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R14-110 1 RESOLUTION R14 -110 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY OF BOYNTON 5 BEACH TO APPROVE AND ADOPT THE 2015 REVISED 6 PALM BEACH COUNTY LOCAL MITIGATION 7 STRATEGY PLAN; AND PROVIDING AN EFFECTIVE 8 DATE. 9 10 WHEREAS, Palm Beach County is susceptible to a variety of natural, technological, 11 and human - caused disasters, including but not limited to, severe weather, hazardous materials 12 incidents, nuclear power plant emergencies, communicable diseases, and domestic security incidents 131 as well as climate change impacts and sea level rise that causes increased inundation, shoreline 141 erosion, flooding from severe weather events, accelerated saltwater contamination of ground 151' water and surface water supplies, and expedited loss of critical habitats: and 16 WHEREAS, the Disaster Mitigation Act of 2000, was enacted to establish a national 1 ! disaster hazard mitigation program to reduce the loss of life and property, human suffering, 1 1 economic disruption, and disaster assistance costs resulting from disasters, and to assist state, 1 I local, and tribal governments in implementing effective hazard mitigation measures to ensure 2 1 the continuation of critical services and facilities after a natural disaster: and 21 WHEREAS, the Disaster Mitigation Act of 2000, as a condition for qualifying for and 22 receiving future Federal mitigation assistance funding as well as reimbur,ement for Presidentially 23 Declared Disasters, requires such governments to have Federal 1mergency Management 2 ' Agency approved hazard mitigation plans in place that identify the hi/ards that could impact 2 ' their jurisdictions, identify actions and activities to mitigate the effec , of those hazards, and 2 establish a coordinated process to implement plans; and 1 2 4 WHEREAS, Palm Beach County's Local Mitigation Stratega∎ . in coordination with 2 governmental and non - governmental stakeholders having an interest in reducing the impact of 291 disasters, and with input from the private sector and other members of the public, developed 301 and revised the Palm Beach County Local Mitigation Strategy; and 31 WHEREAS, the 2015 revised Local Mitigation Strategy has n,:c approved by the 32 1 Florida Division of Emergency Management and the Federal Emergenc■ \ :..:lagement Agency 33 subject to adoption by the County Board of County Commissioners; and 341 WHEREAS, the LMS Steering Committee recommends the !'o. n .,.. adoption of the 3 ; 2015 Revised Local Mitigation Strategy, including planned future enhan"'ments described 3 I therein, by the County and all 38 participating municipalities. S \CC \WP\Resolutions\2014\R14 -110 - PBC _2015_Local_Mrtiganon_Strategy Doc Et 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 4 being true and correct and are hereby made a specific part of this Resolution upon adoption 5 hereof. 6 Section 2. The City of Boynton Beach hereby approves and adopts the 2015 7 Revised Local Mitigation Strategy Plan (attached hereto as Exhibit A) in its entirety, as 8 revised by the LMS Steering Committee and approved by the Palm Beach County Board of 9 County Commissioners, the Florida Division of Emergency Management and the Federal 10 Emergency Management Agency. 11 Section 3. The City of Boynton Beach authorizes the appropriate City of Boynton 12 Beach Officials to pursue available funding opportunities for implementation of proposed 13 mitigation initiatives described in the Local Mitigation Strategy, and upon receipt of such 14 funding or other necessary resources, seek to implement the actions in accordance with the 1$ mitigation strategies set out by the Local Mitigation Strategy. 14 Section 4. The City of Boynton Beach will continue to support and participate in 1 the Local Mitigation Strategy planning and implementation process as required by Federal 1 ' Emergency Management Agency, the Florida Division of Emergency Management, and the 1 j Palm Beach County Local Mitigation Strategy Steering Committee. i 2 Section 5. The City of Boynton Beach will consider incorporating climate change 2 concerns, sea level rise and natural hazards into the local comprehensive plan and into future 2 reviews of flood prevention regulations and zoning codes. I 2 j Section 6. The City of Boynton Beach directs the City Clerk to transmit an 2 ` original of the executed Resolution to the Palm Beach County Division of Emergency 2 Management, attention Local Mitigation Strategy Coordinator (712- 6481), for filing in the 2 Office of the Clerk & Comptroller. 241 Section 7. This Resolution shall become effective immediately upon passage. I 2i1 l f � I S \CC \WP\Resolutions\2014\R14 -110 - PBC 2015 Local Mitigation_Strategy Doc 1 PASSED AND ADOPTED this 5 day of November, 2014. 2 CITY OF BOYNTON BEACH, FLORIDA 3 4 (r) `— � / _ 1 r 5 ' lC y,v/ J (61, C V 6 Mayor - Jerry aylor 7 .i 1 8 I 9 • • 1 10 'Vic ayor - Joe Cas , \ -...,, , c\k, f � 1. Commissioner - David T. Merker 1E 1E _ 17 % �� 1: Co' a Fray 1• 2' �"� � 21 A� 4 2. Commissioner - Michael . Fitzpatrick 2 ATTEST: 2 2 - 2: Ami i 2 5 L- 2: 1 . et M. Prainito, MMC 2• ' ity Clerk 31 'C'`' ",. 3 3 (f .; ac 1 " I ' a' } P t I i 1 , 1 ' t t ) +� E S \CC \WP \Resolutlons\2014\R14 -110 - PBC _2015_Local_Mitigation_Strategy Doc ■ 1 ' STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT BRYAN W. KOON Governor Director October 24, 2014 Mr. Kelvin Bledsoe Palm Beach County Local Mitigation Strategy Coordinator 20 South Military Trail West Palm Beach, Florida 33415 Re: Palm Beach County Local Hazard Mitigation Plan Approved Pending Adoption Dear Mr. Bledsoe: This is to confirm that we have completed a State review of the Palm Beach County Local Mitigation Strategy (LMS) plan update for compliance with the federal hazard mitigation planning standards contained in 44 CFR 201.6(b) -(d). Based on our review and comments, Palm Beach County developed and submitted all the necessary plan revisions and our staff has reviewed and approved these revisions. We have determined that the Palm Beach County LMS plan is compliant with federal standards, subject to formal community adoption, for the jurisdictions below: Palm Beach County, Unincorporated City of Atlantis City of Belle Grande City of Boca Raton City of Boynton Beach Town of Briny Breezes Town of Cloud Lake City of Delray beach Town of Glen Ridge Village of Golf City of Greenacres Town of Gulf Stream Town of Haverhill Town of Highland Beach Town of Hypoluxo Town of Juno Beach Town of Jupiter Jupiter Inlet Colony Town of Lake Clarke Shores Town of Lake Park D I V I S I O N HEADQUARTERS Tel: 850-413-9969 • Fax 850- 488 -1016 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www,FlondaDisasterorl 2702 Directors Row Tallahassee, FL 32399 -2100 Orlando, FL 32809 -5631 Mr. Kelvin Bledsoe October 24, 2014 Page two City of Lake Worth Town of Lantana Town of Lexahatchee Groves Town of Manalapan Town of Mangonia Park Village of North Palm Beach Town of Ocean Ridge City of Pahokee Town of Palm Beach City of Palm Beach Gardens Town of Palm Beach Shores Village of Palm Springs City of Riviera Beach Village of Royal Palm Beach City of South Bay Town of South Palm Beach Village of Tequesta City of Wellington City of West Palm Beach Upon submittal of a copy of all participating jurisdictions' documentation of their adoption resolutions to our office, we will send all necessary documentation to the Federal Emergency Management Agency (FEMA) who will issue formal approval of the Palm Beach County LMS plan. If you have any questions regarding this matter, please contact Jamie Leigh Price at 850 - 413 -9925 or Jamie.price @em.myflorida.com. Respectfully, Miles E. Anderson, Bureau Chief, Mitigation State Hazard Mitigation Officer MEA/jIp Attachments: MEMORADUM: State approval of LMS plans under Program Administration by States (PAS) 4 , T te STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT BRYAN W. KOON Governor Director October 1, 2014 MEMORANDUM TO: Local Mitigation Strategy Working Group Chair /Coordinator FROM: Miles E. Anderson, Mitigation Bureau Chief State Hazard Mitigation Officer Florida Division of Emergency Management RE: State approval of LMS plans under Program Administration by States (PAS) Florida is currently operating under PAS with regard to the review and approval of Local Mitigation Strategy (LMS) plans. Under this designation, the Florida Division of Emergency Management (FDEM) will manage the approval of LMS plans with minimal Federal Emergency Management Agency (FEMA) oversight. FEMA will continue to send final approval letters to local communities for their mitigation plans. The process: Plan updates should be submitted to the state for review six (6) months prior to the plan expiration date. Once received, FDEM will complete the first review of each LMS plan within 30 -days of receipt whenever possible. Once the plan has been reviewed by FDEM, the county will be notified that the plan is either in need of revisions, approved pending adoption, or approved. • Needs Revisions: If the plan is determined to be insufficient the FDEM Mitigation Planning Unit will provide technical assistance to the local jurisdiction until they believe that the plan adequately meets the regulations according to FEMA's standards. • Approved Pending Adoption (APA): After FDEM reviewers determine that the plan adequately meets all regulations according to FEMA's standards, they will notify the local jurisdiction by email and letter that the plan Is ready to be adopted. • Approved: Once a plan is adopted, FDEM will notify FEMA that the LMS plan is approved and provide a copy of the adoption resolution, the final plan, and a completed Plan Review Tool. FEMA wi l Issue a formal approval letter for FDEM to transmit to the local community. If you have any questions or need any further information regarding this change please do not hesitate to contact your state LMS liaison. MEA/jlp Dlvl ION EAD•UA el: , 0 -41 - `980• Fax: 850.8. - • ! I •' - E 2666 8hum•rd Osk Boulevard wwwlioldaDlaaster.ona 2702 Directors Row Tsllehesses. FL 32399 -2100 Orlando, FL 52809.6631 Local Mitigation Strategy 1 2015 SECTION 1: PLANNING PROCESS 1.0 INTRODUCTION The Palm Beach County Unified Local Mitigation Strategy (LMS) was formally adopted by the county, municipalities, and the LMS Steering Committee in 1999. Initial development of the LMS was funded, in part, by the Florida Department of Community Affairs (FDCA) with Federal Emergency Management Agency (FEMA) funds earmarked for the development of comprehensive hazard mitigation planning. The LMS was established and continues to operate in accordance with prevailing federal, state and local guidelines and requirements. In 2004 the plan and program were substantially modified to improve operational effectiveness and to comply with new federal guidelines established in response to the Disaster Mitigation Act of 2000. 1.2 PURPOSE The purpose of the Palm Beach County LMS is to develop and execute an ongoing unified strategy for reducing the community's vulnerability to identified natural, technological and societal hazards. The strategy provides a rational, managed basis for considering and prioritizing hazard - specific mitigation options and for developing and executing sound, cost - effective mitigation projects. The LMS also provides a basis for justifying the solicitation and use of local, state, federal and other monies to support hazard mitigation projects and initiatives. 1.3 PROGRAM ORGANIZATION 1.3.1 LMS Structure The original LMS structure consisted of two levels; (1) the LMS Committee which was the larger body of public agencies, non - profit organizations, private institutions, and members of the public at large interested in participation in LMS activities (2) subcommittees. The LMS Steering Committee was the policy and decision body. Voting rights were restricted to one officially designated primary member and two alternates from each municipal jurisdiction and the county. Each jurisdiction had one vote on LMS matters and a quorum vote was required for approval. Written notice from the manager /mayor of the jurisdictional governing body to the Chair of the LMS Committee or to the Director, Palm Beach County Division of Emergency Management was required to designate new voting members. While voting on important LMS issues was restricted as described above, attendance and participation in general meetings was open to the community at large. An LMS Chair and Vice Chair were elected every other year; unlimited successive terms were permissible at the will of the Committee. Local Mitigation Strategy 1 2015 Four subcommittees were established in the early stages of the LMS to assist with initial program and plan development. They included: The Hazard and Vulnerability Analysis Subcommittee, the Outreach and Education Subcommittee, and the Financial and Legal Issues Subcommittee. Over the course of program development, the Outreach and Education Subcommittee evolved and changed its name to the Community Rating System (CRS) Subcommittee to reflect its growing focus on CRS outreach and education and other CRS issues. The Hazard and Vulnerability Analysis Subcommittee and Financial and Legal Issues subcommittees gradually became inactive as the LMS matured, but were subject to reactivation if future needs warranted. A fifth subcommittee, the Update /Review Subcommittee, was created to monitor and evaluate the effectiveness of the LMS and recommend changes to ensure the LMS plan remained current, compliant, focused, and responsive to community interests and needs. An additional standing subcommittee, the Evaluation Panel was established specifically to review, score and prioritize LMS mitigation projects submitted by LMS steering committee members and other partner organizations in accordance with guidelines, procedures and criteria developed early in the program. Under the original project prioritization process, the Panel prepared and submitted Prioritized Project Lists (PPLs) to the Steering Committee for approval and adoption twice a year. With FEMA's issuance of new funding criteria based largely on benefit -cost justifications the role and skill requirements of the Evaluation Panel had to be reexamined. 1.3.2 Current LMS Structure In July 2003, the Update /Review Subcommittee was reconstituted as an Administrative Subcommittee with the broader mission of providing guidance and assistance necessary to bring the plan and program into compliance with the new federal guidelines and criteria established in response to the Disaster Mitigation Act of 2000 and Title 44 Code of Federal Regulations. The group met numerous times over the course of the review to develop plans and strategies for the revision process, and monitor and review plan revisions. A number of important recommendations and actions emerged from this later responsibility. Among the Committee's observations were the following: • The LMS Committee, composed of the County and all municipal members, was considered too large and unwieldy to serve as an effective policy and decision body • Greater attention needed to be given to ensuring mitigation projects were cost - effective and focused on threat - specific mitigation priorities and strategies • Many of the county's jurisdictions, particularly the smaller municipalities, lack the in- house technical resources, funds, and expertise necessary to effectively execute FEMA's mandated Benefit -Cost analyses Local Mitigation Strategy 1 2015 • The plan revision process afforded an excellent opportunity to also reconsider and revamp the LMS program structure and operating philosophy. In response to these and other considerations, in June 2004, the LMS voted unanimously to adopt and phase into implementation a number of significant program changes and enhancements proposed by the Administrative Subcommittee. Among the executed and /or planned actions are the following: LMS Steering Committee Effective July 2004, the LMS Steering Committee consisted of 15 members comprised of: seven municipal representatives, two county /local government representatives, one state /federal government representative, one university /college representative, one healthcare industry representative, one non - profit representative, and two representatives from the private sector. The Steering Committee serves as the Local Mitigation Strategy program board of directors. As such, it is the primary decision and policy body for LMS sponsored mitigation activity. LMS Working Group The LMS Working Group is comprised of the full body of the LMS, representing a broad cross - section of public sector and private sector organizations and individuals, including the general public. The Working Group serves as an umbrella organization for coordinating all mitigation programs and activities, supplies the staffing and expertise for the standing and ad hoc committees of the LMS, and is the primary mechanism and forum for exchanging information and mobilizing the vast expertise and resources of the community. Standing Committees • Evaluation Panel, designated to review, evaluate, score and rank mitigation projects applying established local, state and federal prioritization processes and criteria. • Flood Mitigation Technical Advisory Committee, comprised of flood mitigation engineers and experts from public and private sector organizations, is charged with assessing county -wide flood risks and vulnerabilities without regard to jurisdictional boundaries and recommending flood mitigation priorities, strategies, plans and projects for LMS consideration and action that optimally benefit to the greater community. • Flood Mitigation Committee — CRS Outreach Subcommittee, comprised of representatives from the county's 26 CRS communities, who collaborate on a full range of Outreach Projects Strategy (OPS) initiatives and promote CRS participation. Ad Hoc Committees: Formed as needed. Local Mitigation Strategy 1 2015 1.4 LMS PARTICIPATION REQUIREMENTS Since the Unified Local Mitigation Strategy is written directly from input from all meetings, it is important to make sure that the entire Palm Beach County community is represented. The following groups are invited to all Local Mitigation Strategy meetings. Each group has different participation requirements; however, all groups are strongly encouraged to participate in the planning process. Jurisdictions Municipal and county participation are critical to the success of the LMS. In order to retain LMS voting rights, qualify for federal mitigation assistance consideration, and otherwise remain a member in good standing, the county and all municipal jurisdictions are expected to conform to the following standards: • Participation of the representative or alternate in the two annual Working Group meetings; or • Participation of the representative or officially designated alternate(s) in a majority of the Steering Committee meetings • Participation in a majority of subcommittee meetings; or • Participation in special conference call meetings of the Steering Committee or subcommittees; and • Have a dully executed resolution adopting the revised LMS plan on file with the county. In order for a jurisdiction to be eligible for Hazard Mitigation Grant Program (HMGP), Flood Mitigation Assistance (FMA) and Pre - Disaster Mitigation (PDM) funding programs, they must have an executed resolution /interlocal agreement adopting the LMS. Appendix H includes the Board of County Commissioners agenda item summary, along with a copy of all executed adoption resolutions. Consecutive absences will be cause for disqualification for the LMS, subject to appeal and review by the LMS Chair. All rights and privileges will be terminated during a period of disqualification and formal reapplication; Non - Governmental Organizations (NGO's) and other Governmental Entities In order to qualify for LMS grant sponsorship, NGO's and other governmental entities must: • Have a dully executed letter of commitment to the LMS on file with the county; and Local Mitigation Strategy 1 2015 • In the judgment of the LMS Steering Committee, actively participate in, and otherwise support LMS activities. The Public and Private Sector The Palm Beach County Unified Local Mitigation Strategy believes broad community support, including ongoing public and private sector involvement, is very important to the success of the program. While participation by private organizations and the general public is strictly voluntary, their attendance, comments, contributions, and support are actively invited, sought, monitored and fully documented. In order to promote the opportunity for broad participation, at a minimum, notices and agendas for all general meetings of the LMS are posted through some combination of the following: newspaper ads or public service announcements; postings on county and municipal websites, announcements in the county and municipal newsletters and calendars, and blast faxes and e- mailings to all previous participants. 1.5 JURISDICTIONAL ADOPTION OF THE LMS All jurisdictions wishing to participate in and share in the benefits deriving from the LMS program must complete and file a fully executed resolution (see Appendix H) which conforms to the adoption standards jointly established and amended by the Palm Beach County Board of County Commissioners and the LMS Steering Committee. 1.6 NEW JURISDICTIONS/ENTITIES In the event municipal jurisdictions are added, deleted, or merged within the county, the LMS will appropriately adjust its member rolls as necessary and require any newly defined jurisdictions to provide documentation necessary for participation in the program. 1.7 GUIDING PRINCIPLES The LMS guiding principles are an expression of the community's vision of hazard mitigation and the mechanisms through which it is striving to achieve that vision. The principles address concerns of the community relative to natural, man -made, and environmental hazards. 1.7.1 PROCESS As part of the process, a survey was distributed to each local jurisdiction. The surveys provided information about the jurisdiction's development plans and regulations, and hazard mitigation projects they have implemented. Using this approach, a comprehensive list of hazards of concern to the local governments was developed. From these defined hazards, the Working Group identified areas of concern. These areas of concern included: Local Mitigation Strategy, 2015 • Loss of life • Loss of property • Community sustainability • Health /medical needs • Sheltering • Adverse impacts to natural resources (e.g., beaches, water quality) • Damage to public infrastructure (e.g., roads, water systems, sewer systems, stormwater systems) • Economic disruption • Fiscal impact • Recurring damage • Redevelopment /reconstruction • Development practices /land use • Intergovernmental coordination • Public participation • Repetitive flood loss properties • Historical structures 1.8 STRATEGY The strategy used for the development and revision process of the Unified Local Mitigation Strategy Plan, consisted of the following tasks: 1. Public involvement to ensure a representative plan 2. Coordination with other agencies or organizations 3. Hazard area inventory 4. Risk and Vulnerability Assessment 5. Incorporating existing plans, reports, and technical information into the LMS 6. Review and analysis of possible mitigation activities 7. Local adoption following a public hearing 8. Periodic review and update Local Mitigation Strategy 1 2015 1.9 Measuring the Overall Effectiveness of the LMS Program Measuring the effectiveness of mitigation activities presents several challenges. However, since this program has identified goals, the effectiveness of this program will be measured, to the extent possible, against progress being made toward meeting those goals. The LMS Coordinator regularly monitors attendance and participation of the Working Group. This is done through sign -in sheets at meetings and submittal of mitigation projects for inclusion in the LMS document. The LMS also encourages increased activity in the CRS program. The completion of these projects enables the LMS Coordinator to track and monitor future performance. Performance is also identified during the damage assessment process where damage and opportunities for future mitigation activities are discovered. 1.10 BENEFITS Adoption of this strategy will provide the following benefits to both County and municipal governmental entities: • Compliance with Administrative Rules 9G -6 and 9G -7, Florida Administrative Code (F.A.C.), requirements for local comprehensive emergency management plans to identify problem areas and planning deficiencies relative to severe and repetitive weather phenomenon, and to identify pre and post- disaster strategies for rectifying identified programs • Universal points from the National Flood Insurance Program's (NFIP) Community Rating System (CRS) Program for developing a Floodplain Management Program, which may help further reduce flood insurance premium rates for property owners • Access to FEMA's Federal grant programs, • Compliance with the Disaster Mitigation Act of 2000. • Set forth the guiding principles with which both the County and municipal governmental entities of Palm Beach County will address the issue of all hazard mitigation • Identify the known hazards to which the county is exposed, discuss their range of impacts, and delineate the individual vulnerabilities of the various jurisdictions and population centers within the county (Section 2.0, Hazard Identification and Vulnerability Analysis) Local Mitigation Strategy 1 2015 • Develop a detailed method by which Palm Beach County (municipalities and County government) can evaluate and prioritize proposed mitigation projects along with new federal requirements • Develop the process and schedule by which this entire Unified Local Mitigation Strategy will be reviewed and updated to include public participation 1.11 Evaluation Criteria and Procedures to Review and Revise the LMS This document will be updated a minimum of every five (5) years by the LMS Coordinator with the assistance of the Revision Subcommittee and approval by the Steering Committee with input from the LMS Working Group. The public is given an opportunity to review this document and provide comments through the County website, as well as committee meetings. Revisions may also be made based upon experience from any significant events such as a hurricane, destructive tornado, severe hazardous materials spill or any other occurrence where mitigation could benefit the community. Changes in federal, state, and local laws will also be reflected in the updated version of this document. The revisions will then be distributed to all affected parties by the LMS Coordinator. The evaluation criteria which are used include: 1. Have there been any new mandates from federal, state or local agencies that require changes to the Local Mitigation Strategy? Any new or changing laws, policies or regulations. 2. Are there any societal developments or significant changes in the community that must be added to the current LMS? 3. Have there been any changes in the Comprehensive Plan or any other form of standard operating procedure? 4. Have any of the mitigation opportunities been implemented? Are the priorities for implementation the same? 5. What are the recommendations or lessons learned from any major incidents that have occurred since last adoption? During the revision process, each criterion is addressed to determine if they are still valid and adjustments are made as necessary. All existing mitigation opportunities that are determined to still be viable projects will be left standing. All those that are determined to be no longer workable will be set aside for further review and revision or, dropped as no longer feasible. 8 Local Mitigation Strategy 1 2015 Once revisions are approved by the Steering Committee, the LMS Coordinator provides the copy to all members, on the website, and to the State for approval. Once approved by the State, LMS Coordinator distributes to members for final adoption by governing body. 9