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Minutes 12-05-23
Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, December 5, 2023, at 6:00 P.M. Present: Mayor Ty Penserga Daniel Dugger, City Manager Vice Mayor Thomas Turkin Shawna Lamb, City Attorney Commissioner Angela Cruz Tammy Stanzione, Deputy City Clerk Commissioner Woodrow L. Hay Commissioner Aimee Kelley 1. Agenda Items A. Call to Order- Mayor Ty Penserga Mayor Penserga called the meeting to order at 6:00 P.M. Roll Call Deputy City Clerk Tammy Stanzione called the roll. A quorum was present. Invocation by Commissioner Woodrow L. Hay Invocation was given by Commissioner Hay Pledge of Allegiance to the Flag led by Commissioner Angela Cruz. The Pledge of Allegiance was led by Commissioner Cruz. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Mayor Penserga stated that staff requested Item 12A be heard before Consent Agenda. Commissioner Kelley requested that Item 10A be heard before Public Hearing. Vice Mayor Turkin requested Item 8B be heard after Item 3D. Mayor Penserga clarified that Item 8B would be heard before Consent Agenda, but after the Police Impact Fee discussion. Vice Mayor Turkin requested an update from staff on anything in the code for workforce Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 housing that would allow some form of waiver. City Manager Dugger said that he will speak with Planning and Development and may need to bring an update back. Mayor Penserga stated that they will add the waiver as it pertains to workforce housing discussion item under New Business. Commissioner Kelley reiterated that she wants Item 10A before Public Hearing. Mayor Penserga clarified that it will be Item 12A, followed by Item 10A, and then 8B, which is Public Hearing. Motion: Vice Maycr Turkin moved to approve the agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Cruz disclosed that she had many conversations and received many messages regarding the bond. Vice Mayor Turkin said that the Holiday Tree Lighting and the Parade were both great successes and he applauded staff for their efforts. Commissioner Hay stated that the Veterans Day event was well attended and there were great speeches. He mentioned that he attended the National League of Cities in Atlanta and toured the Tyler Perry movie studio. He said that it is a great example of revitalization that serves the community. He agreed that the Tree Lighting was extraordinary and he had a great time at the parade. Commissioner Kelley stated that she had conversations regarding Item 10A. She thanked City staff for the weekend events. She noted that the parade MC was amazing and was entertaining. Commissioner Hay said that he noticed several cities at the National League of Cities had youth attend and Boynton Beach should consider it. He asked for it to be a future discussion item. Mayor Penserga commended staff for the weekend events. 2 Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 3. Announcements, Community and Special Events and Presentations A. Proclamation for December 2023 as Impaired Driving Awareness Month. Mayor Penserga read the Proclamation into the record. Jacksonville Police Department accepted the Proclamation. B. Announcement of Pearl Harbor Remembrance Day Ceremony. Mayor Penserga announced the Pearl Harbor Remembrance Day Ceremony. C. Announcement of Oceanfront Bark. Mayor Penserga announced the Oceanfront Bark event. D. Announcement by the Recreation and Parks Department along with the National Recreation & Parks Association recognizing the City of Boynton Beach Recreation & Parks Department as a NRPA CAPRA accredited agency. Mayor Penserga announced the NRPA CAPRA accreditation. Kacy Young, Recreation and Park Director, commended his staff for the accreditation. He said that they are following the best practices and standards, nationwide. He introduced representatives from NRPA and CAPRA, who joined virtually. Jennifer Schlenning, Senior Manager CAPRA, spoke about the accreditation and said that Boynton Beach is part of the continued growth of the program. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Colleen Paul said that she recently moved to the City, and her mother wanted to be buried in Boynton Beach and she would prefer to expand the cemetery located on Seacrest. She said that when there is an issue, the community calls her because she understands creole. Paster Richard Dames said that he stands on behalf of community and residents due to 3 Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 the lack of cemetery space. He stated that they have residents who were born and raised in the City that would like to be buried here. He asked if there is a short-term solution, and where a new cemetery would be built or if there are plans to expand the cemetery on Woolbright and Seacrest. Mack McCray said that the City Commission mentioned that there was land out west, but staff was not told to look for land out west. He stated that he replatted the City when he was on the Commission, and they can get close to 600 plots now. Mark Karageorge said that they need to mentor the youth into leadership positions. He stated that the City's youth need encouragement and direction. He recommended a leadership program. Rob Jaeger asked for volunteers to help paint their FOE building. Evangeline Ward spoke about the bond item on the agenda. She said that they need to do more to bury their dead. Suzanne Ross announced upcoming events at the Children's Schoolhouse Museum. Susan Oyer said that the mangrove land was never transferred to the City. She stated that people see the mangroves being cut down and destroyed, which is a federal violation. She said that they desperately need industrial space and there are creative spaces. She noted that they do not need more apartments. Monica Kleckly said that the cemetery is very important to her, and she was told three years ago that they were looking for more land. She noted that other cemeteries increased their prices for Boynton Beach residents. She mentioned that she wants to be buried in her City. Katie Mellon said that the cemetery needs to be cleaned up. She said that the stones are broken and there is glass everywhere. She stated that she still needs Police Officers to come down her street. Kristy Ward said that there are still not enough plots for Boynton Beach residents in the cemetery. She mentioned that the Commission keep sweeping it under the rug. She stated that she has family buried there, but there is no room for the rest of her family to be buried there. Brother Victor Norfus said that the first Unity Project event would be held on January 13, 2024. He stated that this all goes back to the Barton Cemetery. He spoke about the historical indigenous tribe in the area. Harry Woodworth said that the bond is 30 years long and are supposed to be for long- 4 Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 term projects. He stated that bonds are not for software, annual services, or equipment replacement. He asked them to take it back and do what is right for the City. Kathleen Hawkins said that her family is buried in the cemetery, and that it would be a blessing to expand the cemetery. She noted that she still has no light in her community. She mentioned that she called FPL and was told that it is a City issue, so she asked for it to be fixed. She said that she left a message for Commissioner Hay and never received a response. Tom Wornky said that Lakeside Harbor is in the flood zone. He asked if City staff or the development have addressed where the high-water line would be in 2050. He mentioned that the property owner deeds provide access to the lagoon. He said that drainage from the development property needs to be contained on the property. Justin Johnson announced the ribbon cutting of the re-opening of the Wilson Park playground will be held on December 7. Ernest Mignoli said that he is here tonight and that is all he wants to say. No virtual comments. Mayor Penserga closed public audience. 5. Administrative A. 2024 City Commission Calendar of Meetings. There was a consensus to cancel the January 2, 2024 City Commission meeting. Motion: Commissioner Hay moved to approve the 2024 City Commission Calendar with the changes included. Commissioner Kelly seconded the motion. The motion passed unanimously. B. Community Support Funds. Motion: Commissioner Hay moved to approve Vice Mayor Turkin's Community Support Funds for $675, to the East Boynton Little League. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 5 Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 Motion: Vice Mayor Turkin moved to approve Commissioner Hay's Community Support Funds for $1,000, to the Eat Better, Live Better. Commissioner Kelley seconded the motion. The motion passed unanimously. 6. Consent Agenda A. Proposed Resolution No. R23-167-A Resolution of the City of Boynton Beach, Florida, approving and authorizing the Mayor to sign the locally funded agreement and the three party escrow agreement between FDOT and City of Boynton Beach to fund the design and construction of a mid-block pedestrian crossing on East Ocean Avenue (Sr 804) west of Northeast 6th Street; and providing an effective date. B. Proposed Resolution No. R23-168-A Resolution cf the City of Boynton Beach, Florida, approving the adoption of the southeast Florida climate action pledge to affirm the commitment of advancing strategic climate adaptation and mitigation efforts with the southeast Florida regional climate change compact; and providing an effective date. C. Proposed Resolution No. R23-169-A Resolution of the City of Boynton Beach, Florida, approving and authorizing the Mayor to sign agreement for the temporary construction easement on parcel 701 for staging its construction equipment relating to the State Road 9 (1-95) at Gateway Boulevard improvements; and providing an effective date. D. Proposed Resolution No. R23-170-A Resolution of the City of Boynton Beach, Florida, approving and authorizing the Mayor to sign a second amendment to the interlocal agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency to provide funding for the construction of the Boynton Beach Boulevard Complete Streets Project for a total amount of $3.1 million; amending the adopted FY 2023/2024 budget for the 302 Fund from $6,387,691 to $7,482,691; and providing an effective date. E. Proposed Resolution No. R23-171-A Resolution of the City of Boynton Beach, Florida, approving and authorizing the City Manager to sign a participation agreement with Palm Beach County for publication of legal notices on the County's designated publicly accessible website; and providing an effective date. F. Proposed Resolution No. R23-172-A Resolution of the City of Boynton Beach, 6 Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 Florida, approving and authorizing the City Manager to sign a land use agreement with Journey Community Church, Inc., for the Annual Holiday Parade to be held Saturday, December 2, 2023; and providing an effective date. G. Proposed Resolution No. R23-173-A Resolution of the City of Boynton Beach, Florida, approving and authorizing the City Manager to sign a land use agreement with BB1 Development, LLC, for the annual holiday parade to be held Saturday, December 2, 2023; and providing an effective date. H. Purchase of replacement furnishings for Barrier Free Park. I. Purchase of Network Equipment in support of Project IT2401 "Replace Datrium Server." J. Purchase of networks switch maintenance and licensing. K. Proposed Resolution No. R23-177-A Resolution of the City of Boynton Beach, Florida , approving the transmittal of the City of Boynton beach State Housing Initiative Partnership (Ship) Program annual report FY2020-FY2023; authorizing the Mayor to sign the corresponding local housing certification; and providing an effective date. L. Proposed Resolution No. R23-178-A Resolution of the City of Boynton Beach, Florida, approving and authorizing the Mayor and Police Chief to sign all documents associated with the acceptance and grant agreement, subject to final approval by the City Attorney, for the FY23 Cops Hiring Program Award #15JCOPS-23-GG-04576-UHPX for $875,000; and providing an effective date. M. Task Order No. CRSUTL-01-2024 for Community Rating System 2024 Annual Recertification. N. Proposed Resolution No. R23-179- A Resolution of The City of Boynton Beach, Florida, authorizing the City Manager to sign the second amendment to Towing Franchise Agreement for the last one (1) year renewal of the contract With Beck's Towing & Recovery, Inc. for towing & storage services; and providing an effective date. O. Schoolhouse Children's Museum Quarterly Report to City Commission. P. Proposed Resolution No. R23-180-A Resolution of the City of Boynton Beach, 7 Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 Florida, approving and authorizing the City Manager to sign a Memorandum of Understanding to Amend the October 1 , 2022 Through September 30, 2025 Collective Bargaining Agreement between the City of Boynton Beach, Florida and the Palm Beach County Police Benevolent Association, Inc. Officers & Detectives Unit; and providing an effective date. Q. Utilize the State of Florida Contract # 42000000-23-ACS with Henry Schein Medical. R. State Forfeiture Donation - Law Enforcement Trust Fund. S. Legal Invoices October/November 2023. T. Commission Meeting Minutes. U. Change Order to Utility Work by Highway Contractor Agreement with FDOT for Boynton Beach Boulevard Complete Streets project. Commissioner Kelley requested to pull Item 6L. Motion: Commissioner Hay moved to approve the Consent Agenda, as amended. Commissioner Cruz seconded the motion. The motion passed unanimously. 6L. Proposed Resolution No. R23-178- A Resolution of the City of Boynton Beach, Florida, approving and authorizing the Mayor and Police Chief to sign all documents associated with the acceptance and grant agreement, subject to final approval by the City Attorney, for the FY23 Cops Hiring Program Award #15JCOPS-23-GG- 04576-UHPX for $875,000; and providing an effective date. Chief DeGiulio said that the grant is for seven additional officers, bringing the staff total to 170 officers, which is an increase from 156. Commissioner Kelley asked about the grant timeframe. Chief DeGiulio said that it is three years of funding, but the grant is for five years. Commissioner Kelley thanked the Police Department for applying for the grant. Motion: 8 Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 Commissioner Kelley moved to approve Item 6L. Commissioner Cruz seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over$100,000 A. Replacement of chiller (HVAC) system at Fire Station 5. B. Purchase order for the Cherry Hill Road Resurfacing. C. Proposed Resolution No. R23-175-A Resolution of the City of Boynton Beach, Florida, approving the use of Volusia County, Florida, RFP NO. 22-P-58BB and authorize the City Manager to sign an agreement with Commercial Risk Management, Inc., for professional workers compensation third party administration services with an estimated annual cost of $1,130,000; and providing an effective date. D. Purchase order for Asphalt and Sidewalk Rehabilitation (Boynton Lakes Blvd) to Atlantic Southern Paving and Sealcoating. E. Change order for the Boynton Beach Extension Project. F. Proposed Resolution No. R23-176-A Resolution of the City of Boynton Beach, Florida, approving and authorizing the City Manager to sign a Maintenance Agreement No. 00309 based on the GSA Contract No. GS-07F-173GA with Broadcast Systems (ER Tech Systems Group, Inc.) to purchase services, support, and maintenance for citywide cameras, access control, and real time crime center technology on an "as needed basis" from broadcast systems for an estimated total not to exceed $148,000; and providing an effective date. G. High Speed Wireless Data Services- Verizon Wireless Personal Communications LP. H. Purchase of Servers and Software to Replace Datrium DVX. I. Vehicle Purchases- December 2023. Motion: Commissioner Cruz moved to approve the Consent Bids and Purchases over $100,000. Commissioner Kelley seconded the motion. The motion passed unanimously. 8. Public Hearing 9 Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 23-015- Second Reading- An Ordinance of the City Commission of the City of Boynton Beach, Florida, approving amendments to the City of Boynton Beach Comprehensive Plan for transmittal to the Department of Economic Opportunity for the State-Coordinated Review. The proposed amendments address new statutory requirements pertaining to the establishment of a property rights element; providing for conflicts, severability, and an effective date. Deputy City Clerk Stanzione read the Ordinance No. 23-015 into the record. Andrew Meyer, Senior Planner, introduced the item. He reviewed the following: Evaluation and Appraisal Review (EAR); Property Rights Element; Recommendation; and Next Steps. Mayor Penserga opened to public comment, and no one came forth. He closed public comments. Motion: Vice Mayor Turkin moved to approve Ordinance No. 23-015, at second reading. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. B. Harbor Cay - Major Master Plan Modification (MPMD 23-001) and Major Site Plan Modification (MSPM 23-002). Deputy City Clerk Stanzione read the item into the record. She swore in those intending to speak. Commissioner Cruz said that she has had any ex-parte communication, has received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Vice Mayor Turkin said that he has had any ex-parte communication, has received written communication, has not conducted an investigation, has not made a site visit, and has 10 Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Hay said that he has had any ex-parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Kelley said that she has had any ex-parte communication, has received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Mayor Penserga said that he has had any ex-parte communication, has received written communication, has not conducted an investigation, has made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Bradley Miller, Urban Design Studios, introduced himself and other members of the team. He presented the following: Harbor Cay Project Location; Prior Approval — 2019; Master Plan/Plat Parcels; and Proposed Site Plan. Angel Pinheiro, Dynamic Engineering, continued the presentation by explaining the drainage plan. Mr. Miller continued the presentation by reviewing the following: Proposed Site Plan (con't); Existing Vegetation — East Property Line; Landscape Plan; Aerial Plan; Floor Plans —Typical; Elevation from Federal; Elevation from Interior; and Recap & Questions. Jae Yun Kim, Planning and Zoning, stated that staff has no additional information to add. She said staff recommends approval of the project with conditions. Public Comment: Susan Oyer said that she sat on the Planning and Development Board when it first came up and it is a nice project. She said that her issue is that the rooftops should be white and not barrel tiles. She said that the tiles take 6 months to replace. She recommended a white metal roof to withstand the elements. Carol Brinley said that the concern is that the higher density would greatly decrease the home values for the current residents. She mentioned that the community will be overrun with traffic, noise, and garbage. 11 Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 Denise DeJenora said that they live on the road and the biggest asset in the area is the community. She stated that the neighbors have learned to be respectful and helpful. She commented that there is a flooding issue on the road and in yards. She said that the developer has no regard for their ongoing issues, and that the developer was unwilling to discuss anything and was brief and evasive in his presentation. She asked the City to help them protect the oldest private street. Jefferson Michaels said that he is in negotiation to build another set of houses in that area. He stated that the density will be a tremendous impact on the neighborhood. He said the street will be clogged with traffic, and that residents do not usually park cars in garages, but on the streets. He noted that there is not enough landscaping. Rob Jagger distributed handouts to the dais. City Attorney Lamb noted that they can be accepted but not as evidence. She said that this is time for Public Comment. Mr. Jagger said that the developer wants to make sure the project fits within the community, but that is not true. He spoke about the meeting with the developer. He stated that there are two bedrooms listed in each unit, but the office space is large and will likely be used for a third bedroom. He mentioned that it impacts the traffic study, number of utilities, and flooding. He commented that it was zoned for 18 units. He expressed concern about the justification statement and said that there was no purpose, and it will have a negative impact on their community. Herman Livel said that he lives on the street, and he asked the developer about renting units and the developer said that he has a right to do what he wants with his properties. He stated that he is not there there to prevent the developer from building, but asked the City Commission to hold him accountable so they have a drivable and livable street. Williams Burns said that he has lived on the private street for 13 years and the residents have had no help from the City when there are issues. He stated that flooding has become progressively worse. He noted that at least three homes are flooded after heavy rain. He said that a City staff member visited the road a few years ago and noted that the City was not responsible for correcting the flooding. He said that the construction will change the character of the street and will create further street flooding. He expressed concern that they will not be able to access their houses during the flooding. He stated that the developer said that he could do whatever he wants with his property. He asked the City Commission to reject the Major Master Plan Modification. 12 Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 Todd Bertosi said that he has been a Lakeside resident for 29 years, and as development has increased, flooding has also increased. He asked about the flood plain administrator, and if they reviewed geotechnical engineering reports. He noted that if it rains for more than an hour, flashing flooding occurs. He said that the ex-filtration will not function as intended in a flood plain. He mentioned that the occupancy is a potential 500% increase on the street since rezoning, and asked about the protection for existing homeowners. Jen Jagger described the recent meeting between residents and the developer. She said that the developer did not answer the question about the number of bedrooms in the units because he is planning on marketing them as three-bedroom and not two-bedrooms. She said the application submitted to the City is a misrepresentation and all data should be called into question. She said that the City Commission has the ability to vote in the best interest of the community. She said that they have reason to doubt. She asked them to vote their conscience without fear. Clay Holzhouser said that he is deeply concerned, as a downstream property owner of potential flooding, if Harbor Cay does not retain its own water on its property. He stated that that the ex-filtration system engineering does not account of the national flood plain. He all the water will flow down Lakeside Harbor. He noted that the justification statement does not indicate an imminent need. Mark Karageorge said that his first year working for the City, this area was in his zone. He stated that flooding is an understatement in this area, and that flooding happens on the street and in some residents' backyards. He mentioned that the City never addressed the issue, even if it was a private road. He commented that he does not object to the new development, since they have a drainage plan, but he would like to see the City take care of the residents. He reiterated that the flooding is bad and it lasts 2-3 days. He asked the City to address the drainage issue on the street. There were no virtual comments. Mayor Penserga closed public comments. Ms. Kim said that the condition of approval is to meet parking requirement. He stated that the project requires four guest spaces, but eight guest parking spaces will be provided by the developer. She also noted that the office must remain as an office, or they will be in violation of parking requirements. She commented that 28 units are permitted on site and the project proposed 25 units. Mr. Miller stated that a professional engineering testified about the drainage plan and flooding, and that he agreed that the flooding problem has been around a long time. He said that the neighbors deserve to have it fixed, and that they are willing to agree to a 13 Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 condition of approval about the den remaining a den. He said that the density has been established in the area for 17 years. He mentioned that the Live Local act. He mentioned that the roof is white and the barrel tile is only an accent feature. Mr. Pinheiro explained that they are required to adhere to design requirements by FDOT, Florida Water Management, and City staff. He said that it is illegal for them to make the drainage worse. He said the design guidelines are pretty strict. Matthew Scott, attorney on behalf of the applicant, said that there is an existing easement that has been on the properties for decades. He stated that it is the obligation of the homeowners. He noted that their project will improve the drainage. He explained the rezoning of the area and said that the City staff area recommended approval. Mayor Penserga said that the main focus seems to be the flooding. He expressed concern about the drainage, and asked staff about conceptual drainage information. He stated that he also needs evidence that the flooding will not be worse. Shiloh Toler, Public Works Engineer, said that the plans are conceptual in nature. She said that another review will be done during permit review, to ensure it is meeting all code and requirements. Mayor Penserga asked what they would do if they determined down the road that the situation will be made worse for the neighbors. Ms. Toler said that no permit will be issued until they provide all evidence that the project is meeting all requirements, including no adverse consequences to the neighbors. She stated that they will continue to monitor any changes during final development. Amanda Radigan, Planning and Zoning, said that all plans at this stage are conceptual, not only drainage. Ms. Toler said that the criteria that is important to consider for this project is a 25 year 3- day storm event. She further explained the criteria. Mayor Penserga asked Mr. Pinheiro to explain how the project will not make the flooding worse for the neighbors. Mr. Pinheiro said that the property currently sits higher on the west side than the east side, where the single-family homes are located, and that rainfall currently flows from high to low. He stated that they are required to put a perimeter and the water is self-contained on the property. He explained that the average rainfall of a hurricane event, and said that 14 Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 there is a 4% chance of the storm event happening in any given year. He reiterated that they would not receive a permit if they impacted the neighbors. Mayor Penserga expressed concern about the flooding during the construction process. Mr. Pinheiro said that the contractor would be responsible for erosion control during construction. Commissioner Cruz said that she understands the project meets code. She asked if there are additional regulations that make FEMA flood zones have different requirements. Ms. Toler responded that there are no additional requirements. John Kuntzman, Building Official, was sworn in. Commissioner Cruz reiterated her question. Mr. Kuntzman said that the Florida Building Code required in Chapter 16 needs to meet the base foot elevation, plus one foot. He stated that part of the proposed project is located in the special flood hazard area, and under the current mapping, the minimum finished floor has to be seven feet. Commissioner Cruz said that she spoke with several engineers and feels terrible for the neighborhood. She noted that the property owners are each responsible for a part of the road. She stated that the only thing that could be done, theoretically, is to make the road a City road and the City would need to undertake improvements, which could cost up to $1.5M. She said that staff confirmed the proposed project meets code. Ms. Radigan added that a dedication would have to come from both sides of the road, which would be approximately 20-22 feet of the front yard from each side of the property. Commissioner Cruz asked how many gallons of water that they would be referring to with a 25-year storm. She asked if the future underground water system in the proposed project would absorb more water than is currently being absorbed by the ground. Mr. Pinheiro said that all the 25-year storm points to is a rainfall event, which is approximately 14 inches. He said that they do not use gallons to measure, but acre foot. He explained the generated runoff and grading. Commissioner Cruz asked how many gallons the ex-filtration trench accepts. Mr. Pinheiro further explained the ex-filtration system and volume. 15 Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 Discussion ensued about the ex-filtration system. Mayor Penserga asked if the system impacts the way the neighbor's drain their water. Ms. Radigan said that from her understanding, no. Mr. Pinheiro said that they account for the water table. Commissioner Hay asked how big the private road is. Mr. Miller said that the pavement is irregular, but approximately 18-20 feet. He stated that they need to widen it to 25 feet in their development, to meet code. Commissioner Hay asked if the water would drain west and not east. Mr. Miller responded that is correct. He stated that currently, the ground is graded towards the residential area, but after the development, the east will be graded to be higher than the center of the site. Commissioner Hay said that his heart is with the residents, but his job is to make the best assessment based on the information provided and staff recommendation. He stated that he would like to see some collaboration between the residents and developer to try to resolve the flooding issue. He asked about the options if the flooding situation gets worse. Commissioner Kelley stated that it is hard when there is a disconnect or the situation is not positive. She said that the developer will need to work with the neighbors and that she wished that the community meeting had gone differently. She asked staff to look into what they can do legally to help the situation. She inquired what would happen if the units were rentals. Mr. Miller said that there are legalities to the condo ownership versus rentals. He acknowledged the flooding issue and said that the water will no longer go down that road any longer once the property is developed. He stated that they still need to get through three permitting agencies and that the City staff will not sign off until Mr. Pinheiro secures the South Water Florida Water Management and DOT permits. Mayor Penserga echoed Commissioner Kelley's sentiments about the residents. He said that this is about the flooding and they are not asking the developer to fix everyone's problem. He requested two additional conditions of approval: one, that the den remains a den and not a bedroom, which he heard the applicant already agree to that condition; and two, is that the subject property must provide a drainage system to contain and 16 Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 maintain storm surface and ground water occurring on site. He said that the drainage system must be designed to prevent any adverse impacts to neighboring properties. Ms. Radigan suggested that the condition about the dens should be expanded to be included in the condo docs., should this go ownership. There was consensus from the Commission to add the two conditions. Motion: Commissioner Cruz moved to approve Major Master Plan Modification (MPMD 23-001) and Major Site Plan Modification (MSPM 23-002), as amended with two additional conditions. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed 4-1 with Vice Mayor Turkin dissenting. The City Commission recessed for 10 minutes. 9. City Manager's Report- None 10. Unfinished Business A. Proposed Resolution No. R23-181- A Resolution of the City of Boynton Beach, Florida, approving and authorizing the Mayor to call for an election bond referendum to be held on March 19, 2024, for the purpose of submitting to the electorate a bond referendum regarding the issuance of general obligation bonds by the City of Boynton Beach in an amount not to exceed $25 million for the purpose of the acquisition, construction, rehabilitation, and equipping of new and existing recreation facilities and parks, and in an amount not to exceed $25 million for public safety purposes; providing for publication of notice of said referendum; providing requisite ballot language for submission to the electorate; providing for the City Clerk to utilize the services of Palm Beach County Supervisor of Elections for the election; providing for the adoption of representations; and providing an effective date. Mayor Penserga said that the process in which this Ordinance has arrived in front of the City Commission is not the best process that could have occurred. He stated that, unfortunately, the public was not brought into the process early enough. He commented that his intention is stop this since it needs to be done right, and that public input must be done early and often. He asked for a motion to table the item. Motion: 17 Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 Vice Mayor Turkin moved to table the item. Commissioner Hay seconded the motion. Commissioner Kelley said that they have an established CIP and she wants to see the big-ticket items added to the CIP and to reprioritize the entire CIP list. She stated that the CIP should have been the basis for the bond. She mentioned that the CIP should be prioritized, so they can make an educated decision about funding. Mayor Penserga agreed with Commissioner Kelley and said that much more discussion is needed. Commissioner Cruz said that she asked for an infrastructure inventory back in July. Commissioner Kelley said that they cannot even evaluate on any bond without knowing the true needs of the City. Mayor Penserga noted that they have not even discussed the bond process or citizen oversight. He said that he asked for a City Auditor position and that needs to come first. Vice Mayor Turkin said that this needs to start with the public first. He stated that Fire Station 3 is a necessity. He mentioned that it is not financial responsible to move forward with this. He acknowledged that staff is trying to be proactive, and he appreciates their work and intention. Public Comments: Harry Woodworth said that the last 15 minutes have been the best City Commission meeting he ever attended. Susan Oyer said that if it moves forward that they need public input. She recommended breaking them into separate bonds. She stated that bonds are meant for big things. She asked them not to hire a City Auditor. She recommended bringing back a Finance Committee. Mayor Penserga said they are the only major City who does not have an independent Auditor. There was one virtual comment. Kristen Roberts thanked the City Commission for their decision. She said Commissioner Kelley did her homework and agreed that the CIP needs to be looked at and planned for. 18 Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 Mayor Penserga closed public comments. City Attorney Lamb recommended a motion to postpone and not table the item. Motion: Vice Mayor Turkin moved to postpone the item. Commissioner Hay seconded the motion. The motion passed unanimously. 11. New Business A. Workforce Housing Waiver Mayor Penserga requested an update on the workforce housing waiver. Ms. Radigan stated that there is a waiver process built into the workforce housing program. She noted that "payment in lieu of" does not qualify for this. She said that there is a discrepancy in the actual process section of the code. She noted that staff can create a process and strengthen the language if it is the will of the Commission. Vice Mayor Turkin said that he knows other municipalities have waivers to bridge the workforce housing. Ms. Radigan said that they could create criteria or outline the portions of the code that are applicable for a waiver. 12. Legal A. Proposed Ordinance No. 23-022- First Reading and Public Hearing- An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending the Land Development Regulations ("LDRS") Chapter 2, Land Development Process; Article VI "Impact And Selected Fees" to amend Section 2 to adopt a Comprehensive Impact Fee Schedule for Police facilities; adopting an impact fee study for Police facilities; amending Section 9 to create an impact fee schedule for Police facilities; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. Deputy City Clerk Stanzione read the Ordinance into the record. Amanda Radigan, Planning and Zoning Director, introduced the item. Sean O'Casio, Raftelis Financial Consultants, provided a presentation on the following: 19 Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 Purpose and Background; Legal Considerations; Impact Fee Criteria; Fee Calculation Methodology; Functional Population; City Service Area Forecast; Levels of Service; Existing and Future Investment; Proposed Police Impact Fees; Police Impact Fee Comparison — Single Family; and Recommendations. Commissioner Kelley asked if there was a way to stagger implementation. Ms. Radigan said that they did discuss staggering implementation for the Park Impact Fees, but this is a new fee. She said that staff does not recommend a phased implementation for these fees. Commissioner Hay asked if City data was used to project future growth. Ms. Radigan said that the population counts are based on the census data. Commissioner Hay asked what it costs for a single-family home on an annual basis. Ms. Radigan said that it is an impact fee, so it is not reoccurring. She stated that it is paid at the time of permitting by the developer. She clarified that they are not like the Fire Assessment Fee. Vice Mayor Turkin thanked staff for putting this forward. He noted that this is a huge opportunity to be proactive with Public Safety. He acknowledged the increase in Police staffing. He asked if there is a way to lower the fee and create an incentive if the building is done sooner. Ms. Radigan reiterated that once a fee is established there are parameters about a phased implementation. Commissioner Cruz supports the item. Motion: Vice Mayor Turkin moved to approve Ordinance No. 23-022. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. B. Proposed Ordinance No. 23-023- First Reading and Public Hearing - An Ordinance of the City Commission of the City of Boynton Beach, Florida, approving the Boynton Beach Administrative Amendments to the 8th Edition (2023) of the Florida Building Code; providing for conflicts, severability, codification, and an effective date. 20 Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 Deputy City Clerk Stanzione read Ordinance No. 23-023 into the record. Mr. Kuntzman introduced the item. He spoke about state statute. He said there will be no changes to Chapter 1. He reviewed the following changes: BBA to FBC 102.2.5; BBA to FBC 102.6; BBA to FBC 104.11; BBA to FBC 105.3; BBA to FBC 105.3.1.2 (4); BBA to FBC 107.3.5; BBA to FBC 107.6 Affidavits; BBA to FBC 107.6.2; BBA to FBC 110.1.2; and BBA to FBC 110.2. Commissioner Kelley asked if this is for new construction only. Mr. Kuntzman said that this is for Chapter 1, which is administrative. Commissioner Kelley asked how they govern smoke and carbon and monoxide detectors and when it would be applicable for existing homeowners. Mr. Kuntzman said that it would become applicable when someone comes in for a permit and the scope of work triggers the requirement. Motion: Commissioner Kelley moved to approve Ordinance No. 23-023. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. C. Proposed Ordinance No. 23-024- First Reading and Public Hearing - An Ordinance of The City of Boynton Beach, Florida, amending the Land Development Regulations Chapter 1, Article II. Definitions, Chapter 3, Article IV, Section 3.D. Use Matrix and Notes, and Chapter 4, Article V. Minimum Off- Street Parking Requirements, to modify and add definitions, use regulations, and parking for commercial kitchen uses, food processing/manufacturing, ghost kitchens, and banquet halls; providing for conflicts, severability, codification and an effective date. Deputy City Clerk Stanzione read Ordinance No. 23-024 into the record. Mr. Meyer was available for questions. There were no questions from the City Commission. Mayor Penserga opened public comment, and there were none. He closed public comment. Motion: 21 Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 Vice Mayor Turkin moved to approve Ordinance No. 23-024. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. D. Proposed Ordinance No. 23-025- First Reading and Public Hearing - An Ordinance of The City of Boynton Beach, Florida amending the Land Development Regulations, Chapter 4, Article V, Section 3. Special Reductions in Required Off-Street Parking, to add "Multi-Tenant Building" to warehouse, wholesale, and distribution; providing for conflicts, severability, codification and an effective date. Deputy City Clerk Stanzione read Ordinance No. 23-025 into the record. There were no questions from the City Commission. Mayor Penserga opened public comment, and thcre were none. He closed public comment. Motion: Vice Mayor Turkin moved to approve Ordinance No. 23-025. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. 13. Future Agenda Items A. Presentation of after-action report for the force main break near Lift Station No. 356 at East Boynton Beach Boulevard. - December 19, 2023 B. Presentation by Utilities Department on project to review existing utility infrastructure, development of risk matrix, and prioritization of repairs and/or replacement projects -December 19, 2023 C. Presentation regarding fleet management, due to the concerns with the auto strike, and the possible reduction in products. - December 19, 2023 D. Provide update on grant funded projects in the Capital Improvement Plan - December 19, 2023 E. Discussion regarding regulations to support local businesses. - January 16, 2024 F. Presentation by staff and discussion regarding annexation options and procedures. - January 16, 2024 22 Meeting Minutes City Commission Meeting Boynton Beach, FL December 5, 2023 G. Discussion regarding existing regional programs and best practices to combat homelessness in the City. - March 19, 2024 H. Discussion regarding the Art Assessment Fee being allocated to infrastructure instead of public art. - TBD I. Discussion regarding combining City properties together to create senior affordable housing. - TBD 14. Adjournment Motion: Vice Mayor Turkin moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 10:28 P.M. 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This can result in street and designed to reward a community for doing more than simply meeting the NFIP minimum yard flooding, which is regarded as nuisance flooding. It can also result in flooding of requirements to reduce flood damages. Once a community has been accepted into the buildings, a consequence that is of particular importance to the City because of its CRS,the community's floodplain management activities are rated according to the scoring impact to the community's residents and businesses. system described in the CRS Coordinator's Manual.CRS communities are rated on a scale In recent years the City of Boynton Beach has experienced the following major flood of 1-10;Class 10 is the lowest and Class 1 is the highest.A Class 10 community receives events registering at least 8 inches of rainfall no reduction in flood insurance premiums; each class above Class 10 receives an Hurricane Frances September 4, 2004 10.36 in, additional 5%premium cost reduction over the previous class for properties located within • • Hurricane Jeanne September 25, 2004 10.22 in. special flood hazard areas.Class 1 requires the most credit points and provides the highest premium reduction of 45%. • Rain Event June 5, 2005 8 in. • Rain Event December 14, 2006 8.21 in. Communities can improve their CRS ratings by performing activities such as: reducing • Rain Event October 28-29, 2011 6-9 in. flood damage to existing buildings, managing development in areas not shown in the • Tropical Storm Isaac August 26, 2012 12 in. floodplain on the FIRMs, protecting new buildings from floods greater than the 100-year • Rain Event December 11-12, 2012 6-10 in. flood, maintaining and improving stormwater drainage infrastructure, helping insurance • Rain Event January 9-10,2014 20 in. agents obtain flood data, and encouraging people to obtain flood insurance. The reward • Tropical Storm Philippe October 28-29, 2017 4-8 in. for these activities comes in the form of reduced premiums for flood insurance policy holders. In response to the challenge of the flood hazard, the City has established a proactive In October 1991,the City of Boynton Beach qualified for the CRS Program. There are approach, which includes stormwater planning, floodplain management planning, currently 7,386 flood insurance policies in place in the City,with over$2.6 million paid in establishment of higher regulatory standards, implementation of an aggressive premiums annually. The average policy cost is$354. To keep the CRS discounts,the City stormwater capital improvement program and implementation of sustainable development standards must continue to implement its CRS program and provide status reports to the NFIP each year. The City of Boynton Beach is currently rated as Class 6 in the CRS program,earning 1.1 National Flood Insurance Program(NFIP) its residents and businesses within its special flood hazard areas a 20% premium reduction. Each year participation in the CRS program earns an average discount of$53 Historically the private insurance industry was reluctant to insure properties against per policy and a total community discount of$388,766. flood losses due to the financial risk that would be required. Beginning in 1968 the 3 Repetitive Loss Propertie federal government made flood insurance available through the National Flood Insurance Program(NFIP).The NFIP is based on a cooperative agreement between the The NFIP considers a property a Repetitive Loss Property if two or more flood insurance Federal Emergency Management Agency(FEMA)and local units of government. FEMA claims of more than $1,000 have been paid within any 10-year period since 1978, now underwrites flood insurance policies within communities. Local governments are Currently, repetitive loss properties nationwide account for 15-20 percent of all flood tasked to regulate development in the floodplain. Participation in the NFIP is voluntary. losses,however,they comprise only 1.3 percent of all flood insurance policies.The NFIP Communities have incentive to join because federally backed flood insurance is not available in non-participating communities and a non-participating community will not has paid over$9 billion in claims to properties classified as repetitive loss properties. By focusing specifically on mitigation of flooding in areas where there are repetitive loss receive Federal aid for damage to insurable buildings in the flood hazard areas. properties,a community can make strides to significantly reduce the detrimental impacts of flooding. City of Boynton Beach Repetitive Loss Area Analysis City of Boynton Beach Repetitive Loss Area Analysis September 2019 September 2019 Page 6 Page 7 City of Boynton Beach Repetitive Loss Area Analysis City of Boynton Beach Repetitive Loss Area Analysis According to FEMA's most recent records,dated May 31, 2018,there are 12 Repetitive 1.5 Repetitive Loss Area(RLA) Loss Properties within the City of Boynton Beach. A Repetitive Loss Area(RLA)consists of Repetitive Loss Properties and the surrounding 1.4 Repetitive Loss Categories properties that experience the same or similar flooding conditions, whether or not the buildings on those surrounding properties have been damaged by flooding. CRS identifies the following three categories of repetitive loss communities based on the number of properties on the updated FEMA Repetitive Loss list: Based on the 5/31/2018 AW-501 worksheets, there are 12 unmitigated repetitive loss (1) Category A: A community that has no repetitive loss properties, or whose properties and 6 mitigated repetitive loss properties.A total of 6 Repetitive Loss Areas repetitive loss properties all have been mitigated. A Category A community has (RLAs)were initially identified.The areas were based on the following: no special requirements except to submit information needed to update its repetitive loss list. (1)Identified properties within a reasonable radius of the repetitive loss properties. (2) Category B: A community with at least one, but fewer than 50, repetitive loss This identification was based on an analysis using parcel data and building properties that have not been mitigated. At each verification visit, a Category B footprints; community must complete the following activities: (2)Evaluation of topographical lows and other factors that may have contributed to (a) Prepare a map of the repetitive loss area(s), the flooding of the repetitive loss properties; (b) Review and describe the causes of the repetitive loss, (3)Neighboring historical loss properties; (c) Prepare a list of the addresses of all improved properties in the identified repetitive loss areas,and (4)Connectivity of adjacent properties with associated repetitive loss properties,e.g. (d) Undertake an annual outreach project to those addresses. A copy of the not separated by a topographic ridge. outreach project is submitted with each year's recertification. From this analysis conducted in January 2019, 149 properties were included in the 6 (3) Category C: A community with 50 or more repetitive loss properties that have not RLAs.Following the initial determination,site visits were conducted to investigate each of been mitigated.A Category C community must these areas and examine the surrounding land and building characteristics. The individuals conducting the site visits included a stormwater supervisor and a CRS (a) Complete Category B Activies AND consultant. During the site visits, some of the property owners, managers, and renters were interviewed concerning their experience with flooding. This exercise proved (b) Prepare a floodplain management plan or area analyses for its repetitive loss informative and beneficial,resulting in revisions that more appropriately defined the RLAs. area(s). The plan and area analysis requirements are explained in Activity 510 (Floodplain Management Planning)in the CRS Coordinator's Manual. Following the first site visit,the CRS consultant revisited all the areas,gathered data for each building within the areas, interviewed additional homeowners and determined a The total of 12 repetitive loss properties categorizes the City of Boynton Beach as a more precise and appropriate delineation of the RLA boundaries.It was determined that Category B community. The City has developed a floodplain management, or flood site data supported the establishment of 9, rather than 6 RLAs. The final number of mitigation, plan which further addresses the City's flood hazards. In an effort to address properties in the these RLAs was 48. The primary reason for the increase in RLAs from the City's flood hazard,the City determined the benefit of specific focus upon those areas 6 to 9 was that two of the original RLAs covered large areas that were subject to very of the community that have been most impacted by flooding,as shown by their historical different flooding issues. One of those original areas was changed to incorporated three flood insurance claims. These areas are known as Repetitive Loss Areas(RLAs). separate RLAs,each with its distinctive issues. The second original RLA was changed to incorporate two separate RLAs,each with its distinctive issues. The limits of the 9 RLAs was based upon an evaluation of the historic claims data and the determinations made from the onsite visits. City of Boynton Beach Repetitive Loss Area Analysis City of Boynton Beach Repetitive Loss Area Analysis September 2019 September 2019 Page 8 Page 9 City of Boynton Beach Repetitive Loss Area Analysis City of Boynton Beach Repetitive Loss Area Analysis Figure 1 shows the 9 RLAs in Boynton Beach. For reporting purposes, the 9 Repetitive - - Loss Areas were grouped into two General Areas based on such characteristics as topography,geography and flooding source. The two General Areas are: _ Z6 0 Area 1: Easter /Coastal G Area 2: Western • Area 1 is especially impacted by current and projected levels of sea level rise. 1. I 1 2 Some of the RLAs are located in private communities in which stormwater management is - 'yr• 3 the responsibility of the local community, rather than the City. For these RLAs, there are __ limited options for the City to mitigate flooding. • _ Detailed maps of each area are included in this analysis. Figure 2 provides an overview 0.0., .:: _ . ...► map of the two General Areas and the Repetitive Loss Areas included in each General 0 Area. 1E. . . ,` b awe- , (Zi.)tty , 0) ., ,,,..., _ , ,. ,.. .._. n .. ..• 4 City of Boynton BeachGeneral Repetitive Loss Areas Legend ,- t i _I Bo,,,Box h Cory Bwndxy ' 0 0.5 I Miles Figure 2:General Repetitive Loss Areas City of Boynton Beach Repetitive Loss Area Analysis City of Boynton Beach Repetitive Loss Area Analysis September 2019 September 2019 Page 10 Page 11 City of Boynton Beach Repetitive Loss Area Analysis City of Boynton Beach Repetitive Loss Area Analysis 1.6 Repetitive Loss Area Analysis(RLAA) Following the completion of the five steps of the RLAA process the report must be submitted to the community's governing body for adoption. Thereafter the community must prepare Having made an initial determination of the repetitive loss areas,the next required activity an annual progress report for its area analysis by May 1 and update its repetitive loss area is to develop a detailed analysis of these repetitive loss areas to gain a comprehensive analyses in time for each CRS cycle verification visit. understanding of the specific flood conditions. This repetitive loss area analysis is also intended to identify alternative remedies and to provide specific recommendations for flood 2. City of Boynton Beach RLAA Process mitigation. STEP 1: Advise All Property Owners The following repetitive loss area analysis is a detailed mitigation plan for repetitive loss The City of Boynton Beach undertook its Repetitive Loss Area Analysis in 2018 and 2019. areas. It provides more specific guidance on how to reduce damage from repetitive A letter of advisement was sent to all residents and businesses within the identified flooding. repetitive loss areas on December 19, 2018. A copy of this letter and the properties to which it was sent is included in Exhibit 1. 1.7 Repetitive Loss Area Analysis(RLAA) Process Several property owners responded to the letter;their comments were recorded and their CRS credit is dependent upon the community's following an appropriate process. The concerns were taken under consideration. Additionally, while visiting the RLAs, the City process of developing a RLAA consists of the following five steps outlined in the 2017 CRS team was able to speak with several property owners and renters concerning their particular Coordinator's Manual: flood experiences. Step 1 —Advise all the properties in each Repetitive Loss Area(RLA)that the STEP 2: Contact Agencies and Organizations analysis will be conducted and request their input on the hazard and The City sent letters to pertinent agencies and organizations on December 21, 2018. recommended actions. Copies of the letters sent to 37 agencies and organizations are included as Exhibit 2. Step 2—Contact agencies or organization that may have plans or studies that In addition to contacting other agencies,available reports and studies were reviewed and could affect the cause or impacts of the flooding. pertinent information was gleaned through the Flood Mitigation Plan Update that was Step 3—Visit each building in the RLA and collect basic data. concurrently being developed. Step 4—Review alternative approaches and determine whether any property The following resources proved particularly beneficial: protection measures or drainage improvements are feasible.The review must • City of Boynton Beach Flood Mitigation Plan,2013 look at all of the property protection measures that are appropriate for the types • City of Boynton Beach Flood Mitigation Plan Update,2019 of buildings affected, including: preventative activities, property protection • City of Boynton Beach Utilities Department activities,natural resource protection activities,emergency services measures, • Federal Emergency Management Agency/ISO, City of Boynton Beach, FL, structural projects,and public information activities. Repetitive Loss Data,May 31,2018 Step 5 — Document the findings in a report. The report should include: a • Federal Emergency Management Agency, National Flood Insurance Program, summary of the process that was followed and how property owners were Community Rating System CRS Coordinator's Manual.FIA-15/2017. Section involved in the process;a problem statement with a map of the affected area; 510. a list or table showing basic information for each building in the affected area; • The Federal Emergency Management Agency's Flood Insurance Study for Palm the alternative approaches that were reviewed; and a list of action items Beach County,2017. identifying the responsible party,when the action should be completed, and how it will be funded. STEP 3: Building Data Collection One of the City's Stormwater Division staff member and the City's CRS consultant visited all 9(nine)repetitive loss areas on January 30,2019. On this site visit,the City described City of Boynton Beach Repetitive Loss Area Analysis City of Boynton Beach Repetitive Loss Area Analysis September 2019 September 2019 Page 12 Page 13 City of Boynton Beach Repetitive Loss Area Analysis City of Boynton Beach Repetitive Loss Area Analysis the known history of flooding in each area and mitigation projects either previously 3. Natural Resource Protection activities preserve or restore natural areas or the completed or planned. Additionally, the flooding causes were analyzed, solutions were natural functions of floodplain and watershed areas.They are implemented by a variety of discussed, and property owners or renters were interviewed. Subsequently, the CRS agencies,primarily parks,recreation,or conservation agencies or organizations. consultant returned, took photographs of each building and gathered additional building 4. Emergency Services measures are taken during an emergency to minimize its data,including the following information: impact. These measures are usually the responsibility of city or county emergency • Address management staff and the owners or operators of major or critical facilities. • Structure type 5. Structural Projects keep flood waters away from an area with a levee,reservoir,or • Structure condition other flood control measure. They are usually designed by engineers and managed or • Existing mitigation maintained by public works staff. • Foundation type • Foundation condition 6. Public Information activities advise property owners, potential property owners, Number of stories and visitors about the hazards,ways to protect people and property from the hazards,and •• Height above street grade the natural and beneficial functions of local floodplains.They are usually implemented by a • Height above site grade public information office. • HVAC unit or other electrical equipment The City took all six of these categories of floodplain management activities into • Drainage patterns around building consideration for both of its General Repetitive Loss Areas. • Additional structures Property protection by homeowners can be undertaken in a variety of ways. Different • Roadside drainage/swale measures are appropriate for different flood hazards,building types and building conditions. • Additional notes as deemed appropriate The 2013 CRS Coordinator's Manual lists the following typical property protection measures. The building data collected is available as Appendix A. In order to comply with the Privacy • Demolish the building or relocate it out of harm's way. Act of 1974(5 U.S.C.522a),however,this information will not be shared with the general • Elevate the building above the flood level. public. Photos of some of the typical buildings in each RLA are included in this report. • Elevate damage-prone components,such as the furnace or air conditioning unit. Additional photos are available upon request. • Dry flood proof portions of the building so water won't cause damage. • Construct a berm or redirect drainage away for the building. STEP 4: Review Alternative Mitigation Approaches • Maintain nearby streams,ditches,and storm drains so debris does not obstruct Many types of flood hazard mitigation strategies exist. There is not one mitigation measure them. that fits every case. Nor is there even one strategy that fits most cases. Successful • Correct sewer backup problems. mitigation often requires multiple strategies.The 2017 CRS Coordinator's Manual lists the following primary types of mitigation as follows under Categories of Floodplain Grant funding for property protection and flood mitigation is available for both Management Activities(FEMA FIA-15,2017): communities and property owners. Following is a partial listing of available grants: FEMA Grants 1. Preventive activities keep flood problems from getting worse. The use and • Flood Mitigation Assistance Grant development of flood-prone areas is limited through planning, land acquisition, or • Hazard Mitigation Grant regulation. They are usually administered by building, zoning, planning, and/or code • Pre-Disaster Mitigation Grant enforcement offices. • Repetitive Flood Claims Grant 2. Property Protection activities are usually undertaken by property owners on a building-by-building or parcel basis. City of Boynton Beach Repetitive Loss Area Analysis City of Boynton Beach Repetitive Loss Area Analysis September 2019 September 2019 Page 14 Page 15 City of Boynton Beach Repetitive Loss Area Analysis City of Boynton Beach Repetitive Loss Area Analysis Other Grants 2.1 City of Boynton Beach RLAA—General Area 1: Eastern/Coastal • US Economic Development Administration(EDA)Public Works!Infrastructure Grant (Infrastructure/Stormwater Improvements) • Five Star/Urban Waters Restoration(Stormwater Improvement/Flood Reduction) Problem Statement • Coastal Partnership Initiative(Intercostal Waterway related) General Area 1 is located between the Southern Lake Worth Lagoon (Intracoastal • Community Budget Issue Request(Florida Legislature direct application for water- Waterway) on the east and Interstate 95 on the west. Tidal flow and tidal flooding, related projects) particularly in the area along the eastern boundary, significantly impact the stormwater drainage and must be considered when determining mitigation solutions. The growing While the first three steps of the RLAA process are basically identical for all repetitive loss concern of sea level rise poses an increasing problem for this general area. The proximity areas,the review of alternative mitigation approaches varies somewhat in accordance with to a large body of water near the Atlantic Ocean and across the Boynton Inlet also makes the specific conditions that are encountered in each RLA. Accordingly,the implementation the area more susceptible to storm surges.Many of the buildings in this area are older and of this step begins with a problem statement for each general area,followed by a discussion were built under ordinances that were less focused on flood mitigation than the current of alternative mitigation approaches and a recommendation of action items to be regulations.As newer development has taken place over the past few decades,the newer implemented. buildings and properties are more elevated than the older structures. An exceptionally high STEP 5: Documentation of Findings number of intense rainfall events over the past two decades, as compared with previous decades,increased the number of flood insurance claims. Step 5 entails a description of the Repetitive Loss Areas, an analysis of the alternative General Area 1 (Eastern/Coastal)is composed of 3 Repetitive Loss Areas with 4 Repetitive mitigation measures considered for each area, and a determination of the actions Loss properties. recommended for each area. This analysis for both General Repetitive Loss Areas is included in the remainder of this report. Repetitive Community Number of Number of Total Roa Loss Area Characteristics RL Additional Number of Names Properties Properties* Properties i RL Area 1 Private condo 1 3 4 North • with private Federal roadway Highway 2 Residential 2 4 6 Lake Drive community with Potter City maintained Road roadway 3 Both private 1 5 6 Lakeside and public Harbor residential Las communities Palmas Park(City maintained road) *Potential properties due to proximity Table 1: General Repetitive Loss Area 1 —Eastern/Coastal City of Boynton Beach Repetitive Loss Area Analysis City of Boynton Beach Repetitive Loss Area Analysis September 2019 September 2019 Page 16 Page 17 City of Boynton Beach Repetitive Loss Area Analysis City of Boynton Beach Repetitive Loss Area Analysis 4. (a, RLA 1 Typical buildings lih .. :. 1 . .it - Y. Flkirbir, IS, r wAA t ._._..__ z ! i ♦a. x' - • f it • _ , _ ...... S ill ' , .:..... ...... ...._....... 4 ,.,,4,1) , A I terra - .. 1Fr +r ,,• i ., .11.-._._ ,„3.411.4......i.....? zils F L ti- 6 3 • wig s. ... 4 , . Om.ici na • r owo Mt iA -,f i . .44,11 _ r :, it . • City of Boynton Beach v Repetitive Loss Area 1 ,, - Legend a r Eastem/Coastal !' ', '-A. , • R, 0 100 200 300 400 500 500 Feet ie;► ,, • Figure 3• Repetitive Loss Area 1-Private condominium with private roadway . City of Boynton Beach Repetitive Loss Area Analysis City of Boynton Beach Repetitive Loss Area Analysis September 2019 September 2019 Page 18 Page 19 City of Boynton Beach Repetitive Loss Area Analysis City of Boynton Beach Repetitive Loss Area Analysis ;- Typical { RLA2 buildings l y U at Nao. E igt "164. iiii ,.,- . • •,.. i." i , 0 ii ii; • r lice _ � .. ... �.... t it 3i O • . .; It - • ►4010%, - E -tom• 4010%,' • y�yy�� ♦w y Nit . 2 'r1' __I.. City of Boynton Beach _ N Repetitive Loss Area 2 - . - Legend w All&E Eastern/Coastal 1 - s o 100 200 300 Nt' Ins inne Feet Figure 4: Repetitive Loss Area 2-Residential community with City maintained roadway City of Boynton Beach Repetitive Loss Area Analysis City of Boynton Beach Repetitive Loss Area Analysis September 2019 September 2019 Poge 20 Page 21 City of Boynton Beach Repetitive Loss Area Analysis City of Boynton Beach Repetitive Loss Area Analysis • RLA 3, Typical buildings:.. PIP5Sod . _ .,_.. . 7,A .. 41111111111111P* - . . Or" ,P)C114°. 1, . 11;%\r. ' ".‘ .4 gel , rant eillr . ... Iti. I A '414 Las Pal`Pwk 2• f *,� ilp be s ..*Zr: • .� 7tt" ..,,,,,, .,,,,,, — City of Boynton Beach N Repetitive Loss Area 3 Legend �1/ E Eastern/Coastal A - • 0 100 200 300 """ -- -. v S „.,...,..- ..:,"1114 w " N Minn=Feet . Figure 5:Repetitive Loss Area 3—Residential community with both private and public , roadways: Lakeside Harbor—private;Las Palmas Park—public - City of Boynton Beach Repetitive Loss Area Analysis City of Boynton Beach Repetitive Loss Area Analysis September 2019 September 2019 Page 12 Page 13 City of Boynton Beach Repetitive Loss Area Analysis City of Boynton Beach Repetitive Loss Area Analysis Potential Mitigation Measures for General Area 1: Eastern/Coastal 7. Drainage improvements. Mitigation measures under consideration for General Area 1 should include both structural Implementation of drainage improvements, such as installing larger pipes or additional and nonstructural solutions. catch basins to receive more stormwater,can effectively reduce flooding. Structural Alternatives: The homeowner is encouraged to consider each of the structural alternatives listed above Following is a listing and brief description of the primary methods of structural and pursue them as deemed appropriate. FEMA grants may be available for some of these alternatives. In addition to homeowner-initiated structural solutions, there are possible property protection' structural solutions the City could undertake within City rights-of-way that may provide 1. Demolition/Relocation. additional flood mitigation,such as local drainage improvement projects. The only way to absolutely ensure a structure will not accumulate additional losses Nonstructural Alternatives: from future flood events is to demolish the structure completely. A second effective option could be to relocate the structure to an area that is not flood prone. Nonstructural alternatives often provide flood mitigation indirectly. Their impact may be as 2. Elevation significant as structural alternatives, but that impact may not be as immediately realized or as dramatic as structural solutions. Following are examples of effective nonstructural Whenever the floor of a home is below FEMA's 100-year flood elevation, physically mitigation alternatives. elevating the structure is often recommended as it is one of the most effective means 1. Promote the purchase of flood insurance. to prevent flood damage. On a smaller scale,elevating crucial items such as furnaces, 2. Improve the City's floodplain and zoning ordinances. water heaters, air conditioning units and other electrical components can also be effective means of flood mitigation. Improve the City's floodplain mapping,and stormwater master planning. 4. Provide enhanced public education concerning the flood hazard and flood mitigation 3. Dry flood-proofing alternatives.This can take place through such means as distributing flyers, utilization of social media and City websites,and neighborhood meetings. Dry flood-proofing consists of completely sealing around the exterior of the building so that water cannot enter the building 5. Elevate damage-prone components,such as the furnace or air conditioning unit. 4. Wet flood proofing 6. Coordinate with the Palm Beach County Division of Emergency Management and the National Weather Service(NWS)to enhance flood warning system. Wet floodproofing consists of modifying uninhabited portions of a home,such as a crawl 7. Increase open space designation. space,garage,or unfinished basement with flood-damage resistant materials,to allow floodwaters to enter the structure without causing damage. General Area 1 is especially impacted by the growing heights of seasonal and King Tides. Several alternatives can continue to be implemented to mitigate the effects of King Tides and 5. Direct drainage away from the building high tides, including the following: In some cases,there are improvements the property owner can make on-site such as • Continuing installation of tidal check valves and raising sea walls directing shallow floodwater away from a flood-prone structure. Building strategically • Enhancing educational program to inform and encourage private communities to located berms or retention ponds are examples or such mitigation measures. maintain their drainage systems 6. Drainage maintenance. • Maintenance of public outfalls Removing leaves and other debris from the top of a stormwater catch basin is a simple • Coastal Resilience programming yet effective means of mitigating flooding. A brief listing of potential mitigation activities specific to the RLAs in General Area 1 follows: City of Boynton Beach Repetitive Loss Area Analysis City of Boynton Beach Repetitive Loss Area Analysis September 2019 September 2019 Page 24 Page 25 City of Boynton Beach Repetitive Loss Area Analysis City of Boynton Beach Repetitive Loss Area Analysis RLA 1: This RLA,located in a private gated condo,is unique because it is comprised of Funding: Both projects are dependent upon grant funding. The City's project is in new buildings. An investigation of the properties in RLA 1 did not indicate problematic the design phase,which is funded. features nor suggest clear mitigation alternatives. Furthermore, only one of the four properties in this RLA has reportedly been impacted by flooding, as indicated by flood Timing: It is anticipated that both projects could be implemented within three years. insurance claims. It appears likely that the flooding issue is unique to that building and would best be addressed by the owner of that property. 4111111.41*2. Low Impact Development RLA 2: There are two single-family repetitive loss properties located in this RLA. The For purposes of both flood mitigation and water quality improvement, it is owner of one property has been pursuing a grant that would allow for demolition of the recommended that low-impact development be promoted and encouraged in General existing home and raising of the property. The City was recently awarded a Hazard Mitigation Grant Program (HMGP)grant for design and construction of capital drainage Area 1. Low Impact Development is a sustainable stormwater management strategy improvements to mitigate flooding for the Lakeside Gardens community. Design of this that distributes stormwater across a project site in order to replenish groundwater project is underway and construction is scheduled for 2021. supplies, rather than sending it into a system of storm drain pipes and channelized RLA 3: This RLA is comprised of one public street and one private gated street. Flood networks. mitigation efforts by the City in this RLA within the last three years have included the installation of deep swales adjacent to the public roadway. Conversations with Responsibility:The City's Department of Development Services will be responsible homeowners in the area have confirmed that the swale installation has been a successful for this action item. flood mitigation project, as demonstrated by the fact that no serious flooding has been reported since their installation. Houses adjacent to Lakeside Harbor,however,continue Funding: No additional City funding needed;funds are available in City's operations to be subject to flooding. Because these houses are located within a private community, budget. the City's options to assist are limited. Several homeowners have constructed pumping systems which have proven effective for some flooding conditions, but additional mitigation will be necessary to address more serious flooding events. Timing: This will be done consistently as a matter of the development review process. 3. Flood Insurance Promotion General Area 1 Recommendations In 2015, the City began implementation of Activity 370, Flood Insurance Promotion, In light to the increased risk that is encountered by properties located in General Area 1,flood as outlined in the 2013 CRS Coordinator's Manual. The intent has been to prioritize mitigation efforts on the part of property owners is encouraged. The prospect of sea level encouragement of property owners to purchase both content and building flood rise will make flooding in this coastal region particularly concerning in the future. The insurance. This effort continues. Furthermore, the City continues to conduct an following mitigation action items are recommended: annual outreach to all properties in the General Area 1 RLAs. 1. Capital Stormwater Projects Implementation Specific to General Area 1 Responsibility:The City's CRS Coordinator is responsible for this action item. Two projects in particular are recommended to mitigate flooding in RLA 2. These are the grant-funded elevation project for one of the RL properties and the grant-funded Funding: No additional funding needed; funds are available in City's operations stormwater drainage project in the Lakeside Gardens neighborhood, immediately budget. adjacent to RLA 2.The Lakeside Gardens project may be completed by 2022. The elevation project is underway. Timing: Annually. Responsibility: The RL property owner will be responsible for pursuit of the elevation 4. Enhanced Floodplain Standards grant. The Utilities Department is pursuing the HMGP stormwater drainage capital The City is championing the implementation of higher regulatory standards as it works structural improvement grant. together with other communities in the Southeast Florida Regional Climate Change Compact. Currently the City enforces a one-foot freeboard above the FEMA Flood Insurance Rate Map's 100-year flood elevation for finish floor elevation of buildings, City of Boynton Beach Repetitive Loss Area Analysis City of Boynton Beach Repetitive Loss Area Analysis September 2019 September 2019 Page 26 Page 27 City of Boynton Beach Repetitive Loss Area Analysis in accordance with the Florida Building Code. The City approved the sustainable development standards. Responsibility: The City Commission is responsible for increasing regulatory standards. Funding: No additional funding needed; funds are available in City's operations budget. Timing: Ongoing. 5. Public Information Outreach The City established a Program for Public Information in 2015 that has strengthened the City's public information outreach to the community. This activity should continue and grow, in accordance with the guidelines specified in the City's 2015 Program for Public Information Report. One outreach each year is focused exclusively on the Repetitive Loss Areas,following the guidelines required by the CRS program. Responsibility: The CRS Coordinator is responsible for this activity. Funding: No additional funding needed; funds are available in City's operations budget. Timing: Annually. 6. Property Protection Measures Property owners are encouraged to take actions that will protect themselves and their properties from flood damage. This includes such actions as elevating equipment above published flood levels and implementing various measures. The City's Development Services Department provides consultation to homeowners,as may be requested. Responsibility: The City's CRS Coordinator is responsible for distributing public information pertaining to property protection. The City Development Services Department will provide the consultation. Funding: No additional funding needed; funds are available in City's operations budget. Timing: Ongoing. City of Boynton Beach Repetitive Loss Area Analysis September 2019 Page 28 Do Mow Em 'dour Tll 12®enc ? II lei Lewelt lnsci To learn if your property is in a Special Flood Hazard I Sea level rise is caused by two factors related to '±-" 'C I T Y O F�--�-- Area, may be affected by coastal erosion and/or global warming:added water from melting ice tE;OYNTON sea level rise,Is in an area that has been flooded sheets and glaciers,and the expansion of sea water t repeatedly,or contains protected naturally as it warms.In Southeast Florida,sea level is l B E AC II functioning open space,as well as to determine predicted to rise 5-13 inches by 2040 and 16-46 if an Elevation Certificate is on file for the property, inches by 2070(above 2020 levels),resulting call the Boynton Beach Flood Awareness Line at + in the following impacts: "! 561-742-6366 or visit msc.fema.gov/portal. • Increasing coastal flooding. ., a • Increasinginland floodingdue to impaired !r h• - �' ` lltrcI��rse I'll®©mI IImSan�rcc p :. �f.•:. ,. ®SII ® � stormwater infrastructure. ".N,•-:� _ • f -=? � :P. • Decreasing property values and tax base. t % c= '�': .-,; •,. - • Flood insurance is available for your building + ('�.- •; , hs-��r�,=�' . and for the contents.(Renters take note.) • Increasing insurance costs. s' . .--4s"‘ - • ..•''-,' .i,k, `. h::,• • • •♦ /f ay • Every property can flood.Thirty-five percent of Boynton Beach and other cities are considering r , :/ .� r �. //r ,;�nr� ,f, : 1`• I - L 'p* .. . 4 A .\ a-.:4,;./• '., ail all flood Insurance claims In the City of Boynton sea level rise and other climate hazards in current r J. •, • 1 - 4., ; ,t„t., . •• �,. *») �, 4 Beach have been outside the mapped floodplain. and future decisions about infrastructure,land use :K,-`':-. ),:: ' r ".,�:; ••� °.�=%�, „l s: ' • You can't bet on receiving disaster assistance planning,government operations,and public _ : �,f • _ - after a flood.Flood insurance does not have outreach.See results of the recently completed ;.� 4,4,6-r..p,:, ';) ti . • at to be expensive.Check out your options with climate change vulnerability assessment at . • �.,• • • : •yr _ % �.,•,-=s• ,..v,. . • •• t.r � s. . CoastalResiliencePartnership.org. . r: �: your insurance agent. r t- • Visit FloodSmart.gov,call your insurance agent, Find free online tools to visualize the impacts of •• ;=j ,F;:;r: ^�;{ ..z �? �,rr $..• •,r �,_./,• or call the NFP hotline at 1-800-621-3362 for sea level rise and coastal flooding at bit.ly/2lFlood. % _ •: Rfessaoe gama euzyt For more information,visit Boynton-beach.org/flood: b:r�"ti. o" ' r rt�'frst,,;L"" ; " ,''a� a"one-stop"flood information source for residents t Yti'"' g t� , ° a')' °`• t ��(�Ct:f��@`� � I1Ct:Itca^l p •. ,- f•. '!;, . ., k •s �. and business owners. -�. .1;,; .R �`' " '"ro't.. �� r.:+;�; ;,"".1 -9 • .7j; it J 1 '� _ 1 Iffie Pgage e l f©tr �HItiaatrnc amen ;P.,.' � ''r �' _.; � �'rill. • i ,r �k,' ,,. t,t =. Preparing your home and property for a hurricare ?r- `� �, n :r:, p "` 7 _ '� - . { p, could reduce the damage a hurricane causes j 'A. 2 / i '' .'(•, TM `T: _., to your property.Find out more by visiting ?�yrl .-;;_='`�{ ` • '� ,,y I tiir_ I ;f;" , . _ , Ski, J .. -{,. , n �:V .,� , 1,Commissioner, Commissioner• Commissloner1 PrepareBoynton.com. }1. 0.,..:L.1, ��% y 3 r. YZ_, Mayor Vice Mayor y r;, � > ,•, ai`r�'�•- t��",.• � i.�;r,•l _ yya Ty • Angela Woodrow Thomas Aimee 1 % s �'/ 1"tS���" ��_`'t,''f� Penserga Cruz L,Hay Turkth Kepe �g y�j �z.� ,`� ' �t' District I District II District III • • District IV 1 Plr®t sefc LS ia:Olg' Lt fraD8If :s`'feel'/���i `�- t_ ` •P i }' ` L.•Elevate electrical panel boxes,A/C condensing For property owners,their home,and its contents, I units,and other appliances. Shosismaitart Olsanr tge Mips represent their greatest investment. Property •Construct a small floodwall or earthen berm, losses from flooding are not covered under most • Only stormwater is permitted in storm drains standard homeowners'or renters'insurance or redirect drainage,to keep water away from located in streets,right-of-ways,and parking lots. policies.Whether you are an owner or a renter, the building. • Dumping material into our waters or drains we encourage you to consider purchasing flood •Consider"floodproofing"buildings by applying pollutes the waters,clogs storm drains, insurance for your property as you prepare for 4 waterproof sealant as a barrier against water increases flooding in neighborhoods,and future hazards. intrusion. may flood your property, On April 1,2022 the City improved its CRS •There are some inexpensive ways you can protect . Call the Utilities Department at 561-742-6400 classification to a Class 5 in the National Flood your property from flood damage.City staff can Insurance Program(NFIP).This means residents offer property protection advice and/or provide or use the City of Boynton Beach's Mobile App and businesses will receive a 25%CRS discount a site visit. Find out more by calling the Flood to report illegal dumping or potential problems. instead of a 20%discount on their National Flood Awareness line at 561-742-6366. Id.nsurance Insurance Policy premiums.Also,on April 1,the NFIP implemented a new methodology called Risk Find your home's Flood Factor", including • Do not walk through flowing water.Currents can Rating 2.0 that goes into effect when your policy information about past floods, current risks, be deceptive; six inches of moving water can is renewed.Risk Rating 2.0 expanded the CRS and future projections based on peer- make your footing unstable.If you must walk in discount to all policies in the City,not just those in I reviewed research from the world's leading water,use a pole or stick to measure the depth the Special Flood Hazard Areas.However,the rating flood modelers,at riskfactor.com. of the water. system is now more complex—the premiums are based on more factors than in the past and the ea } ��;H®R� ID© • Do not walk or drive through a flooded area.Don't discount may be harder to see.Talk to your I drive around road barriers.Canals or ponds may insurance agent for the details. • DO obtain a construction permit from the City of not be distinguishable from roads. Driving through Boynton Beach.Construction,filling, grading,or flooded streets can also produce a wake that The new methodology incorporates additional flood other projects that could affect the flow of water worsens flooding to buildings along the street. risk data variables to more accurately reflect in a floodplain must have a permit. • Stay away from power lines and electrical wires. a property's individual flood risk,including the frequency and types of flooding,such as storm • • DO call the City of Boynton Beach Building Electrical current can travel through water. surge,coastal erosion,and heavy rainfall, river/canal Division if you are aware of construction taking • Be Prepared.Have an evacuation and shelter overflow—and the distance to a water source along place illegally. route planned before a storm surge evacuation with property characteristics,such as elevation and • Go green-plant grass instead of pouring order is issued.Do not wait until the last minute. the cost to rebuild.Including a property's replace- concrete.Grass allows rain to soak in and filters •You can find your evacuation zone at merit cost value in the new methodology was a the runoff,reducing downstream flooding and PrepareBoynton.com. major component in the delivery of equitable rates. pollution.Visit GoGreenBoynton.com. I i 1 ,,� Y 4TI; The City of Boynton Beach iO. ,. Boynton Beach Utilities 00`:= i' .U, 124 E. Woolbright Road .1.,0-.-c:.1-= `. r' Boynton Beach,Florida 33435 +rp) ;.1-&-,*, - office:(561) 7426400 Website: www.boynton-beadi.org August 8,2023 : PROPERTY LOCATED AT X30 Lakeside Harbor oynton Beach FL33435 D ear resident: 1 Yowl have received this letter because your property is in an area of the City of Boynton Beach 'hat has hail multiple flood insurance claims. For the majority of our community, the primary causes f flooding are tropical storm systems, which generally occur from June to November and heavy rains over a short period of time. Certain areas of our community are low-lying and subject to flooding from 'sing water. Other flooding can occur from stormwater runoff. 1 The City of Boynton Beach is concerned about repetitive flooding and has an active program !o help you protect yourself and your property from future flooding. We are seeking funding to mitigate .d make improvements that will increase the floodwater carrying capacity. 1 These are some things you can do: 1. Consider these flood protection measures: • Retrofitting structures to make them flood proof is a different approach, as the property 1 itself remains subject to flooding while the building on it is modified to prevent or minimize flooding of habitable space. • Check your building for water entry points, such as doors, low windows and dryer vents. These can be protected with low walls, berms or temporary shields. • stall a floor drain plug, standpipe, overhead sewer, or sewer backup valve to prevent sewer backup flooding. • Create flood openings in non-habitable areas such as garage doors. Mark your fuse or breaker box to show the circuits to the floodable areas. Turning off the power before a flood can reduce property damage and save lives. 1 • Elevate furniture and other valuables above flood stage levels. • Find more information at FEMAs website, www.ready.gov/floods and at the Palm Beach 1 i County Public Library. 1 • Note that some flood protection measures may need a building permit and others may not be safe for your type of building, so be sure to talk to the Building Division at 561-742- ! 6350. Page lof1 (I 1) 2. Financial assistance may be available for property protection measures: • Increased Cost of Compliance (ICC) coverage is one of several resources available for NFU' flood insurance policyholders who need additional help rebuilding after a flood. Find out more about ICC coverage by going to: httos://floodsmart.gov/flood/mitigating-flood-damage • Visit FEMA's website, www.fema.gov/h.azard-mitigation-assistance for information to learn about FEMA's grant programs that provide funding to communities for eligible mitigation activities. Mitigation activities reduce disaster losses and protect life and property from future disaster damages. 3. Purchase a flood insurance policy today: • Homeowner's insurance policies do not cover damage from floods. Because our community participates in the NFIP, you can purchase a separate flood insurance policy. You can purchase flood insurance for your building and/or for the contents of the . building. This insurance is backed by the Federal government and is available to everyone, even properties that have been flooded and those that are not in a flood zone. , Because our community participates in the Community Rating System, you will,receive , a discount on the insurance premium. � • Some people have purchased flood insurance because it was required by the bank when they got a mortgage or home improvement loan. Usually these policies just cover the building's structure and not the contents. Be sure you have contents coverage (renters take note!). • Don't wait for the next flood to buy insurance protection. In most cases, there is 1.30-day waiting period before National Flood Insurance Program coverage takes effect. • Contact your insurance agent for more information on rates and coverage, visit the www.FloodSmart.gov website, or contact the Building Division by ' calling 561-742- 6350. 4. Attached is a Flood Hazard Information brochure on things you can dot,protect your family and property from flooding. Please take a moment to read the brochure. The brochure is a good reference for you to keep to refer to during the tropical storm season. • City of Boynton Beach-America's Gateway to the Gulfstream Page 2 oft Pii OTOS Flooding on Lakeside Harbor The photos below represent normal and heavy rainfalls that occur during summer rains. *1111 „ • t.•• A s' , gr �"q ��.a� <s -AIF' l ti. r �'• ..e * . • 1. h ` ,., ~ ° - ABOVE: Water table during the summer. Rain occurred earlier in the morning or night before.This is a floodplain. There is no underground drainage to help with this. BELOW: After a summer rainstorm, pumps are sometimes used and water runs WEST to EAST. . J I II • "1" X111{11 {I V rn11l1. :,, -'a ,i;• ._. _ 7. ,1' T ,,• Rain stopped approximately - - 30 minutes prior to this '1- rte ` 44...:•: •!•••• ��, � � photo. Pump continued to .. . _ i run after the rain to prevent � .=�---. ,w.� the waters building up. _, ,.. 74,„u- `4. •-,,,.-'-- Water from the upper levels :9 s .'�_ ... of the floodplain move . ;,,�' '- s toward the east. vii • fli ms :r r > :; 4„ ill i Ad "41 __, . ... , . Ai i . 11 It y 4.0.24... i'�- di- ABOVE: Both photos are looking east from different points on the road. The water on the road is from rain, not tidal water. BELOW: Current structure built on Floodplain on Harbor Cay Lot. Note: Home was built on a stem wall, the proper way to build on a floodplain. I1111 III11 4 4 it •,. r • . i •�.' •lsam ail of Aljadojd ail pue uiei ail wail papoolj 2uiaq Auadoid/awoy s,lssovag ppou to oapin v•z •suiei Aneay Supnp in slool laails ail IRIAN smogs 11 •wJolsuieJ 8uivana ue}o oapin v•i •soap!\owl yllnn 1s11Aeld e suieluoD 11 •anoge dull ail of noA ale;111^^apop ab situ • • • •• •• • •SSSS • •• • • • • SSSS• •5 •• • • •5 ••• •S• • • • •• • •• • ••••• • •5••55.5• •• •5 • •5 •• •• • ••• ••• • • • • • • 5• • SSSS• 5• • •• • •• • ••• • •• • 55 555.5•• 5• • •••• ••• • • • • • • • •••• • • S• • • • • • • • •S• • SSSS• • • • SSSS•• • •5 • • • • • 5• • 55• • • •• S. • • • •5 • • 5555• •5 •S•• • • •SS• •• • is • 55• •• • • 5S• ••• •• • • •• • • • • • SSSS ••5 •• •S•• • • 55• • • ••555. •5• •• ••• ••5.5• • • • • • • •• • 5 • • S•• •• • • • •• •• •55• S•• •• ••• •• • •• Soo wpm SS ••55••• • •• • • • • 55 •S•5 •• • • • • S •• • • •• • ••• • ••S ••• •S• •• • •5 •• ••• • • • • • •• • • S5• •• ••• •• • 55• 55 •• •• • • •• • • • • • • • •SS• • • • •• • • • • • • • • • • • CI • •S •S•S••S•S 55 5 • • • •• • • • • •• • • • • •5• • • • • • •S• • S•• •SS• ••• • loPbPXdOnclAXWaWM3t-bLA1340- 211J1d=lsk1sHAeld/woyagnlnoh•nnnnnvisdllq :lull sly}le palm'soaplg leuolllppd AFFIDAVIT(SWORN STATEMENT) Date: ✓(°G 1 �3 My legal name is 'V 11111 5' tkZ -S ("Affiant") and acknowledge I am: • Age:11 • Address: GPI L4k,F,g164 IaAR D01AR • Residency:_Florida Being duly sworn, hereby swear under oath that: On November 27, 2023,during a meeting about the Harbor Cay development, Emmanuel Stratis could not definitively state the number of bedrooms included in the Harbor Cay development project. Under penalty of perjury, I hereby declare and affirm that the above-mentioned statement is,to the best of my knowledge,true and correct. Affiant's Signature: Poo ' �� Date: I1-I oLt l a-3 NOTARY ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Florida County of Palm Beach 1 On ;a(��'� �f1, 2023 before me,S� ��T* , personally appeared VJ1 II\d m Cott..r who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Florida that the foregoing paragraph is true and correct. WITNESS my hand and official seal. es!P`;•�, JooiL PLErr * Commission HH 379703 Signatur i,( P (Seal) �'>,Fo .a� Expires March 30,2027 AFFIDAVIT(SWORN STATEMENT) Date: Rig / �3 My legal name is jp kke.Y ernes S ("Affiant") and acknowledge I am: • Age:1141-1 r�30 j���OS\ • C,�(bcrl bo/ n $c-, �'� 33(35 • Address: ' • Residency: Florida Being duly sworn, hereby swear under oath that: On November 27, 2023, during a meeting about the Harbor Cay development, Emmanuel Stratis could not definitively state the number of bedrooms included in the Harbor Cay development project. Under penalty of perjury, I hereby declare and affirm that the above-mentioned statement is,to the best of my knowledge,true and correct. Affiant's Signature: i Date:__ NOTARY ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Florida County of Palm Beach On \ '0"A, , 2023 before me,...,.\- L lk�� , personally appeared;)-€r i k( ¶f' r-e i1'6)1 S who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity,and that by their signature on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Florida that the foregoing paragraph is true and correct. WITNESS my hand and official seal. oe"`.`:Due JODILPLETT * * Commission#HH 379703 Signature (Seal) N,��fOff��po! ExpiresMarch30 2027 AFFIDAVIT(SWORN STATEMENT) Date: I C n My legal name is J C73� aLTh k ("Affiant") and acknowledge I am: • Age:(pl v� Lt • •Address:6P Mi/S I (Cc_ R ECOP 4 3 • Residency:_Florida Being duly sworn, hereby swear under oath that: On November 27, 2023, during a meeting about the Harbor Cay development, Emmanuel Stratis could not definitively state the number of bedrooms included in the Harbor Cay development project. Under penalty of perjury, I hereby declare and affirm that the above-mentioned statement is,to the best of my knowledge,true a corr t. II u Affiant's Signatures bAc Date: l I NOTARY ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Florida County of Palm Beach On , ,2023 before me,T ( , personally appeared DCk6'AISS't who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Florida that the foregoing paragraph is true and correct. WITNESS my hand and official seal. `�`�`L, JODILPLETr ion H 379703 SignaturegUlk O( , P-hti (Seal) ;,'OFFP CopiresMac 30,2027 `/+� EDf r`pP Expires March 30,2027 AFFIDAVIT(SWORN STATEMENT Date: /o2-Ad d1 /02.__5 -- 4i,Vfinit4Jzro .) C..E-4TM) E-4—__ My legal name is ("Affiant") and acknowledge I am: • Age: 33 • Address:X26 .16er—S-1=.LSE- A-2$p IL i OO`f g€,q'kir fes- -05 • Residency:_Florida Being duly sworn, hereby swear under oath that: On November 27,2023,during a meeting about the Harbor Cay development, Emmanuel Stratis could not definitively state the number of bedrooms included in the Harbor Cay development project. Under penalty of perjury, I hereby declare and affirm that the above-mentioned statement is,to the best of my knowledge,true and correct. / Affiant's Signatur • i•, Date: /�'T NOTARY ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Florida County of Palm Beach i, 3 3 -- On 1a�O`{ S3 ,2023 before me, F•.7,; rt , personally appearedC OA 1-1ClS1"use r who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Florida that the foregoing paragraph is true and correct. WITNESS my hand and official seal. t►oPue Signature ( .ed � PQL,tt mmis`� (Seal) -,„.„rl°¢OExpires March 30,2027 AFFIDAVIT(SWORN STATEMENT) Date: /2- 4. -23 ,/ ---- My My legal name is i/et^L'' 61r4 1 V/Yb?("Affiant")and acknowledge I am: • Age. 4g �9j Ga,C�s,IQ jJ/124 f- 6,74 .,-, Raw4 , Jc'L 33431 • Address. i • Residency:_Florida Being duly sworn, hereby swear under oath that: On November 27, 2023,during a meeting about the Harbor Cay development, Emmanuel Stratis could not definitively state the number of bedrooms included in the Harbor Cay development project. Under penalty of perjury, I hereby declare and affirm that the above-mentioned statement is,to the best of my knowledge,true and corr ct. Affiant's Signature: Date: �2- � Z 3 NOTARY ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Florida County of Palm Beach ,� On 0-1 y\aoc3 ,2023 before me,3OCII 1-r , personally appeared 1 e mar\ andas Gctre.:,a-Vat who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Florida that the foregoing paragraph is true and correct. WITNESS my hand and official seal. t1AY PSI .••••••zi JODI L.PLETT Signature\, 4PO;r- (Seal) t * Commission#HH 379703 t +,'OF Expires March 30,2027 AFFIDAVIT(SWORN STATEMENT) Date:/. '-f /A My legal name is tr lam. t L /)1) ("Affiant") and acknowledge I am: • Age: " , 0_14 ,33 (MS • Address: bci5 (.4u/7( Abeta- � • Residency:_Florida Being duly sworn, hereby swear under oath that: On November 27,2023,during a meeting about the Harbor Cay development, Emmanuel Stratis could not definitively state the number of bedrooms included in the Harbor Cay development project. Under penalty of perjury, I hereby declare,and affirm that the above-mentioned statement is,to the best of my knowledge,true and correct. Affiant's Signature:/ ' AJ . (,`l a&" Date: )-/--(A-3 NOTARY ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Florida County of Palm Beach :c Pte. On I -I 41 (33-3 ,2023 before me, -.." ry , personally appeared Noise. 1)'l P - (vi rD who proved to e on the basis of satisfactory evidence to be the person whose nam''is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity,and that by their signature on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Florida that the foregoing paragraph is true and correct. WITNESS m hand and official seal. olerv&„ 0••••.(4• L la1.ETT *ASI* CommissiJODIon 9 HH 379703 Signatur (Seal) ,= Ex iresMarch toF Fto p 30,2027 AFFIDAVIT(SWORN STATEMENT) Date: 12 J Li,23 My legal name is 1 `oik-T ft i lar ("Affiant")and acknowledge I am: •Age: So • Address: (23O ►- s�, ta-r,YA Bey . • Residency: Florida Being duly sworn, hereby swear under oath that: On November 27, 2023, during a meeting about the Harbor Cay development, Emmanuel Stratis could not definitively state the number of bedrooms included in the Harbor Cay development project. Under penalty of perju - -by declare and affirm that the above-mentioned statement is,to the best of my knowledge,true .nd co 7- . Affiant's Signature: /if/I Date: /21 Y NOTARY ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Florida County of Palm Beach On 1210,-\, ,2023 before me:VCal PQt , personally appeared Qpm r - ,)U e C who proved to me on the basis of satisfactory evidence to be the person whose nam''is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity,and that by their signature on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Florida that the foregoing paragraph is true and correct. WITNESS my hand and official seal. a�'`:R� .°`% JODIL.PLErr A `) ?J2LI Signature (Seal) ,EQFFI�P Expires March 30,2027