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

Monday, November 12, 2007

Smart Growth Is Smart for Post-Katrina Business and Community Development

by Ana Maria

In the immediate wake of Katrina’s complete and utter demolition and devastation of the entire Mississippi Gulf Coast came discussions regarding how to rebuild and what that rebuilding would look like. Discussions surrounding land use issues began to hit the press fairly quickly.

Of course, no one imagined that rebuilding would be thwarted almost entirely through Big Insurance deliberately robbing families and businesses of being able to rely on their homeowner and commercial insurance policies to cover the severe wind damage sustained over the 3-4 hours of hurricane force winds that beat down our properties long before the water arrived.

Nevertheless, out of the woodwork came the usual suspects from developers with profit at any cost to the not-in-my-backyard (NIMBY) prototypes, both of which the local papers were reporting.

At the time this public discourse began, I was sitting quite comfortably in my lovely apartment in the heart of Silicon Valley, Calif., in a complex with “three resort-style pools, unwind[ing] in the fitness center, sauna or one of three spas, or simply stroll[ing] along serene water scapes and lakes.” I like convenience, beauty, and as many comfort creatures as I can afford at any moment in time.

Personally, throughout my time in San Jose, Calif.—the tenth largest city in the nation, I worked side-by-side both community leaders and developers on a number of high profile and controversial projects—projects for which I was helping to make happen and others, well, to derail.

As of late, the development issues making headlines have run the gambit from the appalling and galling to the thank GAWD! One incident in particular is easy to see both the appalling/galling and the thank GAWD sides.

In this incident, “no permits have ever been taken out with the county or city and no site plan review has been approved” wrote the Sun Herald, “unpermitted work that has included digging canals, constructing levees and installing unauthorized water and sewer hookups . . . which apparently includes large parts of nearly 700 acres.” The negative result of this isn’t merely a matter of failing to file the proper paperwork. One man whose “50-acre parcel already is flooding at the slightest rainfall because of the landscape alterations” said "I just broke out in fear when I came back here and saw what they were doing. . . . I'm simply dumbfounded how something like this can happen."

The development is governed by both Hancock County, which has ordered a cease and desist order, and the city of Bay St. Louis, which "voted . . . to have electical power shut off to the Stennis Technology Park office building, and force its tenants to vacate it . . . and has ordered increased patrols in the development area -- and even hired a private detective to monitor the area south of the I-10, Highway 603 interchange, to make sure no unauthorized work continues.

How utterly appalling for the developers to come and act as if that the laws around here do not pertain to them. Callously and cavalierly, the men who own the companies and who are in cahoots in this endeavor have altered the landscape impacting Mother Nature. This environmental change is having a very real, immediately negative, and obviously visible impact on the surrounding neighbors. What gall!

Thank, GAWD, that the county supervisors and city officials are taking sweeping action against them—when they can find the owners who seem to be rather elusive.

On the other hand and on a fundamentally positive note, last week was the one year anniversary for the Silver Slipper casino on the western tip of the Mississippi Gulf Coast. The casino has provided many women and men much-needed employment. Employees have told me that the casino provides good benefits—dental, eye, health,which are often non-existent in jobs today, particularly along the post-Katrina Mississippi Gulf Coast. The Slipper, as we locals call it, earned the tourism business of the year for 2007 from the county chamber of commerce.

They hope to begin building a hotel, a larger casino and "just a lot of wonderful amenities" in March 2008 and to open Dec. 31, 2009.

Plans call for an enlarged parking garage, two new restaurants, an entertainment venue for up to 700 people, meeting and banquet space for 500, a world-class spa and a wedding chapel overlooking the water.

Silver Slipper just opened "the only RV park on the beach anywhere on the Coast," [General Manager John] Ferrucci said, and the current 24 spots will expand to 38 by the end of January.

. . . He said Silver Slipper takes care of its staff so they in turn keep the customers happy. Every employee received a bonus the past three consecutive quarters and because housing continues to be a challenge, "Our company is working on building 50 single-family homes," Ferrucci said, and employees will have the first option to purchase them.
To all of this I say, “Halleluiah!” The Gulf Coast needs the business. We need jobs and revenue streaming into this area. The Slipper has been a very good corporate citizen. We need more good corporate citizens just like this. Being in parade country, if the Slipper can lead the parade, let’s have at it.

We also had another piece of remarkable developer news last week.
The developers called it paradise. Environmentalists called it a nightmare. Now, a state appeals court is calling it over.
Just before Katrina hit, the county supes voted to rezone “about 1,000 acres in beach areas, changing zoning from primarily single-family residential to a new designation called resort commercial.

When I first began to become aware of the issues surrounding this controversial development, what struck me most was the fact that neither an Environmental Impact Report (EIR) nor traffic analysis had been conducted. Huh? Maybe I’m just too big city for my roots, but those were two reports that HAD to be conducted first and foremost in San Jose before major zoning changes could begin to be considered.

In one instance, a group of citizens in South San Jose had been searching for land for the city to convert to soccer fields. Land availability is scarce in the nation’s tenth largest city with its recently attained population of one million. The unsafe traffic pattern and the draining of the water resources eventually helped to kill off that multi-year attack to get soccer fields for what would have essentially become the exclusive use for children of wealthier San Jose families. I gave an “amen and thank GAWD” to that conclusion.

In another instance in a wealthier small San Jose suburb, I worked on behalf of a developer to obtain permission for a mixed use development—residential housing and businesses. With the seal of approval from with city council, the senior citizen agency, and Sierra Club, and plenty of community leaders, the development was ready to go . . . except a group of citizens gathered enough votes to put the issue on the ballot—a favorite California tactic from any side of any political fence. They put it on the ballot, and the measure was defeated. Too bad.

With financial troubles well publicized, Hewlett Packard needed to sell off that large barren prime piece of real estate. Besides, like here, the entire region desperately needs more housing—particularly lower income high-density, condo housing (the price tags of which begin at the high end of Mississippi Gulf Coast homes today). In this instance, unfortunately, the NIMBYs—those who say Not In My Back Yard—won.

Who were these NIMBYs? They were folks who had come to the sleepy little suburb some 20 to 30 years ago, bought a home for the going rate and whose homes now have appreciated in value perhaps by 10 times. To put this into perspective, two-bedroom condos in 7-8 story buildings went for $900,000 in 2006.

These were condos. No yard, just condos.

When I asked one of the ladies who opposed this beautiful development, which I was working toward, what was the reason she opposed it, she confirmed her NIMBY status. She said that she didn’t care that there was a severe housing shortage. She got her home, that was all that mattered, and she wanted her town to quit evolving. A certified NIMBY.

Here in Hancock County, I hope that the board of supervisors can see their way clear to adopting smart growth approaches to development. There are plenty of examples of the variety of ways to implement smart growth. Rubber-stamping either reckless developers or NIMBY’s isn’t the way to grow out of our predicament here in the Katrina-ravaged region.

To those developers that say we ought to be glad simply because you are gracing us with your presence, I say, go talk with General Manager John Ferrucci at the Silver Slipper. His business is thriving, the community is happy the Slipper is here, and the company is smart. This place needs plenty of thriving businesses to employ the people who want to live here. It would have been great to have had the option to stick around in the area after I went off and got a few college degrees and a few years of experience elsewhere.

Instead, the sleepy little beach town region didn’t offer that option, and so many of us left.

To those residents in Hancock County and elsewhere along the Mississippi Gulf Coast who want only for the world to return to pre-Katrina days—period, I say “whatever are you thinking?!” To get it to those pre-Katrina days requires an investment of plenty of money. We’re not getting plenty of insurance money that is rightly due. What industries are even remotely interested in this area? What are you doing to entice developers to build, to invest, to create with us?

So much here is now as expensive as it was for me when I was living in one of the most expensive areas of the country. Goodness gracious! Plus, wages for many workers have hardly kept up with the inflation of the cost of living along the Mississippi Gulf Coast. Even if we ONLY had the ambition of attaining August 2005 living conditions, plenty of financial investment is required.

Where that money comes from will depend on the kind of long range pay off developers will see possible for them. The kind of businesses that come to an area depend on the kind of workforce that can be attracted, which depends on what is offered compared to what is offered elsewhere, and depend on the kind of workforce that is already here. While I love this place, I have no illusion August 2005 is as good as it can get. Paleeze! As a native daughter, I always had far more ambition than to believe that the status quo—where ever it is—would be good enough for all eternity.

I believe in smart growth and have had the privilege of working in San Jose as senior city council staff member as well as assistant policy director with a progressive union think tank to positively impact a planned development called Coyote Valley, which has been years in the making and plenty more to go before businesses and residents actually move there.

Of course, if the area experienced the same devastation we have here, years in the making would not ever be considered a viable option in Silicon Valley . . . and neither is it here. Nimbyism, derelict developers, and smart growth are the paths we can take.

I hope for everyone’s sake that we seize this opportunity to entice great business prospects with appropriate smart growth parameters with an eye on making things significantly better, not merely the same, than pre-Katrina—better from a business AND a quality of life perspective . . . better so that Katrina’s devastation, which remains all around us today, gives way to our dreams of a new, thriving, environmentally sound, AND economically vibrant region of tomorrow and for generations to come. Smart growth is the smart approach for Post-Katrina business and community development. In the meantime, too many families and business owners are hurting. So, let's get to it quickly.


© 2007 Ana Maria Rosato. All rights reserved.
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Saturday, November 10, 2007

Whitewater heads back to Katrina-stricken city

By CARLA MCCANN


WHITEWATER — In Bay St. Louis, Miss., children slowly are healing from the devastating impact of Hurricane Katrina that leveled about 80 percent and damaged the remaining 20 percent of their city two years ago.

At least one pastor, the Rev. Mike Cuevas, attributes part of the children’s recovery to the community of Whitewater, which has provided supplies, donations, work crews and a heartfelt offering of friendship to the people of Bay St. Louis along the Gulf of Mexico.

“You have opened the doors of the world” for the children, Cuevas said in an e-mail letter to Whitewater Police Sgt. Michael Ciardo.

“Almost every service is one of thanksgiving for the help that all of you have given and for God guiding you to our community,” Cuevas wrote.

The children couldn’t have had a better geography lesson than to look at a map of the United States to see where all of the help and love has come from, Cuevas said.

Whitewater adopted Bay St. Louis as a sister city in November 2005 after Ciardo, who also is Whitewater’s emergency management coordinator, was assigned there for a month under the Emergency Management Assistance Compact.

The EMAC is a congressionally ratified organization that provides form and structure to interstate mutual aid.

The southern city was home to historian and author Stephen Ambrose, who grew up in Whitewater. It also was ground zero for hurricane Katrina, Ciardo said.

Whitewater’s commitment to Bay St. Louis has brought in more than $50,000 in donations from business owners and private contributors and more than 2,000 hours of labor to help rebuild, Ciardo said.

“Although work continues in earnest in southern Mississippi, there still remains a need for donated labor and materials,” Ciardo said.

FEMA trailers still dot the landscape, and people have to travel to other cities to buy groceries because Bay St. Louis no longer has a grocery store, Cuevas said.

For Ciardo, being involved in rebuilding the southern city has been one of the most rewarding experiences of his life, he said.

That’s why he is leading another organized mission trip to Bay St. Louis on Jan. 2-9.

Ciardo, however, isn’t the only Whitewater resident whose life was touched by the humanitarian need within the Mississippi city.

Last year, for example, a group of about 30 UW-Whitewater Student Optimists and Whitewater community leaders traveled to Bay St. Louis to work in the schools and help rebuild.

“Two of those college students are returning to Bay St. Louis to spend this Thanksgiving with a family they befriended during their initial humanitarian effort in the city,” Ciardo said.

During the past two years, Whitewater also has hosted one of the southern city’s artists and a family of five, allowing them a short break from the reality of their world, Ciardo said.

The visits also helped tighten Whitewater’s bond to its sister city, he said.

“We want to get people involved in helping others,” Ciardo said. “This (Southern city) is our back door. And these people still are struggling with insurance and political issues while they are continuing to rebuild their lives.”

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TO HELP

For reservations or more information about the upcoming humanitarian mission trip by Whitewater residents to Bay St. Louis, Miss., call Police Sgt. Michael Ciardo at (262) 473-0570 by Tuesday, Nov. 20. Monetary donations can be sent to: “Sister City Project,” City of Whitewater, 312 W. Whitewater St., Whitewater, WI 53190.


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Silver Slipper's golden year

Casino has big plans for guests, workers

By MARY PEREZ
meperez@sunherald.com
November 9, 2007

HANCOCK COUNTY -- The crowd pouring into Silver Slipper Casino on opening day Nov. 9, 2006 was just the start of an amazing first year for General Manager John Ferrucci.

Besides putting 700 people back to work in Hancock County after Hurricane Katrina, a highlight of the first year was "how pleasantly surprised we were by the reaction of our guests," he said, "and the positive comments that continue to this day."

CEO Paul Alanis and the investors took a leap of faith, building Silver Slipper on the Coast after the storm.

"We were the Hancock County tourism business of the year for 2007. Our first year. We were thrilled," Ferrucci said. With that kind of year, "We're just now talking in earnest about our next plans of construction." They hope to begin building a hotel, a larger casino and "just a lot of wonderful amenities" in March 2008 and to open Dec. 31, 2009.


Plans call for an enlarged parking garage, two new restaurants, an entertainment venue for up to 700 people, meeting and banquet space for 500, a world-class spa and a wedding chapel overlooking the water.

Silver Slipper just opened "the only RV park on the beach anywhere on the Coast," Ferrucci said, and the current 24 spots will expand to 38 by the end of January.

"We are the first casino on the Coast since the storm to bring back live keno," he said. The keno parlor will open behind the poker room by Jan. 6, when someone will win the million dollars on display in the Silver Slipper Casino. This isn't just a chance someone could win, he said. "This is absolutely, positively going to happen."

Also around the first of the year, repairing and repaving the roads leading to the casino could begin on both U.S. 90 to the beach and on Beach Boulevard.

Ferrucci said customers keep coming back because they have a good experience, great restaurants and live entertainment at least every weekend. He said Silver Slipper takes care of its staff so they in turn keep the customers happy. Every employee received a bonus the past three consecutive quarters and because housing continues to be a challenge, "Our company is working on building 50 single-family homes," Ferrucci said, and employees will have the first option to purchase them.




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Clermont Harbor rezoning shot down on appeal

By J.R. WELSH
jrwelsh@sunherald.com
November 8, 2007

HANCOCK COUNTY -- The developers called it paradise. Environmentalists called it a nightmare. Now, a state appeals court is calling it over.

The Mississippi Court of Appeals has overturned a county zoning decision that would have allowed towering condominium buildings to be constructed in the Clermont Harbor area. In calling the zoning move "arbitrary and capricious," the court threw a major roadblock in the path of Paradise Properties.

The issue began in May 2005, when the group sought preferential zoning treatment to allow the development. The Hancock County Board of Supervisors agreed, and rezoned about 1,000 acres in beach areas, changing zoning from primarily single-family residential to a new designation called resort commercial.

The new classification allowed condominium developments to be built with no height or density restrictions. There was talk of building thousands of condos, and one developer claimed units were already being pre-sold. Public meetings were also held to promote incorporating the small area into a separate city, to be called Paradise.

The activity made jaws drop throughout the county and threw environmentalists nearly into apoplexy. The issue wound up in circuit court, where the county's zoning decision was upheld.

A small band of county residents then fought the decision in the court of appeals, with support from Coastal Community Watch, a local citizens' group. Several condominium developers rallied around the county in its defense of the new zoning, said Biloxi lawyer Robert Wiygul, who filed the appeal to fight the change.

Wiygul said the higher court decision, made public Tuesday, should prevent multi-storied condomiuniums from crowding the land and skyline in the Clermont Harbor area.

"They are definitely not going to be able to go forward with these things now," he said.

Lori Gordon, one of the appellants, applauded the appeals court decision, saying, "This whole show was run by developers." She added she hoped the decision will prompt county supervisors "to take more care in dealing with the lives and futures of the people of Hancock County."

Under Mississippi law, a zoning change requires convincing evidence it's necessary because of a change in the character of the affected area. The appeals court ruled the county's finding of change in the area was "sparce and conclusory at best, and nonexistent at worst."

"The way to get rebuilding on track in Hancock County is by listensing to the citizens, not pushing mega-development," said Ellis Anderson of Coastal Community Watch. "The court's ruling gives us another chance to do things right."

It was unclear Wednesday what action, if any, county officials might take. However, supervisors recently made an about-face on another condomiunium development proposed along the Jourdan River in Kiln, and turned it down.


© 2007 Sun Herald. All Rights Reserved.


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Bay 'pulls the plug' on Stennis Tech Park bldg.

Nov 7th, 2007

By Mary G. Seiley
Nov 7, 2007, 10:00


Bay St. Louis City council voted Tuesday night to have electical power shut off to the Stennis Technology Park office building, and force its tenants to vacate it -- today.

The action came at the insistence of Council President James C. Thriffiley III, who said the city cannot allow occupancy of a building without proper water and sewer facilities.

He also urged city Attorney Donald J. Rafferty to file city citations against the building's owners. Rafferty said federal Corps of Engineers officials and the Environmental Protection Agency are threatening 'severe sanctions' against the development's owners.

He also said the city has ordered increased patrols in the development area -- and even hired a private detective to monitor the area south of the I-10, Highway 603 interchange, to make sure no unauthorized work continues.

© Copyright 2007 Bay St. Louis Newspapers, Inc.

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County tells developer to stop tearing up wetlands

Oct. 03, 2007
By J.R. WELSH
baybureau@aol.com


HANCOCK COUNTY -- County officials are issuing a cease and desist order against a development project below Interstate 10 where they say wetlands are being torn apart by unpermitted work that has included digging canals, constructing levees and installing unauthorized water and sewer hookups.

Hancock supervisors decided to stop work on part of the Stennis Technology Park, stretching south of I-10 nearly to Bayou LaCroix on the western side of Highway 603. Another part of the project on the eastern side of 603 also will be stopped by Bay St. Louis, city officials said. That land is located in the newly annexed area of the city.

"It's just mass confusion," City Attorney Donald Rafferty said of the work, which apparently includes large parts of nearly 700 acres. The Stennis Technology Park project has been planned for several years, but officials say no permits have ever been taken out with the county or city and no site plan review has been approved.

A project representative was verbally directed to stop the work late Monday afternoon, officials said. Still, bulldozers were roaring and work continued on the property when the Sun Herald visited the site Tuesday morning.

County paperwork on a formal cease and desist order is now in the works, and Rafferty said Bay St. Louis will follow suit.

The developers also own a large parcel to the north of I-10 and west of 603 where an office building already has been built. That work was legally completed with the proper permits, County Supervisor Rocky Pullman said Tuesday.

Supervisors decided Monday to stop the work after Chrissy Schuengel, who lives just south of the project on Bayou LaCroix Road, filed a complaint with the board. County Engineer Geoffrey Clemmons also filed a report recommending a work stoppage.

"It looks like a lot of wetlands - not just wetlands by the textbook definition, but sensitive wetlands," Clemmons said.

Stennis Technology Park Inc. and a sister company, Hancock County Land LLC, are registered in Mississippi as out-of-state companies headquartered in Mobile. In 2006, Hancock County Land was granted variances to change the zoning on the property to planned unit development.

The Mississippi Secretary of State's Office lists Mobile businessman Rodney A. Pilot as president of Stennis Technology Park. He could not be reached for comment Tuesday.

Schuengel's father, Lawrence Lang, who lives on Bayou LaCroix Road adjacent to the project, watched bulldozers working on Stennis Technology Park on Tuesday. He said his 50-acre parcel already is flooding at the slightest rainfall because of the landscape alterations.

"I just broke out in fear when I came back here and saw what they were doing," he said. "I'm simply dumbfounded how something like this can happen."

County officials appeared to be equally surprised. "They've dug canals as big as those in Shoreline Park," said Supervisor Steve Seymour, whose District 2 includes the development.

"We need to stop the whole mess from happening right now," County Attorney Ronnie Artigues said.

Pullman said the county also will ask that the state Department of Environmental Quality and the Army Corps of Engineers investigate the work to determine any damage to the environment. He and others said it is surprising that such extensive, unauthorized work has proceeded just off a main county thoroughfare.

"At the end of the day, somebody's going to come forward," he said. "And when they do, they're caught."


© 2007 Sun Herald. All Rights Reserved.
http://www.sunherald.com

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Friday, November 09, 2007

National Implications: The Color of Mississippi Politics

by Ana Maria

What is it about Mississippi that makes its politics so sadly predictable? Yes, of course, color plays a central role in our political landscape. With the regularity that comes in a campaign like the sun rising every morning and night falling upon the earth in the evening, the Republican party roles out its plays and here in the deepest of the Deep South, no crystal ball is needed to know what those plays are or the final outcome, particularly if the Democratic candidate is African American.

But the color that makes a real difference in an election night outcome isn’t necessarily the color that is found on a candidate’s skin. At some levels, campaigns aren’t all that black and white of an issue. Oh, yes, race and gender and sexual orientation can be factors. They are HUGE factors here in Mississippi while not so in my previous state of residence, California.

However, the color that makes a difference here in Mississippi as well as in any electoral campaign across the nation is the color green—and I’m not talking about whether we’re environmentally sane, the color of well manicured grass, or whether envy has overtaken one’s senses. I am talking about the color of money and what that green affords us.

Take this analysis a step further and we uncover a Democratic challenge when it comes to how we tend to think about money—either personally or as a class of individuals who overall feel the delights and pains of life in ways that we believe our Republican counterparts do not because the main organ in that equation appears to be wholly missing from them—their hearts.

Think about it. If Governor Barbour, the Republican Party, and its partners in the insurance industry all of whom operated within a well-refined political organizational apparatus had competed with an equally well-refined Democratic organizational apparatus with our own industry partners and statewide leaders, the outcome of this and any other electoral contest would routinely be different and certainly much less predictable.

When a Republican campaign breaks out its coded advertisements as often happens here in Mississippi as well as plenty of places throughout the nation, can we imagine the difference if these ads or speeches or other tricks were responded to in the same way that Coca-Cola responds to Pepsi increasing its market share? Can we imagine the difference in election night results if any time the Republican Party rolled out one of its routine operational schemes it were to do so in the context of the Democratic Party already preemptively thwarting the historic effectiveness of those tactics?

Well, if those of us on this side of the political aisle imagine these things THEN we can go in the direction of those dreams to make them reality. I can already here the grumblings from both sides. The Dems will mumble something about not having money to do this. Republicans will talk among themselves about their perception that Dems don’t have the discipline to make up their minds and we have an aversion to money. All the answers, of course, have merit.

We will have money when we put our mind to raising it remaining focused on raising it until it is seared into our brains with new synapses affirming the naturalness with which we automatically bring into our side of the political equation plenty of financial prosperity and abundance to fund the campaigns to win at the ballot box which is the precursor to winning the votes to pass great legislation, confirm stellar judges, and appoint expert managers to head one or another government agency.

The old adage is so accurate: if you think you can or think you can’t, you’re probably right. It’s perfectly fine for my side of the political fence to complain bitterly about Barbour’s money and organization as long as that propels conversation about what Repubs do well that we should also adopt. Let’s go back to the Coke and Pepsi comparison. In the early 70’s, Coca-Cola launched it extremely successful ad campaign with the famous lyrics “I'd like to buy the world a Coke and keep it company.” This proved to be one of the most successful campaign ads the Coca Cola company ever ran.


Some ten years later, Pepsi scored big with signing on the ever-popular Michael Jackson for its commercials. Rather than just being content to launch one very popular commercial, Pepsi signed up as a major sponsor for Jackson’s tours, which proved to be an incredible investment.

And so the competition for market share goes between companies. Politics is an industry. Adopting some baseline business perspectives would do our Democratic Party quite well.

In this regard, the Democratic base would do well to think of our party, itself, as a business. Every business needs to raise capital to buy real estate, construct office space, acquire new businesses, provide good compensation packages through which to hire, train, and retain great personnel, and develop marketing strategies to retain the current customer base while implementing new strategies to capture new customers and turn them into routine customer base. Thriving businesses think like this, act in accordance with their thinking, and their results speak for themselves.

Yes, yes, yes. I can hear my side already. But what about businesses like Halliburton and Black Water? We’re to emulate those?

Oh good grief! Why not think of Ben and Jerry’s?!

Look, whether the business is a thriving local merchant that provides the best donuts around or a major multi-national corporation, basic principles apply. Most basic to them both is the simple fact that capital is the oxygen for their operations be it the most delectable donuts ever placed in our mouths or rotten food served up to our brave soldiers in Iraq.

We HAVE to think of our politics in an organized business-like fashion so that we can compete successfully in electoral campaigns anywhere in the country and come out victoriously with election day outcomes.

We have great values—just like many businesses. We have great products in terms of the public policies we seek to implement.

  • Democrats want public schools that are great places to educate ALL of our children—and not just the elite. We want our public schools to be a wonderful place that teachers want to work.
  • Democrats want a clean environment that sane public policies can create because we want EVERYONE—and not just the elite—to enjoy the beauty of this gorgeous planet and EVERYONE to breathe clean air, drink pure water, and eat healthy food grown from Mother Nature’s belly.
  • Democrats want EVERYONE—and not just the elite—to work inside thriving businesses where workers and owners are excited to be there and take pride in the services and goods offered so that we develop ever-evolving communities where children are raised in safe, loving, vibrant environments, where we grow into young and middle aged adults with a stable and ever-expanding economic opportunities that afford us the financial resources to provide for ourselves and our families, and where we grow old gracefully with plenty of resources to maintain our health and enjoy life to its fullest.
Democrats want these things for EVERYONE, not just the elite. To do so requires that we think of our politics in terms of our values and positions AND in terms of having the organization and infrastructure through which we can more easily and routinely dominate the political market, if you will.

We focus our attention on having a great candidate, and having great candidates is important to us. But it is like a business focusing on its sales people only as if they operate outside of an having an accounting and finance department to bring in the money owed, pay the bills, and project future cash flow with one or another business development model. Or outside of a marketing team to position the company in a way that opens doors easily to the sales people. Businesses have to have the less than glamorous nuts and bolts so that their company can shine above the competition.

The same is true in politics.

Besides, it’s so obvious that lesser candidates get into office. The Mississippi Insurance Commissioner race is a prime example. If Mike Chaney had to campaign inside a party structure on par with the Democratic Party, I don’t think he would have come out ahead.

But Chaney did compete with the backing of a party structure that has invested plenty of money in knowing who will come out to vote and what the party must do to inspire their loyal voters to cast their ballots come election time. And the party did it. Hardly rocket science, but it has eluded too many inside of my own party.

To return to the Coke-Pepsi analogy, Pepsi didn’t just complain that Coke had had a stroke of genius with its "I'd like to buy the world a Coke" campaign. Pepsi took what it could from its competitor then bested Coke in the signing up Michael Jackson whose stardom had reached legendary proportions at that time. Brilliant marketing and business development!

The day that plenty more members of my beloved Democratic Party think strategically about how to position ourselves collectively so that we compete on an equal footing as our political counterparts, the day we start saying to ourselves and each other that we’ll raise the money, that we CAN raise the money, that we have plenty of deep pocketed supporters as well as everyday smaller donors who we can develop into regular investors, and when the Democratic Party commits in heart, mind, and soul to invest in baseline infrastructure rather than ONLY in this, that, or the other candidate--looking for the savior syndrom, THEN we’ll be able to meet the racially-tinged messaging and other dirty political tricks and meet them with our own political machine to produce election day results that can tell a different tale about election day results.

The Republicans have their racial bias that often comes out in their campaigns. We can count on it just as we can count on the sun rising every morning. But infusing meaning into the outcome of those elections as if it were a forgone conclusion forever written in concrete is erroneous until the day that those racially tinged campaigns are met with an equally well-oiled Democratic political machine who institutes tactics and strategies ahead of time so that those tactics begin to lose their potency.

Until then, the Repubs will continue their ways because their success depends on the status quo from my party, a status quo that says defeat is inevitable. Well, triumph will be inevitable when we say it is and act upon what we tell ourselves and each other. We must say things differently to ourselves and each other. Then, we must act differently to bring different results. We have to feel things are possible and see things as possible, then we must go out and be open to the myriad of ways that will make things different. Besides, none of this is rocket science. We just have to do the baseline things so we can begin to see an improvement in the results we are getting.

That is how we give real competition to the racially-tinged and coded campaigns of our competitors and test the true strength of their tactics here in Mississippi and elsewhere throughout the nation.

The question of how to elect a well-educated, articulate, polished, eloquent, and experienced hometown Mississippi African-American Democratic man to a statewide office for which he is the most qualified candidate rests with developing a well-organized, well-funded political apparatus dominated with folks who have not only the desire to win but who have the determination to think like winners do—as if the end result of triumph is our natural destiny.

It begins with changing how we think and how we act based on our thinking. This is a key element, and it is within our grasp. Grab it.

© 2007 Ana Maria Rosato. All rights reserved.
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Juror in Kodrin v. State Farm: 'we all agreed ... that the insurer didn't do right by the insureds and they were treated very poorly'

Originally published here on November 8th.


After the verdict came in late yesterday in the Kodrin v. State Farm case in Louisiana, I was contacted by one of the jurors who told me more about the jury's thinking in finding against State Farm and awarding $100,000 in punitive damages to the Kodrins. Complete surprise to me to be contacted by her, but much appreciated to hear the words of this juror.

Here's what she said (she gave me permission to quote her but asked I leave her name out):

  • "It was upsetting to everyone, especially afterwards to see the uncontrollable tears afterwards by Mr. and Mrs. Kodrin, even when they were leaving and getting into their car, they were still crying. We were told not to award based on sympathy and I truly believe we did follow the judge's instructions. We all agreed at the onset of our deliberations that the insurance company did not 'do right' by the insureds and that they were treated very poorly. We wanted to try to 'make them whole' as we say."

  • "This case was very upsetting to all of us since every person on the 8 member jury has suffered or has a close relative who has suffered due to Katrina. State Farm continued to pursue the 'Flood' claim on the telephone with the Kodrins and the couple did not want to file the flood claim since they felt it was wind damage first (and since obviously there were no witnesses, no one can say which came first, the wind or the water)."

  • "Since we were not allowed to read or listen to news, I was curious what had been reported the last couple of days and when I came upon this blog and this statement: the Kodrins have agreed, by accepting the flood money that at least that amount of damage to the home was due to uncovered flood. This infuriated me since this was exactly why they did not want to file a flood insurance claim (which is paid by the government, not the insurance companies). It proved after the fact that State Farm was trying to get away with not paying on the wind policy that this couple has paid to them religiously since 1993 and it was brought out by the plaintiffs' attorney in the trial that State Farm 'encouraged' their claims reps to write flood claims rather than wind claims in the area of Port Sulphur. We decided that it is very possible and probable that when the water topped the levee, the wind had already damaged their home an hour prior. We decided to give them the maximum allowed on their wind policy and for lost contents, loss of garage, cost of living in another city and having to relocate to another town (from what was Mrs. Kodrin's childhood home and property). Through all of this the past 2 years, Mrs. Kodrin was having serious health problems and although it did not sway our decision, we knew it was exacerbated by this stress. Had State Farm simply honored their agreement with the Kodrins back in 2005, they would have saved a lot of trouble and expense. We awarded as much as we thought we could without being extravagant but some of us would have given them more if we could have. It was not our goal or task to set a precedent for future claims against insurance companies for Katrina or Rita claims." (The underlined material in her quote is a reference to my post of yesterday on the Kodrin case).
  • She said the jury also awarded $50,000 each in punitive damages to Mr. and Mrs. Kodrin. "I feel very good about what we decided as did the other 7 jury members and we all felt that we did what was right and would be able to sleep tonight because of our decision."

Eloquent words, I will let them speak for themselves. As a lawyer, I am grateful for the service of jurors such as the one who contacted me and the others in the Kodrin case, and all people who serve and make our justice system work. I am also grateful for the chance to hear this valuable perspective and to tell this story. By the way, here's another link to the AP story on the verdict.


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Thursday, November 08, 2007

House Approves Homeowner's Protection Bill

Press Release from Democratic Majority Whip James Clyburn
November 8, 2007

WASHINGTON, DC—House Majority Whip James E. Clyburn today released the following statement regarding House passage of H.R. 3355, the Homeowners’ Defense Act of 2007.

“Today, the New Direction Congress passed legislation that will help homeowners better recoup property damages suffered from catastrophic natural disasters such as the recent California wildfires.

“This legislation authorizes the Secretary of Treasury to implement a national homeowners' insurance stabilization program that grants liquidity loans to state and regional reinsurance programs for the purpose of making home insurance more affordable. These loans will also help to make homeowners’ insurance more available and solvent.

“Owning a home is part of the American Dream and no homeowner should have to be burdened with undue delays in restoring property that has been decimated by a hurricane, tornado, or wildfire.”



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Senate overrides Bush's water bill veto








Story Highlights

  • Senate negates veto of bill that helps Gulf Coast, Everglades, Great Lakes
  • White House says "no one is surprised that this veto was overridden"
  • Bill funds projects including the reconstruction of levees around New Orleans
  • President Bush has called the measure too costly
WASHINGTON (CNN) -- The Senate on Thursday handed President Bush his first veto override -- authorizing $23 billion in new water projects.

The vote was 79-14. Approval by two-thirds of the Senate, 67 members, was required for passage.

Bush spiked the measure Friday despite its overwhelming bipartisan support, calling it too costly and complaining that the 900 projects it authorized would overtax the Army Corps of Engineers.

But the House of Representatives passed it again Tuesday on a 361-54 vote -- well beyond the two-thirds margin needed for an override -- and the White House said it was resigned to seeing the bill become law.

Supporters said the projects authorized under the Water Resources Development Act are necessary to rebuild the Gulf Coast after the devastation of Hurricane Katrina, restore the Everglades and Great Lakes fisheries and build flood-control projects nationwide.

They said it has been more than seven years since Congress passed a major water resources bill.

Sen. Barbara Boxer, a Democrat from California who was responsible for shepherding the bill through the Senate, said the Senate was sending the president a message.


"You should respect the Senate, the House, the Congress and American people because we are elected, too," Boxer said. "We are close to the people. We know what their needs are."

Florida Sens. Bill Nelson, a Democrat, and Mel Martinez, a Republican, said they also decided to vote to override the veto, noting that the bill authorizes nearly $2 billion for Florida projects, most of it related to the Everglades.

"It's time for us to save one of the great natural wonders of the world," Nelson said at a news conference.

Before Thursday's vote, two senators from states hard-hit by Hurricane Katrina -- a Republican and a Democrat -- urged their peers to override the veto.

"This is about flood protection, this is about water and sewer projects, it is about doing something about water and the proper salinity in the Gulf of Mexico.

"These are good, deserved, justified projects that should go forward," said Sen. Trent Lott, R-Mississippi, whose home in Pascagoula was wiped out by the storm.

"A quarter of the state probably wouldn't even exist if we didn't have flood control projects," Lott said. Nearly every president has had trouble with water resource programs, and Bush was "just trying to hold the line on spending."

Sen. Mary Landrieu, D-Louisiana, said the bill has overwhelming support from both sides.

Landrieu said the bill will lay a foundation for reconstruction after the storm, which killed more than 1,800 people in Louisiana and Mississippi.

The measure will fund projects including the reconstruction of levees around New Orleans, Louisiana, and closing off the Mississippi River-Gulf Outlet -- a manmade channel blamed for funneling Katrina's storm surge into the city's Lower 9th Ward and neighboring St. Bernard Parish.

In his veto message, Bush complained that Congress added about $8 billion in projects to the bill in committee after each house had passed its own version. "American taxpayers should not be asked to support a pork-barrel system of federal authorization and funding where a project's merit is an afterthought," he said.

In a statement issued after Thursday's vote, the White House said,"No one is surprised that this veto was overridden."

But, White House spokeswoman Emily Lawrimore said in the statement, "It's obvious that the bill doesn't make difficult choices and doesn't set spending priorities. We don't believe it's a responsible way to budget."

Bush's veto of the water projects bill was the fifth veto of his presidency. All of those came in his second term, according to Senate data.

Bush has vetoed fewer bills than any president since James A. Garfield, who issued no vetoes during his seven months in office in 1881.

Congress unsuccessfully attempted to override three of the president's previous four vetoes.

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