Pines, Sandpiper homes deemed uninhabitable
BRADENTON BEACH – At an Oct. 17 city commission meeting, Bradenton Beach Building Official Darin Cushing delivered the news he never wanted to give and mobile home residents never wanted to receive – that FEMA guidelines related to water intrusion from hurricanes have rendered the mobile homes at Pines and Sandpiper mobile home parks uninhabitable. Based on the city’s flood plain ordinance, the mobile homes could only remain if elevated to a height of up to 12 feet – an alternative Cushing said would likely not be economically or structurally feasible.
Cushing addressed the anxious residents who packed city hall chambers at the noon commission meeting.
“I’ve spoken with a lot of you out in the streets and over the phone and via text and emails for the last few days and weeks, we’ve gone back and forth a few times trying to find some way to get a good answer and a good solution, and this is not just the Pines but Sandpiper,” he said.
He then read his notes outlining FEMA guidelines:
“In accordance with FEMA’s damage assessment guide, there are different degrees of damage when it comes to mobile homes, or as they call them manufactured homes, and those different degrees of damage are affected, minor, major and destroyed. By these degrees of damage, all of the mobile homes in the Pines and many in the Sandpiper, but not all, have major damage by that guideline,” he said.
He said that major damage occurs when water covers the floor system and enters the living space of the residence, but is below the ceiling.
“There was some question whether major damage is the same as substantial damage. In speaking with FEMA representatives yesterday in person, that’s what they considered,” he said. “By this description, according to FEMA, the structure is considered to be substantially damaged and, in accordance with the city of Bradenton Beach flood ordinance, it says if an existing manufactured home has incurred substantial damage as the result of a flood it shall be elevated such that the bottom of the frame is at the Base Flood Elevation (BFE) plus three feet.”
The BFE at the Pines is nine feet. The BFE at the Sandpiper is seven or eight feet, depending on the section. Plus three feet would mean that homes at the Pines would need to be elevated to 12 feet with homes at the Sandpiper raised to 10-11 feet, depending on the section they’re located in.
“It would have to be on columns, on pilings into the ground, and all the other engineering that goes along with that. It appears to me that the engineering involved alone would cost more than the value of the structures,” Cushing said.
He said all utilities would have to be raised and stairs would have to be included. Permitting would be the responsibility of the property owner. In the case of the Pines, that would be local developer Shawn Kaleta and other unnamed investors.
“I don’t believe there’s a unit over there that structurally could withstand being 12 feet up in the air,” Cushing said.
The Pines has 86 units and Sandpiper Resort has 166.
Residents react
Residents’ reactions to the news ranged from strong emotions to offering alternative suggestions.
One Pines homeowner said she and her husband had bought a unit as an investment earlier this year.
“Are you telling me all that money is gone?” she asked.
“This is going to look like Pensacola, all the units will be in the air,” Eric Janson said.
“So according to your guidelines, every single-story structure that had water covering the floor is condemned?” James Hughes asked.
“This is specifically for manufactured homes,” Cushing said. “If a single-story home reaches that category of substantial damage, yes, they’re going to have to elevate. Commercial buildings have the option of flood-proofing.”
Elaine Armaniaco asked if the local ordinances could be changed.
“You’re redesigning the entire town,” she said. “Couldn’t you all get in some room and say hey, we need to rethink this? There has to be a little more brainstorming and a little more effort put into the creative process here of how we can save the entire character of this town, including the mobile parks, because based on what you’re saying now Bradenton Beach doesn’t exist. Let’s call this what it is. This is disastrous.”
“We did recently augment it,” Cushing said. “This ordinance was rewritten just in the last couple of years just for that very reason, to save this town, to save the buildings.”
Cushing said the buildings that are compliant with the floodplain ordinance received very little damage during recent hurricanes.
“We’ve all been here a long time and over the years, the building requirements have changed for everybody,” Mayor John Chappie said. “Everybody has been affected by the FEMA rules by the flood insurance guidelines.”
Cushing explained those guidelines.
“The city participates in what is called the community rating system, along with every city and county in the state of Florida for sure, and the rest of the country that has coastal water flood zones,” Cushing said. “It’s a system in which the city is graded by the federal government, FEMA and NFIP, the National Flood Insurance Program. Every year they come through to make sure that we’re following the rules that were sent down by the feds. If we were going to change rules they wouldn’t get less restrictive, they’d get more restrictive.”
The better the rating a city gets, the flood insurance rates are lowered, he said.
“It’s not something we just do arbitrarily. We have to follow those rules,” Cushing said.
50 Percent rule
“Basically their definition of substantial damage is – you’ve heard of the 50% rule,” Cushing said. “That rule says if damages to a structure are to a level such that it would cost 50% or more of the value of the structure to bring it back to its original condition, it has to be elevated to flood compliance and Florida Building Code.”
Cushing said as a flood plain manager, he is tasked with making that determination by either the property appraiser’s value or obtaining a private appraisal from the property owner.
“I get the flood insurance issue. These mobile homes, nobody has flood insurance,” Brett Williams said. “Two days ago you were going to come out to do a 50/50 assessment. All of a sudden you all decided you weren’t going to play it that way?”
Cushing said would take ownership of that, but that he was required to attend a Manatee County meeting with the Florida Division of Emergency Management (FDEM) and FEMA about damage assessment.
“At 8:30 yesterday morning I went to that training because it was required,” Cushing said. “Every building official in the entire county was there as well as multiple inspectors. There was a representative from FDEM and from FEMA.”
Cushing said he raised his hand at that meeting and asked specifically about mobile homes on the Island.
“The guy from FEMA told me if they got any water in them, that’s it, they’re toast. That’s basically what he told me,” Cushing said. “I don’t want to be the one to make this decision, but I am and I feel terrible for all of you and that’s where we are.”
City attorney Ricinda Perry said that every municipality in the state of Florida was given the same directive and requirements from FEMA.
“Will Manatee County be going to the trailer parks and mobile home parks that were affected by flood waters and having the exact same discussion about not being able to rebuild perhaps within the 50%?” Perry asked. “Is your information different from what Manatee County is going to be giving those parks?”
Cushing said the only differences would be related to each municipality’s and county’s floodplain ordinance.
“They’re all very similar,” he said. “I’ve lost sleep for the last three nights trying to figure out a way to make it so I didn’t have to tell you this, but this is what I have to tell you.”
Perry said the city is required to adopt a floodplain ordinance.
“The overriding purpose of the flood plain management regulations is to ensure that the participating communities take into account flood hazards to the extent that they are known in all official actions relating to land management or use,” Cushing said.
It’s not just Bradenton Beach, it’s all the communities, Chappie said.
At a resident’s suggestion that the Pines could be annexed from the rest of the city, Perry replied, “This is hard for all of us. I know our history and I know where all these mobile home parks came from. This isn’t something we take lightly. It’s my job to make sure we are following the laws even if we don’t like them. We have to abide by federal laws, federal regulations. The sovereignty of a municipality is absolutely trumped every single time by federal rules and law.”
FEMA will penalize the city if the city does not execute what is necessary to enforce their rules, she said.
Nearby communities
Genevieve McDonald asked about other nearby communities affected by flooding.
“It’s all starting to hit me all at once, but basically what you’re saying is all the mobile home parks in Manatee County are probably going to be condemned at some point?” she asked.
“I would say all the ones on the Island,” Cushing said. “The stuff on Cortez close to the river got the water we got on this side. I spoke to the Holmes Beach building official and he said any mobile homes there were gone.”
“The county is going to start their assessment of the three trailer parks right over the bridge this week, so they’re about to get the same news,” Police Chief John Cosby said.
Residents next steps and timeline
The residents in the park have paid their October lot fees.
“I was wondering if there was any way to get our money back from the owner,” one resident said. “Our places are unlivable. Every penny counts to us.”
Pine’s owner Shawn Kaleta’s representative Sam Negrin spoke.
“It seems there’s a misconception there is just one owner, there are over 10,” Negrin said. “It’s an investment conglomerate.”
Negrin said the mortgage holders for the property have been unwilling to provide any relief.
“We cashed the October rent checks because we still have to pay our very high mortgage on the property,” Negrin said. “This will have to come up for discussion and there will be compassion shown.”
He said he cannot provide answers to the mobile home residents pending discussion with the owners.
