HomeMy WebLinkAboutResolution_24-96/97_06/12/1997 •
RESOLUTION NO 24 -96/97
A RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING AN
APPLICATION TO THE STATE OF FLORIDA
i DEPARTMENT OF COMMUNITY AFFAIRS FOR
THE COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING PROGRAM OF HURRICANE OPAL AND
DR -1074 SOURCES AND AUTHORIZING THE
MAYOR TO EXECUTE THE SAME ON BEHALF OF
THE VILLAGE.
NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1. The application by the Village of Tequesta to j
• the State of Florida Department of Community Affairs
Community Development Block Grant funding program of the
Hurricane Opal and DR -1074 sources, attached hereto as
Exhibit "A" and incorporated by reference as part of this
Resolution, is hereby approved and the Mayor of the
Village of Tequesta is authorized to execute the same on
behalf of the Village of Tequesta. j
i
THE FOREGOING RESOLUTION is offered by
Councilmember Hansen who moved its adoption. The
motion was seconded by Councilmember Mackail A
and
upon being put to a vote, the vote was as follows:
i
i
FOR ADOPTION AGAINST ADOPTION
e
Alexander W. Cameron
i
Joseph N. Capret
i
Carl C. Hansen
• Ron T. Mackail
Elizabeth A. Schauer
i
i
i
I
The Mayor thereupon declared the Resolution duly passed
and adopted this 12th day of June, A.D., 1997.
MAYOR OF TEQUESTA
4za izabeth A. Scha r
( ATTEST:
i
Joann Manga iello
Village Clerk
Amtpre. /Ord /RanJUne9]
•
i I
I
I
1
i�
•
APPLICATION TO THE STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS (DCA)
FOR CDBG RECOVERY FUNDING FOR
HURRICANE OPAL AND DR -1074
SUBMITTED BY THE VILLAGE OF TEQUESTA,
PALM BEACH COUNTY, FLORIDA
COMMUNITY DEVELOPMENT DEPARTMENT,
PLANNING DIVISION
MAY 27 1997
40
N small Cities Community
s"4 CAMS •
0 � �.... Development Bloch Grant
f
r
l icatt " Oh or CDBG s
ReCOVery Fund
fi.
Hurricane 0 a
e�
s,
•
Flo rida D ep artment of C Af fairs
Florida Department of
Community Affairs
James F. Murley, Secretary
G. Steven Pfeiffer, Assistant Secretary
Douglas Buck, Director
Division of Housing and Community Development
Thomas Pierce, Chief
Bureau of Community Development
Community Development Block Grant Section
Susan Cook, Community Program Administrator
Rick Stauts, Planning Manager
Rick Boyd, Development Representative II _
Pat Harvey, Administrative Assistant I
Harold Eastman, Community Assistance Consultant
Brenda Garland, Community Assistance Consultant
Jack Gaskins Jr., Community Assistance Consultant
Millie Schroeder, Community Assistance Consultant
• Community Development Block Grant Disaster Recovery Unit
Charles Straub, Community Program Administrator
Patrick Young, Planner IV
Cherie Bryant, Community Assistance Consultant
Christopher King, Community Assistance Consultant
Margaret Peters, Community Assistance Consultant
Renee Folsom, Administrative Secretary
Central Support Unit
Mark Nixon, Planning Manager
Steve Fellerman, Community Assistance Consultant
Evangelina Sanchez- Thorpe, Community Assistance Consultant
Judy Peacock, Planner II
Rosemary Scaringe, Administrative Assistant II
Clara Rhodes, Administrative Secretary
Department of Community Affairs
Division of Housing and Community Development
Sadowski Building
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
(904) 487 -3644
• FAX (904) 922 -5609
•
DISASTER
RECOVERY
APPLICATION
INSTRUCTIONS
•
These application instructions refer to the attached application form.
I. Deadline and Submission Requirements
• A. This application is due, APR SO 1997 , which is 90 days after the date of the first
meeting between DCA and your local government regarding CDBG disaster recovery funds
appropriated pursuant to Public Law 104 -134. Applications must be received by the Department,
whether mailed or delivered, in Tallahassee by 5:00 p.m., Eastern Standard Time on the
deadline date to the following:
Division of Housing and Community Development
2555 Shumard Oak Boulevard, Room 260 -A
Tallahassee, Florida 32399 -2100
Your local government is strongly encouraged to submit this application as soon as possible, as
all supplemental CDBG disaster funds must be expended prior to September 27, 1998. The
Department will forward a contract for supplemental CDBG disaster funding within 30 days of
receipt of an acceptable, completed application. An extension of the application due date will be
granted upon written request of your local government.
B. Local governments must submit one copy of the complete application to the Department. The
application should be spiral bound or stapled with no hard cover. Do not include the
application Instructions with the application.
C. Incomplete applications will not be accepted by the Department
D. Sequentially number the appendices.
II. Section I: CDBG Grantee Profile
• The Application Profile provides general information about the application and the local government. The
Department will use this profile to establish a data base for contacting relevant parties concerning the
application. Please provide all information requested. Items 1 through 5 and item 8 are self explanatory.
Items 6 and 7 are elaborated upon below:
#6. Interlocal Agreement
If any of the activities which you plan to undertake pursuant to this application are being undertaken
outside of the jurisdictional boundaries of your local government, you must attach an interlocal agreement
as Attachment B. This agreement must confer adequate authority and responsibility to the applicant
local government, so that the applicant can complete all activities described in this application.
V. Historic Preservation
Answer "Yes" to the question if the project, or any related activities, results in any of the following:
• direct physical changes to a pre -1945 structure, such as demolition (partial or complete),
rehabilitation, restoration, remodeling, renovation, expansion, or relocation;
• direct physical changes to pre -1945 public improvements, such as stone curbs or brick streets;
• direct physical changes to a pre -1945 planned open space, such as a park or plaza;
• project activities occurring within 100 feet of a pre -1945 structure, public improvement, or planned
open space; or
• a project activities occurring in a Historic District listed on the National Register.
1
If this question is answered 'Yes," then complete the following:
• Contact the State Historic Preservation Office (SHPO) as soon as possible in the project planning
process. Properties that are listed or eligible for listing in the National Register of Historic Places
• must be designed in accordance with the recommended approaches in the Secretary of the
Interior's Standard§ or Rehabilitation Guidelines for Rehabilitating Historic Buildings (U.S.
Department of the Interior, National Park Service, 1983). Copies of this publication and historical
preservation technical assistance, may be obtained from the SHPO, 500 South Bronough Street,
Tallahassee, Florida 32399 -0250.
• Provide original photographs, not xerographic copies, to the SHPO for their review in determining
the historical/architectural significance of the property. When possible, the photographs must
show each side of the structure and general views of the property in its surroundings. The
photographs should be identified by street address and keyed to the service area map. If the
SHPO identifies any potentially significant historic properties, they will recommend the appropriate
treatment.
• Provide the following as Appendix B:
• The location /address; -
• The construction date;
• The activity affecting the historic property; and,
• The results of any pre - application discussions with the SHPO in reference to the possible
effect of the proposed project on historic properties.
This information is required to expedite the environmental assessment reviews required under the CDBG
program
III. Section II: Application Narrative
On the application narrative page, provide a detailed narrative description of each proposed activity
which includes all of the following:
•. Activity description;
• Quantity of activity, clearly including the number of units to be completed and the units of
measurements used;
• Location of activity;
• How the activity meets a CDBG national objective (Criteria for CDBG national objectives
are found at section 104(b)(3) of the Housing and Community Development Act of 1974,
as amended, and at 24 C.F.R. Section 570.483.)
• Purpose of the activity (if not readily apparent);
• Total number of beneficiaries of the activity (Each local government which receives funds
pursuant to this application must document the method which they utilized to determine
beneficiaries, and maintain this documentation in its files);
• A description of the direct nexus between the activities described in this narrative and
Hurricane Opal (DR -1069) or DR -1074 (All activities contained in this application must be
directly related to Hurricane Opal (DR -1069 or DR -1074) and;
If this narrative exceeds the space available on page 2 of the application, please attach the entire
narrative as Attachment C.
IV. See.. an III: Project Impact and Budget
The activities that your local government has identified in the project narrative must be delineated in this
section. Additionally you must provide a requested budget amount for each activity line item. The
• activities and budget amounts which you request in this section of the application, along with the maps
provided in Section IV, will define the scope, scale, and extent of the activities which the Department will
approve and incorporate into a subsequent funding contract with your local government.
2
Column A: Activity
• This column lists generally eligible CDBG activities. If your local government wishes to undertake
activities not listed in this column, please fill in the name of the activity. All activities must be
eligible CDBG activities as defined at Section 105 of the Housing and Community Development
Act of 1974 and at 24 C.F.R. Section 570.201. Additionally, the activity must meet the eligibility
criteria contained in the special contract conditions which HUD has applied to the supplemental
CDBG funds associated with this application. These conditions are provided as an attachment to
this aplication.
The maximum amount requested for grant administration may not exceed 18 percent of your local
government's total grant award, including eligible pre - agreement costs.
Column B: Enter Number of Units to be Addressed.
The number of units to be addressed in all service areas must be entered using the abbreviated
units of measure in column C.
Column C: Units of Measurement
This column provides the unit of measurement abbreviations for-the activities listed in column A.
The following is an explanation of these abbreviations:
B. U. Number of Building Units, Non - Residential Units
H. U. Number of Housing Units
L. F. Linear Feet (of water line, drain line, sewer line, paving)
STRUCTURES Number of Structures Demolished
SITES Number of Sites Acquired
• FACILITY Drainage Facility (e.g.: Stormwater Retention Pond)
For activities delineated in column A, the units provided must be used. For activities not identified
in column A, the local government must provide the unit measurement that they are using in
column C.
Column D: Enter Number of Total Beneficiaries
Enter the total number of beneficiaries of the activities listed in column A. A description of the
methodology used to determine beneficiaries for each activity as part of the Application Narrative
in Section II of the Application. Each local government which receives funds pursuant to this
application must document the method which they utilized to determine beneficiaries, and
maintain this documentation in its files. Department staff will be available to provide technical
assistance, upon request. Please contact Patrick Young, Planner IV, at (904) 922 -1893 or
Margaret Peters, Community Assistance Consultant, at (904) 922 -1890.
V. Section IV: Maps
See application for requirements
VI, Section V: Waiver Requests
See application for requirements
VII. Section VI: Assurances
• This section is a list of all federal and state statutes and regulations that your local government must
comply with in order to receive CDBG funds. As noted in Section VI of this application, the Department
has been granted broad waiver authority by the U.S. Department of Housing and Urban Development
(HUD). Therefore, many of the statutes and regulations listed in this section may be totally or partially
3
waived by the Department.
VIII. Section VII: Certifications
This section requires that your local government certify that it will comply with various CDBG program
requirements and keep documentation of that compliance on file. This section refers to numerous CDBG
program requirements. The Department will provide technical assistance upon request to assist you in
compliance with these requirements. Additionally, the Department will conduct implementation workshops
on April 8, 1997 at the Bay County Emergency Operations Center Conference Room located at 644
Mulberry Lane in Panama City and on April 11, 1997 at the Palm Beach County Conference Center at
3323 Belvedere Road, Bldg. 509 in West Palm Beach. Both workshops will begin at 9:00 A.M., local time.
Please contact Patrick Young, Planner IV, at (904) 922 -1893 or Margaret Peters, Community Assistance
Consultant, at (904) 922 -1890 with any requests for technical assistance.
Intergovernmental Coordination and Review (IC &R)
• All local governments applying for CDBG funds must comply with the Intergovernmental
Coordination and Review (IC &R) process. By the application deadline, mail lift en
copies of the following information to the Florida State Clearing House, Department of
Community- Affairs, 25 Shu'mard Oak Boulev_erd,,Tallahassee, Florida 32399 -2100:
1. Section I through Section IV of this application, fully completed
2. If applicable, Historic Preservation Documents (Appendix B).
3. All Maps (Appendix E)
• In addition, by the application deadline, submit one additional copy of the IC &R materials
to the Regional Planning Council that serves the local government.
• A transmittal letter must accompany the IC &R materials that the local government is
sending to the State Clearing House. In this letter, please request for the State Clearing
House to send complementary copies of any correspondence that they may send to the
local government to the CDBG Section of the Department. If needed, request the State
Clearing House to send copies to other parties as desired by the local government, such
as consultants and engineers.
Pre - Agreement Costs
If your local government chooses to pay eligible pre - agreement costs, enter the payment amount. Eligible
CDBG pre - agreement costs are delineated at 24 C.F.R. Section 570.200(h). A list of requested pre -
agreement costs must be attached as Appendix D. Pre - agreement activities must be undertaken in
compliance with 24 C.F.R.570 and 24 C.F.R. 58, except as waived by the Department of Community
Affairs or by the U.S. Department of Housing and Urban Development. The maximum amount requested
for grant administration may not exceed 18 percent of your local government's total grant award, including
eligible pre - agreement costs.
Ix. Section VIII: Signature
The application must be signed by the following:
• The Chief Elected Official or his or her designee (the local governing body's Resolution
must be attached as Appendix G); and,
• The application preparer, if other than a local government employee.
• Failure to provide the signed form by the application deadline will result in rejection of the
application.
4
Appendix A: Interlocal Agreement
See Application Instructions above
Appendix B: Historic Preservation Documentation
See Application Instructions above
Appendix C: Project Narrative
See Application Instructions above
Appendix D: Grant Application Preparation Documentation
See Application Instructions above
Appendix E: Maps
See attached Application
Appendix F: Waiver Requests and Narratives
See attached Application
Appendix G: Local Governing Body's Resolution for Signature Designation
See Application Instructions above
•
5
DISASTER
� RECOVERY
APPLICATION
•
Section I: CDBG GRANTEE PROFILE
LOCAL GOVERNMENT INFORMATION
1. Local Government Applicant: Village of Tequesta, FL County: Palm Beach County
Damian Peduto 575 -6223
2. Local Govt. Contact: HX XXXiHXXHb1i1JdJ itfA Phone Number. (5 61) � R§X§RQJ
Title: Planner FAX Number: (575) 6 23 9
Local Govt. Mailing Address: 357 Teguesta Drive. Tequesta, FL 31469
Street Address or Directions: same as above
City: Teque s to , . t €I rids Zip Code: 314 6 9
3. Chief Elected Official: Thomas G. Bradford Title: V l agP Manaq,-r
4. Chief Elected 2 50 Te uesta Drive Te uesta, FL 33469
Official's Address (if different): q q
5. Total CDBG Funds Requested: $ 121,716-67
6. Will any part of the activities described in this statement occur outside the boundaries of your jurisdiction?
• Yes No X
If yes, an interlocal agreement must be included as Appendix A.
List the other participating local government(s):
Which local government will be the lead agency?
7. Will the proposed project impact any pre -1945 building, public improvement, or planned open space?
Yes No Y_
If yes, historic preservation documentation must be provided as Appendix B.
8. Is the local government participating in the National Flood Insurance Program?
Yes k No
1
Section II: Application Narrative
• 1. Provide the narrative (please review the Application Instructions for this section prior to
completion. If the narrative exceeds the length of this page attach it as Appendix: C):
Activity Description:
The premises of this project is to construct drainage infrastructure by prodding, along a specific portion
of Tequesta Drive (indicated on map requirement "IV MAPS "), and improving proper drainage for an
area of the Village which floods frequently, especially during the October 17, 1995 event.
Quantity of Activity:
The drainage system along said portion of Tequesta Drive will be approximately 1,200 feet long and will
provide increased quality surface water activity for the properties to the north and slightly northwest, the
service area indicated in the map requirement of this application, Section IV MAPS.
Location of Activity:
The activity is located along Tequesta Drive, west of Seabrook Road through to Norfolk Avenue, within
the jurisdiction of the Village of Tequesta, Florida.
CDBG National Objective:
The National Objective for activities benefiting low -mod income persons is described as an activity label
of "flood drain improvements", under the general category of Public Facilities/Improvements, according
to 24 C.F.R, Section 570.208. According to CDBG census data, it has been determined that 53.19 of
persons in the said service area belong to the designated extremely low, low or moderate income group.
Purpose of Activity:
• Currently there is a substandard drainage system in place serving portions of the designated service area,
otherwise, no drainage system exists to serve this area, resulting in negative outfall and surface water
quality. These problems are evident during a 10 -year flood event. This projectlactivity is designed to
create positive outfall and improve surface water quality, along swales of Tequesta Drive and within the
service area. It is designed to eliminate erosion and washout across driveways and roadways as well.
Frequently, when flooding takes place in this area, residents have problems driving along the roadways
and accessing their homes, this was especially disastrous during the October 17,1995 storm event.
Total Number of Beneficiaries:
There are 94 persons indicated on the CDBG census data, whom are considered direct beneficiaries from
the specified drainage improvements planned for this project. There are approximately 57 households
within the service area of this project, derived by CDBG census data and an aerial map of the area. As
mentioned earlier, 53.19% of the population in this area belong to the extremely low, low or moderate
income group. This figure was derived from CDBG census data.
Nexus Between Activity and DR -1074:
Considerable washout took place within the service area as a result of the October 17, 1995 storm flood
event. Those within the service area could not access their property. Homes/Properties were bestroved in
in the northern section of the service area, Census Block # 101- 326(A), indicated on map of "Damaged
Properties Resulting From October 17, 1995 Storm Flood Event".
•
y
• •
Section III: PROJECT IMPACT AND BUDGET •
1. Total Amount of CDBG funds requested: $121,716.67
2. If the Local Government desires to pay eligible pre - agreement costs, as defined at 24 C.F.R. Section 570.200(h)enter the payment
amount and include a list of requested costs as Appendix D: N/A
A B C D E
ENTER NUMBER ENTER NUMBER OF ENTER REQUESTED
OF UNITS UNITS OF TOTAL BUDGET AMOUNT
ACTIVITY TO BE ADDRESSED MEASUREMENT BENEFICIARIES
ACQUISITION - RESIDENTIAL SITES
ACQUISITION - BUSINESS SITES
PERMANENT RELOCATION - RESIDENTIAL H.U.
PERMANENT RELOCATION - BUSINESS B.U.
DRAINAGE IMPROVEMENTS - SYSTEM 1200 L• F. 94 $121, 716 : 4-7
DRAINAGE IMPROVEMENTS - FACILITIES FACILITY
HOUSING REHABILITATION (ELEVATION) H.U.
TEMPORARY RELOCATION H.U.
STREET IMPROVEMENTS - NEW L.F. '
STREET IMPROVEMENTS - REPAIR L.F.
ADMINISTRATION (NOT TO EXCEED 18%) NIA NIA
ENGINEERING NIA N/A
DEMOLITION SITES
OTHER
OTHER
OTHER
OTHER
3
Section IV: MAPS
The following maps must be submitted with this application and attached as Attachment E:
1. a jurisdiction map; and
• 2. a flood plain map, unless the U.S. Federal Emergency Management Agency has not issued an
official flood map covering the location of the service area.
The following must be on each map:
1. Jurisdiction Map
• A scale;
• A north arrow;
• The boundaries of the locality;
• The locations where the activities will be conducted;
• The City Hall or the County Courthouse; and,
The location of the CDBG program office.
2. 100 -Year Flood Prone Area Map
• the boundaries of the service area where the activities will be concentrated; and,
• an enlarged portion or portions of the flood prone area if any activities are located in
whole or in part in the flood prone areas.
•
•
4
Section V: WAIVER REQUESTS
In order to increase the flexibility to respond to disaster recovery needs, the legislation appropriating the CDBG
disaster recovery funds associated with this application provided broad statutory waiver authority in addition to the
Department's regulatory waiver program. This statutory waiver authority is found at Section 21101, 110 STAT. 1321 -335.
• This waiver authority provides the State with the authority to waive any provision of statute or regulation except
for those contained in the special contract conditions applicable to the State's contract with HUD for the available
supplemental CDBG funds. These special contract conditions are provided as an attachment to this contract.
Additionally, the State must find that any waiver granted under the above referenced provision is required to facilitate the
obligation of funds, and that use of such funds would not be inconsistent with the overall purpose of the regulation or
statute. Examples of waivers which the State may allow are provided as an attachment to this contract.
After reviewing the attached special conditions, please provide any statutory or regulatory waivers that you wish to
request as Attachment F. Please also provide a narrative statement for each requested waiver that will assist the State in
making a determination regarding the necessity of the waiver. This statement should focus on how the waiver, if granted,
would facilitate the implementation of the disaster recovery activities proposed in this application for funding. All waiver
requests and narratives must be provided in Attachment F.
The State will carefully consider each waiver. If the State finds that the waiver is required to facilitate the
obligation of funds,- that use of such funds would not be-inconsistent with_the overall purpose of the regulation or statute
and that it is within the State's authority to grant, it will incorporate the requested waiver into the agreement for funding
subsequent to this application.
•
5
JG "V {,IVII Y1. f1VJVI V LIaVLV
By signature of this application, the local government hereby assures the Department of Community Affairs that it will
comply with the following applicable federal and state requirements, as they may be amended, waived, or modified in any
subsequent contract for funding between the Department and your local government:
Inform affected persons of their rights and the policies set forth 34. Executive Order 11288, relating to the prevention, control
in 49 C.F.R. Part 24 and 24 C.F.R. Chapter 570.602(b); and abatement of water pollution;
Florida Small and Minority Business Act, 35. Cost - Effective Energy Conservation Standards, 24 C.F.R.
s_288.702- 288.714, F.S.; Part 39;
3, Florida Coastal Zone Protection Act, 36. Section 8 Existing Housing Quality Standards, 24 C.F.R.
s. 161.52 - 161.58, F.S.; Part 882;
4. Local Government Comprehensive Planning and:-and 37. Coastal Barrier Resources Act of 1982;
Development Regulation Act, Chapter 163, F.S.; 38. Federal Fair Labor Standards Ad, 29 U.S.C., s. 201 et.
5. National Environmental Policy Act of 1969 and other provisions seq.;
of law which further the purposes of this Act; 39. Title VI of the Civil Rights Act of 1964 - Non - discrimination;
6. National Historic Preservation Act of 1966 (Public Law 89 -665), 40. Title VIII of the Civil Rights Act of 1968 - Non - discrimination
as amended and Protection of Historic Properties (24 C.F.R. in Housing;
Part 800); 41. Age Discrimination Act of 1975;
7. Preservation of Archaeological and Historical Data Act of 1966; 42. Executive Order 12892 - Fair Housing;
8. Executive Order 11593 - Protection and Enhancement of 43. Section 109 of the Housing and Community Development
Cultural Environment, Act of 1974, Non-discrimination;
9, Reservoir Salvage Act; 44. Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R.
10. Safe Drinking Water Act of 1974, as amended; Part 8;
11. Endangered Species Act of 1958, as amended; 45. Executive Order 11063 - Equal Opportunity in Housing;
12. Executive Order 12898 - Environmental Justice 46. -_ - Executive Order 11246 - Non-discrimination;
13. Executive Order 11988 and 24 C.F.R. Part 55 - Floodplain' 47. Sia4 n 3 $fthe Housing and tJrtian Development Act of
Management; 1968, as amended - Employment/Training of Lower Income
14. The Federal Water Pollution Control Act of 1972, as amended Residents and Local Business Contracting;
(33 U.S.C., s. 1251 et. seq.); 48. Uniform Relocation Assistance and Real Property
15. Executive Order 11990 - Protection of Wetlands; Acquisition Policies Act of 1970, P.L. 100.17, and 49 C.F.R.
16. Coastal Zone Management Act of 1968, as amended; Part 24;
17. Wild and Scenic Rivers Act of 1968, as amended; 49. Copeland Anti - Kickback Act of 1934;
18. Clean Air Act of 1977; 50. Hatch Act.
19. HUD Environmental Standards (24 C.F.R. Part 58); 51. Title IV Lead -Based Paint Poisoning Prevention Act (42
20. Farmland Protection Policy Act of 1981; U.S.C., s. 1251 et. seq.);
21. Title I of the Housing and Community Development Act of 1974, 52. OMB Circulars A-87, A -122, and A -128, as revised;
as amended; 53. Treasury Circular 1075 regarding drawdown of CDBG funds:
22. The Clean Water Act of 1977; 54. Single Audit Act of 1984;
• Davis -Bacon Act; 55. Administrative Requirements for Grants, 24 C.F.R.
Contract Work Hours and Safety Standards Act of 1962, 40 Part 85;
U.S.C. s. 327 et. seq.; 56. Section 102 of the Department of Housing and Urban
25. The Wildlife Coordination Act of 1958, as amended; Development Reform Act of 1989 and 24 C.F.R. Part 12;
26. The Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1975 (42 U.S.C., s. 6901 et. The local government will also:
seq.);
27. Noise Abatement and Control: Departmental Policy 1. Affirmatively further fair housing;
Implementation, Responsibilities, and Standards, 24 C.F.R. Part 2. Minimize displacement;
51, Subpart B; 3. Submit information to its Regional Planning Council as
28. Flood Disaster Protection Act of 1973, P.L. 92 -234; appropriate to satisfy the Intergovernmental Coordination
29. Protection of Historic and Cultural Properties under HUD and Review (ICBR) requirements; and
Programs, 24 C.F.R. Part 59; 4. Not attempt to recover through special assessments capital
30. Coastal Zone Management Act of 1972, P.L. 92 -583; costs of the public improvements assisted in whole or in part
31. Architectural and Construction Standards; with CDBG funds unless otherwise authorized by 24 C.F.R.
32. Architectural Barriers Act of 1968, 42 U.S.C. 4151; Section 570.482 and Section 104(b)(5) of Title I of the
33. Executive Order 11296, relating to evaluation of flood hazards; Housing and Community Development Act of 1974.
•
6
Section VII: CERTIFICATIONS
By signature of this application, the local government certifies that the following statements are
true and the documentation is on file with the local government and available for public inspection. Title I
of the Housing and Community Development Act of 1974, as amended, requires this.
. These materials must be available in the following order in a three -hole punched binder at the time of the
site visit, which will be conducted prior to contracting. The local government must maintain this binder if the
Department awards a grant to the local government. This binder will become part of the permanent CDBG
records. Any changes made after contracting must be incorporated into the binder.
Instructions: The local government applicant must answer the following questions and complete the requested
information as appropriate. Department staff will use the column to the left during a future monitoring visit.
DCA
USE COMPLETE AS
ONLY REQUIREMENTS INDICATED
We have adopted a Citizen's Participation Plan that meets the
requirements specified in Section 104(a)(3)_of Title 1 of the *See Cover
- Housing and Corrimuhity Development Act o64174: Date of Adoption
We met the needs of non - English speaking residents at public
hearings when a significant number of non - English speaking
residents participated. N/A __X Yes No
We held at least two public hearings in a handicap accessible
location. _X_
Yes No
• The purpose of the first meeting was to obtain the
views of the citizens concerning CDBG eligible, unmet ---
disaster recovery needs in the community. Yes No
The purpose of the second meeting was to obtain the
views of citizens concerning the final application to be X_
submitted to the Department. Yes No
We provided citizens with reasonable advance notice of the
amount of funds available for various activities and the range
of activities that we may undertake, prior to the first public —e-s
hearing. Yes No
Date that we published the notice of the first public
hearing: March 7, 1 9S7
Publication Date
Date of the first public hearing:
April 3, 199
Public Hearing Date
After we conducted the first public hearing, we published, in a
newspaper of general circulation in the jurisdiction, a summary
of the proposed application. We published this summary at
least five days before a second public hearing in which we
gave the citizens an opportunity to examine a draft of its 4 X_
• contents and submit comments. Yes No
7
DCA
USE COMPLETE AS
ONLY REQUIREMENTS INDICATED
Date that we published the notice of the second public April 3, 1997
hearing:
Publication Date
Date of the second public hearing:
April 10, 19
Public Hearing Date
We considered comments expressed by the citizens at the
public hearing conceming the proposed application.
N/A Yes No
We modified the proposed application based on the comments
(this is not a CDBG program requirement).
X
NIA Yes No
We adopted an Arit'i- Displacement -and Relocation Poliicy
in conformance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1979, as amended, *See Cover
49 C.F.R. Part 24, and 24 C.F.R. Part 570.606. Adoption Date
We have adopted a Citizen's Complaint Policy that requires
written answers to written. complaints and grievances within 15 *See Cover
working days. Adoption Date
We have adopted a local procurement policy that conforms to
the following state and federal regulations: 24 C.F.R. Section *See Cover
85.36 and Section 287.055, Florida Statutes.
Yes No
We have determined that none of the activities contained in X
this application are reimbursable by the Federal Emergency
Management Agency (FEMA) or available through the U.S. Yes No
Small Business Administration (SBA)
We have determined that the activities contained in this X
application would not otherwise be funded through currently
available Federal, State, or local resources (Documentation Yes No
which supports this determination must be on file with your
local government for future review by DCA)
We have determined that all activities contained in this
application meet a CDBG national objective as defined at X .
section 104(b)(3) of the Housing and Community Development Yes No
Act of 1974, as amended, and at 24 C.F.R. Section 570.483
(Documentation which supports this determination must be on
file with your local government for future review by DCA)
8
DCA
USE COMPLETE AS
ONLY REQUIREMENTS INDICATED
ee Cover
We have adopted a Section 504 Self - Evaluation and
• Transition Plan that meets the requirements of 24 C.F.R. Yes No
Section 8.51 and Section 8.21(c)(4)
We have complied with the Intergovernmental Coordination _ X
and Review (IC& R) process Yes No
We have determined that all activities contained in this
application for assistance are for expenses and repairs related X
to Hurricane Opal (DR -1069) or DR -1074 (Documentation Yes No
which supports this determination must be on file with your
local government for future review by DCA)
*See cover letter accompanying application for details regarding
.this item.
•
•
9
Section VIII: SIGNATURE
I, the undersigned, certify the following:
• the local government will affirmatively further fair housing;
• the local government's CDBG program will be conducted in conformity with the Civil Rights Act of
1964 and the Fair Housing Act;
• the local government will not attempt to recover capital cost of public improvements constructed
with CDBG funds;
• to the best of my knowledge and belief, data in this application are true and correct;
• submission of the application has been duly authorized by the governing body of the local
government;
• all documentation referenced in this application and in the application instructions is on file and
readily accessible to Department of Community Affairs personnel.
• the local government will only undertake activites delineated in this application with CDBG funds
and will not undertake other activities which have not been approved by the Department of
Community Affairs
Application is hereby made for a Community Development Block Grant under Title I of the Housing and
Community Development Act of 1974, as amended. I /we, the undersigned chief elected official(s) or authorized
representative of the local government, certify that submission has been duly authorized by thb governing body of
the jurisdiction, and the local government will comply with the certificatpns and assurances contained in this
application if assistance is approved. By signature of this application; the local govemment'hereby assures and
certifies that it will comply with the applicable federal and state requirements listed on this form in the
administralion of its Florida Small Cities Community Development Block Grant Program.
�. gn re of Chief E cted Official or Designee Title Date
Attach Resolution as Appendix G)
Signature of Application Preparer if other than Typed Name and Name of Firm or Agency
a local jurisdiction employee
10
•
APPENDIX A
• INTERLOCAL
AGREEMENT
•
•
A
' APPENDIX B
HISTORIC
� PRESERVATION
DOCUMENTATION
•
•
APPENDIX C
•
PROJECT NARRATIVE
•
•
APPENDIX D
� LIST OF ELIGIBLE
PRE - AGREEMENT COSTS
14
•
•
APPENDIX f
MAPS
•
•
RANGE 42 EAST RANGE 43 CAST ------
_ COLSM
�►I ■ /r ■q '•1'�O ■r■pn uoa u■nnr �' � � i _: :: ::. ^ Innw •�� r �� `= � ' � PAL14 W-4CH CO LKTY
is • : :: •�7 •• J • \ :: ■: Gj� y_ �\ ���,� 1
`. Iii i : i :\ ••u ! •u i� , , l' I• �.. r �♦"
��i�.� Vii •..• •uuu /// r� � •. � 1• -•;• � .: •'.n• := •� r �/ /
• � j I /// � ■••••r/ . ' - I. \ • I� a .\ i1■ + .� \ ' f' �`�
•1•_:: ....,. . . J . r /.r_ ....1...,.11. °
-i -_ ■ • � i : 1 nun■ •un• ■ \ \i . _ ,
' u. \. • • : i i.� .■ o . _•+ + .... �1 � /11tH ■•.•n ;,\ � \�
•• ` •j • :• •'+ � � `' • r •nom uu1 �. � �..� +
/ ♦• • � �� . - �.�.. �• : • N I•••• ■• inn• �
�� 1 _ _r _ \ - _ • : - •��■ : ii : noun �� � 1 ■. •// ��r�U, uunl
`'::�, ♦ ••� .� .- _ / - � � J ��_ �. 7 iunnn . ••..� ��' +Hurl Lnn►�
III • ■o_IH• ��• nuuu ■::G:uri �`w •� ■ .r;�i
��, •���,/ �/ `•• �� ,•.nun • ■ Hour GG iiiiii = ,—' L It
L MMATCH M RIV 4c -- _
Li
cu m 1 O
VILLAGE OF TE-QUESTA NUMBERS CORRESPOND TO PAGE
1670 933 0 1870
_ -_ -,-
a • NUMBERS IN THE
GRAPHIC SCALE IN FEET KEY M
"t7slam JUTS. 10/9/98
- � auf•ffwi _ _ '__ - i rf
Sao �n.annfnnnal.•ngf �• ..
yf Fe ���� ►i 1' �/ ���� // r u .� . f coon.■ Y� `
`1O /!N/ I ■luOWlrua •aaunf +� �' �' .
pnnnu� rr : + / •j, i �:..:�
et
L lot.
: :. .... �. .. i:::: ::: - :1_�........... PIN 0 .
sell
: .10.00 \ -■� / * •� _. �1•• �•j W.;;
la,. . •. r .N r•. r■•!f ■.�.•i.v. /•ru•�•. n.• inUil�
off 111161
•. �/ 1• /• . i ..1% non :: III Z
♦'�N rr.• o f I non \Y•
E LI
I •• • � .� � . ■1 � �. •.. � -. unI R \.�� coon • -
�I •;•• •��■.... �• �� .. x ..1111% • / / /1'u.n r; .� •y • �� UL•O : • 1i
II I••• ... \/f I ' : •� /. ::.: ..nun - 1.. / •�.iU� ..nun : •�►
•/ .... : ,.::...uu��.. •n. rte.
u.: . �........ ■r r��..._,
/f11lY ;r•�•Ttt+ .►+ �� .r..q /`•u non ..Ir•r go
`�� ',� �. �,•, 1/, -.��•• I.1 n.n■ .. nnrrl :� iiii�i : � '• �� � �
se
le
som
/UI111LLI_ __ _ I •I
yI ■nu1q�: ■r ■ ■■unuwounnllf� ♦ it ytQ _. � - - ' 1 -- _._.� � �
�•�� � �I • 1� ---- � ■our 1 .. r s.uu ,.
•■Lttf tt�, ��ttt / /tt11 /t //\ . / \{11111 • �` �� ii iii r r, '11111.1•.II{.� • 1! I��.- �, , �■ • •1
♦ Itttpttfl t / /tli V• 11 • •�® �� �■ r■ rr . �� �■ -un.n. r�
♦ ./. iii i i• � • i •• ��/ � / •` 1 �::: :: � i �� " "Ir�...... .
♦ • •• •■• 1 r •• ♦ 1 • • .. •T ��. .11 • ■ur I •I .
�i . ..• : 1111 - . .► .� �� I, i .
rI ♦ ♦ I, • �• r� �` r \• of. •.■...r /I,. • •t \ / ♦ 1 - 1 III
/ I • ♦ • /j fit •��� /� .� •��•► �.n1 :: � ... i��
/i 11 ♦ ••N 1iU111 / r\ r • •�: •.. • • gip} � .,
♦ � � ♦♦ � �IU11sfi �% •At1� . \iat: ♦• •� � iii ::' �` i�U�
• I 1 �♦ � ■ 11/111 .. / � I• _� i .•• Ln• •►-' � H�p,p.� 1
TA
■� •• . armap ��4..i Lm t1•lu i
11 • ♦I ■011 ■I. /I � - -- 1111111r�
�i •i i i ni I 11 /1IIIIIU �� r � . 1nn1■ • ,y _1 �
r � • � • • �' -/ .. r 1i• �. unu
':�■ •••• " \III ��.�.� ��:� •
.: • ♦ r • ■;�► _ .� � � ■1 .nuu to �
• •• • ft. ...�.�� wool , r.ub.
/r•• • ♦• �• ■' � ■rr =� `,111I/ .1111••1111. + ' _
�/I 1111 // •.•• .. • .• .• . - �: . ` . ,........... ■r....i •.
I •� • I � .• /.I■fftf ilf�■ �� •: •� .r u111 • •w 7 .uun • i y
�j �•. \ ■■ ■ •• ,.11111/ 11111 �� `� 1 1. ■ �� 11111N � i�
�/ ♦� . rr ■ Ott I � ..• `� \� •■ .... U1.1.111 • 11. •I r■�ttl .11111.1
• .. =�...► .- �' L•••: : :: •: .... : ,
.... /.
♦ .■ ■■ . t r �� �.... ...� ... wuun :: .n■
♦/ ■■ ■. a .�� //• ��. . = ur w n '1 :' uu. ,� � � uu.lnlnu.r
%If ■ /l•�'; ✓ /.T• \� `, •r •1• nunn■ ull�....•..on...
By ,�, e�•� /� Ifs • � \ I........■ ■....tip. �t 11.111.r111r1
`■t �'/•'�. /I• 1��' •:i :••inns 660411110::
�* :�j �i //� .. •nos r■ . to r. �_ �_ Will -
w � I : '• prlu _
► _ -:
1 1 ,•
• i
I Wa • I •
foul ♦ uuum tour nttwu.. v r ... ■■ .
lr, �/ ••.. /..f.fl Iffff• 1/ I•I •/ � I1 r �■ .■ .■ .
lil
lower • � u•n� Nvp ...... .: .
• • • \ •• � v w ni v
.• . . ••1:� u_/ � rte • • �!�!♦ i ► �., \ • � i,__n�
♦ / 1..•r • r tt
♦ • • • • smell � t ►i. \� ,� �r1 \•u. .. 1tt `N• �
All
:,:� air ■. �� 1f /Iq.1.1 /11111 �.•. -�� r �•■ .rlpn .�,`�1 :���� �� �`�
r s_ •. _ ' /i /11 .ns■� t r.. •. n. Chu. 'r iuuiitltr
No • I --. i..■.• . • �� :111/ �� :_
sooner, /� �:: un n�_'� •� `�.
Mesa
slope loss Wool"41
■ , i.'�r .�� __ t► '` •• _ .■ . ■111. �: .r1, • .ICI.._`
'' I 1 II • i • •. i. i _� r �� U = n u n� 1••111 �:
•► • � II r1 ' • • � . •rte `` ■� t _■►� ■� •
� � - �•• iii • r :' ► \III \ � �■ • �..• • �•.� a ^n •. � \.�� ..1 1 , tom_
�� •,•• I � • r..r . �• . //A ' 1� .• p■ . 1 , t1111U :. ��•
, �I •• 1 1 �: i : i,f /: - •�� ��•�.. :: :: .�..: ■■.0 it •1. .■.. '�� ■tt�.fi U.I.U■• ••►
1 1 n.o n n
.:
�I •� ...■ . �U r r� r... ■. •. d r1.1. /.■ •.rn
r �..ou.•..... . ■n' 1 111. :..■• t^.■
,,• � ' ~r� r ,�to• � ��\ e.. u.�.■�r o■ :� �.�•� .. un. •`•' �'/ nannnnln■� ice•
r_ ..r .nu■uu r
■r r.r.• •....u•......... • ��
r / /1.■ yy � rT•• � •rte �i I /•\
fee Iffiffe:
I�L3 r �`� ... •nano • ...':n. � „ —
±.. � :::N:
No
■ tii
It > >•
t r �-
L
t , I
.— .t. .•._..tom �t—
�
t
_ "• �' �l; - ` f �. Y mac•- "'9� fa
r
ICY
• 4
At
IA
4A J ',� • -, Y � i �,� �� �� r. � c i 3^ 2 _� 4 a ay 1 i , a � . . ` _
[� l. � I�y_ ♦ 9� �` �� �� � �+` q }•` � '•a I
�y, ��� •l . 'i.t�j � _ z a� � . -�1 i., B"'Rir E r L: ''�¢ 'f�- .5:.
_.' " Y �, +� r j �- ��•(- �? ',=T"'x�. • � -; r ,yB,y ;3_ o � yi ` �dF :u, e � y, ; -T ' ,.,�� `
.. S f ? �� ..� 3 � ► g�E T Ik,
ON-!
♦,,ter•- . ,
-T
4} r
I
Fr
LA
W T
vm
t l-
MIR
` �r �� � � t�a SIT i ���w , } • � k
0
Our
�•,,m,.it I$i��, .it -• �, r .-,� �n.� _
trrs
Soo APPRU C1'�11Tf s CA LF
, _ SOU F E e T
#ATI FcoOp
IVSURAXpF ?Ppp�i,i.pl 1.
1
FIRM
FLOOD 'NSURA SCE RATE ;
VILLAGE OF
TEQ UEST
FLO A, ;
PALM BEACH
CpCH �
ONi r PAMEL PRINTED
C OMMUNI Tr.PA
EL NUM
1 ?0228 0 001 C
SEPTE REVISED:
0
R 30, 19$2
a
Federal Fme rsency M ana$ejne
_ 8ency
e, ^
nc�' rlrtr!!
Vt Y30
•�rpd5 nl lUfi.` r
d�tign': h e4f -
r rx r;r cr; ,
dctr t o7 c e
rr1 r
,r
ltl f
t
• . .rt., r (,• trt til.t.�r!(f ,
1
f - ''�sral
ase r
P f`CC15 of IOOQ Ple4,t(r. Rs ( t
drtion .
JU
y1
(t t) rti!
l.tt.rim r dP
sr
r
pie vi5ed Oc.t,tier s r
s an
d to aid speciyr .
Ma- F e -led e "vor r.arz:1
char, lanuar� 5 191
harar d areas rPorate bo undary th b1'e
btd" revise ar,Q to reC,,ce 5 c`'
h as= fl d S erterrr, _ Q C
3r;
mad .
5 pe-ia! f] lrvdrions retler - rrn
Qod ha,,,,, ,-t) a
?" atrrr
nlnt.
ft tjO
\Our insur, ,n" e
r{.
.)i �}� �n f
CF '1ecnf,
'4PPROhr
A-e INS Pj
KEY TO MAP
• 500 -Year Flood Boundary - -
ZONE 8
100 -Year Flood Boundary -
Zone Designations' With
Date of Identificatinn
e.g , 12/2/71
100 -Year Flood Boundary -
ZONE 8
500•Year Flood Boundary - -
} Base Flood Elevation Line s
Wirh Fle %atiun In Feet" it
Base Flood Elevation in feet El
W! ere Unifnnn Within 7nne' ' F
3 Y Elc.itir)n Referen,e kiark
Zone D Boundats
? Rvie: N . u.
F
•i 'Refetenced to the National Geodeti. k coi,a tt,_ :, • z
"EXPLANATION OF ZONE DE516NA I
ZONE EXPL'1NAllo I
J1 A Areas of 100 -year flood; base tl,t••.! ;.e.r
flood hazard factors not deters, nt.
AO Areas of 100 -year shallow rtn�dirig whe-e do :% t r
are between one (1) and three t t1 feet; aver�rc ties!'
of inundation are shown, but nn
• are determined. F `
AH Areas of 1 00 -year 0 :.00r. „tic; oje t
are between o (1) 1-d
elevations are >howr: tut i, -,
are determmed.
Al A30 Areas of i()0 -veer floua_ t -r ,
flood hazard factors der ,
A99 Areas of mf) - vear !load Sv ;< ot•., :_I '•.
Protection ;'-step: unC2•
elevations and flood `.)lard d.
B Veas between Iim.f. r,t tha n,. •, e I
sear f or ertam vtejs su to i , tt.�.
nq with aver3Ae depth: es, tl :
the contribuun¢ draini¢e ,, r; r:< ! • . ,
"ide: or areas prorn,re,i h, iA :-
C Areas of n„n,•nal tl000 - r.L
D Areas of utde'rrrninr �.
V Areas of i00 sear Lo t stdi o
action!: base flood ele -. t ",—
not determine,!,
Vi -V3O Areas of 100 -'ear T
action): h lse !!ood a e' �n - _u
determin••rl
Certain areas not in the special food hat. .. .i• ; - .
ln,+% be protected h% !:no!f �-tntre•; c
Phis m.lp is for llnutf 111-;T1110. Our "<s
5a: l� >how all areas h, .t
all planinm :c.rlurei- ut , 1
C-nastal base flood elevirions sh -
effects of wave action.
2�`
0
ZONE A7
.EL 6) zo
9/30/82
ZONE A7
(EL 6)
9/30/82
�— CORPORATE LIMITS
ZONE A7
(EL 6) ZONE A7 ZONE B
9130/82 (EL 7)
ZONE A7
C) 9/30/82 IEL 6)
9/30/82 ` ZONE B
40 0
�O
Q t4 X a�
c o
Q�
Beacon ats� o
F m Sr�e r
ZONE A7 2% et
s ifeL 7)
'9 9/30/82
�p ZONE B
ZONE A7 C �r �reok
( 6)
9/30 /8?
�'�Ts
•
.APPENDIX F
WAIVER REQUESTS
AND NARRATIVES
•
•
Section V: WAIVER REQUESTS
Appendix F
Waiver Request:
The Village of Tequesta respectfully requests a waiver to the requirement set forth in Section VII,
CERTIFICATIONS, of this application, regarding an "Anti- Displacement and Relocation Policy" that
would have to be in "conformance with the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1979, as amended, 49 C.F.R., Part 24, and 24 C.F.R, Part 370.606".
The project subject of this application will take place within an existing public right -of -way and will not
incur such hardships, as to those which are intended for by the said policies and programs.
According to the Village of Tequesta , by granting this waiver request, implementation of the grant funds
will be facilitated more quickly and efficiently by eliminating staff time on associated duties with said
requirement_ Thank you for your consideration of this waiver request.
•
•
APPENDIX G
� LOCAL GOVERNING BODY'S
RESOLUTION FOR
SIGNATURE DESIGNATION
•
05/29/97 15:17 JONES & FOSTER 561 832 1454 NO.103 P002
42 USCA s 5304 Page 1
42 U.S.C.A. 6 6304
UNITED STATES CObE ANNOTATED
TITLE 42. THIL PUBLIC HEALTH AND WELFARE
CHAPTER 68- COMMUNITY DEVELOPMENT
Copt. O West Group 1987. No Claim to Orig, U.S. Govt, Works
Current through P.L, 105-4, approved 3 -3.97
15304. Statement of activities and review
(a) Statement of objectives and prof acted use of funds by grantee prerequisite to receipt of grant:
publication of proposals by grantees; notice and comment; citizen participation plan
(1) Prior to the receipt in any fiscal year of a grant under section 530ti(b) of this title by any
metropolitan city or urban county, under section 5806(d) of this title by any State, or under section
6906(dX2XB) of this title by any unit of general local government, the grantee shall have prepared a
final statement of community development objectives and projected use of funds and shall have
provided the Secretary with the certifications required in subsection (b) of this section and, when
appropriate, subsection (c) of this section. In the case of metropolitan cities and urban counties
receiving grants pursuant to section 5306(b) of this title and in the case of units of general local
government receiving grants pursuant to section 5806(dX2)(B) of this title, the statement of projected
use of funds shall consist of proposed community development activities. In the case of States
receiving grants pursuant to section 53060 of this title, the statement of projected use of funds shall
consist of the method by which the States will distribute funds to units of general local government.
(2) In order to permit public examination and appraisal of such statements, to enhance the public
• accountability of grantees, and to facilitate coordination of activities with different levels of
government, the grantee shall in a timely manner-
(A) A nish citizens or, as appropriate, units of general local government information concerning the
amount of finds available for proposed community development and housing activities and the range
of activities that may be undertaken, including the estimated amount proposed to be used for
activities that will benefit persons of low and moderate income and the plans of the grantee fbr
minimizing displacement of persons as a result of activities assisted with such funds and to assist
persons actually displaced as a result of such activities:
(II) publish a proposed statement in ouch manner to afford affected citizens or, as appropriate, unite
of general local government an opportunity to examine its content and to submit comments on the
proposed statement and on the community development performance of the grantee;
(C) hold one or more public hearings to obtain the views of citizens on community development and
housing needs;
(D) provide citizens or, as appropriate, units of general local government with reasonable access to
records regarding the past use of funds received under section 6306 of this title by the grantee; and
(E) provide citizens or, as appropriate, units of general local government with reasonable notice of,
and opportunity to comment on, any substantial change proposed to be made in the use of funds
received under section 5306 of this title from one eligible activity to another or in the method of
distribution of such funds,
In preparing the final statement, the grantee shall consider any such comments and views and may,
• Copr. 6 West 1997 No Claim to Orig. U.S. Govt. Works
05/29/97 15.17 JONES & FOSTER 561 832 1454 NO.103 P003
42 USCA s 6804 Page 2
If doomed appropriate by the grantee, modify the proposed statement. The final statement shall be
made available to the public, and a copy shall be furnished to the Secretary together with the
certifications required under subsection (b) of this section and, where appropriate, subsection (c) of
this section. Any final statement of activities may be modified or amended from time to time by the
grantee in accordance with the same procedures required in this paragraph for the preparation and
submission of such statement.
(8) A grant under section 6306 of this title may be made only if the grantee certifies that it is
following a detailed citizen participation plan which- -
(A) provides for and encourages citizen participation, with particular emphasis on participation by
Persons of low and moderate income who are residents of slum and blight areas and of areas In which
section 106 (42 U.S.C.A. 163061 funds an proposed to be used, and in the case of a grantee described
in section. 5306(x) of this title, provides for participation of residents in low and moderate income
neighborhoods as defined by the local jurisdiction;
(B) provides citizens with reasonable and timely access to local meetings, information, and records
relating to the grantee's proposed use of funds, as required by regulations of the Secretary, and
relating to the actual use of funds under this chapter;
(C) provides for technical assistance to groups representative of persons of low and moderate income
that request such assistance in developing proposals with the level and type of assistance to be
determined by the grantee;
(D) provides for public hearings to obtain citizen views and to respond to proposals and questions at
all stages of the community development program, including at least the development of needs, the
review of proposed activities, and review of program performance, which hearings shall be held after
adequate notice, at times and locations convenient to potential or actual beneficiaries, and with
accommodation for the handicapped;
M provides for a timely written answer to written complaints and grievances, within 16 working
days where practicable; and
(F) identifies how the needs of non - English speaking residents will be met in the case of public
hearings► where a significant number of non-English speaking residents can be reasonably expected
to participate.
This paragraph may not be construed to restrict the responsibility or authority of the grantee for the
development and execution of its community development program.
(b) Certification of enumerated criteria by grantee to Secretary
Any grant under section 6806 of this title shall be made only if the grantee certifies to the
satisfaction of the Secretary that- -
(1) the grantee is in full compliance with the requirements of subsection (ax2XA), (D), and (C) of this
section and has made the final statement available to the public;
(2) the grant will be conducted and administered in conformity with the Civil Rights Act of 1864 [42
U.S.C.A. B 2000a at mq.l and the Fair Housing Act (42 U.S.C.A. 4 $601 et seq.], and the grantee will
affirmatively !further fair housing;
(3) the projected use of funds has been developed so as to give maximum feasible priority to
Copr. 0 West 1997 No Claim to Orig. U.S. Govt. Works