R20-059 RESOLUTION R20-059
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING FIRST AMENDMENT TO FY 2019-2020
5 ACTION PLAN AND SECOND AMENDMENT TO CITIZEN
6 PARTICIPATION PLAN TO IMPLEMENT CDBG CARES ACT
7 SMALL BUSINESS GRANT PROGRAM; AND PROVIDING AN
8 EFFECTIVE DATE.
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11 WHEREAS, on April 2, 2020, the U.S. Department of Housing and Urban
12 Development informed the City of an award of $351,815 in supplemental Community
13 Development Block Grant (CDBG) funding for grants to prevent, prepare for, and respond to
14 the coronavirus pandemic, (CDBG-CV grants)which were made available through the CARES
1$ Act; and
16 WHEREAS, under the City's Citizen Participation Plan, as amended, a substantial
17 amendment is required for the City to quickly receive and administer these funds to meet the
18 needs of the City's low- and moderate-income (LMI) households and individuals (80%or less
19 of the Palm Beach County Area Median Income); and
210 WHEREAS, under the proposed amendment, the CDBG-CV funds will be allocated
21 by adding the following activity:
22 Small Business Grant Program: $351,815
Allocate funding to provide grants of up to$10,000 to enable small businesses
24 (25 or less employees)or micro-enterprises (five or less employees including
25 owner) to invest and survive the coronavirus pandemic through the payment
26 of payroll, commercial lease payments, COVID-19 safety requirements, and
27 inventory. Businesses must be located in the City limits and cannot have
28 received a Paycheck Protection Loan or other COVID-19 related assistance.
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3C WHEREAS, as part of this amendment, the City has revised the Consolidated Plan's
31 Citizen Participation Plan to include the 5-day comment period and virtual hearings.
S:\CA\RESO\Amendments to CDBG One Year Action Plan 2019-20 and Small Business Grant Program-Reso.docx
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
• being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach,Florida does hereby
approve the First Amendment to FY 2019-2020 Action Plan and Second Amendment to Citizen
Participation Plan to Implement CDBG CARES ACT Small Business Grant Program, copies
of which are attached hereto as Exhibit"A"and"B"respectively.
Section 3. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this 101day of June, 2020.
CITY OF BOYNTON BEACH, FLORIDA
• YES NO
Mayor—Steven B. Grant
Vice Mayor—Ty Penserga
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Commissioner—Justin Katz
Commissioner—Woodrow L. Hay ✓
Commissioner—Christina L. Romelus
VOTE S-0
• ATTEST:
Cry tal Gibson, MMC `' } "
City Clerk i Q
Cs,
,
�.. •
o
(Corporate Seal)
S:\CA\RESO\Amendments to CDBG One Year ActiqPl i0t 4 , and Small Business Grant Program-Reso.docx
-TY Q CITY OF BOYNTON BEACH Exhibit"A"
Community Development Block Grant (CDBG)
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*toss G4'4, CARE ACT - COVID-19
Small Business Grant Program
Program Time Period:
Participation Guidelines
Maximum Assistance: Up to $10,000.00 (Subject to Funds Availability)
Eligible Business:
Any small business with 25 or less employees) located in the City limits of Boynton Beach affected by
COVID-19 and has not receive Paycheck Protection Loan (PPL)and/or other COVID-19 related assistance.
Eligibility Criteria:
• Applications will be processed on a First Qualified, First Served basis.
• Businesses are eligible to apply for assistance one time ONLY.
• Businesses with 25 or less employees.
• Businesses must have been operating since October 1, 2019 and still operating as of March 1, 2020.
• Business must not be a publicly traded company.
• Total gross receipts of business are less than 3 million.
• Must be located within the City of Boynton Beach city limits.
• Businesses must be located outside of the Boynton Beach CRA area.
• Must be a privately held for-profit business or a sole proprietor(Non-Profits are ineligible).
• Must have an active City of Boynton Beach Business Tax Receipt (BTR).
• Must be registered with SunBiz.org.
• Home based business may only use the loan for payroll expenses and are not eligible for rent or utility
expenses.
• If any individual is the Principal/Owner for more than one eligible business, the Principal/owner may
only sign the application on behalf of one business. (Note:this means that if one or more eligible
businesses have a Principal/Owner in common, only one of those businesses may apply for the
Program, even if the business(es) has(have) more than one Principal/Owner).
• All supporting documentation must be in the same name as indicated BTR.
• Applications will not be considered until all required documentation is submitted to the City.
Eligible Reimbursable Uses:
• Salaries/Payroll.
• Commercial Lease, Commercial Mortgage, or Commercial Rental Payments.
• Commercial Utility Payment.
• Expenses due to new COVID 19 Safety provision.
• Inventory.
Page 1 of 2
Required Documentation:
• Signed Request for Funding Application with all the disclosures, and certifications.
• Copy of current/active City of Boynton Beach Business Tax Receipt.
• Copy of current/active Registered Business on SunBiz.org.
• A description of the impact of COVID-19 on your business—must demonstrate loss of revenue. Must
include supporting financial statements (bank statements, cash flow statement, 2019 and/or 2018
tax returns and schedules accounting documents, etc.).
• Documentation to support the applicant's request for funding payroll, rent/mortgage, or utility
expenses.
o Examples include, but are not limited to invoices, receipts, paystubs, utility bills or other
acceptable evidence of payment or expenses associated with the loan request. Applicants
may redact sensitive information such as employee names, addresses, identification
numbers, etc.
• Executed Leased Agreement (if applicable).
• Most Recent Utility Statement (if applicable).
• Most Recent Mortgage Statement (if applicable).
• Completed Boynton Beach Business Assessment Survey.
• Promissory Note.
PROGRAM ADMINISTRATION:
• Applicant(s) will be selected on a first-qualified, first-served basis.
• Any funds expended prior to April 1, 2020 are ineligible for program funding.
• The City of Boynton Beach Community Improvement Division (CID) will partner with the City of
Boynton Beach Economic Development Department to process the business grant application.
When all conditions of the program are met, the City of Boynton Beach Community Improvement staff will
coordinate the Closing, and forward payment to appropriate entity.
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Exhibit"B"
CITY OF BOYNTON BEACH
CITIZEN PARTICIPATION PLAN
AMENDED 3/7/13 (1ST AMENDMENT)
AMENDED 6/9/20(2ND AMENDMENT)
2"d Amendment (pages 1 and 5) -June 9, 2020—Citizen Participation Plan for the
COVID-19 Disaster Declaration Coronavirus Health Crisis of 2020 Pandemic Response
Per federal regulations at 24 CFR 91.105, the City of Boynton Beach must adopt a
Citizen Participation Plan (CPP) that sets forth its policies and procedures for citizen
participation and gives its citizens "Reasonable Notice and Opportunity to Comment"
on the management and use of federal grant funds received from the U.S. Housing
and Urban Development (HUD). When a change in federal regulations or programs
require changes in the CPP and community input, the CPP may need to be amended,
go through a community input process on the amendment, and adopted by the City's
authorizing body.
As a result of the unprecedented Coronavirus health crisis of 2020 and its impact on
the U.S. economy, Congress approved the Coronavirus Aid, Relief and Economic
Security Act (CARES Act) (Public Law 116-136) and made available supplemental
Community Development Block Grant (CDBG), Emergency Solution Grant (ESG) and
Housing Opportunities for Persons With Aids (HOPWA) funding for grants to prevent,
prepare for, and respond to Coronavirus (CV grants). The CARES Act also provides the
City with the flexibility to make it easier to use CARES Act grant funds and fiscal years
2019 and 2020 grants for expeditious Coronavirus response by authorizing HUD to
grant waivers and alternative requirements for specified periods as noted below.
Due to the need for expediting distribution of new funding under the CARES Act, and
national/local recommended social distancing guidelines and stay at home orders,
HUD has authorized grantees such as the City of Boynton Beach to amend its CPP to
establish expedited procedures and waive in-person public meetings.
The CPP is hereby amended to include the following changes:
• In response to the Covid-19 Disaster Declaration, in a Memorandum issued
March 31, 2020, HUD has waived the 30-day minimum for the required public
comment period. It now allows for a 5-day comment period on substantial
amendments to the Consolidated Plan/Action Plans through the end of the
City's 2020 program year. The City will shorten its public comment period from
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30 to 5 days. If the City wishes to make further amendments to prior plans
following the 2020 program year, the City can do so during the development of
FY 2021 Annual Action Plan.
• Includes virtual hearings as an allowed citizen participation method for public
meetings and focus groups. If virtual hearings are used, real-time responses
must be facilitated and accommodations for persons with disabilities and/or
with limited English proficiency will be made available to the greatest extent
possible with reasonable notice.
• Updates the types of declared disasters or emergency events to include
terrorism and infectious diseases, such as the recent Coronavirus 19 (COVID-
19) pandemic,that may necessitate expedited substantial amendments.
• Includes by reference provisions relative to Consolidated Plan citizen
participation, and Community Development Block Grant (CDBG) waivers made
available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
• Provides details on possible actions, including reprogramming of funding,
addition of funding to related activities, changes in scope of activities, and
types of possible activities that may be undertaken in response to the declared
disasters or emergency events such as COVID-19 pandemic.
• Makes minor edits that do not change the current intent and policies of the
CPP.
Applicability and Adoption
The following Citizen Participation Plan has been developed in compliance with 24 CFR
91.105. The plan sets forth the City's policies and procedures for Citizen Participation as
it relates to the federally required Consolidated Plan (all references to the Consolidated
Plan also applies to the Annual Action Plan).
The City of Boynton Beach will exert every effort to make sure that all citizens of the
community, including members of racial and ethnic minorities, persons with limited
English Proficiency, and people with disabilities will be vigorously encouraged to
participate in all planning stages of the consolidated planning process, substantial
amendments to the plan, and performance review process, as specified in 24 CFR
91.105 (a) (2) (ii). The City especially encourages participation by citizens of low, very
low and extremely low-income neighborhoods (particularly those within the CDBG
target areas).
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In the absence of its own Housing Authority, the City of Boynton Beach also encourages
consultation with the Palm Beach County Housing Authority, The Delray Beach Housing
Authority, the City of West Palm Beach Housing Authority, the participation of tenants
of the Authority's developments, residents of Section 8 subsidized housing, minorities
and non-English speaking persons, persons with mobility, visual, and hearing
impairments.
Adoption of the Consolidated Plan
1. Prior to adoption of the Consolidated Plan, the City of Boynton Beach will make
available to citizens, public agencies, and other interested parties information that
includes the amount of assistance the City expects to receive (including grant funds
and program income) and the range of activities that may be undertaken, including
the estimated amount that will benefit persons of low, very low, and extremely low
income.
This information will be disseminated through the following methods:
• Churches, synagogues, and other religious institutions
• Nonprofit social service agencies which provide services to residents of CDBG
area
• Day care centers with high populations of persons with limited English
Proficiency
• Newspapers of general circulation
• Newspapers and radio stations marketed specifically to citizens with limited
English proficiency
The City of Boynton Beach will also use the city's utility billing system as a way of
marketing CDBG affected programs.
2. To assure the public adequate time and opportunity to comment on the contents of
the Consolidated Plan, the City shall publish notice of the proposed Plan in the local
newspaper and shall make copies available for public inspection at the Public Library
and City Hall. The notice shall describe the purpose of the Plan and shall include the
location where copies of the Plan may be fully examined. Upon request, copies of
the Plan shall be made available to groups and citizens at no charge.
3. One public hearing shall be held during the development of the Consolidated Plan.
4. A period of not less than 30 days shall be established to receive comments from
citizens on the Consolidated Plan.
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5. The City shall consider any comments or views of citizens received in writing, or
verbally at the public hearing, in preparing the final version of the Plan. A summary
of these comments or views not accepted and the reasons, therefore, shall be
attached to the final Consolidated Plan.
Amendments to the Consolidated Plan
1. A substantial amendment to the Consolidated Plan shall be defined as the
elimination of a previously approved activity or a reduction in funding (by more than
20%) of a previously publicized activity in order to accommodate the funding of
another Community Development Block Grant (CDBG) eligible activity.
2. The City shall publish in a local newspaper, details of the substantial amendment
and provide the public with adequate time to comment on the amendment. The
public shall be provided with not less than 30 15 days to provide comments prior to
implementation of the amendment.
3. The City shall consider any comments or views of citizens received in writing, or
verbally at public hearings, if any, in preparing the substantial amendment to the
Consolidated Plan. A summary of these comments or views and a summary of any
comments or views not accepted and the reasons, therefore, shall be attached to
the substantial amendment to the Consolidated Plan.
Performance Reports
1. The City shall provide the public with reasonable opportunity to comment on
performance reports by publishing in the local newspaper the availability of said
reports and providing the public with not less than 15 days to comment on the
reports, prior to submission to HUD.
2. The City shall consider any comments or views of citizens received in writing, or
verbally at public hearings preparing the performance report. A summary of these
comments or views shall be attached to the performance report.
Public Hearings
1. The City shall provide for at least two public hearings per year to obtain citizens' and
public agencies' views and comments. One public hearing shall be held at an
appropriate time of the program year so that citizens may review program
performance, and another hearing shall be held prior to submission of the
Consolidated Plan in order to provide opportunity for citizens to comment on
housing and community development needs and to review proposed uses of funds.
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2. At least a one-week advance notice of each public hearing shall be provided to the
public. These notices shall be published in a local newspaper.
3. Public hearings shall be held at times and locations convenient to potential and
actual beneficiaries and in accordance with the provisions of the ADA with
accommodations for persons with disabilities and auxiliary aids or services will be
provided upon request with at least three (3) days notice. Hearing impaired citizens
may contact the Community Improvement Department of the City of Boynton Beach
at (561)742-6066 through the Florida Relay Service numbers at (800) 955-8771
(TTY) or (800) 955-8770 (Voice)for assistance.
4. The City will provide appropriate auxiliary aides and services that are necessary to
afford individuals with hearing and vision impairments an equal opportunity to
access and participate in such hearings. These may include effective methods that
make aurally delivered information available to individuals who are deaf or hard of
hearing, and visually delivered materials available to individuals who are blind or
have low vision. The type of auxiliary aid or service necessary to ensure effective
communication will vary in accordance with the method of communication used by
the individual; the nature, length, and complexity of the communication involved;
and the context in which the communication is taking place. In determining what
types of auxiliary aids and services are necessary, a public entity shall give primary
consideration to the requests of individuals with disabilities. To be effective,
auxiliary aids and services must be provided in accessible formats, in a timely
manner, and in such a way as to protect the privacy and independence of the
individual with a disability
5. These public hearings shall be held during convenient hours at City Hall or public
facilities located within the CDBG target areas.
6. Interpreters shall be provided upon request.
Meetings
Reasonable and timely access to local meetings shall be provided to the public.
Availability to the Public
In accordance with the Americans with Disabilities Act, the adopted consolidated Plan,
substantial amendments, and performance reports may be obtained in an alternative
format. To obtain an alternative format of either document people may contact the
Division of Community Improvement, 100 East Boynton Beach Blvd., Boynton Beach,
Florida, 33435. The telephone number of the office is (561) 742-6066.
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Access to Records
The City shall provide citizens, public agencies, and other interested parties with
reasonable and timely access to information and records relating to the Consolidated
Plan and the use of funds under programs covered by 24 CFR Part 91 during the
preceding five years.
Technical Assistance
The City shall provide technical assistance to groups representative of persons of low,
very low and extremely low income that request such assistance in developing
proposals for funding under any of the programs covered by the Consolidated Plan, with
the level and type of assistance determined by the City of Boynton Beach. The
assistance need not include the provision of funds to the group.
Complaints
Complaints relating to the City's Consolidated Plan, Amendments and Performance
Reports should be submitted in writing to:
The City of Boynton Beach
Community Improvement Division
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
The City shall respond to all written complaints and grievances within 15 working days,
when practical.
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