Agenda - 04-21-2009 - 5b - Laserfiche WebLink

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72 Glenn Bowles: You are correct Michael Harvey: We have been directed to address the County Attorney's concern and this is the method we are using. Judith Wegner. On page 47, part I, Section 1.5 reads Provisions of this ordinance adopted do not apply to bonafide farms as defined except as follows; in a non-farm use of farm property, which is outside the zones. It looks the County Attorney has crafted this to be spedfic to say that no, you don't have to comply with the rest of the zoning provisions, however, as I understand it, in order for unto be compliant, he has carved an exception saying that so far as the fads require it of you in a bonafide farm, which we cannot tell the fads. 1 think it is a reasonably well crafted way to try to make an exception to honor the statues and the obligation if we want people to have eligibility. Jeffrey Schmitt: I would like to publicly thank Glenn. Several of my neighbors received this post card and I got calls so I came to Glenn and he gave me six or seven pages as an explanation. There have been some excellent points brought up. If we decided or recommended to the board that we do nothing, what is the downside? Glenn Bowles: The County Board can take the non-vote and take it into consideration when they do what they have to do. If we do nothing at all and just make FEMA changes, we would have to go bads to Public Hearing because they were very specific about what we were and were not changing. Jeffrey Schmitt: What is the implication to the 35 who have flood insurance? Glenn Bowles: If the programs were suspended and they wanted to buy flood insurance, they now have been grandfathered in; they would not qualify for preferred rates. It may double the premium. Jeffrey Schmitt: So it is in the interest of the people who have building that are in the flood plane as defined by FEMA for us to make these changes otherwise, their insurance cost to the Federal government could potentially double. Tommy McNeill: What is the impact of what Samantha is discussing? How does that change the dynamics of your presentation? What is the impact of her statements in regards to the changes? Glenn Bowles: Should that private road been non-existent last year and they wanted to build it today, they would have to get a no rise certificate through FEMA. I am only involved in seeing it and signing off on the findings of the engineer or surveyor. All the work is approved at a federal level. We, as staff, are only involved if we see a situation like that, we make sure the owner knows the ramifications of the situation. There have been four studies done and a fifth on my desk today. Our involvement is minimal. We don't require these unless we see a violation. Jeffrey Schmitt: Is it possible to write a dause to address Samantha's question. I have a stream running through my property and while it is not designated, let's say hypothetically does, and say that t have a road that goes through: it with a small covert that has not flooded out It appears from the discussion that I wanted to add an inch of gravel to that road; I would have to incur fairly significant costs from a study? Glenn Bowles: Yes. Jeffrey Schmitt: That is not right. We have to accommodate them making some modification that road without spending $30,000. That is part of the obligation this board has. MOTION made by Judith Wegner to recommend to the Board of County Commissioners that they adopted the proposed ordinance that begins on page 47. We request staff to review whether additional modifications may be warranted in Section 6.32.6 and Section 6.32.7 to provide waivers of requirements of extensive engineering studies in the event of the need to introduce fill but have minimal impact on other properties in the area. Seconded by Larry Wright. Judith Wegner: My reasons are taking something that has been one format into another format so it is not a matter of introducing new added requirements but simply trying to conform to the FEMA requirement even if it is silly. I think people are entitled to have flood insurance. I appredate what is said about farms but I think the