Agenda 04/22/2014 Item #16A21 4/22/2014 16.A.21.
EXECUTIVE SUMMARY
Recommendation to endorse a Collier County-sponsored initiative for the development of a
statewide coalition to address Federal Emergency Management Agency(FEMA) issues impacting
Florida local governments and their citizens,and to approve accompanying Resolution.
OBJECTIVE: For the Board of County Commissioners (BCC)to review and endorse a Collier
County plan that includes reaching out to state and federal elected officials, as well as to Florida
local governments, state agencies and other entities with common FEMA issues,to build support
for formation of a coalition of those impacted negatively by FEMA actions and inactions. The
strategy the BCC is being asked to approve includes inviting similarly affected local
governments and organizations to a workshop in June 2014 in Orlando to be held in conjunction
with a Florida Association of Counties (FAC) Annual Conference. An initiating letter and
proposed resolution are attached.
CONSIDERATION: Collier County staff is pursuing a corrective response that reverses
FEMA's deobligation of more than $11.1 million in funding previously approved by both the
Florida Department of Emergency Management (FDEM) and FEMA. The funds were awarded
to Collier County in response to damages from Hurricanes Katrina and Wilma in 2005. This
deobligation is part of the "Disallowed Cost Initiative"program which was instituted by FEMA
on November 16, 2011. The goal of this program was to recover $800 million in previously
obligated funds. Through 2012, more than 200 cities, counties, schools, state agencies and a
myriad of other organizations throughout Florida have experienced approximately $275 million
in deobligations.
In addition, Collier County is experiencing difficulty with FEMA over the agency's handling of
floodplain map review and approval. Collier County has spent more than $400,000 to update
floodplain basins information. FEMA has now indicated that it lacks adequate funds to review
updated Collier County floodplain maps.
Collier County has not been successful in addressing FEMA problems on its own. The intent is
to engage in a conversation with others having comparable issues with FEMA and possibly
forming a statewide coalition of those with unified common problems. The goal is to most
effectively and efficiently resolve conflicts with FEMA. With the assistance of FAC and The
Ferguson Group (TFG), Collier County is seeking BCC approval to reach out and address FEMA
concerns with state and federal legislators as well as other affected municipalities and
organizations.
FISCAL IMPACT: There is no fiscal impact associated with this executive summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this executive summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality,and requires majority support for approval. -JAK
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4/22/2014 16.A.21.
RECOMMENDATION: That the BCC reviews and approves the proposed CoIIier County
strategy and resolution to form a coalition to address issues of concern with FEMA and solicit
support from state and federal elected officials. The BCC is being asked to endorse the following
plan:
I Identify Stakeholders and Supporters in the State of Florida
• Collier County intends on building a coalition of those with commonalities in FEMA
experience.
• Identify other Florida local governments and organizations with similar FEMA
deobligation and floodplain map review issues.
II Engage Congressional Delegation Members as well as members of the Collier County
Legislative Delegations and the Southwest Florida Legislative Delegation
• Request support for unified coalition to meet and discuss FEMA.
• Schedule meetings with elected representatives at their convenience to brief on FEMA
issues and provide status reports.
III Coordinate with FAC to orchestrate a FEMA Workshop in conjunction with FAC
Annual Conference in Orlando in June 2014.
• FAC has offered to assist in organization and staging this workshop. They will distribute
invite letters (attached) to the FAC membership, to the Florida League of Cities
membership,and to other identified stakeholders.
• Collier County staff has crafted a Resolution, a workshop agenda and a background
bullets document to accompany the invite letters.
• FAC is coordinating with FDEM officials to request the state agency's involvement in
the workshop.
• Outcome of the workshop is to coalesce which will determine next steps.
IV If necessary, Collier County officials will travel to meet with FEMA officials in
Atlanta and/or Washington, D.C. to further address issues of concern. Meetings were
held at FEMA Region IV in Atlanta in July 2013.
Prepared by:J. Gary McAlpin,P.E. -Growth Management Division
Attachments: A) FEMA Workshop Agenda; B) Invite Letter to stakeholders; C) Collier County
Resolution re FEMA;D)Background regarding FEMA Issues
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4/22/2014 16.A.21.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.21.
Item Summary: Recommendation to endorse a Collier County-sponsored initiative for the
development of a statewide coalition to address Federal Emergency Management Agency
(FEMA) issues impacting Florida local governments and their citizens, and to approve
accompanying Resolution.
Meeting Date: 4/22/2014
Prepared By
Name: HambrightGail
Title: Accountant, Coastal Zone Management
3/31/2014 1:59:01 PM
Submitted by
Title: Accountant,Coastal Zone Management
Name: HambrightGail
3/31/2014 1:59:02 PM
Approved By
Name: McAlpinGary
Title: Manager-Coastal Management Programs, Coastal Zone Management
Date: 3/31/2014 3:32:01 PM
Name: LorenzWilliam
Title: Director-CDES Engineering Services, Comprehensive Planning
Date: 3/31/2014 4:41:53 PM
Name: Tara Castillo
Title: Management/Budget Analyst,Road Maintenance
Date: 4/1/2014 10:45:01 AM
Name: KearnsAllison
Title: Manager Financial &Operational Support,Transportation Administration
Date: 4/4/2014 1:50:24 PM
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4/22/2014 16.A.21.
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 4/4/2014 3:10:32 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date:4/8/2014 2:59:08 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 4/9/2014 1:33:01 PM
Name: OberrathKaren
Title: Accountant, Senior,Grants Management Office
Date: 4/11/2014 8:42:01 AM
Name: GreeneColleen
Title: Assistant County Attorney,CAO General Services
Date: 4/14/2014 8:11:51 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/14/2014 9:15:15 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 4/14/2014 10:13:08 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 4/14/2014 1:20:30 PM
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4/22/2014 16.A.21 .
Attachment "A"
Co er Couv[ty
Collier County&
Florida Association of Counties (FAC)
FEMA Workshop
Orlando
June 2014
AGENDA
I Welcome&Introduction by Collier County officials&administration,Florida
Department of Emergency Management(FDEM) representatives&FAC legislative
advocates.This workshop is intended to initiate conversation and address
common issues of concern with the:
FEDERAL EMERGENCY MANAGEMENT AGENCY(FEMA)
II Recognize federal&state officials in attendance,including members of the
Congressional Delegation,the Collier County Legislative Delegation,and the
Southwest Florida Delegation.Request their support in addressing FEMA issues on
behalf of the communities they represent
III Acknowledge guests&speakers: FAC,Florida League of Cities,National
Association of Counties (NACO),others
IV Event Triggering Collier County's Invitation:summary of Collier County's specific,
existing issues&understanding that other jurisdictions may be facing similar issues
V Identify&define FEMA issues
• Deobligation
• Floodplain Mapping
• Others
VI Explain&discuss the goal of forming a coalition of FEMA-impacted communities,local
governments,state agencies&other affected entities in Florida.Invite each to present
their respective concerns&experience with FEMA
VII Discuss plausible solutions&corrective measures through a unified,
collaborative strategy that focuses on results for citizens we represent
VIII Identify next steps
IX Conclusion&schedule future meetings,communications&conference calls
X Adjourn
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4/22/2014 16.A.21.
RESOLUTION NO. 2014 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
EXPRESSING SUPPORT FOR A STATEWIDE COALITION TO
ADDRESS FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)
ISSUES THAT CRITICALLY IMPACT CITIZENS INCLUDING
DEOBLIGATION AND FLOODPLAIN MAPPING.
WHEREAS in accordance with the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, the Federal Emergency Management Agency (FEMA) provided billions of
dollars of disaster assistance over the last decade to municipal and county governments, schools,
state agencies,and non-profit organizations; and
WHEREAS this FEMA assistance was instrumental in the ability of communities and
organizations throughout the state, including Collier County, to recover and rebuild from the
extraordinary damages suffered from presidentially declared major disasters in this period,
including Hurricanes Charley, Frances, Ivan, Jeanne, Dennis, Katrina, Wilma, Gustav, and Isaac,
and Tropical Storms Gabriella, Fay and Debby; and
WHEREAS FEMA has executed a "Disallowed Cost Initiative" program since
November 2011 that has resulted in the agency taking back approved and awarded funds to
disaster-impacted communities throughout Florida; and
WHEREAS municipal governments, schools, state agencies and other organizations
throughout the State of Florida have suffered FEMA deobligations totaling about $275 million;
and
WHEREAS according to the Florida Department of Emergency Management (FDEM)
the goal of FEMA was to recover$800 million. Florida's total represents about 40 percent of that
FEMA goal; and
WHEREAS Collier County-engineered public beaches suffered extensive erosion due to
Hurricane Wilma in 2005, and after extensive review by FDEM and FEMA, FEMA awarded
disaster assistance $13,873,470 in disaster assistance to Collier County in 2009 and 2010 to
restore these beaches; and
WHEREAS years after FEMA awarded these funds, the federal agency revised the
allowable costs that could be obligated among the three storms that affected Collier's beaches
over a 10-year period and deobligated $11,095,283.52 in funding that had already been spent;
and
WHEREAS the County appealed this deobligation to FEMA, but despite the 90-day
period allowed by FEMA's regulations for FEMA to determine appeals, FEMA has taken no
action even though 270 days have elapsed since the appeal was fully submitted; and
WHEREAS floodplain mapping changes are also a critical concern to residents of
Collier County and of other communities across the State of Florida; and
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4/22/2014 16.A.21.
WHEREAS FEMA regulations require that remapping occurs when new and more
accurate information is available and provided by a community to FEMA; and
WHEREAS Collier County has expended significant effort and funding — in excess of
$400,000—to conduct studies to correct outdated maps;and
WHEREAS Collier County floodplain studies show thousands of homes have been
incorrectly placed in Special Flood Hazard Areas due to outdated information; and
WHEREAS FEMA has indicated that due to a lack of adequate federal funding, the
agency cannot review and remap the county's flood zone-designated areas despite Collier
County's submission of data; and
WHEREAS FEMA's inability to update county flood zone designations with more
accurate information available will be costly to the residents of Collier County, and similar
challenges may be faced in other communities across the State of Florida;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
The Board supports the creation of a statewide coalition to identify comparable
deobligations and processing delays experienced by other Florida communities in dealing with
•
FEMA, and to discuss whether common strategies may exist to address them.
The Board recognizes that a common platform delivered with a unified voice will be
more effective in addressing FEMA issues of critical concern.
The Board endorses requesting that federal and state elected officials support and assist
Collier County in addressing these problems with FEMA on behalf of our citizens.
The Board agrees to consider mutually-acceptable solutions generated by the statewide
coalition to address common areas of concern with FEMA.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 22th day of April, 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY,FLORIDA
By: By:
, Deputy Clerk Tom Henning, Chairman
Appr.vc• . - and legality:
..' ,
Jeffrey • tz ow,County Attorney
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