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Wednesday, February 26, 2014

County rejects FEMA flood maps


by Matt Hughes
J-E News Editor
On Monday the Webster County Fiscal Court found themselves at a point where they had to make a decision about the highly debated FEMA flood maps. It was not a decision that the court took lightly, nor one that they had reached easily.
For the last month magistrates and Judge Executive Jim Townsend have been examining the maps and speaking with various representatives of local, state and federal government, including Congressman Ed Whitfield and Lyon County Judge Executive Wade White.
“Lyon county is the one county in the state that has told FEMA absolutely no,” Judge Townsend told the magistrates. “I’m not sure that we don’t need to be the second. There is a lot to weigh.”
Townsend told the court that he had spent some time speaking with White during a recent legislative session in Frankfort, and Magistrate Chad Townsend presented the court with an email that White had recently sent to The Journal-Enterprise.
“I am not willing to be party to a government agency that is knowingly hurting our people and their home values if I have a choice, despite their threats,” wrote White. “By staying a part of the program we felt we were legitimizing the maps.  By coming out, we did get FEMA’s attention.  I haven’t found another county that has done that.”
Since Lyon County voted to reject the maps, White said, FEMA has agreed to revisit his county’s maps.
The biggest reason the Fiscal Court has seriously considered voting to accept the maps, despite what everyone sees as errors, is the threat of losing FEMA funding that becomes available in the event of a flood. But according to White, that is a somewhat empty threat.
“If you read it closely, the FEMA funding rejection is only for areas where the flood zone touches, not the whole county,” said White. He added that during the 2011 flood, Lyon County did not qualify for individual assistance (IA).
“We did not have enough flood damage to homes. IA requires several homes in a long stretch to be wiped out and even if you qualify, its only around $30,000 per home.  Its very difficult to get individual assistance.  In areas where we actually have a true flood zone - if we lose every house in that flood zone - I don’t believe we would qualify for IA anyway.  So the threat is worthless to us.”
Lyon County did qualify for public assistance, which is for publicly owned property such as a county road or city street.
“None of that money we got was actually in a flood zone,” he wrote. “Most was out in the county where roads were damaged by heavy rains and washouts. FEMA will only deny you money if you are requesting money in those flood zones.  If we have a tornado or anything outside those small flood zone areas we still qualify.  They don’t cut off the whole county, only the specific area zoned to be in flood zone.”
With White’s words weighing heavily on the court’s decision, magistrates also heard from Water Conservation District Agent Mike Andrews, who is well aware of the reality of flooding in Webster County.
He said that the actual flood zone in Sebree is at 386 feet, the elevation used by FEMA on the map. In the Blackford area the flood zone begins at 363.5.
Rumors have circulated that FEMA used the Sebree measurement to establish the flood zones county wide, but Andrews said that he had his doubts about that. 
“The real issue in that area is the city of Blackford itself,” he told the court. “When they did the map, I think they just covered the whole town with the flood zone. There are a lot of structures in Blackford that are above the 363.5 foot benchmark.”
Andrews added that he didn’t think there was any way to change FEMA’s decision except for each land owner to go through the process of having their property surveyed.
Until FEMA presented the county with the new flood maps, Webster County was one of the only counties in the Commonwealth without FEMA flood maps. Instead, residents generally referred to the 1937 flood as a benchmark for flooding.
“The ‘37 flood is what is considered a 500-year-flood,” said Andrews. “It’s about a foot or so more than the 100-year-flood.”
The designation on the new FEMA maps is for the 100-year-flood level. Much of the debate around the maps in Sebree has centered on the fact that much of the new flood zone did not flood in the 1937 flood.
“Elevations don’t change,” Andrews said.
Judge Townsend told the magistrates that he felt like they were being “ram-rodded” by FEMA, and recommended that they not accept the maps at this time.
The ordinance to accept the maps was defeated with a unanimous vote.
In other business, Judge Townsend read a proclamation declaring March as Sever Storm Month in Webster County to help the Webster County EMA raise awareness of tornado and severe thunderstorm safety.

Two graduate from Drug Court


by Matt Hughes
J-E News Editor
The mention of Drug Court automatically makes some people think that the justice system is taking it easy on criminals, but those few offenders who manage to make it through the program will tell you different.
“I never thought in a million years that I’d be sober,” said Justin Baker, a Crittenden County resident who was the 54th person to graduate from Drug Court in the Crittenden, Webster and Union County area. “I never thought I’d be able to get back into the mining industry again.”
Baker has done just that, after completing one year and three months in the program. During that time he attended 367 meetings and 147 drug screens. He has been clean for 470 days.
“Some people think that this is just a slap on the wrist,” said Circuit Court Judge Rene Williams. “Or that we are being easy on crime.”
To Williams and the drug court staff, it is a way to truly help people.
“Drug Court graduates have a 75 percent success rate of not re-offending,” said Williams. “That is much higher than someone who gets out of prison on parole.”
Drug Court is a post conviction court, meaning that to even apply for enrollment, you must already have plead guilty to a misdemeanor or felony related drug charge.
Williams said that most drug courts do not accept misdemeanor offenders, but that the local team feels that if they can catch someone early, they can keep them from progressing to worse crimes.
“Drug court is a privilege, not a right,” Williams said. “We do not force anyone into this program, although some people might feel they are forced if their option is prison or drug court.
To enroll in the program, offenders who have already plead guilty must apply. Those applicants are then considered by the Drug Court team, who decides which offenders they believe they can help.
Once enrolled, the participants must follow the strict requirements set up by the court. Those can include who the participant can see; where they can work; unannounced home visits; random drug screens; nightly call-ins; curfews; and even a ban on smoke shops.
“It hasn’t always been fun,” Baker said of his time in the program. “I was very hard headed the first month or so, but I’ve been very, very blessed.”
On Wednesday, February 19, 2014 Justin Baker was joined by Providence native Elizabeth Gray who became the 55th person to graduate the program.
“She was a little resistant and didn’t like us telling her who she could see,” said Judge Williams. “We even had to tell her not to see some of her family members.”
Williams pointed out that in some situations, family members can be the worst influences on people trying to turn their lives around.
“She has become a self sufficient person who is giving back to society,” Williams continued, adding she hoped one day that Gray could come work for the Drug Court program.
“No one who comes into this program is the same,” Williams said. “Everyone is here for a different reason, so their needs are different. We do what we think is best for each participant.”
Drug Court started in 2005.