within its jurisdiction.
(13) Compliance with anti-discrimination laws. The NSP grant will be conducted and
administered in conformity with title VI of the Civil Rights Act of 1964 (42 US.C. 2000d),
the Fair Housing Act (42 US.C. 3601-3619), and implementing regulations.
(14) Compliance with lead-based paint procedures. The activities concerning lead-
based paint will comply with the requirements of part 35, subparts A, B, J, K, and R of this
title.
(15) Compliance with laws. The jurisdiction will comply with applicable laws.
// ,It} - tJ8'"
Si Date
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Title
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NSP Substantial Amendment Checklist @
For the purposes of expediting review, HUD asks that applicants submit the following
checklist along with the NSP Substantial Amendment and SF-424.
Contents of an NSP Action Plan Substantial Amendment
Jurisdiction(s): City of Bovnton Beach NSP Contact Person: Octavia S. Sherrod
(identify lead entity in case of joint Address: 100 E. Bovnton Beach Blvd.
agreements) Boynton Beach. FL 33435
Telephone: 561/742-6066
Jurisdiction Web Address: Fax: 561/742-6089
www.boynton-beach.org Emai/: sherrodo@bbfl.us
The elements in the substantial amendment required for the Neighborhood Stabilization
Program are:
A. AREAS OF GREATEST NEED
Does the submission include summary needs data identifying the geographic areas of
greatest need in the grantee's jurisdiction?
Yes C8J No D. Verification found on page _'
B. DISTRIBUTION AND USES OF FUNDS
Does the submission contain a narrative describing how the distribution and uses of the
grantee's NSP funds will meet the requirements of Section 2301(c)(2) of HERA that
funds be distributed to the areas of greatest need, including those with the greatest
percentage of home foreclosures, with the highest percentage of homes financed by a
subprime mortgage related loan, and identified by the grantee as likely to face a
significant rise in the rate of home foreclosures?
Yes C8J No D. Verification found on page _'
Note: The grantee's narrative must address the three stipulated need categories in the
NSP statute, but the grantee may also consider other need categories.
C. DEFINITIONS AND DESCRIPTIONS
For the purposes ofthe NSP, do the narratives include:
. A definition of "blighted structure" in the context of state or local law ,
Yes C8J No D. Verification found on page _'
. A definition of "affordable rents,"
Yes C8J No D. Verification found on page _'
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. A description of how the grantee will ensure continued affordability for NSP "-.../
assisted housing,
Yes ~ No D. Verification found on page _.
. A description of housing rehabilitation standards that will apply to NSP assisted
activities?
Yes ~ No D. Verification found on page _'
D. Low INCOME TARGETING
. Has the grantee described how it will meet the statutory requirement that at least
25% of funds must be used to purchase and redevelop abandoned or foreclosed
upon homes or residential properties for housing individuals and families whose
incomes do not exceed 50% of area median income?
Yes ~ No D. Verification found on page _'
. Has the grantee identified how the estimated amount of funds appropriated or
otherwise made available will be used to purchase and redevelop abandoned or
foreclosed upon homes or residential properties for housing individuals or
families whose incomes do not exceed 50% of area median income?
Yes ~ No D. Verification found on page _'
Amount budgeted = $
-
E. ACQUISITIONS & RELOCATION
Does grantee plan to demolish or convert any low- and moderate-income dwelling units?
Yes D No ~. (If no, continue to next heading)
Verification found on page _'
If so, does the substantial amendment include:
. The number of low- and moderate-income dwelling units-i.e., ~ 80% of area
median income-reasonably expected to be demolished or converted as a direct
result ofNSP-assisted activities?
Yes D No ~. Verification found on page 7
. The number of NSP affordable housing units made available to low- , moderate-,
and middle-income households-i.e., ~ 120% of area median income-
reasonably expected to be produced by activity and income level as provided for
in DRGR, by each NSP activity providing such housing (including a proposed time
schedule for commencement and completion)?
Yes D No D. Verification found on page _'
. The number of dwelling units reasonably expected to be made available for
households whose income does not exceed 50 percent of area median income?
Yes D No D. Verification found on page _'
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F. PUBLIC COMMENT PERIOD @
Was the proposed action plan amendment published via the grantee jurisdiction's usual
methods and on the Internet for no less than 15 calendar days of public comment?
Yes ~ No D. Verification found on page _.
Is there a summary of citizen comments included in the final amendment?
Yes D No D Verification found on page _'
G. INFORMATION BY ACTIVITY
Does the submission contain information by activity describing how the grantee will use the
funds, identifying:
. Eligible use of funds under NSP,
Yes ~ No D. Verification found on page _'
. Correlated eligible activity under CDBG,
Yes ~ No D. Verification found on page _'
. The areas of greatest need addressed by the activity or activities,
Yes ~ No D. Verification found on page _'
. Expected benefit to income-qualified persons or households or areas,
Yes ~ No D. Verification found on page _'
. Does the applicant indicate which activities will count toward the statutory
requirement that at least 25% of funds must be used to purchase and redevelop
abandoned or foreclosed upon homes or residential properties for housing
individuals and families whose incomes do not exceed 50% of area median
income?
Yes ~ No D. Verification found on page _'
. Appropriate performance measures for the activity,
Yes ~ No D. Verification found on page _'
. Amount of funds budgeted for the activity,
Yes ~ No D. Verification found on page _'
. The name, location and contact information for the entity that will carry out the activity,
Yes ~ No D. Verification found on page .
. Expected start and end dates of the activity?
Yes ~ No D. Verification found on page _'
. If the activity includes acquisition of real property, the discount required for
acquisition of foreclosed upon properties,
Yes ~ No D. Verification found on page .
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8
. If the activity provides financing, the range of interest rates (if any),
Yes [8] No D. Verification found on page _'
. If the activity provides housing, duration or term of assistance,
Yes [8] No D. Verification found on page _'
. Tenure of beneficiaries (e.g., rental or homeownership),
Yes [8] No D. Verification found on page _'
. Does it ensure continued affordability?
Yes [8] No D. Verification found on page _'
H. CERTIFICATIONS
The following certifications are complete and accurate:
(1) Affirmatively furthering fair housing Yes [8] No 0
(2) Anti-lobbying Yes [8] No 0
(3) Authority of Jurisdiction Yes [8] No 0
(4) Consistency with Plan Yes [8] No 0
(5) Acquisition and relocation Yes [8] No 0
(6) Section 3 Yes [8] No 0
(7) Citizen Participation Yes [8] No 0
(8) Following Plan Yes [8] No 0
(9) Use of funds in 18 months Yes [8] No 0
(10) Use NSP funds :S;120 of AMI Yes [8] No 0
(11) No recovery of capital costs thru special assessments Yes [8] No 0
(12) Excessive Force Yes [8] No 0
(13) Compliance with anti-discrimination laws Yes [8] No 0
(14) Compliance with lead-based paint procedures Yes [8] No 0
(15) Compliance with laws Yes [8] No 0
17