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RESOLUTION NO. 04- [(~l
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZINGTHE CITY OF
BOYNTON BEACH TO ADOPT THE REVISED
UNIFIED PALM BEACH COUNTY LOCAL
MITIGATION STRATEGY PLAN; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Palm Beach County and its 37 municipalities, worked together in
1998 and 1999 to develop a multi-jurisdictional strategy known as the Unified Local
Mitigation Strategy Plan to create a more disaster resistant community; and
WHEREAS, the Federal Disaster Mitigation Act of 2000 (DMA2000) mid the
Federal Emergency Management Agency (FEMA) require communities to adopt a hazard
mitigation plan in order to be eligible to receive pre-disaster and post-disaster federal
funding for mitigation purposes; and
WHEREAS, Palm Beach County and its 37 municipalities have participated in
the Unified Local Mitigation Strategy (LMS) program since its inception in 1999 and a
majority of the 37 municipalities approved an Interlocal Agreement with Palm Beach
County concerning the LMS program (the "LMS Interlocal"); and
WHEREAS, the County and its 37 municipalities coordinated a public process to
revise and amend the Unified LMS plan to bring it into full compliance with new federal
guidelines established in response to DMA2000 (the "Revised LMS Plan"); and
WHEREAS, Palm Beach County's Revised LMS plan was reviewed and
approved by FEMA and the Florida Department of Community Affairs contingent upon
the inclusion of mutually acceptable changes and the adoption of same by the Palm Beach
County and the municipalities; and
WHEREAS, the LMS Steering Committee recommends the formal adoption of
S:\CA\RESO\Local Mitigation Strategy Plan.doc
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the Revised LMS plan by resolution pursuant to the terms of the LMS Interlocal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. Each Whereas clause set forth above is hereby ratified as being true
and correct and incorporated herein by this reference;
Section 2. The City Commission of the City of Boynton Beach, Florida,
hereby approves and adopts the Revised Unified Local Mitigation Strategy Plan in its
entirety, as revised and approved
"Revised LMS Plan") and agrees
by the Local Mitigation Steering Committee (the
to be governed by the Revised LMS Plan attached
hereto and incorporated herein as Exhibit "A" (set forth on CD-ROM); and, as applicable,
further agrees to be governed by the Revised LMS Plan which shall hereafter amend any
LMS Interlocals previously approved by the City of Boynton Beach.
Section 3. The City Commission of the City of Boynton Beach authorizes the
appropriate City Officials to pursue available funding opportunities for implementation
of proposals designated therein and will, upon receipt of such funding or other necessary
resources, seek to implement the actions contained in the mitigation strategies.
Section 4. The City of Boynton Beach will continue to participate in the
multi-jurisdictional LMS planning process, including reporting of progress as required by
FEMA, the Florida Department of Community Affairs, and the LMS Steering Committee.
Section 5. The City Commission directs the City Clerk to transmit an original
of the executed Resolution to the Palm Beach County Division of Emergency
Management, attention Senior Mitigation Planner (Phone No. 712-6325), to be forwarded
for filing in the Office of the Circuit Court.
Section 6. This Resolution shall take effect immediately upon passage.
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PASSED AND ADOPTED this o~ [ day of September, 2004.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
~:\CA\RESO\Local Mitigation Strategy Plan.doc
Requested City Commission
Meeting Dates
[] August 3, 2004
[] August 17,2004
[] September 7, 2004
[] September 2 I, 2004
NATURE OF
AGENDA ITEM
VI.-CONSENT AGENDA
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
(Noon.) July 19, 2004 []
(Noon) August 2, 2004 []
(Noon) August 16, 2004 []
(Noon) September 7, 2004 []
Requested City Commission
Meeting Dates
October 5, 2004
October 19, 2004
November 3, 2004
November 16, 2004
Date Final Form Must be Turned
in to City Clerk's Office
(Noon) September 20, 2004
(Noon) October 4, 2004
(Noon) October 18, 2004
(Noon) November 1,2~4
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Hearing [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
[] City Manager's Report
RECOMMENDATION: Approve resolution to adopt the revised unified Palm Beach County Local Mitigation
Strategy Plan.
EXPLANATION: The resolution is an integral part of the Federal Mitigation Act of 2000 and the Federal
Emergency Management Agency's requirements for communities to be eligible to receive pre-disaster and post-
disaster federal funding for mitigation purposes. This resolution is necessary to bring the current Unified Local
Mitigation Strategy (LMS) program into full compliance with new federal guidelines.
PROGRAM IMPACT: As a member of this multi-jurisdictional strategy known as the Unified Local Mitigation
Strategy Plan, the City Of Boynton Beach will be eligible for federal funding for pre-disaster resistant community
projects as well as post-disaster mitigation projects. Participation in this local hazard mitigation plan is an integral
part of FEMA funding.
FISCAL IMPACT: Eligibility for FEMA grant funding for selected disaster mitigation programs.
ALTERNATIVES: Fund these mitigation projects through local funding so rces.
artment Head's Signature · ' -C~ty Manager s Signature
~cF_.~Department t/~ Name ~C..~ ~__ h~.._~ City X4~,~./Finance / Human Resource s,
S :~,BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO.
A RESOLUTION ADOPTED BY THE (Municipal Governing Body) OF
(Municil~ality), FLORIDA, AUTHORIZING THE (Municipality) TO
ADOPT THE REVISED UNIFIED PALM BEACH COUNTY LOCAL
MITIGATION-STRATEGY PLAN; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, Palm Beach County and its 37 municipalities, worked together in
1998 and 1999 to develop a multi-jurisdictional strategy known as the Unified Local
Mitigation Strategy Plan to create a more disaster resistant community; and.
WHEREAS, the Federal Disaster Mitigation Act of 2000 (DMA2000) and the
Federal Emergency Management Agency (FEMA) require communities to adopt a
hazard mitigation plan in order to be eligible to receive pre-disaster and post-disaster
federal funding for mitigation purposes; and
WHEREAS, Palm Beach County and its 37 municipalities have participated in
the Unified Local Mitigation Strategy '(LMS) program since its inception in 1999 and a
majority of the 37 municipalities approved an Interlocal Agreement with Palm Beach
County concerning the LMS program (the "LMS Interlocal"); and
WHEREAS, the County and its 37 municipalities coordinated a public process to
revise and amend the Unified LMS plan to bring it into full compliance with new federal
guidelines established in response to DMA2000 (the "Revised LMS Plan"); and
WHEREAS, Palm Beach County's Revised LMS plan was reviewed and
approved by FEMA and the Florida Department of Community Affairs contingent upon
the inclusion of mutually acceptable changes-and the adoption of same by the Palm
Beach County and the municipalities; and
WHEREAS, the LMS Steering Committee recommends the formal adoption of
the Revised LMS plan by resolution pursuant to the terms of the LMS Interlocal.
NOW, THEREFORE, BE IT RESOLVED BY THE (MUNICIPAL GOVERNING
BODY) OF THE (Municipality, FLORIDA, THAT:
Section 1. The (Municipality) hereby approves and adopts the Revised Unified
Local Mitigation Strategy Plan in its entirety, as revised and approved by the Local
Mitigation Steering Committee (the "Revised LMS Plan") and agrees to be governed by.
the Revised LMS Plan attached hereto and incorporated herein as' Exhibit "A' (set forth
on CD-ROM); and, as applicable, further agrees to be governed by the Revised LMS
Plan which shall hereafter amend any LMS Interlocals previously approved by
(Municipality).
Section 2. The (Municipalit~ authorizes the appropriate (Municipality) Officials
to pursue available funding opportunities for implementation of proposals designated
therein, and will, upon receipt of such funding or other necessary resources, seek to
implement the actions contained in the mitigation strategies.
Section 3. The (Municipa/itF) will continue to participate in the multi-jurisdictional
LMS planning'process, including reporting of progress as required by FEMA, the Florida
Department of Community Affairs, and the LMs Steering Committee.
Section 4. The (Municipal Governing Body) directs the Clerk to transmit an
original, of the executed Resolution to the Palm Beach County Division of Emergency
Management, attention Senior Mitigation Planner (Tel. 712-6325), to be forwarded for
filing in the Office of the Circuit Court.
RESOLVED AND ADOPTED this
__ day of ., 2004.
Department of Public Safety
vision of £mergency Management
20 South Military Trail
West Palm Beach, FL 33415
(561) 712-6400
FAX: (561) 712-6464
www. pbcgov.com
Palm Beach County
Board of County
Commlssloner~
l~ren T Marcus, Chair
Masilotti. Vice Chairman
Jeff Koons
warren H. Newell
Mary McCarty
Burr Aaronson
Addle L Greene
County Administrator
Robert Weisman
'An Equal Opportunity
Affirnmtive Action Employer'
MEMORANDUM
TO:
FROM:
DATE:
RE:
LMS
Municipal LMS Representatives
William F. O'Bden, III, Director
Division of Emergency Management
August 5, 2004
Adoption of the Revised LMS Plan
All Local Mitigation Strategy (LMS) programs across the U.S. are
being required by the Federal Emergency Management Agency
(FEMA) to bdng their plans into compliance with the new federal
guidelines introduced in response to the Disaster Mitigation Act of
2000. A "FEMA approved" LMS plan is required by November 1,
2004 in order for Palm Beach County and participating municipalities
to be eligible to apply for and receive pre and post disaster federal
mitigation funding.
After a very lengthy and involved revision process, in November of
2003 Palm Beach County's plan was among the first in the U.S. to be
granted "conditional approval" by FEMA ... i.e. the plan was approved
conditioned upon completion of certain additional specified changes
and documented evidence of adoption of the revised LMS by all
participating jurisdictions. The required additional changes have now
been completed and submitted to the Florida Department of
Community Affairs and FEMAo We are now proceeding with the final
step of completing the adoption process at the municipal and county
levels and supplying evidence to FEMA in time to make the November
1st deadline.
EnclOsed find the following: 1. A CD-ROM copy of the Revised Palm Beach County Unified
Local Mitigation Strategy Plan
2. A copy of the LMS municipal adoption resolution
3. A copy of the cross-walk document paidng the FEMA required
changes with the sections or pages changed and resubmitted.
Please do everything you can to expedite the adoption process. In
order to meet FEMA's deadline, we are establishing a deadline of
October 1 for receiving all executed adoption resolutions.
Municipalities not included in our FEMA submission package will likely
have to reapply for membership in the LMS and will be ineligible for
federal funding until they are reinstated in the program.
l~ pr/nted on recyc/ed paper
For your information, a draft of the enclosed adoption resolution has
been reviewed and revised in accordance with recommendations
provided from the County attorney's office, the attorney's office
representing the League of Cities, and the Flodda Department of
Community Affairs.
Your municipality is required to execute the new adoption resolution
even if it has a previously executed Intedocal Agreement on file with
the county. We have purposely kept the enclosed resolution short and
straight forward in hopes of avoiding lengthy legal delays. The
resolution basically represents a recommitment to the LMS program
as modified by the Disaster Mitigation Act of 2000. It is essentially the
same resolution other communities will use.
One significant change that should be noted is FEMA's more stringent
requirements for documented participation by all jurisdictions.
Accordingly, the LMS Steedng Committee has introduced strict rules
on LMS meeting attendance, committee participation and project
submission.
VVhile participation in the LMS is voluntary, we strongly recommend
that no municipality withdraw from the program without first seriously
considering the potential costs, risks, and exposures that non-
participation would bring.
In order to ensure your executed resolution is processed in a timely
manner, please forward three copies with original sianatures
directly to the attention of Sheddan Truesdale, Division of Emergency
Management, 20 S. Military Trail, West Palm Beach, FL 33415. If you
have any questions on the LMS plan and/or the adoption process,
please direct them to Mr. Truesdale at (561) 712-6325 or
struesda(~.co.palm-beach.fi.us
Thank you for your prompt attention to this request.
Sincerely,
Division of Emergency Management
Sheridan L. Truesdale
Sr. Mitigation Planner