May 8, 2016 - A representative of the Federal Emergency Management Agency (FEMA) addressed the Shelby County Commissioners on Monday, April 25, 2016 about the National Flood Insurance Program (NFIP) and what the county would have to do for its residents to be able to participate in the program.
Shelby County is currently a non-participant in the NFIP and Jerry Frye, FEMA NFIP Specialist, outlined many reasons why it would be beneficial to participate in the program. As a result of Shelby County not being a participant, Frye explained there are currently 33 county residents who are ineligible for assistance, because of non-participation by the county.
Frye explained if the residents were to receive the grant funding at its maximum, they could be eligible for up to $33,000 each. According to Frye, the average grant funds received is $4,000. This means the total funds available to those 33 residents if the county was to participate is $120,000 to over $1 million.
"A couple of other things that Shelby County would be missing out on, the debris emergency program, emergency protective services, anything that has to do with FEMA related grants," said Frye. "I know that after doing some PA work up in Missouri prior to coming here, PA is Public Assistance, a lot were roads and I've seen a lot of those in the counties that I've been working in, some of that stuff is not eligible and it falls back on the county to pay those bills."
Frye explained the debris project for Newton County is projected to be close to $1 million and if they were not a participating community the Newton County Budget would have to include the funds needed for that project.
"Most counties, and most areas that I've been in do not have that capability," said Frye.
Frye explained what the emergency program provides to those eligible for disaster assistance. He stated the last day to register for disaster assistance is May 18.
"If you do something within six months of joining the emergency program, those people are still eligible for that disaster assistance. Even though they may not get it today, they can get it at a later date," said Frye.
The eligible individuals will also be capable of getting SBA (Small Business Administration) loans which Frye said are currently at 1.8%. Frye said a single family structure would be eligible under the emergency plan for $30,000 worth of coverage, "as the emergency program progresses to the regular program, then they could get up to $250,000 worth of flood protection on their structure itself."
According to Frye, for those residents that do not have flood insurance and they get disaster assistance, typically what happens is there's a group program that guarantees, or says to those who are disaster relief recipients they are required to carry flood insurance on that property from that time forward.
"Joining the emergency program is going to benefit the 33 people that have applied," said Frye.
The process for joining the program is the county has to file an application form with the state, which is then passed on to FEMA in Denton, Texas and then the county is to adopt an ordinance enforcing flood plain management guidelines.
There were concerns among the commissioners if being a part of the NFIP would add increased liability to he county. Frye stated he didn't want concern over liability to prevent the county from participating.
"By making people do the right thing, essentially what you're trying to do is you're trying to take their property and their life out of harms way, and rescuers out of harms way, because if you had to do deep water rescue or swift water rescues, or whatever, then you're putting more people in danger that don't need to be," said Frye. "The one thing as far as liability is concerned, right now there is no liability, because you have no responsibility and only going forward will you have a responsibility. Proper flood plain management from the word go basically will ensure that you're doing it the right way so the 'L' word doesn't even come into play, and that's the most important thing."
It will be necessary for the county to appoint a flood plain administrator. Frye says he has seen people upset and even hostile over being told they have to elevate their structure, and he has also seen them thankful for the efforts of the flood plain administrator.
"Are we putting additional rules and regulations on people? Well sure, but in the same token, we've got folks out here right now that want disaster assistance that aren't eligible for it simply because it's a non participating community," said Frye.
Roscoe McSwain, Commissioner Precinct 1, inquired about structures that are already standing previous to the county adopting an ordinance. Frye stated these structures would be grandfathered in and would not be ruled by the ordinance unless they become substantially damaged, which would make it necessary for the owner to make improvements. If the owner of grandfathered in property, which is below base flood elevation, seeks to get insurance they are likely to pay a very high rate.
At the time of the meeting, Frye stated there were seven non participating counties in the state of Texas of which Shelby County was a part. Judge Allison Harbison stated all of the cities in the county are participating including Huxley, Center, Joaquin, Timpson and Tenaha.
Luke Motley, representing Farmers State Bank, addressed the court in favor of participating in the NFIP, "Being a non participating county, it's almost impossible for us to finance development along the river and we encourage you to seriously consider being a participating county. Also, if we become a participating county we may can get an updated floodplain map."
Bill Baker, Joaquin Mayor, addressed the court. He stated Joaquin just recently received their FEMA check from last year and he asked the commissioners if they have received their FEMA funding from last year as well. To which Judge Harbison confirmed some had been received.
Baker asked, "As a city, precinct, we qualify for this funding. How can you not fund your residents?"
"It's got nothing to do with not wanting to help the people be available to them. The only thing that concerns me is all the BS and red tape that comes afterwards, because there's always a line of it that you don't get told up front and you don't see," said McSwain.
Baker stated that he knew that and the city of Joaquin fought through it and are receiving $60,000 to help with their roads. McSwain reiterated he just wanted to be clear what the commissioners will be voting on before moving forward. Baker said he has worked with FEMA in other areas such as in Mississippi and the only difference he saw was raising the elevation of a house, which he didn't feel would be that difficult of a situation. Once that would be set, then the county residents would be eligible for the funding.
Frye assured McSwain that if he reviewed ordinances of other areas that have followed the FEMA guidelines, and if he would review the FEMA guidelines themselves, he would see that is what they would be adopting. He stated the FEMA guidelines are the minimum requirements and most areas have adopted more than that.
Tammy Steptoe who has been selling property for over 25 years in Shelby County as a realtor addressed the court in favor of participating in the NFIP.
"We and the banks understand how this works, I mean as far as if they can't get flood insurance it's in the flood zone, then we can't sell it, or like you said the premium is too high to get from Lloyds of London or whoever and there's a certain amount of money that people have to spend and that raises that amount up and we're shot down, they're shot down they can't buy what they want to buy. Banks can't loan it, we can't sell it. But on a standpoint of being, I'm not an owner, I don't have anything on the river, or on the lake but to me if these folks, if this was in place and these folks get ready to sell these places they have done their due diligence, we can bring something to a buyer and say, 'hey, you know this has been a problem in the past, but this has been taken care of.' It would be a lot easier when you've got the documentation in front of you to say, 'okay, it's flooded before.' Whose to say it's an act of God but you have help this time. You didn't have help in the past."
A motion was carried to table the decision on participating in the program pending further investigation.
The meeting was adjourned at 11:15am.
The commissioners' court agenda for Monday, May 9 includes the NFIP program for consideration.
Items approved during the meeting 1. Approve sealed bid for .50 acre out of the J. Smith Survey and held in trust by Tenaha School District, Trustee. Tabled items 1. Becoming a member of the National Flood Insurance Program. 2. Resolution to become a member of the National Flood Insurance Program.
