Item P04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
3/20/02
Division: Mavor McCov
Bulk Item: Yes_No X
Department: BOCC- 3
AGENDA ITEM WORDING:
Resolution defining the inconsonnant and inappropriate message conveyed by an anonymous office of
FEMA to the households of the Florida Keys.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION:
TOTAL COST:
BUDGETED: Yes_No_
COST TO COUNTY:
REVENUE PRODUCING: Yes_No_AMOUNT PER MONTH YEAR
APPROVED BY: County Atty_ OMBlPurchasin~
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included:
,/
To FoIIow:_Not Required:_
DISPOSITION:
AGENDA ITEM #
Revised 2/27/01
- O.Yv~~~~E
(305) 294-4641
Mayor Charles 'Sonny' McCoy
530 Whitehead Street
Key West, Florida
305-292-3430
FAX: 305-292-3577
BOARD OF COUNTY COMMISSIONERS
MAYOR Charles "Sonny" McCoy, District 3
Mayor Pro-Tern Dixie Spehar, District I
Commissioner Murray Nelson, District 5
Commissioner George Neugent, District 2
Commissioner Nora Williams. District 4
Mayor's Response to "Policy Holder Notice"
Dear Policy Holder:
Monroe County homeowners recently received an undated, unsigned letter on "National Flood
Insurance Program" stationery, threatening that "the unincorporated areas of Monroe County wlll be placed on
probation from the NFIP effective May 31, 2002" unless the County begins to take certain actions. That letter
caused great concern, and provoked many recipients to do what the nameless author requested, i.e., to call
Monroe County offidals for further information. Whether intended or not, the effect of the NFIP letter has
been widespread worry and fear among homeowners from Stock Island to Key Largo, and editorial comment
that was more inflammatory than enlightening.
What is your County government doing to assure continued NFIP eligibility? Exactly what FEMA
requested! At the February 13 County Commission meeting, your Commissioners unanimously adopted
Resolution 080-2002, which I introduced in response to FEMA's demand for a Resolution committing to
Implementation of the Rood Insurance Inspection Program. That Resolution was adopted well in advance of
the deadline set by FEMA. The Resolution also directed County staff to begin implementation of the
Inspection Program, again well in advance of FEMA's deadline for doing so. Anally, your County
Commissioners directed that a remedial plan be prepared, for consideration at the March County Commission
meeting, so that the plan will be ready to be sent to FEMA as requested. In short, we have done everything,
in a timely manner that FEMA asked.
Why, then, was the NFIP letter sent? Constituents have suggested to me that perhaps "someone in
FEMA" Is displeased with our request that FEMA evaluate and help us to prevent potential flood damage and
subsequent insurance claims by creating a flood damage model that takes Into account both the Florida Keys'
unique topography and data from actual Keys' storm events. I am reluctant to accept as fact this speculation
about FEMA displeasure. Surely no government offidal would refuse a sincere request for assistance merely
to avoid the work that would be required to comply, or out of fear that the result would conflict with
preconceived assumptions. However, I understand the basis for such speculation, which was fueled by a
press report that a FEMA offidal was dismissive of our request, saying the existing FEMA flood model needs no
improvement. Hopefully, that report doesn't accurately express FEMA's response to the County's request.
As one trained and practiced in Architecture and Engineering, and who has spent a lifetime designing
and inspecting stnJctures in the Keys, and having observed first-hand every major Keys storm event in my
lifetime, I know that we (and by that I mean both our residents and the flood insurance program) could
benefit greatly by the requested study. The Keys face a different flood hazard than the mainland, because our
archipelago is not a solid unbroken landmass. The static water forces that cause so much flood damage
THE FABULOUS FLORIDA KEYS
elsewhere, are to a large extent deflected, or drain, into channels and under bridges. Although I am not an
expert hydrologist, I know that there is no "model" that would not benefit by reexamination in light of current
data; and we have experienced several stonn/flooding events since the existing model was created. We have
all heard the expression, "My mind's made up; don't confuse me with the facts." Notwithstanding the
skepticism that some of you have shared with me, I trust that such is not the FEMA mindset. My own
experiences with FEMA's Atlanta office have led me to conclude that they will be receptive to our request.
The NFIP letter doesn't specify what the County has been asked, but failed, to do. It's not possible to
ask the author (who for unknown reasons remains anonymous) for specifics. Therefore, I will respond as best
I can to the accusation from some of my constituents that FEMA wants to use Monroe County as a "eat's paw"
to get the Ronda legislature to amend the Statute of Umitations. County legal staff advises that a court ruling
effectively prevents code enforcement actions against downstairs enclosures which are more than four years
old.
Therefore, the Board's Resolution acknowledged that a legislative change would be needed to allow
Code Enforcement actions in such circumstances. Some of you have suggested that this is a State statute,
with Statewide implications, so "why doesn't FEMA ask the Legislature for that change, rather than forcing
Monroe County to do it?" Those seeking an answer to such questions may wish to contact the appropriate
FEMA officials. I can only respond that the County Commission is powerless to amend a State law, and (in
face of a FEMA demand that this Code Enforcement impediment be removed) our only way of effecting the
requested change is to ask the Legislature to consider the matter.
In summary, your County Commissioners are doing everything within the limits of our authority to
comply with FEMA's conditions for continued participation in the National Flood Insurance Program and whileswe understand their need to inform our citizens of impending actions by FEMA, we do not understand their
suggestions to the citizens of the Florida Keys that they urge County officials to take questionable or
complicitou5 legal actions. The Board will again consider this matter at the March BOCC meeting, and
welcomes your participation.
Sincerely,
Charles "Sonny" M oy
Mayor, Monroe County
THE FABULOUS FLORIDA KEYS