The Garden City Telegram
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City, West go around again
Published 8/5/2009 in Local News
By STEPHANIE FARLEY
Garden City resident and Knock Out Committee Chairman Duane West is questioning whether more than 2,400 petition signatures in support of the city and county opting not to adopt the Federal Emergency Management Agency's proposed flood plain changes made any impact at all on the Garden City Commission.
West attended Tuesday's City Commission meeting and also questioned city staff about the city's legal plans if FEMA doesn't respond by Aug. 21 to the requests the city, county and Kansas Department of Agriculture have made asking for, among other things, a delay of the Sept. 25 deadline for new flood plain maps to take effect.
The proposed flood insurance rate maps include two drainage ditches in the city and county that add more than 1,800 properties to the flood plain. West and members of the Knock Out Committee would like for the city to not adopt the revised maps. If the city chooses not to adopt the maps, the city opts out of the National Flood Insurance Program.
City Manager Matt Allen has stated if FEMA continues to be unresponsive, the Aug. 21 date gives the city and county enough time to take action in court to seek a solution or injunctive relief to the revised maps.
City Counselor Randy Grisell told West Tuesday he'll know more of the city's legal plans if and when the city takes action toward seeking a solution in court. Grisell said the city's responsible to act in the best interest of the community and as counselor, he doesn't feel the city has a legal or ethical responsibility, at this point, to disclose its legal plans until action is taken.
To disclose the legal plans or strategy, Grisell said, could possibly prejudice the city's legal position.
West contends the maps won't take effect if the entities don't adopt them. He believes the maps would stay as they are and only include the Arkansas River in the flood plain. FEMA representatives said the maps will take effect Sept. 25 regardless of what the city or county decides.
West has threatened the city with some type of legal action if the city adopts the maps and isn't able to fix the situation. No one wants to file a lawsuit, he said, but he feels the city has an obligation to disclose its legal plans to the public, especially those property owners, including West, set to be in the new flood plain.
Allen said it seems backwards for the city to give its legal plans to someone who possibly plans to sue the city.
West also told Allen and the commission he feels the city has done nothing with the petition signatures he and the committee handed over to the city in July.
After Tuesday's meeting, West said he wanted the city, after receiving the petition signatures, to state it won't proceed with adopting the new maps.
The statement by West that the city's done nothing with the signatures elicited smiling and soft laughter from Allen.
"I really don't appreciate it at all," West said, explaining he could see Allen's reaction to his statements.
Allen said his laughter was out of "amazement" at West's statements.
West told commissioners and city staff they couldn't understand the mental stress and hardship being included in the flood plain is having on property owners. He said the city should be more open with the "people who've been working their tail off to get a solution."
None of the five commissioners -- David Crase, John Doll, J.R. Behan, Reynaldo Mesa and Nancy Harness -- live in the proposed flood plain.
Allen and Behan disagreed with West, estimating the city has spent more than 40 hours working with the petition signatures.
According to Planning and Community Development Director Kaleb Kentner, city staff is in the process of transcribing and correlating the names and address information from the signatures into GIS mapping software. Kentner said the mapped information will show how many citizens will be impacted by the new maps. The city plans to send the petition and maps to the Congressional delegation, Kentner said.
As the Sept. 25 deadline approaches, Allen said, the city is reaching the point where it only has time to focus on making sure property owners know they're in the flood plain and what to do to help themselves.
"We've ran out of time to waste on distractions" that don't get the city to that point, he said.
Mesa said he feels it's unfortunate West seems to be conveying the city is doing nothing to try to help the flood plain situation.
"We're not hiding anything from Mr. West," Mesa said, adding he respects West. "But he's not always right, and he's wrong on this issue."
West said he still believes the new maps won't take effect if the city doesn't adopt them. He said he's not spreading misinformation.
"I'm not doing that to my community," he said. "I'm trying to help the situation."
West cites a July 17 letter the city and county sent to FEMA requesting the extension. An argument the city and county make is that "FEMA has failed to follow statutory and regulatory requirements that allow for appeals by landowners and the communities. This failure renders the final flood hazard determination invalid."
West contends that because FEMA didn't follow due process, the maps and effective date are null and void. He says he believes FEMA added to the maps in an arbitrary and capricious manner.
"They can say that it's going to go into effect, but I don't believe it," West said, adding just because FEMA states the maps will take effect, doesn't make it true.
On the Web:
Download a copy of Tuesday's meeting materials.
Read a transcript of an archived chat on the flood plain between residents and city officials atSWKTalk.com/livechat.
Download a copy of the city of Garden City's July 17 letter to FEMA that outlines concerns with FEMA's process for updating flood plain maps and requests an extension in the Sept. 25 deadline for map adoption. Or see a copy of the Kansas Department of Agriculture's July 17 letter requesting an extension to the deadline.
Download a copy of the preliminary flood plain study or the city's letter to Kansas Department of Agriculture Secretary Adrian Polansky.
Download a copy of FEMA's proposed revisions to the flood plain maps for Garden CityHolcomb. and
For more flood plain resources, see the city of Garden City's Web site at www.garden-city.org.
What do you think should be the city and county's next course of action? Talk about it at SWKTalk.com.
Found 1 comment(s)!
proposed flood plain
It amazes me how our city leaders have reversed their standing on this issue. When FEMA first came to town, our leaders acted like 5yr olds after their first spanking. They told us we had to accept FEMA'S stand because there was nothing we could do. Now that many citizens are up-in-arms over this issue, they claim to be fighting for us. I think that every City & County commisioner, along with any City employee, that was involved in this should resign. They did an extremely poor job of informing the community about this issue. I know that these same leaders make major decisions for us all the time, but THEY DROPPED THE BALL BIG-TIME ON THIS ONE!
Posted by: kenneth morgan on 8/5/2009
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