Loading...
Item L17BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 28, 2009 Bulk Item: Yes No X Division: BOCC Department: Commissioner Di Gennaro Staff Contact Person #: Tamara Lundstrom 305 289-6000 AGENDA ITEM WORDING: Discussion and Board authorization of a written request to FEMA introducing Resolution #513-2008 and requesting a meeting following the next BOCC Regular meeting on February 18, 2009. Letter from BOCC will be accompanied by letters of support from Congresswoman Ileana Ros-Lehtinen and State Representative Ron Saunders. County staff is asked to compile revised implementation options and work with interested parties, as per the aforementioned resolution, for BOCC approval to propose to FEMA by the next BOCC meeting. A formal meeting with FEMA will not occur until that time. ITEM BACKGROUND: The County, in response to FEMA's mandate in 2000 to implement permanent compliance policies, subsequently in 2002 approved a three-part inspection program which was accepted by FEMA. Many of the affected properties with downstairs enclosures have changed ownership several times over the years and current owners in these very difficult economic times are facing major expenses and loss of property values in meeting the FEMA code requirements of the Monroe County NFIP Pilot Program. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved Resolution #513-2008 on December 17, 2008 supporting beginning negotiations with FEMA to find resolutions to hardships faced by property owners with downstairs enclosures converted to living space. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: INDIRECT COST: BUDGETED: Yes No COST TO COUNTY: REVENUE PRODUCING: Yes _ No APPROVED BY: County Atty DOCUMENTATION: Included DISPOSITION: Revised 1 /09 SOURCE OF FUNDS: AMOUNT PER MONTH Year OMB/Purchasing Not Required Risk Management AGENDA ITEM # Commissioner DiGennaro RESOLUTION NO. 513-2008 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AFFIRMING SUPPORT FOR RENEGOTIATIONS WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY REGARDING THEIR PILOT INSPECTION PROGRAM FOR DOWNSTAIRS ENCLOSURES, WHEREAS, on the 20th day of March 2002, the Board of County Commissioners ("BOCC") passed and adopted Resolution #115-2002 approving the Flood Insurance Inspection and Compliance Implementation Plan; and WHEREAS, the BOCC adopted Resolution No. 187-2002 in order to address FEMA's response to Resolution No. 115-2002 requiring the County to pursue State legislation to alter the four year statute of limitations on code enforcement of violations of land use regulations (particularly floodplain); and WHEREAS, Resolution No. 187-2002 committed to the efforts for statutory change and to inspections of dwellings with restrictive covenants; and WHEREAS, the BOCC approved Resolution No. 152-2003 to amend Resolution No. 187-2002 after efforts for statutory change were unsuccessful and to adopt a Revised Implementation Plan for the flood insurance inspections & compliance, and included commitments for inspections, vigorous code enforcement of violations, and working to change the floodplain regulations such as, for example, to allow expansion of elevated portions of non- conforming structures if there was an engineer certification the non -conforming part of the structure would not increase potential for structural damage to conforming parts of the structure; and WHEREAS, the FEMA Regional Director in a letter dated March 23, 1998, responded in the negative to many of the Monroe County Citizens Task Force recommendations; and WHEREAS, approximately ten years have passed since the Citizens Task Force made recommendations such as changes in the permitted uses, sizes, and construction standards for permittable downstairs enclosures, resulting in residents of fewer years being unaware of the efforts which were previously expended on this issue and desiring to re -address it; and WHEREAS, the County will not take any actions, without expressed written consent by FEMA ("FEMA"), that would compromise the county's standing in the National Flood Insurance Program; and WHEREAS, the County will continue to honor all components of the Final Rule published in the Federal Register on June 27, 2000 by the Federal Emergency Management Agency: 44 CFR Parts 59 and 61 National Flood Insurance Program (NFIP); Inspection of Insured Structures by Communities, Final Rule; and the County commitments under Resolution No 152-2003; and FEMA inspxn Prog Res 12-17-8 WHEREAS, the County will continue to administer, implement and enforce all components of its Floodplain Management Ordinance, Sections 9.5-315, 9.5-316 and 9.5-317, Monroe County Code; and WHEREAS, given the many economic hardships homeowners are experiencing both in Monroe County and nationwide, the BOCC wishes to resume dialogue with FEMA to establish a better solution to the pre-existing problem of structures below the Base Flood Elevation ("BFE") which is less financially abrasive to homeowners and more conducive to recognizing and appreciating current economic conditions; and WHEREAS, Congresswoman Ileana Ros-Lehtinen and State Representative Ron Saunders have pledged support to work with the BOCC in facilitating dialogue with FEMA officials to meet a better resolution for all affected parties; now, therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The BOCC reaffirms its gratitude in recognition for all the benefits the County receives as a participant in the NFIP. Section 2. The BOCC affirms support for renegotiations with FEMA regarding their Pilot Inspection Program for Downstairs Enclosures. Section 3. The BOCC directs appropriate County staff to work in conjunction with FEMA, DCA, and other interested agencies, and to gather public input via a series of meetings, at least 1 in each of the 3 major areas of the Keys, to develop a revised inspection and compliance program that will continue to safeguard the community's participation in the NFIP while offering a better remedy to addressing downstairs enclosures constructed after January 1, 1975. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, : } Florida, at a regular meeting of said Board held on the 17th day of December, 2008 Mayor George Neugent Mayor Pro Tern Sylvia Murphy Commissioner Heather Carruthers Commissioner Mario DiGennaro Commissioner Kim Wigington By:7' Depu Clerk FEMA Inspxn Prog Res 12-17-5 Yes Yes e�� Yes Y C.9 BOARD OF COUNTY COMMISSIONERS OF MONK COUNTY, FLORIDA CIQlwy: 4. �)4-44,5 Mayor George Neugent MONROE COUNTY ATTO EY APP OVED AST M: S ZAN E A. UTTON COUNTY ! 77�R�pFy MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DIVISION We strive to be caring professional and fair To: Mayor Mario Di Gennaro 1e. ss From: Andrew Omer Trivette Growth Management Division Director AilDate: October 31, 2008am+ RE: Permitted Downstairs Enclosure Improvements The intention of this memorandum is to provide clarification of the County's policy regarding permitted downstairs enclosure improvements as they relate to the National Flood Insurance Inspection Program. Early into the County's participation in the National Flood Insurance Program and implementation of the Flood Damage Prevention Ordinance in January 1, 1975 the County authorizdd construction and uses in the downstairs enclosures that were not in compliance with the codified federal regulations. The County was ordered to cease and desist this practice, and did so. The County did not require compliance for any use or construction authorized by benefit of a permit, and on April 13, 1999 the County entered into a settlement agreement with that provision. FEMA acquiesced that given the practical and legal constraints of the settlement agreement the County would not have to require compliance for anything previously authorized by a permit. In summary, Monroe County issued building permits authorizing the construction of downstairs enclosures with improvements beyond what was authorized by the codified federal regulations. While this is no longer the practice of the County, we do recognize the validity of those authorizations, as does FEMA. If one of those approved enclosures requires an inspection and is found to be compliant with the original approval, it will be allowed to remain as permitted. Page I ot• 2 Lundstrom-Tamara From: Trivette-Andrew Sent: Thursday, July 24.. 2008 6:29 PM To: County Administrator; County Attorney; County Commissioners and Aides. Growth Management Subject: Fema Inspection Program Information ('nntrnIN, It)ntrs• %fI AtIII uni,u,ltol" %IN \Itnrnr\ ;Intl ~gift. \\wild Illy' to I'll u'. ill(- if ,mall aluullnt of thotOIL ation Inl tilw is'ne of l' 1• MA flood itlsui;uu t iu,pt,t lions. In tit, I,;ut tr\, &Iv, 1 have had .1 ,wfllfitaltl n11111hcl ofllllt',tloll, I1-gartfing oIll- IJl,prt lltlll III (III and tit,- I vpllation Hall. (It I)lnt pl(,L;t:ttn ;I, Ivtll a, tit- proccss tilt othrl localitil.,� I"IJi, c1liail1114ilt liht•Iv vv ill not an,vvrr all of your Ilut'tion, lilt vv ill illsvv I r a it­,v I hope• Fill' il]sptition Ilrtl;;lain vva, Ile I -,lilt tit it lit-gotiation vv)ill F1''\1-A foll,millt; tilt till l.at to AlI)nror ('tnlmly and ttllt un1111t litirs front flit, NI'll' It rcmm al had .pour tiu\\ard to (-\I,(Ing ,unt film mot Ili Ilpo'ttl ,tructlllc ill Motif Iw ( oulit\ or our Inunik. Tillitit, \\wind he chl'ihlt' tilt ti'tl1•1 all} ,uIli, io1iit-41 flood III I he 1(.( lel al Ictri'tei 111>t , 1) It lLot It' till. Ill 0"1—anl', frinlinatiom Hatt' of ttll l ; I taltuot ,pttulatr ;n to \\ 11)' tilt f l.Jt rat IIl'Itl;Illtt' .Atlnluli,tranon the not trrl thrntl.drd to Ill )(lilt(, till. it.([( rill It i,trr x itII tilt• Iwl4 ted (lama AA htn lhr stifrt anal tini,h tiatr, for tilt Iif-wr;un \\rrt altrrrd through thr lal(; Conlin is,it) nrr Nrl,ou', rlvl;otiatioIt \\ith It blur line ft-lr till, ptogtalu IN ;I, fullttvt, 1. fill] 1 1• 2ot12 Il-tlrr horn F VNIA to NI;I or %I 'o\ inlinnIIifv that this iIi,Ilr( tit)II p141"1il]n,homld htt iu of tilt ( 'ounry would Iw platrJ oLl probational .,tattl., 'I hr Irttl.i ills') illdicatrd that till- IrtltI-A regintti ha, if III unl'Iv pnlill'llrtl tvplI atlon dill. I ll 1 2. ;'I I / l T h;l,'l oll if ,,(;If I datr of 1 I _'tll) I for (If( -Ill o>tiralll. 2 M;iN _) 12no.t- Icttl.i Irtan Ft NIA ,taunt; tilt,v ;lttrllt till' "rry i,rd inlplt•nu'luatiou plan" I Ills plan nulir;Itttl ;I ,Iy crar (ofllplrtion 'pall \\ Ilith \\ ould tontlutlt in 21)o9. I hr ('olll. of Ict.lrr11 RUI_�11latlulln allow, till ;ill r\trll,ion of' tilt- Ill ogl ant Ill m ry l.r• vv t hav ( Ity I r itIgillet I tot ,;till tvtnsiol] liar to the tilct tII;I1 1, :\ )tits lit\ IT I ttlul..tl.d al] ilpplicatiIll tier r\tcnsion duc to tilt latt ;it l-tpt;tut' of the rl.\ ix'J Inogtalo plan and tilt rt,ultant late stal t Hatt fill- in-sprttion, 1'Ita,'. ht ;m;u-t' that tilt In o"l and ,inlpl\ alit')\, flit FIE,\1.\ ;lsslstanrl- in iraclliml; sul,stautial cotnpli;ultr With utn r\i,tin dil%N mlt;tll, rat lu,urt,' \1 t t illtntl\ ImI114 ipatr In flutt, t\'prs of inspl.t6)II, III,Iu't tl()It 1'114Ill ti;tll' .AII lll,ptttltnl Is 11]1IJattvl 1) It Afollrt)l. ( multV' ;It all oN llt'I, 1-1twNt vvlltll a pl oprrly th;u)>;r, halltl,. l ht iII,I)rttion is I c(limcd III lot- it.) tilt.• is,uanrr of it building I)rl [nit uudvi. if lit \\ o\\ nrl n;mrn . 1 Iliad In,ur;tittr h1'I,tI inn Ali in,prttion is Il]itiatrll by till- National Flood In,utancr I'rot:tann antl i, l'rtltlr'tttl h\ till- llt,lltallcv (•olllpall\' to IN• ;it 1-I-d ollt: 1)� Main or Cmiltt\ cflahhlll� contlllllod I)ollt 1' ;-2,� III,IItI'Ill )II \u in,prttion I, uliti;ttrtl II\ N'Ionilu' ("punt\ fitlltl\\int; tilt' appliultiou fill a Inlilditlt; ptrrllit till- it propt•rt',, \\ hit If tilt proprrt,' tlpprai,t•I ha, idriltifittl ;I, Ila\ ink un-pl.rnlittttl mipn-\ ttnentr bultm liar Ilood cll-\ all, I Ill• III'prt flan t pall Silit• 1111I the Li-_'li Illsprttion \\l.ir Ill[I)k-fl[t-llt"d ;1, it rr'lllt III till' it•\ I,tll Ill ll.11rllltlllallnll plat) I Ill, phn d,•tallttl till.;lrtioll, Nlt�urot Cotml[N would tal.r to rmsurt',trio tomlpliautr with trlltral rc't;uhition' Ic"illdin" hclttvv hitsr flood tlt\alum t on,u utntul. It 1, \I t\' inlluu taint to it,diit, thal tht,t t\\o t\pt, ofin,ptttiou' \\ill Ilitt eiltl with III rail') rnuy)Icfion in 2tlufl .\ Itttrr fitun 11':\I \ ill Jan of 21n) � inditatrtl that it \\t lailttl Ill iuitialiit pl-rnrultut urfnl)lianrt in'pt" tion nu thotltllo its \\t \\wind Ix ul]nit'diatt•I\ plated (Ili Iuoh;uion it `' status \\Itln11 flu' provraml. ['hr othrl nunlik-Tahtirs I vtti', ttl similar rortt,,pondrnrt antf iIIItiatttI the ,;.unt IIIt-thodolot,ir, to leach conlphatct . Till- onl\' difttrrntl-, \\rl r tilt' numlhrt of Will, \\ Milli nrrtlrtl iflsptctinlf to }it, ('twilit and the sf;m-t Matt' \lost of tilt, InIllIWipalitits ,t;lrti'd tilt prol;r;tu on tiler. Him t\ tl , oil iufi)rnlatiolt indicate' that Marathon has not toulplrted tier mlitial in'pectinn pha,l. I'Itase tall lilt a ith an% tlur.,tiolls. 10.129. 2008 Page 1 of 1 Lundstrom-Tamara From: Shillinger-Bob Sent: Friday, May 27, 2005 4:17 PM To: zz-County Commissioners and Aides Cc: zz-County Administrator; McGarry -Tim; Conaway -Marlene; Paskalik-Joe; Norman -Ronda; Bair -Dianne; Collins -John; Grimsley-Susan; Hutton -Suzanne; Mercado -Pedro Subject: Judge Payne's decision in LaTorre overruled. Attachments: Sarasota County v. National City Bank of Cleveland.pdf Mayor Spehar & Commissioners: The Second District Court of Appeals effectively overruled Judge Payne's decision in LaTorre v. Monroe County in the opinion which I have attached and highlighted for your review. As you will see in the highlighted section in the main body of the opinion, the Court specifically observed that the LaTorre decision was incorrectly decided when Judge Payne applied chapter 95's civil statute of limitations to an administrative proceeding such as code enforcement. Under Florida Law, a ruling of a District Court of Appeal is binding in all courts of the state unless overruled by the Supreme Court of Florida or if another DCA has issued a conflicting opinion. Since no other DCA nor the Supreme Court has addressed this issue, the Second DCA's opinion is controlling unless and until an administrative statute of limitations is adopted. The County has legislatively created a statute of limitation in section 6.3-14(a) of the Code, which would still operate except on the issue of below base flood elevation (i.e. downstairs enclosures) which a prior Board previously exempted from 6.3-14 (presumably under an agreement with/direction from FEMA). In short, under the law as it stands as of the date of the opinion (May 13, 2005), code enforcement action could be brought against property owners of downstairs enclosures which are older than 4 years of age but not for any other violation of the county code. Bob Shillinger Assistant County Attorney Monroe County Attorney's Office P.O. Box 1026 Key West, FL 33041-1026 (305) 292-3470 (305) 292-3516 (fax) Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public records available to the public and media upon request. Your e-mail communication may be subject to public disclosure Monroe County BOCC has checked this message for virus infection Checked by AVG Anti -Virus. Version: 7.0.322 / Virus Database: 267.1.0 - Release Date: 5/27/2005 1 /21 /2009 04 slt2ts� A _a R f ff. } ALO81D� Replyto: 90311 Overseas Highway, Suite A Post Office Box 699 Tavernier, FL 3307o 305/853.1947 203 House OHlce Building 402 South Monroe Street Tallahassee, FL 32399.13oo 850/488.9965 ton.saundws®nlyHoridalumse.gov COYObri Democratic Ranking Member Appropriations Council Legislative Budget Commission Florida House of Representatives Ron Saunders state RepreBeeative, Dlseela IF" January 27, 2009 Dear Mr. Loar, I am contacting you as the State Representative for the 120th House District in Florida which includes all of Monroe County. The issue regarding your office's PILOT Inspection procedure for downstairs enclosures greatly concerns many of my constituents and I am writing you to offer my support in finding a better resolution. The Board of County Commissioners in Monroe County recently passed a resolution unanimously calling for renegotiations with your office and our Congresswoman Ileana Ros- Lehtinen has pledged her support for facilitating a productive dialogue. Having attended several meeting with the community group Citizens Not Serfs, I have listened to hundreds of residents throughout the past few months about their hardships regarding downstairs enclosures and I am very sympathetic to their cause. As a state legislator, I know this is mainly a federal issue but I will do whatever I can to help and assist these efforts in working with you. I hope you favorably consider what the Monroe County Commissioners present to you as alternatives that can address the concerns of our residents and uphold the basic principles of the National Flood Insurance Program which are very important and appreciated by this community. Sincerely, Ron Saunders I �I State Representative 1 1 District 120 V C UNTYSMONROE KEY WEST FLORIDA 33040 (305)294-4641 District 4 Office: 9400 Overseas Highway Florida Keys Marathon Airport Suite 210 Marathon, FL 33050 Ph: 305 289-6000 Fx: 305 289-4610 Em: boccdis4 monroecoun -fl, ov Brad Loar, Chief Community Mitigation Programs Branch Flood and Mitigation Division FEMA, Region IV 3003 Chamblee Tucker Road Atlanta, GA 30341 BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tem Sylvia 7. Murphy, District 5 Kim Wigington, District 1 Heather Carruthers, District 3 Mario Di Gennaro, District 4 Dear Mr. Loar, The Board of County Commissioners of Monroe County, Florida, would like to thank you and your office for the cooperation you have extended concerning the inspection program for nortc aformmg downstairs enclosures. We are confident that you recognize that Monroe County has made significant stridesto meet FEMA standards in hope of achieving full compliance and gaining the best rates possible for residents to receive federally subsidized flood insurance through the National Flood Insurance Program Unfortunately, this process has not been without stumbling blocks which have recently been exacerbated by our nation's current economic conditions. Through the current inspection program, we are prosecuting older homes - - those that have existed for decades. The impacts of the current process pose great financial difficulties for homeowners, in what is already an unstable economic climate, relating to costs of inspections, demolitions, devalued homes, etc. Furthermore, the cost to the county is becoming increasingly demanding especially in consideration of increasing litigation which will continue to grow as more suits are filed. Many members of our community have reached out not only to us as their county officials but also to their State Representative and Congresswoman in hopes that all of us can come together and devise a better solution that can be mutually agreed upon. On December 17, 2008 the Board of County Commissioners unanimously adopted Resolution #513-2008 (please see attached). Over the course of the next month, the BOCC will be working in conjunction with county staff and other interested parties on a revised implementation program to present to your office. We'd like to coordinate a formal meeting, following our next regular meeting on February 18, 2009, to work with your office and review some of the recommendations for addressing your concerns while offering a better solution to our homeowners who are facing severe financial hardships. Please let us know if this is acceptable. Sincerely, Mario Di Gennaro, Monroe County Commissioner Cc: Board of County Commissioners Roman Gastesi, County Administrator Drew Trivette, Growth Management Division Director i/.2 8/oq #L17 L•I 7