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Item R07 Board of County Commissioners Agenda Item Summary Meeting Date: August 20/2003 Bulk Item: Yes [J No Il' Division: Board of County Commissioners Department: George R. Neugent AGENDA ITEM WORDING: Request to proceed with a review, appraisal, &. acquisition of what is presently known as the D&J Industries Bldg. located on Big Pine Key. The facility would serve all of Monroe County as both a Pre &. Post Disaster collection and service center. And also as a facility that, as a daily operation, will manufacture DCA approved modular housing for truly affordable housing at no impact to ad valorem taxes, and will address the needs of the low-low and low income residents by replacing sub-standard housing as the need presents itself. ITEM BACKGROUND: In October of 2000, the BOCC approved a grant agreement with the Florida Department of Community Affairs which provided funding to complete the Preparation of a Post- Disaster Plan to identify and address immediate priorities for the recovery and redevelopment of the Florida Keys after a natural disaster. On May 21, 2003 the BOCC was given a presentation by the consulting firm chosen to do this review - ANAL YTICA Post Disaster Redevelopment Plan, Monroe County. The report gives a road map that would allow us to start the process of being prepared for a disaster when, not if it happens. PREVIOUS RELEVANT BOCC ACTION: CONTRACT I AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: BUDGETED: YES [J NO [J COST TO COUNTY: $ Source of Funds: REVENUE PRODUCING: YES [J NO [J AMT PER MONTH: YEAR: APPROVAL: ~"1 en: ',r<-- ,-. Commission GEORGE R. N " DISTRICT II DOCUMENTATION: INCLUDED j TO FOLLOW [J [J OMS/PURCHASING [J RISK MANAGEMENT [J / - ---CJ NOT REQUIRED [J DISPOSITION: AGENDA ITEM # ~/ Additional background: I recently was contacted by Mr. Bill Lowey, who needs no introduction to this commission, about the availability of a building that could accommodate some very special needs of the county i.e. affordable housing and both Pre- & Post-Disaster Services. Mr. Lowey has, at this time, verbal agreement with the Sheriffs Dept. to provide a labor force in conjunction with Habitat for Humanity employees to keep housing cost truly affordable. Mr. Miles Anderson, of DCA-Emergency Management, again someone who needs no introduction, is committed to helping this project succeed through continued grant funding through the Local Mitigation Strategy. In 1997, the Florida Department of Community Affairs (DCA) launched a $15 million program (Local Mitigation Strategy) to develop community-based hazard mitigation plans that would identify local risks and a wide range of risk-reduction projects and integrate hazard mitigation concepts into other local plans and policies. Current FEMA requirements: In 2000, Congress passed the Disaster Mitigation Act of 2000 (DMA2K), emphasizing local hazard mitigation planning. It requires every local government in the country to participate in a hazard mitigation planning process as a condition for receiving post- disaster mitigation funds. The division of DCA - Emergency Management - urges local officials to review their particular situation and make sure that their jurisdiction meets the standard for active participation. Failure to meet the standard will result in that municipality and its residents losing eligibility for the Federal Emergency Management Agency -sponsored Hazard Mitigation Grant Program (HMGP) and the Flood Mitigation Assistance Program. In addition, it could result in the loss of funding for state pass-through funds for Community Development Block Grants, the state Emergency Management and Preparedness Grant Program (EMPG), and local land purchases from the State Communities Trust Program, each of which gives points to projects the tare included in the LMS. Commissioners having come on the Commission in the wake of Hurricane Georges I can personally express the lack of preparedness in the area of actual ownership of a post disaster facility for the county. The opportunity that Mr. Lowey has brought to our attention only comes along so often - we can ill afford to not take advantage of this facility for a multiple of reasons. "an ounce of prevention is worth a pound of cure," in this case, I think that axiom speaks is multiplied a hundredfold. I would move we pursue this acquisition. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, PROVIDING FOR IMPLEMENTATION OF A DISASTER RECOVERY PLAN; ESTABLISHING A DISASTER ADVISORY WORKING GROUP AND PROVIDING FOR ITS MEMBERSHIP AND DUTIES; ESTABLISHING A RECOVERY TASK FORCE AND PROVIDING FOR ITS MEMBERSHIP AND DUTIES; PROVIDING FOR THE APPOINTMENT AND DUTIES OF DAMAGE ASSESSMENT TEAMS; AUTHORIZING THE SUSPENSION AND ORDERLY RESUMPTION OF DEVELOPMENT PERMITTING UPON AND AFTER A DECLARATION OF EMERGENCY; ESTABUSHING DEVELOPMENT PERMITTING POLICIES, PROCEDURES AND PRIORmES FOR POST-DISASTER RECOVERY AND REDEVELOPMENT AND PROVIDING FOR APPEALS; PROVIDING FOR THE ESTABLISHMENT OF HAZARD MITIGATION POUCIES TO REDUCE THE POTENTIAL FOR LOSS OF LIFE AND PUBUC OR PRIVATE PROPERTY AND LIMIT THE FUTURE UABIUTY OF THE COUNTY; PROVIDING FOR EFFECTIVE RESTORATION AND REDEVELOPMENT OF PUBLIC SERVICES, FACILITIES AND INFRASTRUCTURE; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES, AND PROVIDING AN EFFEcnVE DATE .~; , \ ~ Be it ordained by the Board of County Commissioners of Monroe County, Florida, as follows: 1. Short Title. This ordinance shall be known and may be cited as the Monroe County Post-Disaster Recovery and Redevelopment Ordinance. 2. Findinas. The Board of County Commissioners finds: /. (a) Section 252.38, Florida Statutes, requires each County to adopt ~ an emergency management plan and program that is coordinated and consistent with the state emergency management plan and program. (b) The County comprehenSive emergency management plan is required to reference any adopted local mitigation strategy, including but not limited to public awareness of community and Individual vulnerabilities, and methods to reduce them; structural hazard mitigation initiatives such as flood proofing, flood plain management projects, acquisition and demolition; and regulatory measures such as zoning and land development regulations. (c) Rule 9J-5.012(2)(e)2 of the Department of Community Affairs requires that the County shall analyze existing and proposed land uses in coastal high hazard areas, and measures which could be used to reduce exposure to hazards, including relocation, structural modification and public acquisition. (d) Rule 9J-5.012(3){c) of the Department of Community Affairs further requires that the County plan for post-disaster redevelopment, distinguishing between immediate repairs and cleanup necessary to the protection of the public health and safety, and long-term repair and redevelopment activities; addressing the removal, relocation or modification of damaged infrastructure; and limiting -20- tl v. avnt. .5Inf~ ' FEO j)t(a/ VSE . /}rf<.e,f ~(aI/m Post-Disaster Recovery I Redevelopment Plan #4:~; Ird. -h /lH~"'.J.. A. 8:11 /Jw~~ I a. Introduction. i. This document presents a plan for the management of redevelopment issues that Monroe County would or could face following a natural disaster resulting in significant property damage. The plan provides management and organizational structures and suggested policies and procedures to guide emergency permitting, build-back, and mitigation efforts. In addition the plan provides mechanisms for on-going coordination of various emergency and disaster management plans. In addition to the policies and procedures provided in this plan, it is the intention i . 've federal fun In for t u ort of s ecific a ivitie nvi ioned In t is P ~. ii. The post-disaster recovery/redevelopment plan is not an emergency response plan and is not intended to hinder needed~~ public activities required in an emer en re i uation. e restoration 0 ex IS Ing pu ic servIces occurs in the con e of the Emergency Management Plan, not in the context of this plan. b. Goal: Ensure integration and coordination of all disaster related planning i. Rationale. 1. There are a variety of public entities concerned about disaster response and disasters impact a number of community sectors and jurisdictions. Given the various interests and impacts, it is important that thereJ2e overall coordination of disaster lannin - in a county. The In e on 0 this section IS to provide mechanisms to ensure effective and efficient coordination. - Ii. Objective: Establish a Disaster Advisory Working Group 1. Overview. a. Purpose i. The purpose of the Disaster Advisory Working Group is to provide a single point of coordination for all disaster planning and response in the county b. Role i. The role of the Disaster Advisory Working Group is to ensure consistency of the County's planning for natural disasters. -6- I. Executive Summary a. Overview. This plan provides policies, procedures and guidelines for Monroe County when faced with redevelopment issues after a disaster. This plan is designed to complement the County's emergency management plan" but it is not a substitute for emergency response plans. Its purpose is to (1) ensure the County is prepared to address post-disaster redevelopment issues; (2) ensure the County is positioned to optimize federal funds to achieve long term redevelopment goals; and (3) ensure the economic and Quality of life issues involved in redevelopment are productively and fairly addressed. b. Goals of the plan. The plan addresses five goals significant for effective post-disaster redevelopment. i. Goal 1 is to develop an effective management structure for post-disaster planning. The plan formalizes existing working relationships into a Disaster Advisory Working Group (DAWG). The purpose of the Working Group is to ensure coordinated planning among various stakeholders and the various emergency and disaster plans of the county. The Working Group itself is a planning bOdy that meets on an as-needed basis. In an actual disaster recovery situation, a subset of the Working Group takes operational leadership. This subset is identified as the Recovery Task Force. ii. Goal 2 is to identify and develop the management tools needed for post-disaster recovery. iii. Goal 3 develops the various permitting poliCies and procedures that would be in effect during a disaster recovery period. iv. Goal 4 addresses hazard mitigation planning opportunities. v. Goal 5 addresses policies and procedures for public fadlities. -2- :'_~\. (n) Minor disaster means a disaster that is within the response capabilities of local government and to result in only a minimal need for state or federal assistance. /' (0) Recovery Task Force means a group of officials designated by and for V the purposes of this ordinance. (p) Replacement Cost means the estimated cost to repair, reconstruct, rebuild or replace a damaged structure. It will not include the following parts of a structure or items not considered a permanent part of the structure: building plans, surveys, permits, sidewalks, pools, screens, sheds, gazebos, fences, furniture and carpeting. (q) Structure means permanent improvements to property, but not including furniture, screens and carpeting. /' (r) V-zone shall have the meaning and shall be determined in accordance v with regulations of the Federal Emergency Management Administration. 4. Disaster Advisory WorkinG GrouD. (a) Upon the effectiveness of this Ordinance, and from time to time ..Jr" thereafter, the County Administrator shall appoint, reappoint, remove or replace r T those members Of tfle Disaster Advisory Working Group which are subject to the direction of the Administrator. Other members or advisory members from munidpal or other agencies, or otherwise not subject to the direction of the Administrator, shall be appointed by those agencies. The Council shall consist of all members of the Recovery Task Force, together with such other members as may be deemed appropriate by the Administrator; provided, that any municipality which is subject to the County emergency management program may appoint an advisory member. Any official appointed by virtue of his or her office or position may designate a representative to serve temporarily or permanently in their place providing the appointment is made in writing and approved by the Disaster Advisory Working Group Chair. (c) The Disaster Advisory Working Group will meet on a continuin and re ularly scheduled basis to discuss its s s an res accor I or in, n re an Issues associated with recovery from a major or catastrophic disaster. The Council's duties and responsibilities include, but are not limited to: ~1) overseeing the recovery and reconstruction process; (2) advising the Board of County Commissioners and the governing bodies of constituent municipalities on relevant recovery ana reconstruction issues; ~ ~ (3) identifying opportunities to mitigate future loss of life and property damage through the management of recovery and -24- '. redevelopment in areas of repeated damage; designating coastal high hazard areas and limiting development in those areas. (e) In Section 161.53, Florida Statutes, the Florida Legislature has declared that there is a tremendous cost to the state for post-disaster redevelopment in the coastal areas, and that preventive measures should be taken on a continuing basis in order to reduce the harmful consequences of disasters and emergencies. The legislature has further placed all of Monroe County in the "coastal building zone" under that Chapter. r: (f) Section 9 of Chapter 2002-296, Laws of Florida, has created I ~ection 163.3191(2)(m) of the Florida Statutes, providing that the ComprehenSive Plan of any jurisdiction within a coastal high hazard area must include an evaluation of "whether any past reduction in land use density impairs the property rights of ;4 current residents when redevelopment occurs, including, but not limited to, redevelopment following a natural disaster. The local government must identify strategies to address redevelopment feasibility and the property rights of affected residents. These strategies may include the authorization of redevelopment up to the I ~ctual built density in existence on the property prior to the natural disaster or ~edevelopment. " (g) Regulation of land uses in contemplation of post-disaster redevelopment cannot be implemented by emergency ordinance, but must be adopted with due public notice in advance of its effective date. (h) The Comprehensive Plan of Monroe County contains a number of objectives and poliCies which should be implemented and addressed by this Ordinance, including but not limited to: (1) Objective 217.2, providing for the adoption of a Post- Disaster Redevelopment Plan to address priorities for immediate recovery (see also Policy 216.1.14) and long term redevelopment including reducing the exposure of human life to natural hazards. (2) Policy 217.2.3, providing for identification of areas particularly susceptible to damage within the Coastal High Hazard Area such as the FEMA-designated V-zones and repetitive. loss areas, and calling for procedures for relocating or replacing public infrastructure away from such zones, where feasible. (3) Policy 217.2.4, limiting redevelopment in areas within the Coastal High Hazard Area particularly susceptible to repeated damage, as defined by the Post Disaster Recovery Plan. (4) Policy 217.2.5 and Objective 101.7, calling for identification of areas in need of redevelopment and the drafting of a redevelopment plan for each such area and procedures for implementing the redevelopment program upon damage or loss due to a natural disaster. (5) Policy 101.18.1 providing a procedure and criteria for determination of vested rights and beneficial use of land. -21- [continued from page 61 The head of the Federal Emergency Management Agency (FEMA), Washington, DC, h.1 announced the first 12 states to receive grants through the agency's Pre-Disaster Mitigation pH gram to help state, local and tribal governments protect lives and property by developing mull I hazard mitigation plans. These plans will soon be a prerequisite for receiving certain types of mil igation funding and disaster assistance. Under Secretary Michael D. Brown, of Homeland Security for Emergency Preparedness an Response, said Alabama, Colorado, Florida, Iowa, Missouri, Montana, Nebraska, North Carol in, North Dakota, South Dakota, Utah and Washington will each receive $248,375 to support dew' opmcllt of hazard mitigation plans that mcet FEMA guidelines. These funds constitute 75 pl'l cent of the anticipated cost of these plans. The remaining 25 percent represents a cost share (, be provided from a non-federal source. FEMA says a total of $3,308,820 has been granted to the Florida Division of Emergelll Management to assist the State and its 67 counties in up-dating their hazard mitigation plans. "One of our principal missions is to help reduce the loss of life and property due to disasters. Brown said. "Supporting comprehensive plans to reduce risks before a disaster strikes is the mo' effective way to meet that mission." Anthony S. Lowe, director of FEMA's Mitigation Division, said state and local hazard mitig;l tion planning is so important that it will soon be required for states to be eligible for pre- an, post-disaster mitigation assistance. "States that show they are serious about reducing risks through strong pre-disaster plannin, will be eligible to receive federal funds in the future to support their efforts," said Lowe. . utter is more than \rum of its parts. Every shutter is a complex assembly of moving parts. Each part has to be the highest quality for the shutter to work the best it can when you need it most. That's why Rollac Shutter of Texas offers you the highest quality parts at very competitive prices. ! The best hurricane protection can only come from the best parts. 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