Hernando County residents affected by an ordinance with the potential to condemn their homes and businesses are relieved this week. At the Feb. 13, 2018 Board of County Commissioners meeting, interested residents packed the The John Law Ayers Room, prepared to address the board to ask the ordinance be repealed.
The agenda item, which was originally estimated to be discussed in the afternoon, was discussed first due to the large number in attendance specifically for the item described as, “Flood ordinance requirements pertaining to five-year cumulative provision for calculating substantial improvements.” As described in the Jan. 26, 2018 issue of The Hernando Sun, the current ordinance states that any damage and/or substantial improvements to a home that does not conform to base flood elevation requirements will be cumulative over a five year period, beginning with the first damage event or single improvement. If the total during the five year time period exceeds 50% of the market value of the structure, it may not be repaired and must be brought up to all new codes, including elevating it to the Base Flood Elevation (BFE) requirement. The cost would be prohibitive to most homeowners.
Code Enforcement and Zoning Supervisor Chris Linsbeck began by noting to the board that repealing the contested language of the ordinance would not have a substantial effect on Hernando County’s insurance ratings. Linsbeck stated, “After new considerations, it’s recommended that the board reduce the five-year cumulative code to a per-event basis, in essence reducing the substantial damage and substantial improvement code to the minimum requirements as outlined by the Florida Department of Emergency Management and FEMA (Federal Emergency Management Agency).”
Commissioner Wayne Dukes, who was on the board in 2014, said “We’re all human. When this thing came up … I heard the magic words, ‘save insurance for people who live in flood zones’.” Dukes publicly thanked Steve Barton and Margot McConnell, who researched the ordinance, and organized three informational public meetings, spreading awareness to the involved communities. “You can blame me if you want to”, Dukes said, “At the time, it seemed like the logical thing to do, and it obviously isn’t.” He continued, “There were also some negative things said about staff, and I don’t think that’s fair either. I will be pleased to make the motion to set this thing back to the way it was (prior to the 2014 revision).”
Before answering further questions, Chairman Steve Champion addressed the crowd, saying that Linsbeck had already briefed the board, but appreciated the efforts of Barton and McConnell, and all present. He went on to say, “But I also briefed … some of the leaders of Hernando Beach that have organized all of you here today. I don’t think it was fairly communicated to you what the intention of staff was. I had this information, and communicated it to those leaders.”
Also explaining his initial approval of the 2014 revision, Commissioner Nick Nicholson said that he was only thinking of homes damaged by a flood, and people adding on to a house in a floodplain. “Which I’m still against … it doesn’t make any sense to me.” However, Nicholson agreed with the recommendation that the ordinance be repealed for the other reasons cited earlier. Nicholson seconded the motion.
Commissioner John Allocco is also in favor of returning to the “per incident/ per permit” system. Allocco, who was not on the 2014 board still apologized to the public and board, acknowledging that mistakes are possible, and that correcting them is also. “We have to do a better job of communicating with you, and I think it’s a good idea if we slow down while we move forward with these ordinances.”
Commissioner Jeff Holcomb thanked Linsbeck and Assistant County Administrator Ron Pianta, who had the ability to oppose the repeal, but considered all the information and came to a consensus with the board. He went on to say, “In a broader sense, this board is demonstrating what we want to see from all of our government officials. We want to see what intelligent, thoughtful information can be presented to government leaders… so they can make a logical decision that’s best for the community.”
Official public hearings for official repeal and revision of the ordinance will be announced for future Board of County Commissioners meetings.