STATE FARM'S HEAD ON A PLATTER
What Gulf Coast Congressman Gene Taylor wanted the Easter Bunny to bring him.
South Mississippi Living 4/07

Sunday, September 23, 2007

Buy-outs may be ‘voluntary,’ but insurance a big question¯



By Mary G. Seiley
Sep 21, 2007, 17:56

Area officials are apparently taking a go-slow approach in reacting to state and federal plans for a buyout of flood-prone portions of Bay St. Louis.

Despite some loud pleas from the audience at Tuesday’s City Council meeting, council didn’t jump at the chance to go on record opposed to buyouts, voluntary or mandatory.

Instead, council endorsed a Hancock County Chamber of Commerce resolution on the matter.

The Chamber resolution, passed on Tuesday afternoon, doesn’t even have the word “buyout” in it. It urges coordination and cooperation of all governments involved. It also states that the draft Mississippi Coastal Improvement Plan is “negatively impacting recovery and rebuilding efforts by citizens, volunteer groups, faith based organizations, developers and investors…"

Much of the Chamber resolution outlines the extensive 20-year plans under development now in the Bay, Waveland and Hancock County, all considering future ways to mitigate storm damages.

Council members said they’ll go on record with some resolution of their own, waiting until the Oct.8 and Oct. 9 meetings to revisit the issue.

Some citizens are saying voluntary buyouts may be just the thing this area needs. Others are saying the program would devastate the local economy.

The Mississippi Department of Marine Resources and the U.S. Army Corps of Engineers held a public meting Monday on the topic, drawing more than 500 local residents and politicians. At that meeting, DMR’s director, Dr. Bill Walker, stressed repeatedly that the buyouts under consideration would be voluntary only.

The idea, he said, is for a federal buyout of areas which are so flood prone they can’t be protected by physical structures such as levees and seawalls. The government would buy up those areas -- such as Cedar Point and Shoreline Park, and forever restrict structural development on them.

Owners would be given cash for their land and money to build homes on safer grounds, he said. The huge area between Bayou La Croix and Julia Street, all along Highway 603, contains high-risk areas labeled for an “accelerated buyout” program, and “potential“ buyouts later.

Even as the vast majority of citizens railed against such a plan Monday, there were a few who spoke up saying it’s probably a good idea.

One said so at Tuesday’s meeting. Debra Kennedy told City Council that some property owners in the flood prone zones won’t be able to sell their lands on the private market. At least the buyout would put “money in their pockets” to build in a safer place.

One big, unanswered question concerns whether property owners who turn down a buyout offer would be able to buy federal Flood Insurance in the future. Further, some doubt that private homeowner insurance will be affordable in such areas, especially after the new federal flood maps are issued.

“If they offered me a buyout and I say no, there’s a possibility my insurance rates will go sky high and I can’t stay anyway,” said Sam Moore to council.

Another citizen Bob Wingate, said it’s useless to pass a resolution opposing mandatory buyouts, when DMR insists their proposal is for voluntary participation only.

Ward 1 councilmember Doug Seal, whose Cedar Point territory was wiped out by Katrina, said a voluntary buyout program has been going on there for years. “Land in Cedar Point has been bought…because of repetitive (flood) losses,“ he said. “This is not new. It’s just the magnitude of it."

The Chamber’s resolution urges President George W. Bush, Gov. Haley Barbour and members of Congress to require that any plans by the DMR or Corps in the future “only include those that are designated as appropriate through the city of Bay St. Louis, city of Waveland and Hancock County comprehensive plans.

“This effort would restore faith in the community by citizens, volunteers, business owners and investors.”

Real Estate broker Camille Tate said the Chamber originally voted to push that the buyout plan be voluntary only. “They had it in there but took it out,” she said.

And Tate said as it stands, the high cost of insurance has slowed area sales to a crawl. “As far as prices being elevated right now, they may be. But (properties) ain’t selling.”

Council initially endorsed the Chamber resolution, but rescinded it as debate erupted over whether the city should denounce mandatory buyouts. Some in the audience said they should denounce voluntary buyout too.

Former City Attorney John Scafide warned that any such vote now is premature. He said he has “a sneaking suspicion” that there’s a connection between the draft federal plan and the new Base Flood Elevation maps that are in the wings.

If those new maps make it virtually impossible to build single family homes in the areas at issue, he said, “you may want to see voluntary buyouts as the only way out for some people.”

Taking the opposite view was Carroll Gordan, father-in-law of Rep. Gene Taylor. “Take it out, mandatory or voluntary. Take it out. It’s going to kill you,” Gordan said of the buyout idea.

Council finally agreed to undo whatever motions and votes they had taken during the night and take their time in writing a separate resolution.

Council members each went on record with preliminary positions. At-large council member Bill Taylor said he’s opposed to mandatory buyouts and any “wholesale buyouts” in general. Agreeing with that was Ward 4’s council member Bobby Compretta, but both said they weren’t sure they’d want to oppose voluntary buyouts.

Seal said he too opposes mandatory buyouts, but added many other parts of the federal plan are good and need to be considered, such as new elevations and rebuilding a stronger community. “We can’t opt out of the program,” said Seal. “We do have to mitigate” the dangers of living on the Coast. He also questioned “at what point” will America lose interest in this area’s flooding problems.

“It’s America,” he said, “and there are people who want to sell out now. But…what happens if everybody sells? It needs to be looked at carefully.”

>Ward 3’s Jeffery Reed also opposed mandatory buyouts. “But…I think people have the right to do what they want to. This is America. You own something, I think you have the right to do what you want to with it.”

Ward 2’s James C. Thriffiley III, said if council doesn’t go on record against a mandatory buyout, “it puts the breaks on development and…destroys builder incentives.”



© Copyright 2007 Bay St. Louis Newspapers, Inc.

The Sea Coast Echo published the original article Septebmer 21, 2007.


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Thursday, September 20, 2007

Religious leaders protest port plan

Housing money to expand port

By PRISCILLA FRULLA
pfrulla@sunherald.com
Posted on Thu, Sep. 20, 2007

BILOXI --More than a dozen religious leaders issued a challenge to Gov. Haley Barbour on Wednesday, giving him 24 hours to answer their protests to a plan that would use housing recovery funds to expand the Port of Gulfport.

The Mississippi Coast Interfaith Disaster Task Force held a meeting at the Saenger Theater urging residents to comment on the Mississippi Development Authority plan announced Sept. 7 to redirect $600 million of Community Development Block Funds allocated for the Homeowner Assistance Program to rebuild the port.

"Our objective is to ensure the $600 million is used for its intended purpose," said pastor Jason Johnson of the Abundant Life Evangelical Church of Biloxi.

Pastor Larry Hawkins of the Union Baptist Missionary Baptist Church of Pascagoula said he expects a response from Barbour today when he comes to the Saenger for a debate with gubernatorial candidate John Eaves.

"Unmet needs cannot continue to go unmet," said Hawkins.

Faith-based organizations have been bearing the burden of unmet housing needs, Hawkins said. The state's assistance program has been flawed from the start, he said.

The MDA issued a statement following the meeting: "The Port of Gulfport recovery is part of the plan that the governor submitted to Congress, the President and the Legislature in November 2005 to obtain this recovery funding. We're using these funds to rebuild and upgrade the Port of Gulfport to restore jobs and ultimately impact the Coast's economy. We have created and implemented first-of-their-kind programs for both homeowners and renters, and we will continue to do so."

Johnson said the group does not oppose economic development or expansion of the port, but it wants the state to find other funds for the project. He said the group is facing a difficult battle.

"I call it Goliath," Johnson said.

Pastor Darrell Taylor of the Prince of Peace Baptist Church said the task force has collected more than 2,000 signatures on a petition opposing the MDA plan.

The Sun Herald originally published this article on September 20, 2007.

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Using crayons to ease the trauma of hurricane Katrina



By Shaila Dewan

Published: September 17, 2007

BAKER, Louisiana: One of the most common images in children's art is the house: a square, topped by a pointy roof, outfitted with doors and windows.

So Karla Leopold, an art therapist from California, was intrigued when she noticed that for many of the young victims of Hurricane Katrina, the house had morphed into a triangle.

"At first we thought it was a fluke, but we saw it repeatedly in children of all ages," said Leopold, who with a team of therapists has made nine visits to Renaissance Village here, the largest trailer park for Katrina evacuees, to work with children. "Then we realized the internal schema of these children had changed. They weren't drawing the house as a place of safety. They were drawing the roof."

Countless articles and at least five major studies have focused on the lasting trauma experienced by Hurricane Katrina survivors, warning of anxiety, difficulty in school, even suicidal impulses. But few things illustrate the impact as effectively as the art that has come out of sessions under the large white tent that is the only community gathering spot at Renaissance Village, a gravel-covered former cow pasture with high truancy rates and little to occupy youngsters who do not know when, or if, they will return home.

Even now the children's drawings are populated by alligators, dead birds, helicopters and rescue boats. At a session in May one 8-year-old, Brittney Barbarin, drew a swimming pool full of squiggly black lines. Asked who was in the pool, she replied, "Snakes."

The drawings, photographs and sculptures, about 50 of which went on display Sunday at the New Orleans Museum of Art, are a good indicator of how children are coping, said Irwin Redlener, the co-founder of the Children's Health Fund, which has provided mobile mental health clinics to some families along the Gulf Coast. The art also shows that the trauma did not end with the hurricane.

"The real prescription for these families is to get them back into a normal community," Redlener said. "We're treading water doing these things, when I'd like to take my prescription pad and write, 'Home.' "

On Saturday a wild commotion greeted the arrival of the art therapists, who were handing out T-shirts and registering families for a bus trip to the museum the next day for the exhibition, "Katrina Through the Eyes of Children," which runs through Oct. 7. The therapists asked the children to draw two pictures each, and then kept an eye out for indicators of deep disturbance, like a picture by Trinity Williams, 7, that showed a figure swimming with a shark.

Turbulent blue lines covered the entire paper.

Trinity is an energetic child who likes to sing and dance, and play tricks like pulling her name tag off and plastering it across her mouth. Leopold coaxed her to sit at a picnic table and add things to the drawing that could help the swimmer: a pool float, an adult in a boat, a yellow sun.

Trinity has been in treatment for hyperactivity since the storm, said Donna Azeez, who is rearing Trinity. When the art therapists visit, Azeez said, Trinity will be "a lot calmer, she'll be smiling."

Even the adults participate, drawing churches, front porches, trees and, in one session, a picture of the trailer park with one palatial house and swimming pool in its midst. Many, both adults and children, draw at a level that is years below what is expected at their age, partly as a result of traumatic regression.

On Saturday, Lashawn Wells, 13, presented a drawing of three stick figures in a scribble of gray water: his mother, sister and brother, their arms up in the air. "Where are you?" Leopold asked.

"I don't want to be in the picture," Lashawn muttered.

Ultimately, Lashawn added himself, a life jacket, a road for running away and a bridge.

Leopold handed him a blank sheet of paper and asked what safe place was waiting for him on the other side of the bridge. "The Superdome?" Lashawn asked tentatively. "Reliant Center?"

Eventually he changed his mind, deciding to draw a house, adding doors, windows, a dresser and, with Leopold's gentle urging, other things he wanted for feeling safe, including a cellphone and a gun. The house was shaped like a triangle.

Leopold said the triangle houses were not drawn solely by children who were rescued from rooftops. "This is the collective unconscious," she said.

Unlike many who have tried to help Katrina evacuees, the art therapists have returned again and again, earning the trust of a community of about 400 families that feels isolated and forgotten.

They have taught the children to knit, furnished them with journals and digital cameras, even taken a lucky few to the Idyllwild Arts Summer Program in California. They have devoted considerable time to letting the children construct and decorate houses and cities, to literally rebuild.

One elaborate three-dimensional version of New Orleans, a community effort built of cardboard boxes that included streets, a church and even a graveyard, was reduced to a soggy mess by a rainstorm. The next day the children began to rebuild.

Rosie O'Donnell's For All Kids Foundation financed the first year of the therapy program; a recent $1 million grant from the country music stars Faith Hill and Tim McGraw will help it continue. Art has piled up in a storage unit in nearby Baton Rouge, Louisiana, and in the garage of Leo Bonamy, a project volunteer.

Leopold said that there are signs of recovery in the children's drawings, but not many. When the American Art Therapy Association held its annual convention in New Orleans last year, she said the organizers asked for examples that were colorful and hopeful. "We didn't have any," she said.

But there are subtle indications: In 2005 Cheryl Porter, 17, drew the car in which she and her family escaped. In the picture Saturday the car was safe in a garage. "If I don't draw, I get in trouble," Cheryl said.

On Sunday three buses filled with families from Renaissance Village headed for the museum, where they would be met in the large, columned lobby with lemonade, cookies and a jazz piano player. As the bus neared the museum, 7-year-old Corielle Mutin spotted Bayou St. John, where two kayakers paddled in the afternoon sun.

"I'm scared," she said, "of the water."

The International Herald Tribune published this article on September 17, 2007.

Copyright © 2007 the International Herald Tribune All rights reserved

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Wednesday, September 19, 2007

'Katrina Sign Maker' Joe De Benvenutti Tells His State Farm Story

Sign in Joe De and Betty Benvenutti's front lawn on Beach Blvd, Bay St. Louis, Miss.

by Ana Maria

While expressing tremendous gratitude and appreciation to all the volunteers and church groups who came to help and who arrived in Katrina Land long before FEMA and the insurance companies, Joe De also expressed his frustration with being able to collect on his insurance premiums that they've been paying faithfully. Joe De and Betty hired an attorney to sue State Farm to pay on the wind coverage on which they've been paying their premiums.

Watch Joe De as he tells his story to Kevin Davis of KETY-TV, Santa Barbara.

Speaking what is in the hearts and minds of the many that Katrina impacted, Joe De said,
"All we want is what we paid for so we can get on with our lives."
Joe De himself works in the insurance industry. Naturally, he and his wife Betty were insured to the hilt.

Although homeowner policies provide for transition housing costs, because State Farm and other insurance companies refused to acknowledge their financial obligations for wind damage, the insurance industry essentially pawned off their housing costs to the federal taxpayers. Thus the tremendous number of FEMA trailers.

In the video, Joe De Benvenutti talks with Kevin Davis, a young and talented production assistant who hopes to break into reporting. Joe De provides a tour of his FEMA trailer as he talks about his family's life in a FEMA trailer some two years after Katrina took their 186 year old Bay St. Louis home on the beach.

Joe De and his wife Betty paid their premiums faithfully and, like homeowners all over the nation, simply expect that loyalty returned in the form of keeping their end of the good neighbor bargain. Joe De also shares the trouble he and his wife have had with their insurance company, State Farm. He's a delightful character who speaks his mind directly with that typical Bay St. Louis charm.

Kevin Davis works for KEYT -TV, an ABC affiliate in Santa Barbara, CA, and is currently looking for his first reporting job. Kevin can be reached at 925-788-1803 and kdavis2600@gmail.com.

© 2007 Ana Maria Rosato. All rights reserved.
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Land buyout plan shocks Hancock

Theresa Thomas Ray of Waveland expresses her doubts about the Army Corps of Engineers ability to protect the Mississippi Coast during a citizens meeting. "If the Army Corps does anything like what they did in New Orleans, we don't need them here," said Ray.
photo by AMANDA McCOY/SUN HERALD


Public meeting draws hundreds

By J.R. WELSH
baybureau@aol.com



More photos: Hancock County Corps meeting (Sept. 18)

BAY ST. LOUIS -- Hancock County was still reeling Tuesday from revelations that the U.S. Army Corps of Engineers is proposing to buy hundreds of acres from private owners to wipe clean flood-prone land in Bay St. Louis.

The plan is part of the Mississippi Coastal Improvements Program, which has been in the working stages for months but only became common knowledge this week. The issue boiled over Monday at a public meeting held by the corps and the Mississippi Department of Marine Resources that was attended by well over 250 people.

Citizen reaction developed immediately. One activist group, Coastal Community Watch, is soliciting questions from citizens for submission to the corps, and is asking the government to provide written answers on a Web site.

Another group created a Web site called savebaywaveland.com, and officials are working on a resolution formally opposing a mandatory buyout and asking that any properties purchased be bought under strict conditions governing future use.

A buyout would be the first step in the 30-year, Coastwide program. In Hancock County, it includes a possible levee, a 40-foot-high seawall around Old Town Bay St. Louis and flood gates at the mouth of the Bay of St. Louis. Targeted areas include Shoreline Park and much of Cedar Point in Bay St. Louis. Hollywood Casino is included.

DMR Executive Director Bill Walker spoke and moderated the meeting at Bay Middle School and caught the wrath of residents opposed to a buyout.

Suspicion were strong Tuesday that buyouts would remain voluntary. "I still believe they'll get to the point where it's going to be mandatory if they start building levees," said Hancock supervisors President Rocky Pullman.

Some also were angry because the plan has barely been publicized, although Walker said it "is a partnership that has been developed over the last two years" by his agency and the corps. Walker said meetings were publicized and held but did not elaborate.

The Sun Herald confirmed Tuesday that corps officials met with Hancock County supervisors and other officials and briefed them on the program in August. The meeting was held in executive session.

[A.M. in the Morning! Note: "Executive session" means that the public officials cannot disclose--even to their staff members--the contents of the meeting.]

Bay St. Louis City Council President Jim Thriffiley was critical, saying it was not good business. "I think any compulsive buyout is dead and over," he said.

Thriffiley said a joint resolution by the City Council, the Chamber of Commerce, the Waveland Board of Aldermen and supervisors will oppose mandatory buyouts and request that properties purchased be bought under the Stafford Act.

That would allow the government to buy property where a home was destroyed by the hurricane, at a price based on both the current value of the land and the value of the home before the storm.

In addition, the land could never be sold by the government and would be used only for public purposes.

Monday night, residents were opposed to even a voluntary buyout. They said such a plan would weaken the community, leave some people living in isolated areas and destroy small businesses if enough homeowners sell.

Then there was the matter of governmental distrust.

"How can the people of Mississippi trust the Corps of Engineers after what they did to New Orleans?" one woman said.

Another said: "You come in here and scare people to death with a plan that's not even thought out. You're not offering these people anything but terror. We already know what terror is."

On the Web

Information on the Mississippi Coastal Improvements Program can be found at:

• coastalcommunity watch.blogspot.com

• savebaywaveland.com

• mscip.usace.army.mil

• hancockchamber.org

Sun Herald original story published here on September 18, 2007.

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Tuesday, September 18, 2007

Tiny Katrina-Battered Miss.Town Triumphs Over Bush Administration

by Ana Maria

An article in today's Sun Herald, a McClatchy newspaper, accurately reflects the jam-packed, standing room only public high school cafeteria at last night's meeting with the residents of my own hometown and the U.S. Army Corps of Engineers. Titled Residents dispute Corp plan: Hancock may be removed from plan, the article reflects the tone and outcome of local residents at a meeting that was relatively unknown about until a few days ago. The only exception to the article that I have is that it wasn't just 200 people, but more like 1,000 who attended.

The Corps of Engineers had apparently originally intended the meeting to take place in a small facility like a trailer, but the ever vigilant and truly beloved county chamber of commerce secured the cafeteria. One woman's pointed question easily summed up the perspective of the crowd, myself included.

"How can we trust the Corps after what you did to New Orleans? We may be form Mississippi, but we're not stupid."
Huge applause erupted.

The plan appears, for now, to be essentially DOA.

Two years ago, the Republican-controlled Congress tasked the Corps of Engineers with developing a plan to "fix the coast." Putting the Corps' proposed 40 foot wall around our tiny town--which is bigger in land mass than San Francisco, I kept thinking of my SF friends and imagining the kind of public response to this same proposal over there. After all, a small tsunami off the Pacific Coast isn't a wild-eyed idea. The wall, however, is a stupid and impractical response. Put a 40 foot wall around the Bush Administration. Hell, at least that way we can be partially protected from more of its insanity.

Employing boring bureaucratic babbling to lull the crowd into seeing the "wisdom" of its proposed plan, Corps spokeswoman Susan Rees babbled on about in terms of 100, 500, and 1,000 year trends. We were having none of it.

So let me let this straight. The Republican Congress with a Republican White House speculated that it could buy up whole communities that have developed over a few hundred years, that has been screwed over by the White House buddies in the insurance industry, and that is willing to rebuild using more hurricane proof standards--if only the insurance companies would pay on the wind premiums we faithfully paid over the years.

Did Karl Rove come up with this plan to starve us financially to the point that we'll just gladly take a few pennies in exchange for our lives, communities and livelihoods? Move where? Work where? Afford housing where? And what about family? What about community?

Thankfully we now have a Democratically-controlled Congress, which I think means that it will listen to the will of these battered and beleaguered residents. After all, Democratic Speaker of the House Nancy Pelosi led a delegation of congressional leaders here to this very tiny town TWICE since Katrina hit. How many Republican delegations have come here? Uh, none. Not ONE. Bush flies in now and again for photo ops. When Republican Dennis Hastert ran Congress, he didn't bother to lead any delegation down here. Bush himself didn't call a conference of leaders to meet down here with residents.

No, ma'am and no, sir. The Democrats provided the only political leadership that came, looked around, and then sat there and listened to the beaten down and battered, but not broken, residents who are surviving Katrina, insurance insanity, and Bush's compassionless FEMA.

The residents of this tiny town of Bay St. Louis and of Hancock County--which Katrina hit the worst, successfully stood up to these ridiculously Republican-propagated policy proposals. The news reports indicate that our verbal pitch forks ran off the Bush-induced proposals--for now.

Amazing how a tiny town triumphs over the Bush Administration.

What's our recipe? Well, down here, there is no greater compliment than to ask for a recipe. So here it is.

Stand up.
Be strong.
Speak your mind.
Join hands with your neighbors--both literal and figurative neighbors.
Engage in battle.
Be fully committed to your goal.

The Corps thought that by doing the bidding of the White House and the then Republican-controlled Congress, it could walk in here relatively unannounced and just have its way with us. All of these players underestimated the landscape. The Republicans thought that they had a lock on their political power, and the 2006 election cycle proved them dead wrong on that. The Corps thought that their secretive plans to demolish our communities would have no formidable opposition. Again, dead wrong.

This provides the last ingredient in the recipe for success.

Allow opponents to underestimate you. Then overwhelm them when the time comes.


When followed, this is a recipe that can do plenty of good any time and any where, most especially in the political arena.

Political lessons from the battered, but not beaten, Katrina-ravaged region. Who'd have ever thought of that?

Read the Sun Herald article here.

© 2007 Ana Maria Rosato. All rights reserved.
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Al Showers Reports On The Need For Dredging In Bay St. Louis

By Al Showers

The water near Ben Gibbens' neighborhood used to rise and fall with the tide from the St. Louis Bay. But mud and silt dumped there by Katrina has clogged the estuary, causing flooding in the neighborhood.

"The stream before Katrina was probably three to five feet deep. Now, it's probably three to five inches deep," Gibbens said. "Now when there is a heavy rain, the street floods cause there's no place for the water to go to."
The bayous and lagoons are part of the natural drainage system. And just like man made drains, when the water flow stops, there's flooding.
"It's just growing more and more. It's completely taken over the lagoon," resident Edward Prados said.


Prados moved to a place on Bass Lagoon six weeks before Katrina.
"You'd see crabs, you'd see fish, it was beautiful. That's the reason why we moved back here and we want it back, we just want it back."
The peaceful beauty of the lagoon isn't Prados' only concern. He too worries if the area isn't dredged, the continued build up of silt and sediment will cause serious flooding.
"We're like the lost paradise back here and nothing's happening. Somebody should come back here and at least look over the situation and consider dredging."
Dr. Bill Walker with the Mississippi Department of Marine Resources says he's encouraged that FEMA has authorized dredging sediment out of public marinas. He hopes, eventually, the same thing will be done along the bayous, lagoons and estuaries across the coast.

But according to FEMA, it's unlikely the federal government will pay for additional dredging.

FEMA Spokeswoman Marcia Hill told WLOX News, "All eligible areas for dredging have already been identified. Silt is not considered marine debris, unless it is blocking navigation in a previously maintained waterway."

The Department of Marine Resources is urging residents who live near a clogged bayou to contact their County Supervisor to see if it's on the dredging list. If not, FEMA says any dredging will have to be done by county or city governments.


Originally aired on WLOX-TV 13, an ABC affiliate in Biloxi, Miss., on September 17, 2007.

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Residents dispute corps plan


Hancock County may be removed from scheme


By J.R. WELSH
baybureau@aol.com


BAY ST. LOUIS --
The top dog at Mississippi's marine resources agency said Monday that if resistance persists here toward a massive federal buyout of private lands envisioned by his agency and the U.S. Army Corps of Engineers, he will drop Hancock County from a scheme that was to include all three coastal counties.

"From what I've heard tonight, this is not a very popular idea here," said Bill Walker, executive director of the Mississippi Department of Marine Resources. "Chances are, we're not going to pursue this in Hancock County."

His remarks came at a public meeting held to explain portions of the Mississippi Coastal Improvements Program, a 30-year, multimillion-dollar plan by the corps and DMR. By the time the evening ended, resident rancor grew so intense that Walker was promising to not only drop the buyout plan, but also remove Hancock County from the entire program.

Aside from property buyouts, it would include extensive hurricane protection projects along the Mississippi Coast.

"If they tell us, 'Stay out of it,' we will remove Hancock County from the entire MSCIP," Walker said.

He repeated throughout the night that the buyout program would be purely voluntary, and no one would be forced to sell his home to the government. That seemed to be a cold comfort to distraught residents, who at times jeered.

Although officials say no firm plan proposal yet exists in writing, the Hancock County meeting was a trial balloon for the program that calls for buying thousands of flood-prone acres and removing current private owners in Hancock, Harrison and Jackson counties. Corps of Engineers maps that have been circulating in recent days show proposed buyout areas that include all of Shoreline Park and parts of the Cedar Point area in Bay St. Louis.

Corps of Engineers representative Susan Rees assured the crowd that a buyout would not be "a land grab to give to some sort of developer out there." Land acquired by the government would remain as marshes or green spaces, she said.

Although she spoke extensively about hurricane data, Rees gave few specifics on the overall plan. And although a study has been under way for two years, nothing yet exists on paper, she said. Officials have until Dec. 31 to file a written plan with Congress.

The plan envisions building a Coastwide hurricane protection system that in Hancock County could include a 40-foot-high seawall around Bay St. Louis, elevated roadways and levees as high as 30 feet along the CSX Railroad tracks, or huge flood gates obstructing the mouth of the Bay of St. Louis. According to a corps artist's concept, a Bay St. Louis seawall would block any view from Old Town of the bay.

After changing the meeting location twice on short public notice, the corps and DMR held the gathering Monday night at Bay Middle School. Despite location confusion, word got around and at least 200 residents packed the school's cafeteria. The mood began as polite and reserved but heated up to a level near hostility toward the two agencies as the night wore on.

Original Sun Herald article published September 18, 2007.

Read A.M. in the Morning's take on the meeting.

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Merlin Group: 103 paid in State Farm settlement

Merlin Group secured the deal

By ANITA LEE
calee@sunherald.com


GULFPORT -->State Farm Fire & Casualty Co. paid for the peace of mind Curtis and Joan Lee feel after two years of fighting with the insurance company over Hurricane Katrina damage.

The Lees' claim was among 103 settled between the nation's largest property and casualty company and the Merlin Law Group.

State Farm spokesman Fraser Engerman said: "We are pleased that we were able to settle these claims without further costly and lengthy litigation. We continue to hope we can resolve other claims still outstanding in the same manner."

The Lees can't discuss the settlement amount, but the $40,000 check State Farm offered him earlier this year obviously pales in comparison. That offer came through the Scruggs Katrina Group, the law firm then representing the Lees.

The Diamondhead couple had already gone twice to state-sponsored mediation with State Farm, where they turned down offers of $100,000 and then $110,000 for destruction of their South Diamondhead home, valued at $360,000 several years before the hurricane.

They then turned to the Scruggs Group, which has by far the longest insurance client list on the Coast. They assumed the amount would be more than State Farm had previously offered.

"You can imagine what we thought when we were handed a check for $40,000," Curtis Lee said. "We told (the Scruggs Group) what to do with it."

The Scruggs Group could not discuss the Lees' settlement, but the firm secured more than $80 million for 640 State Farm clients. Under that settlement, State Farm deducted any previous insurance payments, even if they came from the federal flood program, which paid the Lees policy limits for water damage.

They depended on wind coverage from State Farm to make them whole.

The Lees picked up their settlement check Monday at Merlin's Gulfport office.

"It was such a relief," said Joan Lee, who is retired from D.H. Holmes department store. "We were so nervous this morning. We've done this before. We were very, very pleased with our settlement."

The Merlin Group still has several lawsuits pending against the company.

"State Farm will never admit it owed anything," said the Florida attorney, William F. "Chip" Merlin Jr., who spent part of his childhood in Bay St. Louis and now specializes in litigation against insurance companies. Boyhood friends William Weatherly and Randy Santa Cruz, now attorneys on the Coast, helped persuade Merlin to join them in representing policyholders after Katrina.

The settlement agreement was signed before a late August ruling from the 5th U.S. Circuit Court of Appeals in the case of Leonard vs. Nationwide. The ruling validated policy language that excludes coverage for wind damage when it occurs simultaneously with destruction from tidal surge, covered under federal flood policies.

State Farm has maintained that its policies cover wind damage only when it is "discernible" and separate from water damage. The 5th Circuit has heard arguments about whether State Farm can exclude coverage for wind damage when water contributes, but has not yet ruled.

Joan Lee said when she and her husband saw the newspaper headlines about the Leonard ruling, they fell into a "blue funk," but were assured their agreement was still good. They're hoping the emotional roller-coaster ride is over.

"It was a fight from day one with the insurance companies," Joan Lee said, nodding toward her husband, a retired Whitney Bank vice president. "He was in the fight mode. I was in the flight mode."

Curtis Lee said, "In the past two years, we've had nothing but turmoil." Now, he said, they plan to travel.



Original article published September 18, 207.

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Mississippi Insurance Commissioner's Race Has Far-Reaching Implications

Policyholders of America Endorse Gary Anderson for Miss. Insurance Commissioner

“Illness and fatigue” plagued incumbent Insurance Commissioner, George Dale, who was unseated in the Democratic Primary on August 7. Voters were just plain “sick and tired” of Dale’s proinsurance industry positions and wanted a more consumer-friendly Commish.

Dale had held the position for 32 years but Hurricane Katrina proved too tough a test for the man who basically gave insurers permission to price gouge, deny, delay and lowball legitimate claims in Mississippi.

The State’s Democratic Party didn’t even want Dale to run as a Democrat. They felt the Republican ticket suited him better.

Gary Anderson, a Jackson, MS resident, won the Democratic Primary and will face Republican candidate and State Senator, Mike Chaney, in the November General election.

Anderson’s platform includes implementing several programs that will reduce skyrocketing premiums and give Mississippians a greater field of carriers from which to choose. He also will enforce “best practices” for claims handling. Anderson’s ethics reports filed with the state show he has honored his promise to refuse campaign contributions from insurance companies and/or their executives.

Chaney on the other hand promised to refuse contributions from insurance companies and their “suits” but his ethics report filings tell a different story. Moreover, his Senate voting record gives us a glimpse of what’s to come if he’s elected Insurance Commissioner and it’s not pretty.

Mississippi may be a preamble to future races in states impacted by severe weather. As such, POA feels the need to weigh in on this important race.

Mr. Anderson gets POA’s endorsement.

Read endorsement published in POA's October 2007 newsletter, The Policy Advocate.


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