R09-064
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I RESOLUTION R09- OlD t4
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4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 ADOPTING THE STATE HOUSING INITIATIVES
7 PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING
8 ASSISTANCE PLAN, FOR STATE FISCAL YEARS
9 2009/10,2010/11,2011/12; PROVIDING AN EFFECTIVE
10 DATE.
11
12 WHEREAS, in accordance with Florida Statutes Chapter 420, dedicated revenues
13 resulting from the William E Sadowski Affordable Housing Act are distributed to various
14 municipalities that are "entitled" communities to assist with atIordable housing efforts; and
15 WHEREAS, The Plan (attached hereto and made a part hereof) was initially
16 established in 1997 with input from citizens directly involved in the housing industry, and is
17 consistent with the housing element of the City"s Comprehensive Plan; and
18 WHEREAS, the City tinds pursuant to Chapter 420.3075(6), Florida Statutes, that
19 5% of the Local Housing Distribution is insufficient to adequately pay the necessary costs
20 of admiOlstering the Local Housing Assistance Plan, and intends to utilize the maximum
21 allowable distribution of 10%: and
22 WHEREAS. upon the recommendation of stan: the City Commission deems it to
')"' be in the best interests of the citizens and residents of the City of Boynton Beach to adopt
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24 the City's Local Housing Assistance Plan (LHAP) for State Fiscal Years.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 St,ction I. Ihe j()regoing "\\'hereas" clausc~ are true and correct and are hereby
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28 ratified and confirmed bv the City Commission.
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S \CA\R!-S( )\SIlJP HOUSJn~ Plan 20()l!.IO doc
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1 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
2 adopts the City's Local Housing Assistance Plan (LHAP) for State Fiscal Years 2009/1 0,
3 2010/1 Land 2011/12, subject to receipt of funding.
4 Section 3. This Resolution shall become etlective immediately upon passage.
II
5 PASSED AND ADOPTED this .:II day of April, 2009.
6
7 CITY OF BOYNTON BEACH. FLORIDA
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]6 Commissioner Ronald Weiland
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22 Commissioner .. Marlene Ross
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24 ATTEST:
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;8 /(~_ .1-\i!.L'in Phf:LV......t
29 / Ja t M. Prainito. CMC
30 ,.{ Ity Clerk
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S \(^\I{I:S()\SIIIP Housll1~ Plan ]00'>10 doc
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NAME OF LOCAL GOVERNMENT
CITY OF BOYNTON BEACH
SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP)
FISCAL YEARS COVERED
2009/2010,201012011, & 201112012
Department of Development - Community Improvement Division
Octavia S. Sherrod, Community Improvement Manager
Brenda Cornelius, Affordable Housing Administrator
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I. PROGRAM DESCRIPTION:
A. Name of the participating local government and Interlocal if Applicable:
CITY OF BOYNTON BEACH
Interlocal: Yes No X
Name of participating local government(s) in the Interlocal Agreement;
N/A
B. Purpose of the program:
Creation ofthe Plan is for the purpose of meeting the housing needs ofthe very low, low
and moderate income households, to expand production of and preserve affordable
housing, to further the housing element of the local government comprehensive plan
specific to affordable housing.
The City of Boynton Beach's Local Housinq Assistance Plan was initiated
with the adoption of Ordinance No. 97-11 on May 6, 1997. The proqram
was designed to promote and implement the qoals of the State Housinq
Initiatives Partnership (SHIPl Proqram and the Housinq Element to the
City's Comprehensive Plan by producinq and preservinq affordable
housinq. It is used citywide to increase affordable housinq for extremely-
low income, very-low income, low-income, and moderate-income
households within the City limits. The proqram also helps implement the
qoals of the City's Community Development Block Grant (CDBGl
Consolidated Plan. The obiectives of the proqram will be achieved
pursuant to the SHIP proqram throuqh the production, acquisition, and
rehabilitation of affordable housinq usinq funds as provided by the SHIP
Act.
C. Fiscal years covered by the Plan:
200912010,2010/2011, and 201112012
D. Governance:
The SHIP Program is established in accordance with Section 420.907-9079, Florida
Statutes and Chapter 67-37.007 Florida Administrative Code. The SHIP Program does
further the housing element of the local government Comprehensive Plan.
Cities and Counties must be in compliance with these applicable statutes and rules.
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E. Local Housing Partnership:
SHIP Program encourages building active partnerships between government,
lenders, builders and developers, real estate professionals, advocates for low-
income persons and community groups.
The City of Boynton Beach has formed stronq partnerships with the
followinq aqencies: The Boynton Beach Faith-Based CDC, a faith based
non-profit orqanization and sub recipient of Community Development
Block Grant funds. This orqanization acts as a Liaison between the City
and its applicants, preparinq them for home ownership with counselinq
and the necessary hand holding that is required to home ownership, to
include the assemblinq of necessary documentation.
This agency is a HUD Certified Housinq Counselinq Aqency, which
conducts pre- and post-purchase counselinq workshops, as well as
workshops coverinq major and minor home maintenance.
The Boynton Beach Community Life Care Center, is a non-profit
orqanization which provides self sufficiency to extremely low, very low,
and low income residents of the City of Boynton Beach. This Aqency
provides self-sufficiency programs that encouraqe education, job
traininq, and home ownership as one of its priorities.
The Boynton Beach Community Redevelopment Aqency (CRAl has
implemented an Affordable Housing Proqram, which compliments the
City's effort to assist potential homeowners within its area to achieve the
dream of homeownership
Life Improvement for Tomorrow (UFTl is a non-profit organization that
provides Home Education, Credit Education, and Money Manaqement
classes both in Enqlish and Spanish. The City has also encouraqed its
lendinq partners to -fund these classes as well.
The City has souqht and encouraqed the participation of local realtors to
provide services as aqents for its applicants in the purchasin~ process.
The City of Boynton currently provides rent free housinq in a City owned
buildinq for the local Head State Proqram, which accommodates
childcare for low-income residents in the tarqet area.
F. Leveraging:
The Plans are intended to increase the availability of affordable residential units by
combining local resources and cost saving measures into a local housing partnership and
using public and private funds to reduce the cost of housing. SHIP funds may be
leveraged with the local CRA or used to supplement other Florida Housing Finance
Corporation programs and to provide local match to obtain federal housing grants or
programs.
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Funds from the City of Boynton SHIP may be leveraqed with Florida
Housinq Bond, CDBG, CRA, and other public funds with private sector
financing to help reduce the risk to lenders. Leveraging funds provides
homeownership opportunities to extremely-low, very-low, low, and
moderate income households.
The City of Boynton Beach Community Redevelopment Aqency has
purchased property in coniunction with the project known as the Heart of
Boynton (HOB). They have conveyed these properties to developers and
non-profit orqanizations as incentives to buy down the cost of producing
affordable housinq. The CRA has also offered qrants UP to $50,000 as a
match to SHIP and other public funds.
G. Public Input:
Public input was solicited through face to face meetings with housing providers, social
service providers and local lenders and neighborhood associations. Public input was
solicited through the local newspaper in the advertising ofthe Local Housing Assistance
Plan and the Notice of Funding Availability.
In addition to Affordable Housinq Board Advisory Committee meetinqs,
other input was solicited from housinq partners, lenders, realtors,
providers of social services and local neiqhborhood associations.
H. Advertising and Outreach:
The county or eligible municipality or its administrative representative shall advertise
the notice of funding availability in a newspaper of general circulation and periodicals
serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the
application period. Ifno funding is available due to a waiting list, no notice of funding
availability is required.
The City of Boynton Beach distributes flyers and brochures to local
churches located in the CDBG tarqet neiqhborhoods, Title XX Day care
centers, the City library, the City's Local Housinq Partners and to any
person or orqanization requestinq information on the SHIP Program.
Information is available in the City of Boynton Beach Department of
Development, displayed on the City's website and in the main lobby of
the City Hall, as well as the lobbies of participating non-profits. Staff also
participates in local home buyer fairs and workshops.
The City of Boynton Beach has been featured in the local newspapers
with several articles concerning the pendinq implementation of the
proqram.
I. Discrimination:
In accordance with the provisions of ss. 760.20-760.3 7, it is unlawful to discriminate on
the basis of race, creed, religion, color, age, sex, marital status, familial status, national
origin, or handicap in the award application process for eligible housing.
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The City of Boynton supports the Fair Housinq Center of the Greater Palm
Beaches in an effort to deter discrimination in housinq.
J. Support Services and Counseling:
Support services are available from various sources. Available support services may
include but are not limited to Homeownership Counseling (Pre and Post), Credit
Counseling, Tenant Counseling and Transportation.
A maximum of three percent (3%) of the SHIP fundinq will be allocated
durinq all three fiscal years for providinq home ownership traininq and
counselinq for first time homebuyers as well as owners of homes assisted
throuqh the Local Housinq Assistance Proqram. This will be a part of the
onqoinq partnership with local lenders, Life Improvement for Tomorrow,
the Boynton Beach Faith-Based CDC, and any other providers of this
service that are identified by the City at no charqe to the applicants.
These funds will defray the costs normally associated with this service.
Post purchase traininq will emphasize budqetinq and maintenance. The
Boynton Beach Faith-Based CDC is certified as a HUD counselor.
K. Purchase Price Limits:
Purchase Price Limits: The sales price or value of new or existing eligible housing may
not exceed 90% of the average area purchase price in the statistical area in which the
eligible housing is located. Such average area purchase price may be that calculated for
any 12-month period beginning not earlier than the fourth calendar year prior to the year
in which the award occurs. The sales price of new and existing units, which can be
lower but may not 90% of the median area purchase price established by the U.S.
Treasury Department or as described above.
The methodology used is:
X Independent Study (copy attached)
_ U.S. Treasury Department
- Local HFA Numbers
The purchase price limit for new and existing homes is shown on the Housing Delivery
Goals Charts.
The maximum purchase price for a new and existinq home is
$235,200.The maximum purchase price limit will be adjusted as needed in
response to The Florida Housinq Finance Corporation and chanqes in the
local real estate market.
L. Income Limits, Rent Limits and Affordability:
The Income and Rent Limits used in the SHIP Program are updated annually from the
Department of Housing and Urban Development and distributed by Florida Housing
Finance Corporation. Affordable means that monthly rents or mortgage payments
including taxes and insurance do not exceed 30 percent ofthat amount which represents
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the percentage of the median annual gross income for the households as indicated in
Sections 420.9071 (19), (20) and (28), F.S. However it is not the intent to limit an
individual household's ability to devote more than 30% of its income for housing, and
housing for which a household devotes more than 30% of its income shall be deemed
Affordable if the first institutional mortgage lender is satisfied that the household can
afford mortgage payments in excess of the 30% benchmark and in the case of rental
housing does not exceed those rental limits adjusted for bedroom size.
It is not the intent of the City of Boynton Beach to limit an individual
household's ability to devote more than 30% of its income for housinq. If
a household devotes more than 30% of its income, it shall be deemed
Affordable, if the first institutional mortqaqe lender and the City of
Boynton Beach are both satisfied that the household can afford
mort~aqe payments in excess of the 30% benchmark.
The City of Boynton Beach does not have a rental strateqy.
M. Welfare Transition Program:
Should a eligible sponsor be used, the city/county has developed a qualification system
and selection criteria for applications for A wards to eligible sponsors, which includes a
description that demonstrates how eligible sponsors that employed personnel from the
Welfare Transition Program will be given preference in the selection process.
Although the City of Boynton Beach does not have a rental strateqy, we
are committed to continuinq our partnership of leveraqing SHIP funds
with the local Housinq Authorities "Self-Sufficiency Proqram" located in
Palm Beach County.
N. Monitoring and First Right of Refusal:
In the case of rental housing, the staff or entity that has administrative authority for
implementing the local housing assistance plan assisting rental developments shall
annually monitor and determine tenant eligibility or, to the extent another governmental
entity provides the same monitoring and determination, a municipality, county or local
housing financing authority may rely on such monitoring and determination of tenant
eligibility. However, any loan or grant in the original amount of$3,000 or less shall not
be subject to these annual monitoring and determination of tenant eligibility
requirements. Tenant eligibility will be monitored for at least annually for 15 years or
the term of assistance which ever is longer unless as specified above.
Eligible sponsors that offer rental housing for sale before 15 years or that have
remaining mortgages funded under this program must give a first right of refusal to
eligible nonprofit organizations for purchase at the current market value for continued
occupancy by eligible persons.
The City of Boynton Beach does not have a rental strategy.
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O. Administrative Budget:
The City of Boynton Beach finds that the moneys deposited in the local housing
assistance trust fund shall be used to administer and implement the local housing
assistance plan. In accordance with Section 420.9075 Florida Statute and Chapter 67-37,
Florida Administrative Code, a county or an eligible municipality may not exceed the 5
percent limitation on administrative costs, unless its governing body finds, by resolution,
that 5 percent of the local housing distribution plus 5 percent of program income is
insufficient to adequately pay the necessary costs of administering the local housing
assistance plan. The cost of administering the program may not exceed 10 percent ofthe
local housing distribution plus 5% of program income deposited into the trust fund,
except that small counties, as defined in s. 120.52(17), and eligible municipalities
receiving a local housing distribution of up to $350,000 may use up to 10 percent of
program income for administrative costs.
The City of Boynton Beach has determined that five percent (5%l of the
SHIP allocation and five percent (5%l of the proqram income is
insufficient to adequately pay the necessary costs of administerinq the
local housinq assistance plan. Ten percent (10%l of the SHIP allocation
plus five percent (5%l of proqram income is necessary to cover
administrative expenses for the SHIP Proqram. Administrative expenses in
excess of the maximum ten percent (10%) SHIP allocation will be
supplemented by other fundinq sources. The City of Boynton Beach has
adopted the above findinqs in the attached resolution, Exhibit E.
P. Program Administration:
Administration of the local housing assistance plan is the responsibility of the city.
Should a third party entity or consultant contract for all of part of the administrative or
other functions of the program provide in detail the duties, qualification and selection
criteria.
The Community Improvement Division of the City of Boynton Beach will
be responsible for the day to day operations of the SHIP Program.
Administrative functions include: advertisinq availability of funds and
community outreach, applicant intake and income certifications, work
write-ups and inspections, coordination with first mortqaqe lenders and
counselinq services, reviewinq and evaluatinq proqram effectiveness,
and submittal of plan amendments and annual reports to the Florida
Housinq Finance Corporation.
Q. Essential Service Personnel:
Define in accordance with Rule Chapter 67-37.002(8) F.A.C. and Chapter 67-37.005(8),
F.A.C. and Section 420.9075(3)(a) FS.
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The City of Boynton defines Essential Service Personnel as persons in
need of affordable housinq who are employed in but are not limited
to the followinq areas:
Essential service personnel and municipal employees for the City of
Boynton Beach, teachers and educators, police and fire services, health
care personnel, other public services, child care services, retail and
wholesale services, and skilled building trades personnel.
II. LHAP HOUSING STRATEGIES:
NOTE: Include a sevarate strategy for Disaster Mitigation.
NOTE: In the event preference is given to Essential Service Personnel, vlan text must so state vursuant to Chavter 67-
37.005(8), FA.C.
NOTE: Strategy titles shall be consistent throughout local government plans. Acceptable strategy titles include but not
limited to:
Housing Rehabilitation. Impact Fee Assistance. Purchase Assistance Existing with or without Rehabilitation. Purchase
Assistance New Construction. Sweat Equity. Replacement Housing. and Disaster Relief.
1. Name of the Strategy: PURCHASE ASSISTANCE
Existinq with or without Rehabilitation/New Construction
a. Summary of the Strategy:
This loan will assist extremely-low, very-low, low, and moderate-income
homebuyers with the purchase of a home and will provide "GAP"
financinq for first mortqaqes to insure affordable monthly payments.
Eliqible costs under this strateqy may include but are not limited to down
payment and c10sinq costs on the first mortqaqe and repairs needed to
make the unit habitable. Eliqible properties include newly constructed
homes (built within 12 months of c1osinq) or existinq homes, which mayor
may not need rehabilitation. Rehabilitation is defined as the repairs or
improvements needed for safe and sanitary habitation, correction of
substantial code violations, or the creation of Iivinq space due to
overcrowdinq.
b. Fiscal Years Covered:
200912010,201012011, and 2011/2012.
c. Income Categories to be served:
Extremely Low, Very Low, Low, and Moderate-Income Households.
d. Maximum award is noted on the Housing Delivery Goals Charts:
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Extremely Low IVery Low ..........................$60,000/$10,000*
Low.............................................................. .$50,000/$10,000*
Moderate......................................... ...................... ..... $25,000
* An additional $10.000 may be available above the purchase assistance
for necessary code-related repairs when applicable.
e. Terms, Recapture Program Income and Default.
The SHIP funds are provided as a deferred loan. There are no monthly
payments requirements associated with this loan. The loan will be
concurrent with the first mortqaqe at a zero percent interest deferred
payment loan. The program will provide a deferred payment loan
coverinq the full amount of assistance with a percentaqe of the equity
earned to be shared at the time of transfer or closing to qualified, eliqible
homebuyer. The deferred payment loan is forqivable at the oriqinal term
of mortgage, providinq the home remains owner occupied and honors
all requirements of the deferred payment loan. A second (subsequentl
mortqaqe will be placed on the home. If the home is sold, transferred ,
refinanced, or ceases to be owner occupied prior to the oriqinal term
period, which does not constitute default, the deferred payment loan
and the shared equity is recaptured at time of the closing and the funds
are returned to the City of Boynton Beach SHIP Program. In case of
death of the homeowner. the deferred payment loan would continue as
lonq as the new owner is income eliqible under the SHIP quidelines, and
resides in the dwelling. If the new owner is not eliqible, the house is sold,
transferred, or refinanced, the sum of the loan and the shared equity
would be due and payable and the owner must pay a percentage of
the excess profit to the City of Boynton Beach. All voluntary loan
repayments to the pro~ram will be considered as Proqram Income.
Recipients must execute a Promissory Note, Mort~aqe, and Agreement
for First Riqht-of-Refusal. The Mortgaqe and Agreement will be recorded
in the public records of Palm Beach County.
Include terms of recapture in the event of default (failure to make required payments on
a loan secured by a first mortgage which leads to foreclosure and/or loss of property
ownership).
f. Recipient Selection Criteria:
The applicant will be selected on a first-come, first-served basis, and must
be certified as very-low, low, or moderate-income as a result of third
party verifications. The potential homebuyer must be credit worthy and
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have sufficient income required to obtain mortqaqe financinq from a
participatinq lender, and must attend a homebuyers education course
offered by participatinq lenders and/or community based development
orqanizations. The applicant must not own any other residence unless it is
beinq replaced with the construction of a new home thouqh the SHIP
Proqram.
An applicant may submit a completed SHIP application to the City of
Boynton Beach for determination of eliqibility at any time. Applicants are
required to provide all documentation requested for income, eligibility,
and qualification determination. Applicants must be income eliqible with
incomes between zero and 120% of the median income as provided by
the State and adiusted to family size. Purchasers must be first time
homebuyers, to include displace homeowners due to divorce,
purchasinq within incorporated Boynton Beach area, and may not
currently have assets exceedinq $15,000 (qifts included in the asset
calculationl. If the applicant has funds that exceed the $15,000
maximum and is income certified, he/she must commit one third ( 1 /3l of
his/her assets to be used in addition to the amount of assistance
provided. The exception to this would be if the applicant has funds in a
retirement fund that can only be accessed by termination. The LTV's
must be adhered to.
g. Sponsor Selection Criteria, if applicable:
Include qualification system and selection criteria for applications for Awards to
eligible sponsors.
h. Additional Information:
Each applicant will be responsible for a minimum of three percent (3%l
towards down payment/closing costs, and/or processinq of their
mortqaqe loan, and the purchase of the first year's premium of
homeowner's insurance.
SHARED EQUITY
Should the owner reside in the property for the full term of the oriqinal
mortgage, the City's mortqaqe is forqiven.
If the property is sold, the deed transferred, or the property is rented
durinq the first ten ( 1 Ol years of ownership, the owner must repay the
entire amount of the City's mortqaqe, and must pay 80% of the excess
profit of the equity per the appraised fair market value durinq this time. If
the property ceases to be owner occupied due to sale of property,
transfer of deed, or rental of property after the ten year period, the
owner shall pay to the City of Boynton Beach the principal amount of the
oriqinal mortgaqe.
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RIGHT -OF-FIRST -REFUSAL
The Riqht of First Refusal shall afford the CITY the right to purchase from
Borrowers the Mortqaqed Property for the same purchase price as set forth
in a written valid offer of a contract for sale and purchase tendered by a
third party in an arms lenqth transaction, provided that the purchase price
represents the appraised fair market value of the Mortqaged Property and
Borrowers provide written notice to City of their desire to accept said offer
of a contract for sale and purchase.
CITY aqrees to exercise or waive its Riqht of First Refusal within forty five (45)
days of receipt of written notification with COpy of a bona fide offer or
proposed contract for purchase from a third party and copy of the
appraisal.
2. Name of the Strategy: HOUSING REHABILITATION
Sinqle family, detached housinq rehabilitation and/or emerqency repairs.
a. Summary of the Strategy:
This loan will assist homeowners with needed repairs as defined by
Chapter 67-37, Florida Administrative Code. The City of Boynton Beach
passed a Community appearance Code Ordinance in 1996. The result
of stepped-up code enforcement has made rehabilitation a cost burden
for many extremely low, very low, and low income residents.
Rehabilitation is defined as repairs or improvements which are needed
for safe or sanitary habitation. correction of substantial code violations, or
the creation of additional living space to correct overcrowding. This
proqram will address repairs for sinqle family, owner-occupied detached
houses within the city limits of Boynton Beach. Applicants can not own
another residence. Repairs of an emerqency nature, as determined by
the City of Boynton Beach's Construction Coordinator, are qiven priority.
Mobile homes and rental units are not eliqible for assistance in this
strateqy.
b. Fiscal Years Covered:
200912010,20101201 Land 201112012.
c. Income Categories to be served:
Extremely-Low, Very-Low, Low, and *Moderate-income Households.
*Moderate income residents will be considered only for life threateninq
emerqency repairs.
d. Maximum award is noted on the Housing Delivery Goals Charts:
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Extremely Low Income Households ........................ $50,000
Very Low and Low Income Households ................ $50,000
Moderate-income Households ............................. *$20,000
e. Terms, Recapture, Program Income and Default:
Include terms of recapture in the event of default (failure to make required
payments on a loan secured by a first mortgage which leads to foreclosure and/or
loss of property ownership).
SHIP funds are provided as a deferred loan. There are no monthly
payments requirements associated with this loan. The deferred loan will
be partially forqiven each year over a ten-year ( 1 Ol period, at the
conclusion of which the debt will be considered satisfied. If at any time
durinq the ten-year ( 10) period the property is sold, refinanced, rented or
ceases to be owner-occupied, which does not constitute default, the
loan recipient shall pay to the City the remaininq balance of the loan. All
voluntary loan repayments to the proqram will be considered as Proqram
Income. Recipients must execute an aqreement, Promissory Note, and
Mortqaqe. The Mortqaqe will be recorded in the public records of Palm
Beach County.
f. Recipient Selection Criteria:
An applicant may submit a completed SHIP application to the City of
Boynton Beach for determination of eliqibility at any time. Applicants are
required to provide all documentation requested for income, eliqibility,
and qualification determination. Applicants must be income eliqible with
incomes between zero and 120% of the median income as provided by
the State and adjusted to family size. Applications are processed on a
first-come, first-served basis. Applicants may not own any other
residence; and must own and OCCUpy the home beinq rehabilitated for
the duration of the deferred payment loan. All property taxes and
mortqaqe payments must be current. Applicants are required to have
property insurance.
g. Sponsor Selection Criteria, if applicable:
Include qualification system and selection criteria for applications for Awards to
eligible sponsors.
h. Additional Information:
Eliqible repairs may include, but are not limited to cost of labor and
materials for:
I. Installation and/or repairs of sanitary water and waste, disposal
systems, toqether with related plumbinq and fixtures, which
meet local health department requirements
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II. Enerqy conservation measures such as installation of enerqy
efficiency door and windows
iii. Repair or replacement of heatinq and/or coolinq systems with
hiqh enerQy efficient 14 SEER or hiqher
iv. Electrical upqradinq
v. Repair or provision for structural support and foundation
vi. Replacement of seriously deteriorated sidinq, porches, or
stoops
vii. Alteration of the unit's interior or exterior to provide qreater
accessibility for any family member that may be physically
impaired or have mobility problems
viii. Replacement housing to provide GAP financinq to the
followinq households of extremely low, very low, and low
incomes; with priority qiven to the elderly (62+l,and/or
medically /physically impaired homeowners in these income
cateqories, residinq in homes deemed not viable for
rehabilitation. Demolition of existing property, construction cost
of replacement home on the same lot or new location
selected by the City of Boynton Beach, and/or the purchase of
an existinq home.
3. Name ofthe Strategy: DISASTER RELIEF
a. Summary of the Strategy:
In the event of a declared natural disaster, SHIP funds that have not
been encumbered, will be used to leveraqe available federal and state
funds to provide assistance to income eliqible households for the purpose
of repairinq eliqible housinq, providinq assistance with insurance
deductibles, and obtaining short term temporary housinq. Althouqh
mobile homes and rental units are not eliqible for repair assistance in this
strateqy, the residents of these units may be eliqible for assistance with
emerqency housinq.
b. Fiscal Years Covered:
2009 /2010, 201012011, and 2011 /2012.
c. Income Categories to be served:
Extremely-Low, Very-Low, Low, and Moderate Income Households.
d. Maximum award is noted on the Housing Delivery Goals Charts:
$10,000.
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e. Terms, Recapture and Default. Include terms of recapture in the event of default
(failure to make required payments on a loan secured by a first mortgage which
leads to foreclosure and/or loss of property ownership).
The SHIP funds are provided in the form of a grant, not requirinq
households to repay funds used for disaster relief. In the event the City Of
Boynton Beach Receives reimbursement from federal or state sources,
such repaid funds will be utilized in accordance with the approved
Housinq Assistance Plan in effect at the time funds are disbursed.
f. Recipient Selection Criteria:
An applicant may submit a completed SHIP application to the City of
Boynton Beach for determination of eliqibility at any time. Applicants are
required to provide all documentation requested for income, eliqibility,
and qualification determination. Applicants must be income eliqible with
incomes between zero and 120% of the median income as provided by
the State and adjusted to family size. Applications are processed will on
a first-come, first-served basis. Applicants may not own any other
residence; and must own and OCCUpy the home beinq rehabilitated. The
property must be located in incorporated Boynton Beach.
g. Sponsor Selection Criteria, if applicable:
Include qualification system and selection criteria for applications for Awards
to eligible sponsors.
h. Additional Information:
Purchase of emerqency supplies for eliqible households to weatherproof
damaqed homes, interim repair to avoid further damaqe, tree and
debris removal required to make individual housinq unit habitable, and
post disaster assistance with non-insured repairs.
4. Name ofthe Strategy: FORECLOSURE PREVENTION
a. Summary of the Strategy:
The foreclosure prevention proqram provides financial assistance to
income eliqible homeowners who are facinq foreclosure. This proqram
will assist homeowners within the incorporated Boynton Beach area
avoid foreclosure. Funds will be provided to pay either up to six (6l
months of delinquent mortqaqe payments (PITll or the maximum award
amount to assist with brinqinq the mortgaqe current. The funds are for
owner-occupied units only.
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b. Fiscal Years Covered:
2009/2010,201012011, and 2011/2012.
c. Income Categories to be served:
Extremely-Low, Very-Low, Low, and Moderate Income Households.
d. Maximum award is noted on the Housing Delivery Goals Charts:
$7,500.
e. Terms, Recapture, Program Income and Default.
Include terms of recapture in the event of default (failure to make required
payments on a loan secured by a first mortgage which leads to foreclosure and/or
loss of property ownership).
The SHIP funds are provided as a deferred loan. There are no monthly
payments requirements associated with this loan. The loan will be
concurrent with the first mortqaqe at a zero percent interest deferred
payment loan as lonq as the home remains the primary residence of the
applicant. The proqram will provide a deferred payment loan coverinq
the full amount of assistance. The deferred payment loan is forqivable at
the term of the oriqinal mortqaqe, providinq the home remains owner
occupied and honors all requirements of the deferred payment loan. A
second (subsequentl mortqaqe will be placed on the home. If the
home is sold, transferred , refinanced or ceases to be owner occupied
prior to the original term period, which does not constitute default, the
deferred payment loan is recaptured at time of the c10sinq and the funds
are returned to the City of Boynton Beach SHIP Proqram. In case of the
death of the homeowner, the deferred payment loan would continue as
lonq as the new owner is income eliqible under the SHIP quidelines, and
resides in the dwellinq. If the new owner is not eliqible, the house is sold,
transferred, or refinanced; the sum of the loan would be due and
payable to the City of Boynton Beach. All voluntary loan repayments to
the proqram will be considered as Proqram Income. Recipients must
execute an agreement, Promissory Note, and Mortqage. The mortgaqe
will be recorded in the public records of Palm Beach County.
f. Recipient Selection Criteria:
An applicant may submit a completed SHIP application to the City of
Boynton Beach for determination of eliqibility at any time. Applicants are
required to provide all documentation requested for income, eliqibility,
and qualification determination. Applicants must be income eliqible with
incomes between zero and 120% of the median income as provided by
the State and adiusted to family size. The homeowner must demonstrate
- 15 -
their ability to continue to maintain their mortgaqe payments after
assistance is received. The applicant must prove that the delinquency is
due to a siqnificant loss of income such as loss of employment, sudden
medical illness or expenses, divorce or separation, death in the family
and/or u nforeseen/ unexpected / unanticipated home repairs.
Applications will be processed on a first-come, first-served basis.
Applicants may not own any other residence; and must own and
OCCUpy the assisted unit. The property must be located in the
incorporated Boynton Beach area.
g. Sponsor Selection Criteria, if applicable:
Include qualification system and selection criteria for applications for A wards to
eligible sponsors.
h. Additional Information:
Eliqible Expenses include delinquent mortqa~e payments, late fees,
attorney's fees, association fees, and other associated costs.
5. Name of the Strategy: DISASTER MITIGATION
a. Summary of the Strategy:
This program is desiqned to assist homeowners secure and protect their
property against hurricane force winds. The funds will assist the home
owner with and or the purchase of hurricane shutters. Aluminum storm
panels will be supplied, unless the applicant is elderly or physically
impaired. In this case, accordion shutters will be installed on the property.
b. Fiscal Years Covered:
2009/2010,201012011, and 2011/2012.
c. Income Categories to be served:
Extremely-Low, Very-Low, Low, and Moderate Income Households.
d. Maximum award is noted on the Housing Delivery Goals Charts:
$10,000.
e. Terms, Recapture, Program Income and Default:
Include terms of recapture in the event of default (failure to make required
payments on a loan secured by a first mortgage which leads to foreclosure and/or
loss of property ownership).
-16 -
This SHIP funds are provided as a deferred loan. There are no monthly
payment requirements associated with this loan. The deferred loan will
be partially forqiven each year over a ten year ( 10) period, at the
conclusion of which the debt will be considered satisfied. If at any time
during the ten year period the property is sold, refinanced, rented or
ceases to be owner-occupied, which does not constitute default, the
loan recipient shall pay to the City the remaininq balance of the loan,.
All voluntary loan repayments to the proqram will be considered as
Proqram Income. Recipients must execute an aqreement, Promissory
Note, and Mortqaqe. The Mortqaqe will be recorded in the public
records of Palm Beach County.
f. Recipient Selection Criteria:
An applicant may submit a completed SHIP application to the City of
Boynton Beach for determination of eliqibility at any time. Applicants are
required to provide all documentation requested for income, eliqibility,
and qualification determination. Applicants must be income eliqible with
incomes between zero and 120% of the median income as provided by
the State and adjusted to family size. Applications are processed on a
first-come, first-served basis. Applicants may not own any other
residence; and must own and OCCUpy the home beinq assisted. The
property must be located within the City of Boynton Beach incorporated
area.
g. Sponsor Selection Criteria, if applicable:
Include qualification system and selection criteria for applications for Awards
to eligible sponsors.
h. Additional Information:
Moderate income applicants must match dollar for dollar of all funds
needed to protect the residence from hurricane damaqe. The funds will
be collected at closing from the applicant and placed in an escrow
account to be held and disbursed upon completion of installation.
III. LHAP INCENTIVE STRATEGIES
In addition to Strategy A and Strategy B listed below, list all incentives as provided in
420.9076(4) FS.
A. Name of the Strategy: Expedited Permitting
Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a
greater degree than other projects.
1. Established policy and procedures: Provide Description:
-17 -
B. Name of the Strategy: Ongoing Review Process
An ongoing process for review oflocal policies, ordinances, regulations and plan provisions
that increase the cost of housing prior to their adoption.
1. Established policy and procedures: Provide Description
The following incentive strategies are extracted from the City of Boynton Beach's
Affordable Incentive Plan adopted April 7, 1998. Thev were reviewed by the City's
Affordable Housing Advisorv Committee in 2008; per City Resolution R08-070, the City
Commission approved the Committee's recommendation of no chanqes needed.
. The Expedited process of permits for Affordable Housina Projects.
The Department of Development has been responsible for processinq and facilitating
affordable housing proiects. The Community Improvement and Plan Review staff will
oversee the proiects certified as "affordable" through the review process in an effort to
make sure that they are processed with three to five (3-5) days. This division will be the
developer's point of contact for all auestions concerning the review process. The Plan
Review Administrator will be responsible for expediting the building permitting process
for affordable housing proiects. He has designated individuals who have successfully
guided and qiven these proiects top priority. Staff will continue to obtain traininq in
affordable housing development.
. The modification of impact fee reauirements includina reduction of waiver of
fees and other methods of fee payment for affordable housina.
There is currently no provision for waivinq impact fees. However, the City of Boynton
Beach has in the past funded the Infill Construction Program from the general fund.
These funds subsidized the cost of new construction for affordable units by payinq
permit and impact fees for new construction for very low and low-income families
building new affordable home within the CDBG target area. Palm Beach County allows
existing use credit for residential construction on vacant lots that had prior residential
use. This credit applies to the residential and road impact fees, and can yield savings
for UP to two thousand dollars per home. Participating builders of affordable housing
will be encouraged to apply for this credit and pass it on to the home buyer. The City
Manaqer will be petitioned to waive payment of development application, plan check
and permit fees for all eliqible proiects certified affordable housing proiects.
. The allowance of increased density levels for affordable housina.
(Comprehensive Plan. Housina Element, Policy 6.1.3)
The housinq element provides for review of zoninq regulations for the purpose of allowing
increased density to encourage in provision of affordable housing. The City's Planning
and Zoning Department continues its effort to provide for an increase in residential densitv
for the purpose of providinq for affordable housinq. This density bonus will be subiect to
compatibilitv with the surrounding natural and physical environment, site constraints. and
concurrency manaqement reauirements.
- 18-
. The reservation of infrastructure caoacitv for housina for verv-Iow income and
low-income oersons.
A reservation mechanism is not necessary, as adequate capacity exists to serve any Infill
proiect initiated within the CDBG target area. This assumption reaarding roads, utilities and
recreation is based on available acreaae and density limits of the Future Land Use Map of
the Comprehensive Plan. state concurrency laws require us to maintain adequate public
facilities for everyone and build new facilities once we reach 90% capacity.
. The allowance of affordable accessory residential units in residential districts.
Zoning regulations allow accessory buildings in districts as lona as they conform to the
minimum building site regulations that are generally applicable in the district where the
building is to be located. The City of Boynton Beach will maintain its flexible existing
practice in dealing with this issue on a case-by-case basis as needed.
. The reduction of oarkina and setback reauirements for affordable housina.
Current regulations require off street parkina for two (2) vehicles. In an effort to maintain
the value of property, while at the same time not causing any adverse effect on
affordable housina, there shall not be modifications to current reaulations aoverning this
issue.
Setback requirements in the targeted area require a frontage of 25 feet. The city has in
the past worked effectively with developers in an effort to design and produce units that
have dealt with this effort without causina any adverse effect on affordable housina. The
City will maintain this flexible practice with dealing with this issue on a case-by-case basis
as needed.
. The allowance of zero lot-line confiaurations for affordable housina.
The City of Boynton Beach's current zonina does not permit zero lot-lines in districts that are
not Planned Unit Developments, as it violates the City's set back requirements. However,
with the existina minimum lot size requirements in the CDBG taraet area of 5,000 square
feet, it is felt that this size lot is sufficient enough to accommodate desired development of
affordable housina.
. The modification of street reauirements for affordable housina.
Due to concerns for safety and aesthetics, there will be no modifications to current
regulations governinq streets. In the older platted sections, waivers of sidewalk
requirements have been aranted for developers on a case-by-case basis. These
variances are usuallv granted in areas that are aenerally consistent with the surrounding
area. Consideration may be made in instances where costs involved will hinder producina
affordable units. CDBG dollars will be expended on manv streets within the taraet areas to
install sidewalks and curbina. Efforts to avoid the variance process with certification of
those areas consistent with no sidewalks by the developer will be onaoing. The liaison from
- 19-
the Department of Development will expedite this certification process for affordable
housinq projects.
. The establishment of a Drocess, which the City of Boynton Beach considers,
before the adoDtion of any new leaislation that may increase the cost of
housina.
The Department of Development's various divisions, particularly the Division of Community
Redevelopment, will review any and all policies, procedures, ordinances, requlations, and
plan provisions to determine what effects if any they may have on the cost of producinq
affordable units prior to their passage. The City Manaqer will disperse all information
concerninq ordinances in sufficient time needed to evaluate and comment on any
impact it may have on affordable housinq.
. The DreDaration of Drinted inventory of locally owned DubUc lands suitable for
affordable housina.
The Division of Community Redevelopment maintains maps of the current inventory of all
vacant land including those properties owned by the City of Boynton Beach and Palm
Beach County within the tarqet area. The City funds land acquisition in an effort to acquire
land for potential pre Qualified homebuyers. This effort has resulted in considerable cost
savinq in the production of affordable units.
- 20-
Exhibit "0"
CERTIFICATION TO
FLORIDA HOUSING FINANCE CORPORATION
Name of Local Government: City of Bovnton Beach
(1 ) The local government will advertise the availability of SHIP funds pursuant to Florida
Statutes.
(2) All SHIP funds will be expended in a manner which will insure that there will be no
discrimination on the basis of race, creed, religion, color, age, sex, familial or marital
status, handicap, or national origin.
(3) A process for selection of recipients for funds has been developed.
(4l The eligible municipality or county has developed a qualification system for
applications for awards.
(5) Recipients of funds will be required to contractually commit to program guidelines.
(6l The Florida Housing Finance Corporation will be notified promptly if the local
government will be unable to comply with the provisions the plan.
(7l The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds
within 24 months following the end of the State fiscal year in which they are
received.
(8l The plan conforms to the Local Government Comprehensive Plan, or that an
amendment to the Local Government Comprehensive Plan will be initiated at the next
available opportunity to insure conformance with the Local Housing Assistance Plan.
(9) Amendments to the approved Local Housing Assistance Plan shall be provided to the
Corporation with in 21 days after adoption.
(10) The trust fund shall be established with a qualified depository for all SHIP funds as well
as moneys generated from activities such as interest earned on loans.
(11 1 Amounts on deposit in the local housing assistance trust fund shall be invested as
permitted by law.
(12l The local housing assistance trust fund shall be separately stated as a special revenue
fund in the local governments audited financial statements, copies of the audits will be
forwarded to the Corporation as soon as available.
13) An interlocal entity shall have its local housing assistance trust fund separately audited
for each state fiscal year, and the audit forwarded to the Corporation as soon as possible.
1
Exhibit "0"
Page 2
Certification
(14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies.
(15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit
(L1HTC) Program shall comply with the income, affordability and other L1HTC
requirements, Similarly, any units receiving assistance from other federal programs shall
comply with all Federal and SHIP program requirements.
(16) Loans shall be provided for periods not exceeding 30 years, except for deferred
payment loans or loans that extend beyond 30 years which continue to service eligible
persons.
(17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least
annually for 15 years for compliance with tenant income requirements and affordability
requirements or as required in Section 420.9075 (3)(e).
(18) The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-37
FAC, and how each of those requirements shall be met.
(19) The provisions of Chapter 83-220, Laws of Florida _ has or K has not
been implemented.
ck./Y>? ~ ~~~
Witness (
dn.A #Ml~
Witness '
~
Chief Elected Official or Designee
KURT BRESSNER, CITY MANAGER
Type Name and Title
~u ct 3D) d. 00"
Do
2
Page 1 of 1
Stanzione, Tammy
From: Stanzione, Tammy
Sent: Tuesday, April 28, 20099:32 AM
To: Allen, Janet
Subject: RE: B & B UNDERGROUND R09-064
Janet,
Yes I do have the agreement here. Didn't realize that was the agreement you came down for. I would
have given it to you then. Our staff meeting is now over.
Once the agreement is executed please return to City Clerks Office for Central File.
Thank you.
lz-,oL'! ~
Administrative Associate
City C{erk's Office
City of 'Boynton 'Beach
(561) 742-6060
stanzionet@{j{jf[us
-'
From: Allen, Janet
Sent: Tuesday, April 28, 20099:27 AM
To: Stanzione, Tammy
Subject: B & B UNDERGROUND
Tammy
Lynn Swanson said that she brought the contract down to you for B & B Contractors, Inc. I need to come down
and get it from you so I can call them and have them come in and sign it. This bid involves grant money and we
have to move it along or we can lose the grant money.
Please let me know when your staff meeting is over and I will come down.
Thank you
Janet Allen
4/28/2009