Submitted by Suanne Z. Thamm
Reporter – News Analyst
February 20, 2019
Although the Fernandina Beach City Commission (FBCC) went into its February 19, 2019 Regular Meeting with a goal to approve an amended floodplain ordinance on Second Reading in order to preserve the city’s current flood insurance rating, the reverse happened. Following an hour and a quarter of debate and input from local residents, industry, insurance professionals, developers and a realtor, the FBCC voted 4-1 to reject proposed Ordinance 2018-18.
Commissioner Chip Ross was the sole supporter of the 35-page ordinance which would have amended or adopted requirements for buildings in flood hazard areas to (1) increase minimum building elevation requirements; (2) decrease the percentage for substantial improvement and substantial damage determinations; (3) require all dwelling foundations to be designed by registered design professionals; (4) require declarations of land restriction (non-conversion agreements) for enclosures below elevated buildings; and (5) limit the size and use of enclosures below elevated buildings; and for the purpose of participating in the National Flood Insurance Program’s Community Rating System and, pursuant to section 553.73(5), F.S., is formatting that requirement to coordinate with the Florida Building Code.
This Ordinance was approved at First Reading by the City Commission at its Regular Meeting on July 17, 2018. On October 16, 2018, the City Commission tabled Ordinance 2018-18 until November 7, 2018.
The text of the proposed ordinance may be found at https://fernandinabeachfl.civicclerk.com/Web/GenFile.aspx?ad=5665.
Because the city failed to pass the amended floodplain ordinance according to a FEMA-imposed deadline, the city’s flood insurance rating may drop from its current rating of 6 to a 7 or 8. Each point represents a rate change of 5 percent.
The consultant
Schwalls Consulting, LLC, has been retained by the city to advise on crafting an ordinance which would both meet the needs of the city as well as the state and federal authorities. The city’s goal is to improve its flood insurance rating as a result of the changes. City staff stressed that the changes were being recommended to improve safety of the citizenry and survivability of structures in the event of flooding.
Del Schwalls, who presented the proposed ordinance, currently serves as president of the Florida Flood Plain Managers Association. He is President of Schwalls Consulting LLC, with more than 16 years of experience in floodplain management, hydrologic and hydraulic analyses, and water resources engineering. He has developed floodplain modeling and mapping across the nation, and specializes in conducting independent QA/QC of FEMA Flood Risk projects and Flood Insurance Studies (FISs). He has prepared numerous LOMAs, LOMRs, and CLOMRs across the Southeast US, and began his career in D.C. reviewing LOMRs and FISs for FEMA. Mr. Schwalls conducts trainings across Florida and up to New England on accurately completing FEMA Elevation Certificates (ECs) and addressing EC deficiencies. In addition, he has extensive experience with the FEMA Hazard Mitigation Assistance (HMA) grant program. He also assists communities with implementing, managing, and improving their overall CRS programs.
Schwalls took pains to explain that there had been significant changes at FEMA driving the ramped up timetable requiring the modified ordinance to be in place in order to avoid downgrading the city’s current flood rating. He absolved the city from blame in what appeared to be a sudden rush to get the ordinance in place.
Local opposition
Eleven speakers raised objections to the proposed ordinance as currently written, which was based upon a proposed model ordinance promulgated by the state of Florida. Speakers complained that the ordinance was too difficult to read and understand and expressed fears that it was “overly burdensome.” All complained that it had been dropped on the citizenry at the last minute, failing to provide adequate notice to respond to proposed changes.
Last fall the city promised to hold workshop(s) following passage of the ordinance at first reading to allow the various affected constituencies — industry, builders, architects, insurance companies, realtors and citizens — to have their concerns addressed. Those workshops never came about primarily due to staffing problems in the Building Department, blindsiding many in the community who had relied upon extensive discussions prior to a second and final reading of the ordinance.
Commission discussion
Although initially commissioners appeared convinced of the need to approve the ordinance as soon as possible, they backed off after hearing the various concerns raised by the public. Commissioner Mike Lednovich characterized the ordinance as poorly planned and said he would not support it. Vice Mayor Len Kreger said that the city needed “to back up and get it right.”
Commissioner Chip Ross reminded his colleagues that flooding is a major concern for the city. “It is not a question of ‘if,’ but of ‘when’ and ‘how much’,” he said. Despite his warning, commissioners were not able to overlook the fact that the city had promised workshops to work out the problems with the ordinance, but that those workshops had not been held. They expressed a willingness to accept a downgrade to the city’s flood rating in the short term rather than to risk major expenses to the community by rapid adoption of an ordinance that was poorly understood.
Consultant Del Schwalls, who took significant notes during public input, told commissioners that the proposed ordinance was good legislation. Although paralleling the model state ordinance, the city’s ordinance had taken into consideration situations specific to Fernandina Beach. He emphasized that the ordinance had not been “a cut and paste job.” He said that the ordinance had been drafted to protect life and property in the event of a major flood, not with respect to how much it would cost business or residents to come into compliance with new requirements. He also said that the ordinance carried no mandate to purchase flood insurance.
According to his estimate, 465 of 469 affected Florida communities have adopted a version of the modified floodplain ordinance to comply with the FEMA deadline.
Commissioner Mike Lednovich opined that the ordinance had not been satisfactorily vetted with the community for passage at this time. He acknowledged the expertise of the consultant and the internal city problems caused by rapid, unexpected turnover in the position of Building Official. However, he said he wanted to see the promised workshops take place before considering such an ordinance. “Let’s leverage the expertise of the consultant to craft a new ordinance,” he said. Vice Mayor Len Kreger concurred that the city had created the problem by failing to hold the workshops as promised prior to second and final reading of the ordinance.
Commissioner Chip Ross, while not condoning the city’s failure to hold workshops to help affected parties understand the changes proposed in the amended ordinance, held to his position that the increase in proposed elevation of new structures from one to two feet above the flood plain was a sound move that would protect people and structures in the event of a major flood. He also maintained that portions of the mills that contain toxic materials should be considered “critical elements” as defined by the ordinance and therefore be required to be raised above the flood plain.
More work will be done to address perceived problems with the ordinance before it returns for further consideration by the FBCC.