2013-0208
INTRODUCED BY: PAUL J. HOGAN, PE, COUNCILMAN, DISTRICT IV
ORDINANCE NO. 13-7-9
Title
An ordinance directing the Parish Administration to expeditiously begin the process to identify the design requirements required by FEMA and any other authorizing agencies needed to effectuate the lowering of the base flood elevations within the Sunset Drainage District and to subsequently fast-track the design, and construction of 1) a replacement bulkhead or any other necessary related improvements in Des Allemands along Bayou Des Allemands between the Sunset Drainage District Levee (SDD) and a point toward the north to be identified during the design phase to an elevation to be determined needed to effectuate the lowering of the BFE's, 2) a floodwall along Badeaux Lane East with a certifiable floodgate crossing LA 306 built at a height for future elevation improvements with the floodwall tying into the SDD levee on each end at an elevation to be determined needed to effectuate the lowering of the BFE in this area, or an alternate type of project to accomplish the same end result in this area, 3) a hump in Highway 90 at the Paradis Canal with associated levee or other flood protection improvements as needed to provide for an adequate elevation needed to effectuate the lowering of the BFE's from the SDD levee just south of Highway 90 to a point to be determined adjacent to LA 631, and 4) the raising of the crown of the SDD levee to elevations to be determined needed to effectuate the lowering of the BFE's, with all of these improvements being necessary to provide closure and flood protection to the District at elevations determined to be needed to effectuate the lowering of the BFE's in addition to simultaneously reducing the risk of flooding to the SDD; with funding to be provided for out of the Westbank Hurricane Protection Levee, Fund 310.
Body
WHEREAS, this ordinance shall be known as the "2013 Closure Ordinance"; and,
WHEREAS, the Sunset Drainage District (SDD) is comprised of roughly 10,500 acres located on the Westbank of St. Charles Parish (SCP);and,
WHEREAS, the towns of Paradis, Des Allemands, and Bayou Gauche are located within the SDD; and,
WHEREAS, the majority of the structures built within the SDD were constructed at a minimum height of 12" above the street per Parish requirements; and,
WHEREAS, the Parish height requirement was adopted as a standard for this area due to it being located within an X-flood zone as shown on the May 2, 1983 and the revised June 16, 1992 Flood Insurance Rate Map (FIRM) Community Panel Number 220160 0175C provided to the Parish by the Federal Government; and,
WHEREAS, the overwhelming majority of the structures in the SDD were built at extremely low elevations as a result of following all Parish requirements in addition to the historical and current effective FIRMs put out by the Federal Government which were adopted by St. Charles Parish; and,
WHEREAS, on December 6, 2012, revised preliminary Flood Insurance Study (FIS) and the revised preliminary Digital Flood Insurance Rate Map (DFIRM) for SCP was presented; and,
WHEREAS, the proposed Base Flood Elevations (BFE) are well above the majority of the finish floor elevation of the residential structures within the SDD; and,
WHEREAS, the difference between the BFE and the finish floor elevation of the majority of homes in the SDD are such that the flood insurance rates are not affordable; and will result in many homeowners facing foreclosure; and,
WHEREAS, many residential property owners in this area in particular have been told that their actuarial risk-based premium rate are anticipated to increase over 4,700% over a 4 to 5 year period which equates to a premiums of over $12,000 per year with some increases to exceed $28,000 per year as we have come to learn; and,
WHEREAS, such astronomical premium rate increases will result in an extreme number of individuals losing their homes to foreclosure; and,
WHEREAS, these properties will not be marketable by the banks due to the astronomical premium rate increase resulting in vacant homes throughout the SDD; and,
WHEREAS, properties that cannot sell will result in the lowering or the evaporating of property values within the SDD and the lowering of property taxes to SCP; and,
WHEREAS, banks holding onto properties which are not sellable will have a negative impact on the banking industry; and,
WHEREAS, the Assessor has advised some home owners that his office is putting together the depreciation factors to determine a revised assessment which will be heavily dependent upon the estimated actuarial flood insurance rates and a heavy slowdown in real estate transactions which is expected to result in an incurable obsolescence rate near 60%; and,
WHEREAS, the public outcry relating to this dire situation which the residents, property owners, businesses, and the SCP Government itself is facing has been enormous to say the least and is unlike anything this Parish has ever seen before; and,
WHEREAS, numerous citizens in the SDD have requested that anything that can be done in an attempt to physically lower the proposed BFE's in order to minimize or eliminate the side effect of the astronomical premium increase must be pursued; and,
WHEREAS, the SCP has committed to appeal the DFIRM's and has hired Dr. Joe Suhayda to coordinate and lead the Parish's efforts with the appeal in an effort to lower the BFE's; and,
WHEREAS, projects that can be designed and constructed in a relatively short period of time in order to assist Dr. Joe Suhayda's efforts to lower BFE's must be designed and constructed as quickly as possible; and,
WHEREAS, Dr. Suhayda has stated that any such projects would strengthen the Parish's ability to work out the DFIRM issues with FEMA if they see some willingness to take action to improve flood protection; and,
WHEREAS, there are 4 such projects in the SDD that can be implemented in an effort to have the proposed BFE lowered to reduce premiums to minimize or eliminate the side effects of the astronomical premium increases; and,
WHEREAS, one project is a bulkhead project is to replace the deteriorating/failed bulkhead with a sheetpile wall, with a top elevation to be determined as required to effectuate the lowering of the BFE in this area, from the SDD Levee to a point north of the BNSF railroad that is to tie into a location of sufficient elevation or to the LA 631 Bayou Des Allemands Bridge embankment at a minimum, with provisions to tie into a location of sufficient elevation; and,
WHEREAS, one project is, at a minimum, the construction of a floodwall wall to an elevation to be determined as required to effectuate the lowering of the BFE in this area, on the north side of Badeaux Lane East or where best determined, from the SDD Levee at Kerry's Point to the SDD Levee north of the LA 306 bridge at Grand Bayou with a certifiable flood gate with a top elevation of +/-12.5'(to be determined) at its crossing with LA 306 to provide for future adjacent flood protection elevation improvements, or an alternate type of project to accomplish the same end result in this area; and,
WHEREAS, one project is to add a hump in Highway 90 at the Paradis Canal in order to elevate the Highway to an elevation to be determined as required to effectuate the lowering of the BFE's in order to allow the raising and the extension of the SDD levee to the Highway and the raising of the levee and/or the addition of other necessary flood protection improvements from the highway to a location along LA 631 at an elevation to be determined as required to effectuate the lowering of the BFE in this area; and,
WHEREAS, one project is the raising of the SDD Levee up to an elevation to be determined as required to effectuate the lowering of the BFE's; and,
WHEREAS, the St. Charles Parish Council (SCPC) adopted Ordinance 08-10-7 on October 20, 2008 to approve and authorize the execution of a contract for engineering services with Burk-Kleinpeter, Inc. for professional engineering services associated with Parish Project No. P080905 St. Charles Parish Westbank Hurricane Protection Levee and Urban Flood Control; and,
WHEREAS, the design of these projects fall under the purview of this existing contract; and,
WHEREAS, the Westbank Hurricane Protection Levee, Fund 310 has been established for funding the investigation, design, and construction of westbank hurricane protection projects; and,
WHEREAS, the Lafourche Basin Levee District (LBLD) has over $5,000,000 in funds available for use in providing levee construction and levee improvements to St. Charles Parish upon being directed to do so by the Parish President; and,
WHEREAS, the project to raise all portions of the SDD Levee up to an elevation to be determined as required to effectuate the lowering of the BFE's up to an elevation to be determined can be performed by the LBLD upon a request by the Parish President to do so; and,
WHEREAS, irrespective of any effect on lowering the BFE's, these projects will address areas of weakness whereby decreasing the risk of flooding to homes and property within the SDD; and,
WHEREAS, the closing in of the SDD as a result of these projects will provide for a secondary line of defense behind the proposed Westbank Hurricane Protection System that is proposed to extend from the Davis Diversion east guide levee to Bayou Lafourche, should it ever be designed, funded, and constructed; and,
WHEREAS, Parish President V.J. St. Pierre has stated that FEMA will not recognize a levee system unless it is a closed-in system; and,
WHEREAS, these improvements will provide for a closed-in system surrounding the communities of Paradis, Des Allemands, and Bayou Gauche; and,
WHEREAS, these improvements provide for the health, safety, and welfare of people living within the communities of Paradis, Des Allemands, and Bayou Gauche.
NOW, THEREFORE BE IT ORDAINED, THAT WE, THE MEMBERS OF THE ST. CHARLES PARISH COUNCIL, do hereby direct the Parish Administration to expeditiously begin the process to identify the design requirements required by FEMA and any other authorizing agencies needed to effectuate the lowering of the base flood elevations within the Sunset Drainage District and to subsequently fast-track the design, and construction of 1) a replacement bulkhead or any other necessary related improvements in Des Allemands along Bayou Des Allemands between the Sunset Drainage District Levee (SDD) and a point toward the north to be identified during the design phase to an elevation to be determined needed to effectuate the lowering of the BFE's, 2) a floodwall along Badeaux Lane East with a certifiable floodgate crossing LA 306 built at a height for future elevation improvements with the floodwall tying into the SDD levee on each end at an elevation to be determined needed to effectuate the lowering of the BFE in this area, or an alternate type of project to accomplish the same end result in this area, 3) a hump in Highway 90 at the Paradis Canal with associated levee or other flood protection improvements as needed to provide for an adequate elevation needed to effectuate the lowering of the BFE's from the SDD levee just south of Highway 90 to a point to be determined adjacent to LA 631, and 4) the raising of the crown of the SDD levee to elevations to be determined needed to effectuate the lowering of the BFE's, with all of these improvements being necessary to provide closure and flood protection to the District at elevations determined to be needed to effectuate the lowering of the BFE's in addition to simultaneously reducing the risk of flooding to the SDD; with funding to be provided for out of the Westbank Hurricane Protection Levee, Fund 310.
Vote
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
YEAS: FAUCHEUX, WILSON, WOODRUFF, BENEDETTO, HOGAN, COCHRAN, FISHER-PERRIER
NAYS: NONE
ABSENT: SCHEXNAYDRE, FLETCHER
And the ordinance was declared adopted this 1st day of July , 2013, to become effective five (5) days after publication in the Official Journal.
ORD-SDD Projects (revised version) (06-30-13) revised 2
CHAIRMAN:______________________________________________
SECRETARY:_____________________________________________
DLVD/PARISH PRESIDENT:_________________________________
APPROVED:______________ DISAPPROVED:__________________
PARISH PRESIDENT:______________________________________
RETD/SECRETARY:_______________________________________
AT:_______________ RECD BY: _____________________________