Delaware Sea Level Rise Advisory Committee

DRAFT Meeting Summary

November 2, 2012

Materials Distributed:

Agenda

Draft summary of July meeting

Focus group recommendations

Recommendation Matrix

Hard copies of Vulnerability Assessment

*materials distributed will be available online:

http://www.dnrec.delaware.gov/coastal/Pages/DESLRAdvisoryCommittee.aspx

Key Discussion Points:

Old Business

Sarah Cooksey, Delaware Coastal Programs, welcomed the Advisory Committee and explained that the purpose of today’s meeting was to update members on the proposed timeline for the completion of the Adaptation Plan and discuss the recommendations that were provided by the focus groups that met in October. Ms. Cooksey also announced that Dr. Bob Scarborough has filled the Coastal Programs Program Manager position vacated by Dave Carter and introduced Molly Ellwood, DCP’s new Environmental Scientist.

The updated draft summary of the July 19, 2012 meeting was reviewed and approved.

Timeline for Completion of the Adaptation Plan

Susan Love reviewed a proposed timeline for completion of the Adaptation Plan. A draft timeline was distributed to Committee members. Public information sessions would be held in January to collect feedback on the recommendations and address concerns from citizens who were not invited to the focus groups, didn’t know about the focus groups, or were not able to attend the focus groups. In March, the draft Adaptation Plan would be released for review by the Advisory Committee and the public.

Susan further broke the schedule down to explain the proposed timeline for the completion of the Adaptation Plan, the timeframes to finishing specific tasks, and when they were to be accomplished:

· December- the advisory committee would conduct an up or down vote on recommendations to be presented to the public.

· February- Advisory Committee meets to address any concerns brought forward by the public and approve draft chapters of the Adaptation Plan and recommendations.

· March- approve a complete draft document to go out for public review.

· May- Advisory Committee meets to discuss any edits to the draft Adaptation Plan and approve the final plan.

· June- Layout, printing and design of the final draft of the Adaptation Plan.

The timeline was driven in part by two things: DCP grant requirements and a grant program.

In January, the DCP will announce the availability of grant funding for coastal projects that address sea level rise. Funding will be available for planning projects and construction design, but not for actual construction costs. DCP would like to include the broad adaptation recommendations in the grant announcement and seek projects that would help fulfill them. In addition, March 31 is the end of DCP’s grant year – a draft document by then is necessary to fulfill the federal grant task.

There was concern from several committee members about such a short timeframe for consensus on the recommendations, particularly because of the lack of time to properly coordinate with their respective groups. It was agreed that another Advisory Committee meeting would be held in January at which the voting on the recommendations would take place and the next meeting in December would provide further detail about specific recommendations and address any concerns that were brought up by Advisory Committee member’s boards, constituents and council members to expedite the voting process at the January Advisory Committee meeting.

A conversation was held about the number of public hearings that would be held in February (since the schedule above was shifted a month back) and it was agreed that there would be 3 meetings, one in each county.

Concerns about the Document and Content

Several recommendations were provided about information that should be included in the Adaptation Plan:

· It was recommended that a chapter be included in the Adaptation Plan that would provide examples of retreat strategies under each specific vulnerability; relating the recommendations more closely to the vulnerabilities.

· A glossary of the acronyms and specific information, e.g., defining what a level 4 means.

· What funding is available after flooding? What are the changes to insurance as a result of flooding and sea level rise? It would be helpful to the Committee, and the public, to make better decisions. Additionally, there is nothing about guideline for residences and businesses. Cost of the damage in the future is going to be so high, there needs to be a triage system, some people are going to be reimbursed and some not. This needs to be better understood. There is an ethic issue. Socio-economic issue. Full time v. seasonal residents.

Guiding Principles for Adaptation

Susan Love reviewed the draft Guiding Principles for Adaptation that are proposed to be included in the document. The draft guiding principles were distributed. In general, the guiding principles are considerations that anyone undertaking an adaptation project should consider before choosing a path forward.

John DiMaio, Chamber of Commerce, asked if there should be a comma after “homes” in general principle number 7 to clarify it was only relating to private homes or if it should be worded to include other developed areas. Other conversation about principle number 7 included mention of personal responsibility and private property rights when considering these issues.

For general principle number 1, the cheapest adaptation actions would likely be done first and/or the no regret actions. It was also brought up that the public may perceive that the state will begin with the most expensive projects first and then tax residents later for the work they did.

It was also recommended that the term “socially vulnerable” in #8 be changed to Environmental Justice.

Draft Adaptation Plan Recommendations and Concerns about the Document

Several recommendations were provided about information that should be included in the Adaptation Plan:

· A glossary of the acronyms and specific information, e.g., defining what a level 4 means.

Adaptation Recommendations Matrix and Survey

Susan Love gave a presentation about the adaptive capacity recommendations that resulted from the October Focus Group Sessions. 101 recommendations were received – DCP staff broke them into 8broad categories, containing 74 specific recommendations. Susan wished to get consensus on the broad categories at this meeting (for use in the grant announcement) and highlight the specific recommendations, but save detailed discussion on the specific recommendations until the December meeting. A word document that described each recommendation and a matrix of recommendations was distributed.

Committee members agreed that the broad categories were satisfactory.

There were several issues associated with specific recommendations that were discussed:

· Bill Lucks, Delaware Realtors Associated, discussed the issues associated with the hotel accommodations tax. This idea has been discussed in the past and there are issues with Delaware since it has one of the highest occupancy tax and people end up going to Ocean City, MD to avoid paying the tax. With short-term rentals, people renting out their property go to the internet and the state loses track of what is being rented out. There are studies that do not support increasing the hotel accommodation tax. A business license would be the most fair and equitable way to do this.

· Mr. Lucks also brought up concerns with the real estate disclosure and how he is tasked with protecting private property rights. It should be approached carefully. How is presenting the information? Who is liable for the information? Susan Love mentioned a Florida study that showed disclosure forms were not very effective for communicating flood risk.

· Keith Rudy, Homebuilders Association of Delaware, brought up the fact that no one in the focus group mentioned a beach tag (like those sold in NJ)

· Karl Kalbacher, New Castle County, thinks that while the information is important, it does not provide a clear path forward. There needs to be a direction from the state legislation, to guide and drive the plan forward. Mr. Kalbacher would recommend that DCP not to go forward with an executive order since governors can leave office and a new governor may not agree with, or change what the previous governor began.

· Ms. Pam Thornburg-Barkerian, Delaware Farm Bureau, has concerns with recommendation A7 and wants to ensure that the state does not direct where funds from the Agriculture Land Preservation Program are spent

Susan Love asked the Committee if they would participate in a survey to find out whether they like individual recommendations, dislike specific recommendations, have specific information on specific recommendations, and could provide commendations that were not included. The survey would be able to begin to show where they may be consensus on the recommendations and where this not. Ms. Cooksey requested that the recommendations that were brought up in the meeting today to be included in the survey that is to go out to Committee members so they can be evaluated at the same time as the other recommendations.

The Committee agreed to participate in the survey and send new recommendations to Molly Ellwood for inclusion (deadline for new recommendations was November 7)

Updates

Rob McCleary discussed federal aid and recent proposed changes to the federal rules on high priority projects, which now include funding for projects addressing climate change (23 U.S.C. §117 (c)9). This rule change will make it easier for DelDOT to receive federal funding for highway projects that are addressing climate change. It does not mean that Delaware will be receiving more money from the federal government, but now there are more ways that DelDOT can use the federal funds allocated to the state.

Susan Love discussed the Biggert-Waters Reform Act that updates the flood insurance program to incorporate climate change. The bill allows for FEMA to phase out subsidies for properties with severe repetitive loss, second homes, homes that are sold to new owners, and to homes whose repairs are beyond the cost of the home. This Act will allow private insurance to cover flood insurance provided they are in-line with federal guidelines. It also directs FEMA to investigate how future flood levels and sea level rise can be incorporated into floodplain maps. Rob McCleary mentioned that the federal highway bill has included similar verbiage and §100215 and 100216 outlines the mapping.

Sarah Cooksey reviewed up the work of the Delaware Bay Task Force. A project to investigate the costs and benefits of beach replenishment on Delaware Bay beach communities is nearing completion. It was found that there was a very low economic benefit back to the state for building a beach (10 year design life-span) for the very small communities, though the larger communities would economically see a return on investment. A powerpoint presentation is available on the Task Force website.

Superstorm Sandy Dike Damage

Bob Scarborough, DCP, discussed the damage to the dikes in New Castle from Superstorm Sandy and the impacts to the dike walls at Gambacorta and Army Creek. He also clarified the tidal surge levels in Delaware and showed tide graphs from Delaware and Battery Park in NYC.

Public Comments

Comments from Peggy Schultz were sent via email and the recommendations are provided in the survey.

Adjournment

Next Meeting: The next meeting will be held on December 7, 2012 from 0900-1200 at the St. Jones Reserve. Committee members should have discussed the recommendations with their agencies, boards, and constituents to discuss and clarify and issues there may have been with specific recommendations.

Attendees:

Tricia Arndt, DE Coastal Programs

Karen Bennett, Bayshore Initiative

Dave Carlson, Delaware EMA

Sarah Cooksey, DE Coastal Programs

Greg DeCowsky, DNREC

Barbara DeHaven, DE Economic Development Office

Mark DiMaio, Chamber of Commerce

Andrea Godfrey, Office of Management and Budget

Mary Ellen Gray, Kent County

Richard Jones, Nature Conservancy

Karl Kalbacher, New Castle County

Kevin Kalasz, DE DFW

Michael Kirkpatrick, DE Dept. of Transportation

Susan Love, DE Coastal Programs

Bill Lucks, Delaware Realtor’s Association

Robert McCleary, DelDOT

Richard Perkins, DE Division of Public Health

Keith Rudy, Homebuilders Association of Delaware

Ralph Satterfield, Resident

Bob Scarborough, DE Coastal Programs

Peggy Schultz, DE League of Women Voters

Jeff Shockley, Sussex County

Pam Thornburg-Baker, DE Farm Bureau

Chad Tolman, DE League of Women Voters

Robin Tyler, DNREC

Kelly Valencik, DE Coastal Programs

Carl Yetter, DE Coastal Programs