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BCC Minutes 03/20/2006 W (Floodplain Management) March 20, 2006 TRANSCRIPT OF THE BOARD OF COUNTY COMMISSIONERS FLOOD PLAIN MANAGEMENT WORKSHOP Naples, Florida, March 20, 2006 LET IT BE REMEMBERED, that the Collier County Board of County Commissioners, in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in a FLOOD PLAIN MANAGEMENT WORKSHOP SESSION in the 3rd Floor Boardroom of the W. Harmon Turner Building in the Government Complex, East Naples, Florida with the following members present: CHAIRMAN: Commissioner Frank Halas Commissioner Jim Coletta Commissioner Fred Coyle Commissioner Donna Fiala Commissioner Tom Henning ALSO PRESENT: J ames Mudd, County Manager Joseph Schmitt, Administrator, CDES Robert Wiley, P.E., C.F.M., Principal Project Manager, Engineering Services William Lorenz, Director, Environmental Services Kris Van Lengen, Senior Planner, Comprehensive Planning Department Alexandra Sulecki, Coordinator, Conservation Collier Land Acquisition Program, Environmental Services Division 1 Colfer COUl1:ty (""'i"'!.r",~!:;..(IIl1~""'~~f,"""!"";~!"'':'''~~:;'!i;r,'';;':':~hA~''''':.__"I' I," ';'.,,,,,~ " ~:-Ji'!":" ~;,.~:: Board of County Commissioners Workshop Monday, March 20, 2006 9 a.m. -12 p.m. Boardroom, Third Floor K+: Harmon Turner Building Collier County Government Center At;ENDA . Introductions · Workshop Discussion for Higher Regulatory Criteria Additions to the Flood Damage Prevention Ordinance - Joseph Schmitt, Administrator, Community Development and Environmental Services Division and Robert Wiley, P.E., C.F.M., Principal Project Manager, Engineering Services Department · Consideration of policy options for property acquisitions under the Conservation Collier Program that will work strategically with the TDR Program and consideration of the Growth Management Plan policy that allows only private entities to generate TDRs - Alexandra Sulecki, Coordinator, Conservation Collier Land Acquisition Program, Collier County Environmental Services Dept. · Communications · Adjourn March 20, 2006 I. Call to Order The meeting was called to order at 9:00 AM with the Pledge of Allegiance by Chairman Frank Halas. II. Jim Mudd, County Manager, provided a brief introduction of the agenda: . Higher Regulatory Criteria Additions to the Flood Damage Prevention Ordinance. . Consideration of policy options for property acquisitions under the Conservation Collier Program that will work strategically with the Transfer of Development Rights (TDR) Program and consideration of the Growth Management Plan policy that allows only private entities to generate TDRs. Each of these items had previously been presented to the BCC which, because of their complicated nature, asked that they be brought back in this workshop forum. Commissioner Fiala asked Mr. Schmitt to develop and present to the BCC the impact on the cost of a house of the proposals being presented today. III. Joseph Schmitt, Administrator, CDES opened the discussion on the Flood Damage Prevention Ordinance. . On 9/27/05 the Community Development and Environmental Services Division presented the Flood Ordinance to the BCC, and implemented the flood insurance rate paths. . Included were proposals to improve the Community Rating System (CRS), the entire mitigation process for the flood insurance program. . These proposals have already been presented to the Development Services Advisory Committee (DSAC - on January 4,2006 and February 1,2006) and the Collier County Planning Commission (CCPC - on February 16,2006). Their recommendations on specific proposals are included in today's presentation. IV. Robert Wiley, Principal Project Manager, Engineering Services, gave a detailed presentation of some of the areas of higher regulatory criteria within the CRS that are available for adoption, to enable the BCC to consider including them in the County's Flood Damage Prevention Ordinance. . The objective of the proposed additions to the Ordinance is to: o Make the community more resistant to flooding. o Enable those who are covered by the National Flood Insurance Program to qualify for discounted rates on their flood insurance premiums. . Collier County is a participant in the Community Rating System of the National Flood Insurance Program: o Participation allows County property owners to receive flood insurance premium discounts based on the County's level of effort to improving the community's flood resistance. o Participation is voluntary. 2 March 20, 2006 . The Community Rating System measures a community's flood resistance activities using "Credit Points." o There are 18 CRS activity categories and a total of 14,668 Credit Points available. o Collier County's current Credit Point score is 1,692. o Many CRS activity categories that have large Credit Point totals are not available to Collier County. An example is "Levee Safety," which has potentially 900 Credit Points, but Collier County has no levees. o Categories have been reviewed to determine where it makes sense to modify some current practices in Collier County to improve flood resistance and also improve the County's Credit Point score. o Activities with significant potential for increased scoring are the following: . 340 (Hazard Disclosure) . 430 (Higher Regulatory Standards) . 450 (Stormwater Management) . All "400" series activity category scores are multiplied by the Community Growth Adjustment Factor of 150% based on Collier County's high growth rate. . The areas in which Collier County has the potential to improve its flood resistance and improve its Credit Point score are the following: 1. Freeboard o Build a house at an elevation above the absolute minimum required in the National Flood Insurance Program. o Serves as a safety factor and reduces flood insurance premiums. o Applies to the lowest floor elevation, including basement, electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities, including duct work. o Typical cost from surveyed builders for a 3,000 square foot house for one foot of freeboard would be roughly $5,500, or $1.83 per square foot. o One foot of freeboard enables a house to blend in with a community, not stand up abnormally high. o For a $200,000 house, annual flood insurance premiums would be reduced from $645 to $415 with one foot of freeboard. This 35% flood insurance cost reduction would pay for the freeboard in less than the life of the mortgage. Commissioner Halas noted that most homes around the coastal area are already taking advantage of freeboard. Mr. Wiley noted that was not necessarily freeboard, it may have been done to attain the base flood elevation requirement. He also indicated that many builders are already building one foot higher than necessary to improve moisture conditions in the house. 3 March 20, 2006 Commissioner Fiala asked if the benefits of freeboard would apply to all homes. Mr. Wiley responded that this applies only to homes within a flood zone area as per the flood insurance map adopted by FEMA (zones identified by the letters "A" and "V.") Commissioner Coyle asked if this applies to the municipalities (the City of Naples and the City of Marco). The answer is that it does not, they have their own Ordinances. o The damage from a major flooding event can easily amount to $25,000 to $100,000 per flooded building, and Freeboard would help to protect against that. Another advantage is that a building above the flood level is usable for returning occupants. o Potential CRS credit: up to 100 points. o DSAC did not recommend approval over concern about the high cost incurred for each structure. o CCPC recommended approval. 2. Foundation Protection o Specifies that buildings built on fill must be constructed on properly designed and compacted fill (ASTM D-698 or equivalent) that extends beyond the building walls before dropping below the base flood elevation. o This protects against erosion, scour and settling. o Typical cost for a house would be less than $1,200. Commissioner Fiala expressed concern that this would negatively impact older neighboring homes, causing water to run off of the property of new homes onto the property of older homes. Commissioner Henning also expressed the concern that using fill to raise the level of a home would send water run-off to neighboring homes. Commissioner Coletta noted that there is an Ordinance requiring homeowners to retain storm waters. Mr. Wiley clarified that the Ordinance (01-27) does not require homeowners to retain storm waters, but to direct them toward a swale or draining system. Commissioner Coyle noted that this does not apply to just large developments; it applies to any new home. If fill is not used, very high walls are built adjacent to a smaller structure which people typically don't like. Mr. Wiley noted that Foundation Protection is dealing only with compaction, not with the high wall issue. 4 March 20, 2006 o Potential CRS credit: up to 20 points. o DSAC and CCPC recommended approval. 3. Lower Substantial Improvements Threshold o The National Flood Insurance Program requires that if a structure has a building elevation below its required NFIP elevation level and suffers damage equal to or greater than a threshold level (the default threshold level is 50% of the value of the house, not including the value of the land), the building elevation must be made compliant with the NFIP elevation level. o If the threshold level is made slightly tougher by lowering it to 49%, FEMA CRS credits can be obtained without having a significant impact on required improvement costs. o Potential CRS Credit: 10 points o DSA C and CCPC recommended approval. Mr. Mudd noted that the objective of this activity is to obtain 308 additional CRS Credit points. Adding 308 points to the County's current 1,692 point total would bring the new total to 2,000, a threshold at which flood insurance rate discounts would increase from the current 15% to 20%. Commissioner Fiala asked about other categories for CRS Credit points that are not on the list being discussed today. Mr. Wiley noted that, while some of the categories would not apply to Collier County, other categories are being studied. Also, making a particular change does not assure receiving the full potential number of CRS Credit points, so it is necessary to try to obtain extra points. Ultimately, it is hoped that Collier County can obtain enough CRS Credit points to qualify for a 25% flood insurance rate discount. 4. Cumulative Substantial Improvements o The total of all improvements, modifications, additions, reconstruction and damage repair to a non-compliant structure made over the previous five years are added together in calculating compliance with the Substantial Improvements Threshold. This applies to any work that requires a building permit. o Potential CRS credit: up to 70 points. o DSA C did not recommend approval, as the building industry is concerned that the cumulative factor might cause some people to delay making some construction decisions. o cepc recommended approval. Commissioner Coyle noted that this would stop manipulation of the process where people can expand their home to just below the 50% threshold each year and not be required to bring the home within compliance. 5 March 20, 2006 s. Protection of Critical Facilities o Critical facilities are defined as government emergency services including fire stations, sheriff stations, EMS stations, the Collier County Emergency Operations Center, emergency evacuation centers, hospitals, water treatment plans, pump stations, wells, wastewater treatment plants and pump stations, electrical power substations and telephone communications centers/switching stations. o Within the Special Flood Hazard Area there are approximately: . 26 schools . 14 fire/EMS stations . 2 hospitals . The Collier County Emergency Operations Center o These facilities should be protected to at least the recommended Freeboard elevation of raising one foot in elevation. o Potential CRS Credit: 50 points. o DSAC and CCPC recommended approval. Commissioner Coyle asked what would have to be done in the case of existing facilities that don't meet the proposed new levels. Mr. Wiley responded that these facilities would not have to be replaced, but as improvements to them are made, mandatory floodproofing would be required and critical equipment would have to be raised. New facilities would have to be compliant. Commissioner Coyle asked about electrical power and telephone communication facilities that Collier County does not control. Mr. Wiley responded that he has discussed this with utilities representatives, and they are supportive of the proposed new requirements. They just want some direction from the County. Commissioner Coletta suggested requiring the gas stations have generators so they can pump gas when power is out. Mr. Wiley noted that this can be done, but it wouldn't generate any CRS Credit points. The Commissioners unanimously agreed that requiring gas stations to have generators should be added to the Ordinance. Commissioner Coyle proposed requiring food stores to have generators. Publix has already announced that they are doing this. The Commissioners unanimously agreed to this. 6. Protection of Floodplain Storage Capacity 6 March 20, 2006 o The placement of fill, especially in areas outside of planned developments with stormwater management systems, reduces the volume of existing storage for rainfall runoff. o This can have substantial impact on older existing buildings and overland drainage patterns as vacant land is filled. o This regulation would require the provision of compensating storage similar to what is already required for some larger developments. o The typical cost is less than $1,000. o Potential CRS Credit: up to 70 points. o DSA C did not recommend approval. o CCPC recommended approval. 7. Manufactured Home Parks o Current regulations in Collier County allow manufactured homes in existing manufactured home parks to be installed at elevations that may be below the base flood elevation. o This requirement would eliminate that provision and would require all manufactured homes to meet the base flood elevations (plus freeboard). o There are approximately 50 existing mobile home parks in Collier County that may be affected. o Most elevation increases would be I to 2 feet, with only a few in the 3 to 4 foot range. o Typical cost to comply is less than $1,000. o Potential CRS Credit: up to 50 points. o DSA C and CCPC recommended approval. 8. Stormwater Management Facilities Inspection and Maintenance o There is a long history of lack of maintenance of stormwater management facilities in Collier County. o Proper maintenance reduces the potential for flooding and allows the designated stormwater management systems to provide water quality treatment. o Much of this effort could be included in the County's PUD Monitoring Report. Non-PUD developments would have to take on this added responsibility. o Additional County staff would be needed to administer the program. o This would ensure that stormwater systems function as designed and permitted. o Costs will vary greatly depending on the size, complexity, age, condition and availability of reliable construction plans for each development. It is assumed that the cost would be $3,000 and up for the initial year, with reductions in later years. o To qualify for CRS Credit, FEMA requires annual inspections of stormwater systems in new developments. 7 March 20, 2006 o FEMA doesn't address stormwater inspections in existing developments. It is recommended that these be inspected every two years. o County program staffing costs are estimated at approximately $330,000 annually. o Potential CRS Credit: up to 110 points. o DSA C and CCPC recommended approval. Commissioner Fiala asked about older communities with no Master Associations - who would handle improvements and inspections for these? Mr. Wiley noted that these are the County's maintenance responsibility. Break 10:36 AM Reconvened 10:51 AM 9. Flood Hazard Disclosure o Currently sellers of property and owners of rental property located in a special flood hazard area are not required to notify purchasers and renters that the property is located in a flood zone and requires flood insurance. For homes located in a flood zone, mortgage lending institutions are required to notify the purchaser at least ten days prior to closing that the purchaser must buy flood insurance. Renters are not required to have flood insurance for the structure, but flood insurance is available on the contents of the building. o It is recommended that sellers of property and owners of rental property located in a special flood hazard area be required to notify purchasers and renters that the property is in a flood zone and requires flood insurance. It would be the responsibility of sellers and landlords to complete a form that the realtor would provide to potential purchasers and renters when they request correspondence about the property or when they first view the property. o The Naples Area Board of Realtors and Marco Island Realty Association support this concept. Commissioner Halas suggested noting on the form that the property is currently covered by flood insurance. o Potential CRS Credit: up to 71 points. o DSA C and CCPC recommended approval. 10. Other Higher Standards - No Floodproofing o This requires Elevation of non-residential structures within the Special Flood Hazard Area instead of Floodproofing them. This is an issue even when floodproofing systems have been installed because over time they often are not properly maintained. o There would be certain exemptions such as car wash bays. 8 March 20, 2006 o There is some concern that people with disabilities might find it burdensome to access higher structures in compliance with the Americans with Disabilities Act. Expensive ramps or elevators might have to be provided. o Potential CRS Credit: up to 10 points. o DSA C and CCPC did not recommend approval. o CCPC did recommend mandatory maintenance and inspection of floodproofing systems. 11. In Summary o Staff recommends approval of all the requested Higher Regulatory criteria to not only provide a more flood resistant community, but to also increase the CRS credit score and advance the County to the next CRS community class for a 20% reduction in flood insurance premiums. o Staff requests the Board of County Commissioners' approval and support of the requested Higher Regulatory criteria for inclusion in the County's Flood Damage Prevention Ordinance. 12. Recap of Higher Regulatory Standards 1) Freeboard - up to 100 points 2) Foundation Protection - up to 20 points 3) Lower Substantial Improvements Threshold - 10 points 4) Cumulative Substantial Improvements - up to 70 points 5) Protection of Critical Facilities - up to 50 points 6) Protection of Floodplain Storage Capacity - up to 70 points 7) Manufactured Home Parks - up to 50 points 8) Stormwater Management Facilities Inspection and Maintenance - up to 11 0 points 9) Flood Hazard Disclosure - up to 71 points 10) OHS - No Floodproofing - up to 10 points 11) Total possible requested points - 561 points 12) DSAC's recommendations - 311 points 13) CCPC's recommendations - 551 points Mr. Mudd responded to Commissioner Fiala's earlier question concerning the impact of the proposals presented today on the cost of a house. o For a 2,000 square foot residence that is not on County water and sewer the impact fee today is $12,013. If the proposals presented today are adopted, impact fees would increase by $6,200 to a total of $18,213. o For a 2,000 square foot dwelling on County water and sewer the impact fee today is $18,298. If the proposals presented today are adopted, impact fees would increase by $6,200 to a total of $24,498. Commissioner Coyle indicated his agreement with recommendations 1 through 9 (directing CDES to come back with an amendment to the County's Flood Damage Prevention Ordinance to include these recommendations in that Ordinance) and 9 March 20, 2006 to investigate further item number 10 and any other potential recommendations for inclusion in the Flood Damage Prevention Ordinance, and to bring these back to the BCC for their consideration. All the Commissioners agreed. Mr. Mudd noted that two other follow-up items were identified today: o Requiring gas stations and grocery stores to maintain generators to enable them to operate during times of power outages. o Requiring owners of property in flood hazard zones to notify potential purchasers orrenters of their property that it is in a flood hazard zone at the time that discussion of such transactions is initiated. V. The second agenda item was discussed: Consideration of policy options for property acquisitions under the Conservation Collier Program that will work strategically with the Transfer of Development Rights (TDR) Program and consideration of the Growth Management Plan policy that allows only private entities to generate TDRs. . Kris Van Lengen, Senior Planner, Comprehensive Planning Department, discussed the following issue: Should the Growth Management plan be amended to allow government owned lands to sever and sell TDR credits? At the present time the Growth Management Plan limits TDR severance to private land owners. o There are approximately 20,000 acres in public ownership and approximately 20,000 acres in private ownership eligible for TDR severance. o Adding publicly owned lands would increase TDR supply, and could result in lower overall prices per TDR. o There might be a higher degree of build-out in Receiving areas due to the increased number of TDRs in the market. Commissioner Coletta indicated that he does not want to see county owned land have TDRs that can be severed. It would dilute the program and harm those people that the TDR program was intended to make whole. He also noted that, as Commissioner Henning earlier proposed, if the County has lands coming to it through Conservation Collier, before that land sold the price should be reduced and the TDRs be severed to the County. . Alexandra Sulecki, Coordinator, Conservation Collier Land Acquisition Program, Environmental Services Division, recapped some of the points in the Executive Summary: o Sending Lands with TDRs attached were made a target protection area in the original Conservation Collier Ordinance. That Ordinance directs Conservation Collier to solicit those owners. o The TDR program developed in a parallel track as Conservation Collier, and there was no experience as to how these programs might interact and to what effect. 10 March 20, 2006 o Conservation Collier acquisition permanently extinguishes development rights. o Concerns arose during Conservation Collier development that led to Conservation Collier not becoming a TDR holder and seller. o As a result, Conservation Collier might pay for TDR credits as part of the purchase price of lands being purchased and then extinguish them and lose their value. o In January, 2005, the BCC directed the Conservation Collier Committee to determine how to remove TDR credits before purchasing lands for conservation. o The Conservation Collier Committee discussed this subj ect in March, 2005 and found two positives with removing the TDRs: strategically they didn't want to compete with the TDR program or reduce the amount of credits that exist, and it saves the County money when someone separates the TDRs before selling land to the County. o The Conservation Collier Committee was concerned that a TDR policy could potentially chill some smaller land owners who might not want to go through the multi-step process of severing the TDRs and then selling the land itself, resulting in the County's inability to obtain desired parcels. o In January, 2006 the Conservation Collier Committee discussed this topic again and made the following recommendations: . Remove Sending lands from target protection areas. These would still be eligible but would not be actively sought. . Change the Purchase Policy to require the removal of the first two (Base and Early Entry) TDR Credits and have appraisals reflect the property value without those. With this action the County would pay less and keep the steps for the owners at a minimum. . Change the scoring matrix to give added points to properties where owners have removed TDR credits. That would provide some incentive to also separate the third and fourth TDRs. Commissioner Henning stated there is more valuable land outside of the fringe, and they shouldn't be competing with the fringe TDR program. Commissioner Coyle suggested that the County could buy land with TDRs and then sell those TDRs, removing the burden of selling them from the land owner and ending up paying the same net price for the land. Ms. Sulecki responded that the Ordinance says that when the County purchases property its TDRs are immediately extinguished. She suggested changing the purchase policy to say to the owner that the County would purchase property only if the owner were willing to remove the first two TDRs. Commissioner Coletta noted that the market for transferring TDRs is working, and the County should not get involved except in those instances where it buys land for conservation from time to time. Then the County should tell the sellers 11 March 20,2006 that they have to sever whatever TDRs are reasonable to sever for the County to consider the purchase of the land. Ms. Sulecki said that the Conservation Collier Committee members think that it is reasonable to require people to remove the first two TDRs, and to provide incentive to remove the third and fourth TDRs. Commissioner Henning said the system works and they should stay out of it, not compete and drive up the market price for TDRs. Commissioner Coyle asked for agreement that the Commissioners don't want to see the taxpayer's money going to overpay for land and then the TDRs are just extinguished. The Commissioners unanimously agreed. There was discussion about the cost to the County of removing exotics from Sending Lands - this cost is not currently reflected in the appraisal. It was recommended that the cost of removing exotics from Sending Lands should be reflected in the appraisal or, if the appraiser is unable to do this, staffwill have to develop an estimate for exotic removal to be negotiated with the seller. The Commissioners unanimously agreed. Environmental Services staff is directed to come back to the BCC with the formal proposed changes. ***** There being no further business for the good of the County, the workshop was concluded by order ofthe Chair at 11 :51 AM. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~~/ Chairman Commissioner Frank Halas ATTEST: DWIGHf 6:.~:O~K) CLERK , ~ -. " ... , as presented v 12