Resolution 513-2008
Commissioner DiGennaro
RESOLUTION NO. 513-2008
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, AFFIRMING SUPPORT FOR
RENEGOTIATIONS WITH THE FEDERAL EMERGENCY
MANAGEMENT AGENCY REGARDING THEIR PILOT
INSPECTION PROGRAM FOR DOWNSTAIRS ENCLOSURES.
WHEREAS, on the 20th day of March 2002, the Hoard of County Commissioners
("HaCC") passed and adopted Resolution #115-2002 approving the Flood Insurance Inspection
and Compliance Implementation Plan; and
WHEREAS, the HaCC adopted Resolution No. 187-2002 in order to address FEMA's
response to Resolution No. 115-2002 requiring the County to pursue State legislation to alter
the four year statute of limitations on code enforcement of violations of land use regulations
(particularly floodplain); and
WHEREAS, Resolution No. 187-2002 committed to the efforts for statutory change
and to inspections of dwellings with restrictive covenants; and
WHEREAS, the HaCC approved Resolution No. 152-2003 to amend Resolution No.
187-2002 after efforts for statutory change were unsuccessful and to adopt a Revised
Implementation Plan for the flood insurance inspections & compliance, and included
commitments for inspections, vigorous code enforcement of violations, and working to change
the floodplain regulations such as, for example, to allow expansion of elevated portions of non-
conforming structures if there was an engineer certification the non-conforming part of the
structure would not increase potential for structural damage to conforming parts of the
structure; and
I
WHEREAS, the FEMA Regional Director in a letter dated March 23, 1998, responded
in the negative to many of the Monroe County Citizeps Task Force recommendations; and
WHEREAS, approximately ten years have passed since the Citizens Task Force made
recommendations such as changes in the permitted uses, sizes, and construction standards for
permittable downstairs enclosures, resulting in residents of fewer years being unaware of the
efforts which were previously expended on this issue and desiring to re-address it; and
WHEREAS, the County will not take any actions, without expressed written consent by
FEMA ("FEMA"), that would compromise the county's standing in the National Flood
Insurance Program; and
WHEREAS, the County will continue to honor all components of the Final Rule
published in the Federal Register on June 27, 2000 by the Federal Emergency Management
Agency: 44 CFR Parts 59 and 61 National Flood Insurance Program (NFIP); Inspection of
Insured Structures by Communities, Final Rule; and the County commitments under Resolution
No 152-2003; and
FEMA Inspxn Prog Res 12-17-8
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WHEREAS, the County will continue to administer, implement and enforce all
components of its Floodplain Management Ordinance, Sections 9.5-315, 9.5-316 and 9.5-317,
Monroe County Code; and
WHEREAS, given the many economic hardships homeowners are experiencing both in
Monroe County and nationwide, the BOCC wishes to resume dialogue with FEMA to establish
a better solution to the pre-existing problem of structures below the Base Flood Elevation
("BFE") which is less fmancially abrasive to homeowners and more conducive to recognizing
and appreciating current economic conditions; and
WHEREAS, Congresswoman Ileana Ros-Lehtinen and State Representative Ron
Saunders have pledged support to work with the BOCC in facilitating dialogue with FEMA
officials to meet a better resolution for all affected parties; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. The BOCC reaffirms its gratitude in recognition for all the benefits the
County receives as a participant in the NFIP.
Section 2. The BOCC affirms support for renegotiations with FEMA regarding their
Pilot Inspection Program for Downstairs Enclosures.
Section 3. The BOCC directs appropriate County staff to work in conjunction with
FEMA, DCA, and other interested agencies, and to gather public input via a series of meetings,
at least 1 in each of the 3 major areas of the Keys, to develop a revised inspection and
compliance program that will continue to safeguard the community's participation in the NFIP
while offering a better remedy to addressing downstairs enclosures constructed after January 1,
1975. .~
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 17th day of December, 2008
, .,
Mayor George Neugent Yes
Mayor Pro Tern Sylvia Murphy Yes
Commissioner Heather Carruthers Yes
Commissioner Mario DiGennaro Yes
Commissioner Kim Wigington YeR
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By: ~
BOARD OF COUNTY COMMISSIONERS OF
MONR2E COUNTY, FLORIDA
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Mayor George Neugent
FEMA Inspxn Prog Res 12-17-8
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