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08/25/1988 CITY COMMISSION SPECIAL WORK SESSION Meeting with Federal Emergency Management Agency (FEMA) August 25, 1988 The City Commission of the City of Clearwater met at City Hall, Thursday, August 25, 1988, at 10:01 A.M., with the following members present: Rita Garvey Mayor-Commissioner Don Winner Commissioner William Nunamaker Commissioner Absent: James Berfield Vice-Mayor/Commissioner Lee Regulski Commissioner Also present were: Ron H. Rabun City Manager Betty Haeseker Assistant City Manager M. A. Galbraith, Jr. City Attorney Vic Chodora Interim Building Director Mary Kathryn Smith Program Administrator Department of Community Affairs Brad Loar Natural Hazard Program Specialist Federal Emergency Management Agency Todd Davison Program Specialist, Federal Emergency Management Agency Bill Owens Executive Director, Pinellas County Construction Licensing Board John Gay Mutual Insurance Agency of Clearwater Cynthia E. Goudeau City Clerk Betty Haeseker reviewed the history of the City of Clearwater's efforts to meet the requirements of the Federal Emergency Management Agency (FEMA) for participation in the Federal Flood Insurance Program. Mary Kathryn Smith of the Department of Community Affairs reviewed the areas and the agencies that have jurisdiction over them. She stated that there is a 30-year erosion line from which nothing can be built seaward. She stated that the area between the Coastal Construction Control Line and the 30-year erosion line is under the control of the Department of Environmental Regulation (DER). From the Coastal Construction Control Line, 5,000 feet landward, the Department of Community Affairs has jurisdiction. She stated it is difficult to understand the overlapping regulations. She reviewed the requirements of the velocity zone which deals with breaking wave action and A-zone which deals with rising water and stated the difficulties regarding the conflict between what is required in Pinellas County versus Hillsborough County has to do with Coastal Construction regulations in that those requirements have to be met by counties facing the Gulf of Mexico, the Atlantic Ocean, and the Straits of Florida. Hillsborough County does not face the Gulf and the law does not address Tampa Bay. In response to a question, it was indicated that the Coastal Construction Control Line regulations do not apply to Pinellas County facing Tampa Bay. Concerns were expressed that due to hurricanes' effects on Tampa Bay, the state legislature should have the same regulations for those properties facing Tampa Bay. Brad Loar of FEMA reviewed the history of the National Flood Insurance Program and stated flood insurance is not available unless the community is participating in the national program. FEMA develops maps regarding flood zones. He reviewed the floodplain management regulations stating that permits are required. There is a requirement for structures to be built with the lowest habitable floor at or above the 100-year flood elevation. The community must adopt regulatory floodway areas. Development in the floodways requires certification of the lowest floor elevations, as a requirement for all mechanical and electrical equipment to be elevated, and that the best available data be used. He stated the flood insurance regulations are not only for new construction but also for substantial renovation to existing structures. In response to a question regarding the 50 percent restriction on existing structures, when the maximum insurance available is $185,000, Mr. Loar responded that the federal program is not only interested in the insurance program but other federal disaster assistance. In response to questions regarding how the insurance premiums are set, Mr. Davison stated FEMA is currently developing a community rating system which will evaluate the community's floodplain management program. If the community is rated high, the rates will be reduced. It was stated this will be a more positive program than the current threat of loss of insurance should the community not comply with the regulations. Mr. Davison did indicate by adopting a more restrictive ordinance a community would increase its rating. Mr. Loar indicated that FEMA's minimum and maximum requirements are included in a booklet regarding its regulations and that there is an insurance incentive at this time. In response to questions regarding the provision that the 50 percent limitation on renovations to a structure prior to it having to meet all requirements, covering the life of the structure, Mary Kathryn Smith indicated that the life of the structure requirement is state law and; if other communities are not meeting this requirement and are in a Coastal Construction Zone, they are in violation of state law. Discussion ensued regarding what areas are covered by the Coastal Construction Zone and it was stated, because Tampa Bay is not covered by these regulations, those areas may still be in greater danger than Gulf front property. It was stated that repairs necessary to meet code are not included in the 50 percent limitation and that anything that includes the need for a permit is included in the substantial improvement provision. If no permit is required, the value of that repair is not applied to the 50 percent limitation. Vic Chodora, Interim Building Director, stated that when a permit is requested, a breakdown of the entire cost of the improvements is requested. Discussion ensued regarding the expense of materials such as wallpaper and carpeting being included in the substantial improvement costs. Mr. Davison of FEMA indicated there needed to be an amount of reasonableness as more expensive extras are things that the Federal Insurance Program may have to insure. Further discussion ensued regarding the ability of the City to monitor the cost factors and more concerns were expressed regarding inequities regarding the owner's ability to do it yourself and, therefore, result in a less expensive alteration. It was indicated, in the case of the do-it-yourselfers, there should be a dollar figure assigned to time spent on the work. In response to a question regarding a perception that the federal government wants all structures off barrier islands, it was indicated that this is not the aim of the program. It was stated that the government is striving for a reduction of losses and the use of practical and wise construction practices. Mary Kathryn Smith indicated that the State of Florida's position is that it walks a fine line between protection of the barrier islands while recognizing the property owner's right to develop. If a property owner chooses to develop, regulations must be met. In response to a question regarding why the state is more restrictive than FEMA, it was indicated that FEMA encouraged the state to be so. It was indicated in the case of a repair that was needed to meet code standards, such a repair would need to be inspected and documented by the Building Department as needed and only the minimum amount needed to bring the property into conformance would be deducted from the 50 percent limitation. In response to questions regarding whether or not Island Estates is covered by the regulations, it was stated that 5,000 feet from the Coastal Construction Control Line is halfway through the Island Estates development, which is not a barrier island. Mary Kathryn Smith indicated that it would be up to the City to include Island Estates. Commission consensus was that the ordinance needed to be reviewed to see if there are any changes necessary and, in response to a question, it was indicated that the Department of Community Affairs and FEMA would review the ordinance once drafted. Betty Haeseker questioned FEMA's plans for manufactured homes and Todd Davison indicated that a report is being submitted to Congress requesting direction. The meeting adjourned at 11:58 A.M.