After nearly two hours of argument Tuesday night between an engineer from the St. Francis Levee District and the state flood plain manager, members of the Mississippi County Quorum Court turned down a flood management ordinance for the county.
Only two justices present, Joe Lewis and Bill Nelson, voted in favor of the ordinance. Justices Barry Ball, Tommy Dildine, Fred Fleeman, Emmanuel Lofton, Michael Gammill, Sylvester Belcher, Michael White and Donnie McDaniel voted against the measure. Justice Jonathan Abbott abstained from the vote and Justices John Alan Nelson and Ken Kennemore were not present for the vote.
The Court began discussion of the issue last week during its regular meeting, and agreed to table the matter.
The meeting Tuesday was a special one to hear from Rob Rash, CEO and chief engineer of the St. Francis Levee District.
Rash told the court that he was in Washington, D.C., last week to discuss the flood management ordinance with Congressman Marion Berry and officials from the Federal Emergency Management Agency.
Rash told the court that FEMA is "using this ordinance to force people to take out flood insurance," adding that the ordinance "would not benefit anyone in northeast Arkansas."
Rash maintained that the change in the flood plain map being proposed by FEMA was made in an effort to help the federal agency recoup money lost during cleanup after Hurricane Katrina.
"They need $20 billion and that's the only way they're going to get it," he said.
He said the ordinance would place tighter restrictions on builders and contractors, as well as on farmers and land developers.
Rash admitted that the court's failure to pass the measure could affect some county residents. Without the ordinance, persons in the county cannot purchase flood insurance to cover losses in the event of a flooding incident.
Michael Borengasser, the state flood plain manager, told justices that the ordinance is required for residents of the county to participate in the National Flood Insurance Program. Without the ordinance, anyone now residing within the specified flood-prone areas will not be allowed to obtain flood insurance, a requirement of most federally-backed home loan programs.
Since the court did not approve the ordinance, lenders in the county with loans on property within the flood plain will be notified that the county does not participate in the NFIP and loans could be recalled, Borengasser said.
Failure to pass the ordinance also affects the future issuance of loans in the affected areas, he said.
Rash emphasized to the court that support of the ordinance meant the county did not want the levees maintained as well.
"If you do adopt (the ordinance), you are saying you want to minimize funds used to maintain the levees," he said.
Without a flood plain ordinance, the county will not be eligible for any disaster assistance in a flood plain, Borengasser explained.
Rash countered that the court is being blackmailed by FEMA into passing the ordinance.
"They're being held for ransom if they don't adopt this," he said.
Borengasser said that there are currently 117 residences in the unincorporated area of the county that have flood insurance. Those persons will no longer be able to purchase flood insurance, he said.
The failure of the ordinance also prevents homeowners in a flood-prone area from taking out home-equity loans because those loans are usually federally backed.
After all his arguments, Rash even told justices to approve the ordinance.
"My advice to you is to pass it because you have to," he said. "But I would add a clause that said it was passed under duress."
Several cities in the county have already approved the ordinance. County attorney Dan Ritchey told justices that persons residing within these cities' municipal city limits would be covered by those ordinances.
dhilton@blythevillecourier.com