Broad Channel Civic Association Meeting 3/28/2013

Last night, residents of West 12th Road attended the Broad Channel Civic Association at the American Legion which started at 7:30pm.

There were three (3) issues of particular interest to West 12th Road:

1.  The Biggert-Waters Flood Insurance Reform Act,

2.  NYC Action Plan Re: Community Development Block Grant Program and,

3.  The status of DOT's Tidal Street Flooding Mitigation Project for West 11th, 12th and 13th Roads. 

Issue #1:  Biggert-Waters Flood Insurance Reform Act of 2012

Although this legislation was addressed at the meeting I came away from the meeting with the distinct feeling that most residents did not fully comprehend the scope of this law and I returned home with the intent of attempting to summarize this issue myself as it presents a very clear and present danger to the ultimate survival of our Broad Channel Community. 

In this morning's edition of the WAVE there was a "Special Editorial" which addresses this issue far more effectively than I ever could and so I have provided it below for the information of those of you who are still displaced without access to our local newspaper.

I cannot stress strongly enough that this legislation is a "town killer" and unless our elected officials (who by the way, all voted for this law) act seriously and quickly to legislate relief from this law, we are all in a world of hurt.  [A summary of this legislation can be found by clicking here].

In early March 2013, the Broad Channel Civic Association passed a resolution stating emphatically that this legislation needs to be revised in order to provide relief to local homeowners and businesses who would otherwise be devastated by the extraordinary mitigation and insurance costs of this law.  

[The resolution can be viewed here] 

Peter J. Mahon

Special Editorial (The WAVE Friday March 29, 2013)

If you care about Rockaway this is about you. It’s not a fun subject but don’t let your eyes glaze over. It’s about FEMA and flood insurance.This is about YOU. About you, your family, your friends. It’s about you whether you rent or own. Whether you have a mortgage or not. It’s about the future of Rockaway. Period. This is not hype or a headline grabbing stunt. We want YOU to be aware of what is unfolding.

Maybe you’ve been too busy putting your house and life back together to think about flood insurance. And maybe you don’t think it’s an issue that concerns you. Or maybe you’re an optimist that compels you to think things will work out. Well, please read the following and then decide if it’s time to act.

The reason this involves EVERYONE in Rockaway is because drastic flood insurance costs could destabilize the entire peninsula. House prices could plummet, stores could close, people might be forced to walk away from their houses. Even people in high-rises might be affected.

Unless action is taken, another disaster is heading for Rockaway.

In July 2012 – before Sandy –the Biggert-Waters Act was signed into law. This act essentially bailed out the National Flood Insurance Program (devastated by payouts as a result of Hurricane Katrina) and removed subsidies for most flood insurance coverage. Senator Schumer, Senator Gillibrand, and Congressman Meeks and every congressperson —Republican and Democrat— in the area voted for it. We’ll get to them later.

For now, let’s just consider what is before us. FEMA recently issued new flood maps and advisory elevations (how high your first floor should be above sea level).

First off, do not be fooled by the term “advisory.” A FEMA official said these maps were done with the cooperation of several agencies (including the Army Corps of Engineers) and with experts from numerous fields. We expect most of the maps to move from advisory to accepted.

Most of Rockaway will be moved into an A Flood Zone. All of Broad Channel will be put in the V Zone. A and V are the costliest insurance zones.

Currently, a fair portion of Rockaway is now in a low-risk zone (the X zone). That is a result of maps from 1983. In recent years, FEMA has been working on new maps and adjusting zones according to new probabilities of flooding. As a result, Rockaway and Broad Channel will be moved into A and V zones.

By being put into the A and V zones more homeowners will have to get flood insurance. Banks will insist on it. Stores and businesses will face the same.

In many cases, if you’ve already been paying flood insurance, you’ve been getting a break. The rates have been government subsidized but thanks to the new law, the subsidies are going away. If you’re in an A zone now, you might already be paying as much as $3000 per year in flood insurance. Under the new law, that rate can climb to $9500 or morein five years. Yes, or more.

Again, all of Rockaway is being moved into the A zone. All homeowners should be aware of the implications of this.

Generally, the new FEMA advisory maps say the first floor of living area of Rockaway houses should be 10-12 feet above the mean high tide (which we’ll call sea level). Here’s an example: The curb in front of your house is probably between 5-8 feet above sea level. If it’s just five feet above sea level, and FEMA says your living area should be at the 12 foot elevation level, you need the first floor to be SEVEN feet higher than the curb.

Another example: If your curb is 8 feet above sea level you need your first floor to be at least four feet higher than the curb. Maybe you walk a few steps up to get to your first floor and when you step inside your house you’ll be right at the 10-12 foot elevation mark.

But wait, do you have a basement? Maybe a bedroom or an office down there? No good. That’s where you measure from – if you use your basement, your first living area might be 10 feet BELOW the advisory level.

Say, you don’t have a bedroom – just a furnace and hot water heater? Same thing. For flood insurance purposes you are far BELOW the advisory level.

If you are below the advisory level you will pay dearly. FEMA uses an example of a house that is 4 feet below the advisory level. The annual flood insurance cost for such a house will be $9500 per YEAR. If you want to keep your basement and be 10 feet below the FEMA (ABFE) level the cost will far exceed $10,000 a year, if you’re insured at all. Again, if your living area is more than 4 feet below the elevation level the application has to be submitted for a rate review (certain to be more than $9500 a year).

You can find out what your Advisory level is now. Go to www.region2coastal.com/sandy/table, put in your address. (The likely level is between 10-12 feet.) Unfortunately, you’ll need a professional surveyor to tell you exactly how high above sea level your street and first floor are.

If you haven’t needed or been required to purchase flood insurance, perhaps you were in an X or B zone. Well, you might want to purchase some insurance now. You can lock in these rates (as opposed to paying for A Zone) for as long as you own the house and as long as you don’t let coverage lapse. This chance at buying the lower rate policy will expire as soon as the advisory levels are accepted (which will happen within a year or two) when all of Rockaway becomes an A zone.

An X zone policy might cost you just $458 a year right now. This rate will climb over the next few years but not get anywhere near the A Zone rates.

But that’s where the good news ends. The X Zone rate is not protected when you sell the house. Any new buyer will face A Zone rates. Assuming you have a basement or have a house that is below the 10- 12 foot elevation level, a new buyer will have to pay thousands in flood insurance. There will be no phasing-in period for new buyers. They’ll face the steep insurance rates right away. Depending upon elevation levels, new buyers could face premiums of $9500 or more.

And most new buyers will need a mortgage. Banks will insist on flood insurance. When banks figure out if an owner can afford a house, this $9500 a year expense will be calculated. We bet that will make the difference whether someone can afford your house or not. If buyers can’t afford your house, the price will have to come down.

The FEMA option to paying such crushing rates is to elevate your house (although FEMA says you do not have to raise your house NOW).

There will be funds available (both through FEMA and through Community Development Block Grants) for some homeowners who want to have their houses elevated. Whether the funds will cover the total cost we don’t know. We’ve heard estimates ranging anywhere between $50 and $100 thousand – and we can imagine some houses costing more than that. (In future reports, we’ll tell you about whether you’ll even qualify for these grants.)

But first, keep in mind. Before you start wondering if your house can be elevated at all, realize you are surrendering the idea of a basement. Your furnace and hot water heat must be elevated, too. So, they will likely be on your first floor. You might have to surrender a basement and another room on the first floor to accommodate the furnace. Or add a room. Somewhere. Not so easy.

We won’t even bother with the challenges of elevating attached or semi-attached houses, houses with sunken driveways leading to a garage; or old houses with plaster walls. House elevation will be a case by case basis. In many instances, it will be impossible and the only option will be the crushing flood insurance.

We won’t even comment on how elevating houses might make neighborhoods look, well, ugly. If all houses were raised that might make for a nice looking block. But a house here and a house there towering above others? Not so nice.

Oh, and the city might actually demand homeowners go one or two feet ABOVE FEMA’s advisory level in a process called “freeboarding.” (If you were lucky on the elevation levels so far, the extra requirement by the city might do you in.) Again, if FEMA wants your first floor 12 feet above sea level the city might demand homeowners be at 13 or 14 feet– which could make the difference in whether you have to elevate or pay exorbitant rates.

And here’s something we don’t think FEMA or many others have considered. Are houses that are elevated more vulnerable to WIND damage? Will houses be safe from floods but then more likely to be toppled by winds? We’d like an answer to this. Why should we elevate houses that are not hurricane proof?

If you don’t have to elevate or don’t need flood insurance (you don’t have a mortgage), remember that when you sell, the buyer might very well need a mortgage (or want an elevated house). They’ll make you pay on the purchase price – if they want to buy at all.

And if you don’t need flood insurance – and don’t ever intend to sell – you don’t have to do a thing. BUT if you want a community that is stable, you want a variety of stores that can afford to operate here, and you want to live in a desirable neighborhood THEN you’ll know you can’t put your head in the sand on this issue.

And, as we said, this isn’t just about homeowners. Live in a highrise? If the building owners need flood insurance they’ll probably have to give up the first floor or two. Furnaces (mechanicals) will have to be set no lower than the first floor living area (probably 5- 8 feet higher than the height of the lobby now). People live on the first floor now – where will they go? And with fewer apartments, you can bet higher rents and assessments will be just one consequence. There’ll be others.

Own a store or a business? Believe us when we tell you that FEMA is advising that STORES be elevated too. If stores are in a building that needs flood insurance the choice is elevate or pay flood premiums of $10,000 or more per year. How many Rockaway stores will close with that extra burden? We fear plenty. (We know of a large store that can’t reopen because it’s waiting to hear about whether they need to elevate the building – which will be impossible).

Folks, this is real. The only good news we see is that we’re not alone. Broad Channel is already ahead of Rockaway on this. The Broad Channel Civic Association has passed a resolution in opposition to the Biggert-Waters Act. Other coastal communities are facing the same drastic reality. There is a group in New Jersey called Stop FEMA Now. It’s a fast growing movement. Rockaway has to get onboard and start sounding the alarms.

As for our representatives – here’s the shocking part. Although they represent numerous coastal communities, they all voted for the Biggert-Waters Act last June. As far as we can tell, Louisiana senator, Mary Landrieu was the only official warning about the potential disaster of unsubsidized flood premiums. Landrieu was recently joined by New Jersey senators Lautenberg and Menendez in asking FEMA to postpone rate increases. Where are our New York senators, Schumer and Gillibrand, on this? Congressman Meeks has proposed extending the amount of years from 5 to 8 before full rates apply. Not good enough, but at least it’s an indication that he knows the current plan is a disaster in the making.

Again, this act removes all subsidies from the National Flood Insurance Program. This was signed pre-Sandy. We would be facing the same options: absurd flood insurance costs now or home elevation. Had Sandy not occurred, homeowners would be expected to foot the bill for home elevation. Sandy aid might now cover some or all of it, if the house can be elevated. So, strangely enough, our elected officials got lucky with Sandy. At some point, they’ll be able to offer money to some homeowners who can reasonably elevate their homes. Had Sandy not happened, these same reps would have been among those who voted for you to elevate your house on your own. We don’t think they should be praised for their luck.

Here’s the one loophole we see. As part of the Biggert-Waters Act FEMA is REQUIRED to do a study about affordability. The study calls for methods of establishing an affordability framework for flood insurance, including targeted assistance.

Our reps MUST offer input, challenge – and be ALL OVER THIS STUDY.

But do they even know a study is required? Since they signed the bill in the first place, we don’t know if they know anything.

The study is supposed to be released on April 6th.

There’s an irony here. The Army Corps of Engineers says they’re going to make Rockaway safer than ever with sand replenishment and jetties. Well, Rockaway will be a well-protected ghost town if flood insurance rates are allowed to skyrocket.

You don’t have to know all the particulars but you should call our representatives and tell them you are concerned about flood insurance and the future of Rockaway and you want them to get to work on legislation that will help us.

They need to hear from YOU.

Call Senator Schumer: 202-224-6542 Call Senator Gillibrand: 202- 224-4451 Call Congressman Meeks 202-225-3461.

Not sure what to say?  Just Ask what they're doing about flood insurance.  And maybe tell them you know they voted for the Biggert-Waters act which is now threatening our entire community.  Call them. They represent YOU.

Issue #2:   NYC Action Plan Re: Community Development Block Grant Program

The W12thRd Block Association originally posted this 200 page document earlier this month on March 22nd recommending that of all you attempt read it as it is very important that each of us be keenly aware of exactly how the city plans to distribute this 1.7 billion dollars in federal monies and what restrictions and regulations will accompany these funds.

That same message was provided at last night's civic meeting.  It was recommended that residents read this document and provide comments back to the city prior to April 4th.

You can read this document on this site (click here) or at the New York City website.

You can provide your comments on this document by clicking here.

It is important that any of you who do take the time to read and comment on this document also provide your comments to your elected officials, especially Assemblyman Phil Goldfeder and Congressman Meeks.
Comments should also be made available to the BroadChannelCivic Association 

Issue #3:  Status of Flood Mitigation Project (W11th, 12th and 13th Roads)

The W12thRd Block Association posted an update in this regard on March 17th indicating that the project is back on track and will be bid out this June with bulkhead construction to start at the end of W12th Road sometime in late summer.  No additional infortmation was provided at last nights meeting.

Miscellaneous

New Commanding Officer 100th Police Precinct

Captain Craig Adleman, the newly assigned Commanding Officer of the 100th Precinct was present and introduced himself to residents at the meeting.

A Captain for over 4 years, Captain Adleman has served in the 113th, 106th 105th and 102nd precincts and has family in the Rockaway area. 

Captain Adleman assured residents that even though "Commanding Officers have been changed, the operations of 100th Precinct remain the same...your problems are our problems..." and that he and his staff are there to assist us in any problems that may arise requiring their intervention.

Captain Adleman stated that he is keenly aware of the tidal street flooding here in Broad Channel and the need for residents to park their personal vehicles on the Cross Bay Boulevard median during times of flooding without his officers ticketing them.

The issue of Traffic Agents issuing violations to these cars during times of tidal flooding arose and although the Precinct informs Traffic of such flooding conditions and the need for a "relaxed" parking enforcement protocol, they oftentimes do not heed same.

Prior to Sandy, Traffic was invited to a Civic Meeting to discuss this issue but did not send a representative.

It was recommended that another invitation be extended to Traffic in order to attempt to address this ongoing issue.

Elected Officials

According the minutes of the last civic meeting, State Senator Joe Addabbo proposed a meeting between all elected officials to come together to seek legislative relief from FEMA's proposed "V" Flood Elevation rating for Broad Channel.  No additional information about progress in this area was forthcoming at last night's meeting.

Councilman Eric Ulrich's office indicated that they have been made aware of sections of missing guardrails in the Gateway Sanctuary area and will explore replacing same.

Assemblyman Phil Goldfeder's office indicated his recent support (as well as the support of Congressman Meeks) for re-establishing the Rockaway Rail Line.  His office also stated they are working to obtain continued funding for the Rockaway Ferry Service.

Historical Society

Barbara Torborg reported that contrary to some reports, 95% of the historical society's collection has been saved.  She stated that the society would appreciate any pictures, documents, memorabilia of Hurricane Sandy's impact on Broad Channel. Copies of the 2013 Broad Channel calendar are available in Rock n Roll Bagel ($5.00).

Beautification Committee

It was reported that one of the tree pits on Cross Bay Boulevard had developed a substantial sink hole, possibly as a result of Hurricane Sandy.  Caution should be paid in these areas and any dangerous condition observed reported to 311.

Broad Channel Volunteer Fire Department

New Firehouse project has been delayed as a result of Hurricane Sandy requiring design changes pursuant to the new (pending) flood elevation codes.

The Installation dance/dinner originally planned for November at the American Legion Hall was delayed by Hurricane Sandy and ultimately held at the Rockaway Knights of Columbus.

Additional information on the vollies may be found by clicking here.

Of Note:

Dan Mundy Sr. recommended that the UCO be requested to endorse all Civic Association letters regarding FEMA's proposed "V" flood elevation rating for Broad Channel and issues regarding the Biggert-Waters Flood Insurance Reform Act because of their larger and more inclusive resident membership.

It was also recommended that the association's appreciation be expressed to the American Legion for their generosity in allowing the use of their hall while the VFW is being repaired.