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Item L01 BOARD OF COUNTY COMMISSIONERS MAYOR MCCOY AGENDA ITEM SUMMARY Meeting Date: 2/13/02 Division: Mayor McCoy Bulk Item: Yes_No X Department: BOCC-3 AGENDA ITEM WORDING: Resolution committing to the implementation inspection program as requested by FEMA. ITEM BACKGROUND: See attached letter and resolutions. PREVIOUS RELEVANT DOCC ACTION: Resolution #253-1998 agreeing to participate in FEMA inspection program of downstairs enclosures. Resolution #533-2000 opposing demolition of downstairs enclosures and inviting renewed discussions with FEMA concerning its policy. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: TOTAL COST: BUDGETED: Yes_No_ COST TO COUNTY: REVENUE PRODUCING: Yes No_AMOUNT PER MONTH_YEAR APPROVED BY: County Atty _ OMB/Purchasins..- . DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included: To Follow:_Not Required:_ DISPOSITION: AGENDA ITEM # /-L/ Revised 2/27/01 It\) t. RESOLUTION NO. - -2002 Mayor McCoy A RESOLunOH OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY CONCERNING PARnCIPAnON BY MONRoe COUNTY AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN AN INSPECTION PROGRAM OF NONCOMPUANT STRUCTURES WHEREAS, it is essential that Monroe County remain eligible to participate in the Federal Emergency Management Floodplain Management Program; and WHEREAS, the Board of County Commissioners ("BOCC") is unwilling to risk the imposition of penalties resulting from probation or suspension of Monroe County from the National Flood Insurance Program; and WHEREAS, the Citizens Task Force appoin~ed by the Monroe County BO~C, recommended that the Federal Emergency Management Agency ("FEMA") establish an inspection procedure for Monroe County as a means of verifying compliance with the Floodplain Management Criteria, and the Citizens Task Force recommendation was formally adopted by the BOCC in Resolution No. 253-1998; and WHEREAS, FEMA developed a pilot inspection procedure ("the Inspection Procedure") designed to assist in the identification and remediation of noncompliant buildings, and the Inspection Procedure was adopted by Final Rule published in the Federal Register on June 27, 2000; and WHEREAS, a Federal Register notice was published on December 28, 2000 announcing the start date of the Inspection Procedure as January 1, 2001 and a termination date of December 31,2007; and WH EREAS, the most recent correspondence from FEMA Region IV has ordered the BOCC (a) to adopt by February 28, 2002 a Resolution committing to implementatIon of the Inspection Procedure as described in the Federal Register Final Rule dated June 27, 2000, and (b) to begin implementation of the Inspection Procedure by March 14, 2002, and (c) to submit to the Regional Office no later than April 11, 2002 a proposed remedial plan (the "Remedial Plan") designed to identify and reduce potential damage to noncompliant buildings and financial exposure to the NFIP; now therefore BE IT RESOLVED BY THE BOARD OF CO,UNTY COMMISSIONERS OF MONROE COUNTY, PLORIDA that: Section 1. The BOCC hereby commits to implementation of the Inspection Procedure. Growth Management Department staff is hereby directed to begin implementation of the Inspection Procedure no later than March 14, 2002, by Identifying, from County records of structures built since January 1, 1998, those buildings that are in potential violation of Monroe County's flood plain ordinance. From that group of identified potential noncompliant buildings, GMD shall, beginning with the older buildings and working toward more recently-constructed buildings, create lists of addresses of such buildings and forward same to FEMA. Section 2. Monroe County GMD, with assistance from the Office of the County Attorney, shall prepare and submit to the BOCC for consideration at the March BOCC meeting, a Remedial Plan, which will include (a) such propo$ed action as may lawfully be taken under existing Florida Statutes to accomplish the above-stated objectives of the Remedial Plan, (b) in order to facilitate meaningful remediation, a request that FEMA create a Florida Keys flood damage model utili~in9 Florida Keys topography and actual flood damage sustained, post-FIRM, by Florida Keys structures, and (c) a request to Monroe County's legislative delegation for remedial legislation, PASSED AND ADOPTED by the Board of County Commissioners of Monroe County at a regular meeting of said Board held on the day of February, 2002. Mayor Charles 'Sonny' McCoy Mayor Pro Tem Dixie Spehar Commissioner George Neugent Commissioner Nora Williams Commissioner Murray Nelson (SEAL) ArrEST: Danny K. Kolhage, Clerk BOARD OF COUNlY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson r .c;;.. Federal Emergency Management Agency 3003~~'Rd RECEIVED N(rO~ ~",0A303f1 MAYOR McCOY January 14,2002 The Honorable Charles McCoy MaYor, Monroe County 2S Ships Way Bil Pine Key. Florida 33043 I ! Dear Mayor McCoy: I I Thi. is to inform you that the unincorporated areas of Monroe County, Florida, will be placed on probationary status with the National Flood Insurance Program (NFIP) on May 31, 2002. unless me~ures are taken prior to that date to correct the identified deficiencies in your community's floddplain management program and begin to remedy ail identified flOOdplain management viol~ons of your community's Flood Damage Prevention Ozdinance. Probation serves as a formal notice to YOUTCOlXUI..t:;.H'y' t"ri!\t its implementation oithe local floodplain management proiram is regarded as noncompliant with the minimum criteria of the NFIP. Probation is the firs~ step in the process to suspend community eligibility to participate in the NFlP. the result of whi~h is the loss of available federally backed flood insurance in the community. There are c~tly 28,813 flood insurance policies in force in unincorporated Monroe County representing S4,L3S,S49.900 in coverage. ! In r~.e to ~ community's RqUat, members oflhe Federal Etnergency Management Agchcy (FEMA) Director Ioe Allbaugh's executive staff have met with community officials and citiz~ groups to listen to COncerns regarding the pilot inspection procedure and to better W1dermnd the situation in the County. After liStening to aU views, FEMA has come to the conclusion that, given the unique circumstances suzrounding the issue, the pilot inspection proc,edure continues to be the most effective means to address the large nwubcrs of :non- compliant structures. BACKGaOIlND , Whcin Monroe County joined the NFIP, it agreed to adopt and enforce the minimum requhem...ta of the NFIP. including the requiremODls pertaining to encloour.. below the lowesl fiooi of elevated buildings. The NFIP is a voluntary partnership between FEMA, the State of Floqda. and local communities. FederaHy backed flood insurance is made available to citizens in communities that agree to regulate their floodplains in a safe manner. Monroe County has failed to re8u1ate floodplain development in a responsible and safe manl'1er, placing its citizen5 and prop~ at risk. 2 FEMA has worked continuously with Monroe County since widespread violations were formally identified in a 1995 Community Assistance Visit. We discussed the potential number of illegal enclosUres with officials in Monroe County and believe that their estimate of2,OOO-4,OOO illegal enclosures constrUCted below the lowest floor of elevated buildings is a reasonablo estimate. In response to a January 1997 Monroe County citizens task force recommendation and the County's alfeement in the form of a Resolution approved June 11, 1998, FEMA agreed to catablish a pilot inspection procedure to Ulist the County in bringing the illep! eonstrJCtiOD into compliance with the County's floodplain management ordinance. The pilot inspection procedure was developed in order to allow the County to avoid probation or suspension by assisting in the identification and enforcement of illegal enclosures. The Final Rule establishinJ the pilot inspection procedure was published in the Federal Register on lune 27, 2000. A FedmJl Regis'''' notice was published on December 28, 2000, announcing the start date of January 1, 2001, and the termination date of Dccember 31,2007, for the inspection procedure. On Deceniber 13, 2000, the Monroe County Board of Commissioners paned a Resolution "Opposing the demolition of downstairs enclosures and inviting renewed discussions with FEMA concerning its policy." AC11PfiS REOUJBED TO AVQID PROBATIO~ . ......~ ..' .~~ ,-.' WithoJ1t the County'. full implementation of the pilot inspection procedure as described in the Final ~u1e, probation and possibly suspension are unavoidable. In order to avoid probation, the County Board of Commissioners must take the following actions: · Pass a resolution, by February 28,2002, committing to the implementation of the inspection procedure as described in the Federal Register Final Rule dated June 27, 2000. · : Begin implementation of the pilot iIUpectioD procedure by March 14, 2002, by . identifying and forwarding to FEMA the addresses of structures that are in potential violation of the County's floodplain management ordinance in accordance with the Final ' Rule, beginning with those structures with enclosures less than four-years old. Within this group of structurea with enclosures leas than four-years old, the County should work with tho older violations first, working towards the most recent violations. · Submit to the Regional Office no later than April 11, 2002, an implementation plan that will remedy the County's stated inability to assure that structures with enclosures older than four years are compliant with the pro~i.ions of the County's Flood Damage , Prevention Ordinance and the minimum requirements of the NFIP. The plan must inctwU:spccific actions that the County agrees to undertake to identify and to reduce , potential damages to the non-compliant buildings as well as the financial exposure to the NFIP. The plan is to include appropriate timeframes and assign responsible parties for each :action. .' Obtain approval of the plan by FEMA Region IV no later than May 9, 2002'. r... 3 , , If at any time the C.ounty fails to implement the inspection procedure or to fully implement each step of the plan approved by the Regional Office, FEMA will immediately pla.c:e the County on probationary status from the NFIP, CO~EOUENCES OF PROBATION AND SQSPENSION The failure of your community to adequately administer and enforce its local floodplain _ management ordinance in com.p1iauce With minimum criteria of the NFlP results in an additional liability to the program from the increased exposure to flood risk. During the probation period, flood insurance coverage will remain available within your community, however, a SSO I'JrCharge will be added to the premium of each new or renewed flood insurance policy sold within the community for a period of DO lea than one year tram the effective date of probation. Furth~ore. the S50 annual surcharge will continue to be added to the premium of aU new or renew;ed policies sold during any extended or lUCCessivc probation periods. If Monroe County is placed on probation and does not implement the inspection program or does not submit an approved implementation plan while on probation, the County will become subject t" susPension from the NFIP. In communities suspended from the NFIP flood, ;ml;l1~r:. ,~",_ coverage is no longer available. Furthcnnorc, the Flood Disaster Protection Act of 19?:" prohibits Federal agencies from making grants, loans, or guarantees for the acquisition Or CODstl;uction of structures located in an identified flood hazard area. This restriction Bpplies to auist8nce from the Federal Housing Administration (FHA). Veterans Administration (VA), and the Srftan Business Administration (SBA) among others. Lending institutions insured or regulated by a Federal agency may. however. continue to make conventional loans in these areas at their discretion. If a flood disaster occurs in a suspended community, most t}ipes ofFedera1 disaster assistance for the acquisition, construction, or repair of insurable structures within an identified flood hazard area, including Individual and Family Grant assistance for housing and perso~a1 property, is not available. Over the put six year. FEMA baa made a good faith effort working with citizens, County staff ai1d elected officials in Mon.."'Oe County. We are concerned that if the County does not take the necesiary steps before May 31, 2002 that this willleacl to suspension from the NFIP. We are very concerned about the potential effects of suspension on your County. According to the National Oceanic and Atmospheric Administration (NOAA), Monroe County is one of the most J1urric~e'prone locations in the United States. It is only a matter ofti111c btlfore a major storm produces the kind of flood event depicted on the FEMA flood maps. A storm of such magnitude would result in extreme damage to enclosures bems used u housing. placing life and property at risk. Suspension from the NFIP would result in the denial of Federal disaster assistance to your residents and severely hamper their recoyery from such an event. Therefore, it is absolutely critical that the County take the necessary measures to avoid suspension from the NFIP . t"'.:) 4 If you, have any questions or at any time: need technical assistance to address these issues, please contact Todd Davison, Division Director, Flood Insurance and Mitigation Division, Region IV, Atlanta, GA at (770) 220-5401. th O. Burris. Jr. Regional Director ce. GOvernor Jeb Bush Senator Bill Nelson SJmator Bob Graham CODgress%!!'t1'l 'Pt:rer TlElnt'lch Mr. Steven M. Seibert, Secretary, Florida DCA S'ate Representative Ken Sorenson State Senator Daryllones Mr. James L. Roberts. Monroe County Administrator ",,, ' Commissioner Murray Nelson RESOLUTION NO. ..53'3 -=2000 A RESOLU'nON OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, OPPOSING DEMOLITION OF "DOWNSTAIRS ENCLOSURES" AND INVITING RENEWED DISCUSSIONS WITH FEMA CONCERNING JTS POLICY "- WHEREAS, the recently-elected County Commissioners received strong electoral sUi?port from Monroe County voters, on platforms challenging the pOlicy of mandatory removal of below base flood elevation primary residential structu~es ("downstair& enclosures"']; and WHEREAS, the BOCC, by Resolution No. 346-1999, found that: · FfHA's new inspection procedure "will certainly result in the elimination of hundreds of residential units now existing below BFE" (Base Flood Elevation). · "'Many below BFE residential units are occupied as affordable housing, a commodity which Is already undersupplled." .. "The loss of numerous affordable housing units through enforcement of flood plain management policies will cause great hardship to many working famiffes in Monroe County. and will create adverse economic cor:u;equences by exacerbating eXisting labor shortages." ,. "The NFIP objective of preventing avoidable catastrophic property damage is difficult to reconcile with enforcement measures which will result in destruction of hundredS of dwelling units."; and WHEREAS, after adoption of Resolution No. 346-1999, representatives of Monroe COunty were cordially received, together with members of the O<;ean Reef Community, by :FEMA Director James Lee Witt, and were assured that altematives to demolition of doWnstairs enclosures, particularly the flood proofing of residences, would be evaluated; and WHEREAS, the entire Board of County Commissioners desires to work with FEMA to solve our common problems; and WHEREAS, the great majority of federal flood relief expense Is incurred in response to flood events on rivers and tributaries, not sea coasts; and WHEREAS, downstairs enclosures not sited In V zones are unlikely to sustain wave Impacts sufficient to threaten the integrity of the main building; and WHEREAS, federal flood relief was re~ently provided to the City of Sweetwater, Florida In which several hundred homes were flooded, notwithstanding their lack of floodinsurancejand . WHEREAS, according to Monroe County Growth Management estimates, as many as,4000 downstairs enclosures may face demolition as a resuJt-Of--fEMA's inspectiol1 procedure, unf,ess an alternative to demolition is identified and approved; and WHEREAS, commercial property owners are now allowed to obtain flood insurance -if they flood-proof their downstairs enclosures, .but residential property O\l\l.ners are denied this remedy; and WHEREAS, a FEMA response to Resolution No. 346-1999, and to the questions raised in Monroe County's meeting with Director Witt, Is long awaited; now, therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNlY, FLORIDA, that: , Section 1. Monroe County respectfullV request5 a meeting with FEMA In order to review the NFIP polities concerning floodprooting and other, alternatives to removal of ~ownstairs endosures, as well as of NFIP underwriting policies applicable to flood inSurance for Florida Keys residential properties. Section 2. The Clerk will send copies of this Resolution to Monroe County's federal and state legislative delegation, to Governor Jeb Bush and to FEMA Director James Lee Witt. PASSED AND ADOPTED by the Board of COunty Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 13th day of December, 2000. yes yes yes yes yes ~ BOARD Qf. COUNTY COMMISSIONERS J;;.- o\'qUIe COUNTY, FLORIDA ...+-- ... . -e Jqe...-~ ' 8:;or /Chalrperson jdresMNF!MA Q" - 0::;: ,,oM' ' o ;... c ,,;Od', l.&;1 . ~' ,:x- '.Q.,., a:::. 0.,0 I.&.. C ':z:' iJ;J '<1: ......J -, u... 0 'W ..,j ~ ~ <.:~ ~c:~ ....I 1- ~5 .~ -J .c:..l ~ ~~ <C ::z:: o ~ APPROve{) AS TO FOIlM . A F TOTAL P.0.:l <I' Growth Management RESOLunON NO. 253 -1998 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY CONCERNING PARnCIPATION BY MONROE COUNTY AND THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN AN INSPECTION PROCEDURE AS RECOMMENDED BY THE MONROE COUNTY CITIZENS TASK FnRCF soSF ~i.'a f"\:x-< N .... n" r- N 0 0(")< ::0 ~~~ !; ::0 -4nr- _ 1"1 ~::c _ C") -.t,")Io - 0 r-' C) - ::0 ~' 11ft ... 0 WHEREAS, it is essential that Monroe County remain eligible to participate in the Federal Emergency Management Agency Floodplain Management Program; and WHEREAS, the Board of County Commissioners ('"BOCC.) is unwilling to risk the imposition of penalties resulting from probation or suspension of Monroe County from the National Flood Insurance Program; and WHEREAS, it is desirable, for the health, safety and welfare and economic well- being of the residents of Monroe County, that Monroe County adhere in good faith to the requirements of the Monroe County Floodplain Ordinance and 44 CFR criteria; and WHEREAS, the Citizens Task Force appointed by the Monroe County Board of County Commissioners, recommended that the Federal Emergency Management Agency ("FEMA ") establish an inspection procedure for Monroe County as a means of verifying compliance with the Floodplain Management Criteria; and WHEREAS, by letter dated March 23, 1998, FEMA Regional Director John B. Copenhaver responded to the Citizens Task Force recommendations, and outlined an 8-point Inspection Procedure, in which the BOCC has expressed interest and a willingness to participate; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THA T1 Section 1. The BOCC requests the Federal Emergency Management Agency to establish 'an inspection procedure for Monroe County as a means of verifying that structures insured under the NFIP are compliant with the Floodplain Management Ordinance, Sections 9.5-315,9.5-316 and 9.5-317, Monroe County Code. FEMA Resolutlon.doc Section 2. The BOCC affinns the willingness of Monroe County to participate with the Federal Emergency Management Agency in implementing the 8-point Inspection Procedures identified in the letter from John B. Copenhaver dated March 23, 1998. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County at a regular meeting of said Board held on the 11 th day of June 1998. Mayor Jack london Yes Mayor Pro Tern Wilhelmina Harvey Commissioner Shirtey Freeman Yes Yee Commissioner Keith Douglass Commissioner Mary Kay Reich Yes No "',. ~ .~. -0 ..~ ", ATTEST='-1:fanny K KoIhage, Clerk By Approved as to Fonn a d legal Sufficiency FEMA ReeokMon.doc