On August 29, 2005 the little towns of Bay St. Louis and Waveland were virtually wiped off the map by Hurricane Katrina.  Schools were not spared by the storm and almost all school buildings in the area sustained at least modest damage, with several being completely destroyed.  Likewise, almost all of the homes of area school children sustained damage or were destroyed.  There were few, if any, public buildings remaining from which the everyday business of government and commerce could be transacted.  This scenario was repeated across the Mississippi Gulf Coast in all 11 municipalities and all three counties.  In short, life as we knew it ended.

Shortly after the winds of Hurricane Katrina died down, Governor Barbour made his famous remarks about Mississippians pulling themselves up by the bootstraps.  In Hancock County and across the Mississippi Coast we took the governor seriously.  Not only did we pull ourselves up by the bootstraps, but we rolled up our sleeves (and our pants legs) and cleaned up our communities.  Then, we strapped on our tool belts to begin the task of rebuilding a decimated region. 

Before we could really get started in earnest, there was a new language Coastians had to learn.  Regular civilians quickly became familiar with the type of acronyms not normally used or heard outside of military parlance:  ACE, FEMA, MEMA, SBA, HUD, EGG, CDBG, MDA, HAP, SRAP, DFIRM, BFE, V-ZONE and ACC.  Today, you can hear these terms used liberally in public conversation as we discuss the entities and programs they represent.  We have used these entities and programs practically as we rebuild property and lives.  Some have proved helpful while others are considered roadblocks to recovery. 

The insidious anti-concurrent causation (“ACC”) clause was used by insurance companies to deny insurance claims where there was a question of wind v. water damage.  The denial of a homeowner’s claim meant that the federal government would pick up the tab for a family to live for a time in a FEMA trailer.  Many families lived far too long in these tin boxes and suffer the consequences of their confinement in them and the emergency group (“EGG”) sites where thousands were placed.  Insurance claim denials also meant no rebuilding in many cases.  Insurance company withdrawals from coast markets coupled with skyrocketing premiums has further stymied the recovery of the Mississippi Gulf Coast.  Only a regular infusion of money from the Mississippi Legislature has kept premiums relatively stable in the Mississippi wind pool.  However, Governor Barbour has vetoed this funding for 2011.

Despite ongoing problems with recovery, 2010 was to be the year that we put Katrina in the rearview mirror.  Many “bricks and mortar” projects were becoming visible and the mood had lightened substantially.  However, “the best laid plans . . .” as they say.  On April 20, 2010 the Deepwater Horizon exploded killing 11 people.  As we are all now acutely aware, oil gushed into the Gulf for over 100 days.  Tourism was ruined for the year, as were charter and recreational fishing, and commercial fishing, shrimping and crabbing.  Residents of the Mississippi Coast now worry that these markets will not return anytime soon and that sea life will suffer long-term effects resulting from the vast quantities of oil.

One would think that given all that we have endured there would a pervasive group funk on the coast. A person unfamiliar with the people who populate this area may wonder why we don’t just leave for greener pastures. Yet, the individuals who live and work on the Mississippi Gulf Coast are the most resilient and determined group of people I have ever known. 

After Katrina we returned to our towns to find them unrecognizable.  We lost everything but the clothes on our backs--including grandmothers' silver, photos of our families from a hundred years ago, photos of our childrens' first steps, fathers' letter jackets, furniture that belonged to our great grandparents.

And no, we did not see it coming. We lived in houses that were up to thirty feet above sea level, that were not in flood zones--because there had never been water anywhere near these structures in the history of our civilization. We lived down the street from places like the Spanish Customs House in Bay St. Louis that had stood and withstood on that same piece of ground on the beach since the late 1700’s.

Despite the loss, despite knowing what we now know a storm like Katrina can do, we resolved to stay. We stayed because we knew that this was our home. We knew that our parents and grandparents had walked these streets and fished these waters. We knew that these are the communities we want to live in; where, on a daily basis, not just in crisis, doctors mix with fishermen and welders and lawyers and teachers--in our churches, in our schools, in restaurants, at parties and in each other's homes; where there is a cohesive and caring community the priorities of which are about one another, not keeping up with someone else. We stayed because we cannot find what we have here somewhere else.

We stayed despite the obvious fact that things were going to have to change about how we inhabit this land and how we relate to the water and elevation with respect to our homes and businesses; despite the fact that we knew we would have to rebuild differently, perhaps live differently to some extent. We stayed despite the fact that we knew that, for many of us, it would be easier to move somewhere else and start over in a place that was in tact; that had a nice grocery store. We stayed knowing we would have to do the overwhelming work of rebuilding a community whose infrastructure from the water pipes under the roads to the police stations above them had been wiped out.

Some may think us foolish to stay on the coast when we know that hurricanes will always pose a threat. Perhaps we, as humans, are foolish to live in areas prone to any kind of disaster. But, where do we go to escape those? My brother-in-law lived three blocks north of the twin towers. So, New York is out. North Mississippi? Can’t live there-- New Madrid fault. Nashville, flooding. Maybe the great plains? Nope, tornados. California...too many to mention.

The fact of the matter is, we all live in places where a disaster may strike. Perhaps some are more prone than others. Here on the coast, we absolutely understand our obligation to mitigate our susceptibility to these disasters. We realize the need to build at appropriate elevation, hurricane harden our structures and evacuate when instructed to do so. We also need to avail ourselves of reasonable insurance and pay our premiums to insure our homes, belongings and businesses.

It is true that we have needed help in recovering. We appreciate all that has been done by our fellow Mississippians and the federal government, as well as countless throngs of volunteers, to help with our recovery. Likewise, as we should, we stand ready to help others in their time of need. We are not takers by nature, we are givers.

Finally, one truth that cannot go without mention in considering the reasons that we stay is the important role that we play in our state and regional economy. Prior to Katrina Mississippi’s economic engine was the gulf coast region, providing about 35% of the total tax revenues for the state.  We can regain that productivity and 5 years after Katrina we are steadily putting the pieces necessary for top performance back together again.  Thanks to the determination of those who decided to stay, and all of you who have helped, we will be back—better than before.

BP fund administrator Ken Feinberg made a stop in Bay St. Louis yesterday morning to discuss the $20 billion Oil Spill Compensation Fund.  If there was one particular that Feinberg emphasized it was that a new claim form must be filed with him to be considered for additional benefits.  Feinberg explained that his outfit has been provided with all materials submitted in support of claims previously made through BP, but the process will begin anew. 

 

Feinberg, the former administrator of the 9-11 Victims Compensation Fund, explained that the claims process will be divided into emergency claims and final claims.  A claimant may receive up to 6 months of income replacement under the purview of an emergency claim and will remain eligible for a final claim payment.  Emergency claims must be submitted to Feinberg by November 23, 2010.  Final claim payments will be determined over the next three years.  Therefore, if you are a shrimper, oysterman, crabber or charter fisherman, it may be prudent to wait for a while to see how the oil spill affects the marine ecosystem and the gulf seafood market before you reach a final settlement of your claim.

 

Despite the existence of claim fund process, any person or business having a claim resulting from the BP oil spill can still choose to pursue a claim in court.  However, you cannot do both. 

 

In other news Governor Barbour has called the legislature back to Jackson for a special session beginning Friday, August 27, 2010.  The apparent need for the special session is an economic development project requiring legislation.  The governor has not shared any details of the project with the legislature as of today.  However, I have heard that the project is a plant that will convert biomass such as wood waste into fuel.  I will look forward to learning more about the project in the coming days.

 

Finally, the Second Annual David Baria Golf Classic will be held at the Bridges Golf Club in Bay St. Louis on September 23, 2010.  A tournament brochure can be found on the home page of my website at www.davidbaria.com and a registration form is included.

 

I continue to be proud to serve as your State Senator.  If I can ever assist you or if you have questions, feel free to call me at 228.270.0001 or email me at dbaria@senate.ms.gov.

 

What follows is a letter that I forwarded today to Mississippi's state and federal leadership:


May 13, 2010


Governor Haley Barbour
Lt. Governor Phil Bryant
Senator Thad Cochran
Senator Roger Wicker
Congressman Gene Taylor

    Re:    BP Oil Spill

Dear Sirs:

    I represent District 46 in the Mississippi Senate.  My district includes all of Hancock County and a portion of Harrison County.  District 46 contains some of the most environmentally sensitive marsh and beach areas in the State of Mississippi.  District 46 is also home to many shrimpers, oystermen, charter fishermen and recreational fishermen, as well as many who simply enjoy the amenities that the Gulf Coast has to offer.  On the Gulf Coast, we are very concerned about the impact that the continuing flow of oil is having on the Gulf of Mexico and the impact that it may have on the Mississippi Sound and adjoining waters. 

    I understand the need to allay the fears and concerns of Mississippians and those who may be traveling to Mississippi as tourists, and I agree that it is important that our leaders tamp-down any disproportionate anxieties.  I understand also that the type of oil involved and its distance from our shores should be considered in any response efforts currently underway, including our public relations strategy.  However, I do not think it is responsible to attempt to minimize a situation that in its current state constitutes an ongoing environmental disaster in the Gulf of Mexico. Furthermore, I think it is irresponsible and insulting to tell residents of the Mississippi Gulf Coast that they are not in the midst of experiencing an environmental disaster of epic proportions.  It is not helpful to advise Coast residents that what they have seen and smelled is not occurring or has not occurred.  It is a fact that even if the oil never reaches the beach on Mississippi’s barrier islands or further inland, an impact has been and will continue to be felt in Mississippi.  Regardless of how the 200,000 gallons of oil per day spewing into the Gulf compares to the EXXON Valdez spill, it must be considered a significant environmental and economic problem. Furthermore, the dispersants and the oil fires alone will have a significant environmental impact that is yet unknown.  We have reason to be alarmed and it is not apparent that our leaders feel the same sense of urgency.

    On behalf of Mississippi Senate District 46, I request of our state and federal leaders the following:

•    Obtain scientific studies on the environmental effects of the dispersant and the methodology currently being utilized to deploy it
•    Activate the Mississippi National Guard and have them on standby as our sister states of Louisiana and Alabama have done
•    Require BP to increase the number of working skimmer boats
•    Require BP to supply more boom to protect fragile wetlands
•    Explore other technologies to protect beaches and wetlands, such as the protective fence currently in place on Dauphin Island, Alabama
•    Encourage Congress to raise the $75 million cap on BP’s liability for the outcome of the spill
•    Require BP to set aside as a reserve a sum of money sufficient to satisfy the potential liability claims on behalf of individuals, businesses and local governmental entities

    It is my opinion that the foregoing actions are de minimus in light of the current situation and that much more may be required.  Of course, we all pray that the flow of oil will be stopped soon and that the cleanup efforts will be successful.  However, it is the responsibility of leaders to prepare for all contingencies. 

    Should you have any questions or wish to discuss this matter with me please do not hesitate to contact me.

                                Sincerely,



                                David Baria

In a meeting yesterday with tourism stakeholders BP promised to assist in letting tourists know that the Mississippi Gulf Coast is open for business.  BP committed to a $500,000.00 ad campaign to get the message out.  I specifically requested that BP provide compensation to the charter boat captains as they are already compensating shrimpers and oystermen with $5,000.00 advances.

Here is a link to the latest information from the response website:

http://www.deepwaterhorizonresponse.com/go/doc/2931/548451/

Today at 2 p.m. a BP spokesperson reported that the Deepwater Horizon rig is still spewing 5,000 barrels of oil per day.  There is no word yet as to whether the 40 ton cofferdam designed to capture the leaking oil has been set in place.  However, BP crews executed 5 controlled burns yesterday and continue to use dispersant to break down the oil at the point of origin.  BP is holding training sessions across the Mississippi Gulf Coast to ready commercial fishermen for handling hazardous materials so that they can work as subcontractors in the clean up process already underway.  However, despite my repeated requests that Mississippi contractors be primarily utilized for land-based clean up work, there are many reports of out-of-state contractors mobilizing into Mississippi.  I have been assured by DMR representatives and Congressman Taylor's office that BP will give Mississippians priority in the hiring process.  If you learn that BP is hiring non-Mississippians, please report that fact to authorities.  You can check the "Resources" page on my website for contact information.

Here is some other helpful information:

Website with daily updates:          http://www.deepwaterhorizonresponse.com/go/site/2931/

NOAA website:                             http://www.noaa.gov/

NOAA website for response:
    http://www.response.restoration.noaa.gov/topic_subtopic_entry.php?RECORD_KEY(entry_subtopic_topic)=entry_id,subtopic_id,topic_id&entry_id(entry_subtopic_topic)=809&subtopic_id(entry_subtopic_topic)=2&topic_id(entry_subtopic_topic)=1

Community information line:        1.866.448.5816

Wildlife hotline:                            1.866.557.1401

Claims:                                          1.800.440.0858

A situation that would have resulted in the failure to reauthorize a vital state agency was averted as the legislature completed its work on Saturday, March 27th.  Governor Barbour had been unwilling to accept approximately $56 million in federal stimulus funds designated for Mississippi’s unemployment insurance program.  The funds would be administered by the Mississippi Employment Security Commission (“MESC”), and would allow additional benefits to workers who have lost their jobs through no fault of their own. Representative Rufus Straughter, Chairman of the House Labor Committee had said that he was willing to let the MESC die if the governor did not relent and accept the federal stimulus funds.  Apparently, the governor has agreed to accept at least a portion of the $56 million for the purpose of improving the unemployment benefits system, and Chairman Straughter has allowed the reauthorization bill to be passed out of his committee.  This is an example of two politicians with distinct philosophies finding a path to agreement for the betterment of all Mississippians.  Mississippi needs a lot more of this type of cooperation.

Just as the legislature was concluding its business on March 27th, Governor Barbour announced another cut to the 2010 Medicaid budget in the amount of $14.6 million.  This reduction will be realized by reducing reimbursement rates of doctors who treat Medicaid patients.  Reducing this budget by $14.6 million will cost the state a federal reimbursement in the amount of $87 million.  However, before leaving town the House of Representatives passed a resolution to replace the money cut by the governor using money from the Tobacco Trust Fund.  If successful, Mississippi doctors would not see reductions in their reimbursement rates and Mississippi would not lose the $87 million reimbursement.  It will be interesting to see what action the Senate will take on this issue because, to date, the Senate has only been willing to spend reserves on the education budget.  Whether the Senate will be willing to spend reserves to avoid taking money from doctors (who are already arguably underpaid for treating our poorest citizens) will depend on what direction Lt. Governor Bryant and his leadership team choose to take.

Finally, as of this writing I am being advised that Governor Barbour intends to veto the $20 million appropriation for the windpool that I had reinserted after Senate Appropriations Chairman Alan Nunnelee removed it in committee.  The governor has not openly declared his intentions, but Senate leaders have said that he will veto the windpool funding.  There are two points to remember about this appropriation:  1. It has nothing to do with the $20 million home mitigation program.  That money will come from FEMA regardless of what we do about additional windpool funding; and 2. The windpool board says we need the $20 million to keep rates stable in 2011.  Pay close attention to what the governor does with this $20 million as it will have a direct impact on windpool rates. 

I continue to be proud to serve as your State Senator.  If I can ever assist you or if you have questions, feel free to call me at 228.270.0001 or email me at dbaria@senate.ms.gov.

In response to the passage of a Senate amendment restoring $20 million in additional funding for the Mississippi windpool, Governor Barbour issued a press release last week in which he says that he would prefer that we didn’t make that appropriation. Presumably, he does not believe that the money is needed by the windpool.   However, his opinion is contrary to that expressed by the President of the windpool board who told Coast legislators last week that if we want rates to remain stable the money is necessary.  I think the people who live and do business on the Mississippi Gulf Coast would like to see rates go down.  However, that is not likely to happen.  At the very least, we want rates to remain at or near current levels.  If Governor Barbour has his way and the $20 million is not put into the windpool, windpool customers will see a spike in rates in the near future.  Therefore, I strongly disagree with the governor’s position on this matter.

Governor Barbour also addresses in his press release the need for building stronger, more wind resistant homes.  No one disagrees with this proposition.  FEMA has made $20 million available for the existing wind mitigation program.  However, it would be misleading to portray this as an either/or proposition.  The $20 million from FEMA is already approved and on its way.  The $20 million for the wind pool will come from a Hurricane Katrina reserve fund.  Thus, we can and should execute both of these important programs.

Those of us who live and work on the Mississippi Gulf Coast appreciate everything that the legislature and the U.S. Government has done to help with our recovery.  Prior to Katrina the Gulf Coast economy provided about 35% of total tax revenues collected in this state.  To get that economic engine running at full speed again, we will need to keep insurance affordable.  Appropriating another $20 million to the wind pool to keep rates affordable is the right move. Let's hope that Governor Barbour doesn't get his way on this issue.

I successfully amended an appropriations bill in the Senate yesterday to restore $20 million to be paid into the wind pool to help keep premiums stable.  Here are some links to news stories on the issue:

http://www.sunherald.com/2010/03/16/2030919/senate-puts-20m-back-in-wind-pool.html

http://www.jacksonfreepress.com/index.php/site/comments/baria_barbours_wind_pool_veto_raises_rates_031710/

http://www.clarionledger.com/apps/pbcs.dll/article?AID=20103170363

Last week saw the Open Meetings Act Reform bill die in the House.  The bill died sitting on the calendar in a procedural move by the Chairman of the House Judiciary A Committee.  Apparently, the Chairman was upset that the bill was amended on the floor of the House to replace some language that we felt was critical when it passed the Senate.  When I drafted the bill, one of my goals was to create deterrence to violating the Open Meetings Act.  To do so, my version required any fine levied to be paid by the official who violated the Act.  This provision was stripped out in House Judiciary A, but replaced by amendment on the floor.  This move angered the chairman who held the bill on a Motion to Reconsider then let it die.  This is truly unfortunate.

Another important bill survived passage last week after having been written off for dead.  The Senate passed an expungement bill that will afford a second chance to individuals who committed one of six specific relatively minor felonies, such as shoplifting.  However, the person must first prove that they have been rehabilitated.  The bill was hotly debated with some holding the opinion that no felon should ever receive a second chance.  In the end 31 Senators agreed that people make mistakes and after paying their debt to society should be allowed to put it behind them once and for all. 

 

In the news yesterday, MEMA has been accused of overpaying contractors approximately $18 million.  Here is a link to the article in the Sun-Herald on the subject: 

 

 http://www.sunherald.com/2010/03/14/2024500/mema-misspent-almost-18m-say-auditors.html

 

Around the Capitol we have been hearing that a lot of money has been overspent on managing various Katrina relief programs.  Records show that one accounting firm alone has been paid nearly $23 million in Katrina relief funds.  The expenditure may be justified, but it raises eyebrows when you hear about that amount of money going to a single accounting firm!  I will keep you informed as this story continues to unfold.

 

I continue to be very proud to serve as your state senator.  If I can ever be of assistance to you do not hesitate to call me at 228.270.0001 or email me at dbaria@senate.ms.gov.

 

 

           While I normally to use this space to discuss events that occur in the Mississippi Legislature, I feel compelled to share an important story from my home town.  On August 29, 2005 the little towns of Bay St. Louis and Waveland were virtually wiped off the map by Hurricane Katrina.  Schools were not spared by the storm and almost all school buildings in the area sustained at least modest damage, with several being completely destroyed.  Likewise, almost all of the homes of area school children sustained damage or were destroyed.  Thus, many had no place to sleep or to attend school.

            Shortly after the winds died down, Governor Barbour made his famous remarks about Mississippians pulling themselves up by the bootstraps.  Well, in Hancock County we took him seriously.  Not only did we pull ourselves up by the bootstraps, but we rolled up our sleeves (and our pants legs) and cleaned up our community.  Then, we strapped on our tool belts and started rebuilding.  After we had that underway, we tied up our laces and started winning state championships.  St. Stanislaus College, the local private boys school, won the 4A football and soccer championships.  It's companion girls school, Our Lady Academy, won the cross country, volleyball and soccer championships.  Last week, for what is likely the first time in history, two schools from the same little town and less than 2 miles apart competed for the boys 4A state basketball championship.  St. Stanislaus and Bay High had already played 4 times this year with each school winning 2 games before they met last Friday night in the rubber game.  Adding to the drama, the Bay High coach played prep ball at St. Stanislaus and later served as an assistant under St. Stanislaus Coach Jay Ladner.  After Katrina, Bay High Coach Kelton Thompson went to work for a clean-up contractor while the schools were repairing and rebuilding.  He got the Bay High job 4 years ago and, like Coach Ladner, had to work with a bunch of kids who had undergone the worst natural disaster in U.S. history.  Both teams are populated with young men who have grown up in FEMA trailers and temporary classrooms.  Both teams have dealt with damaged or destroyed gymnasiums, buses and equipment.  For one of these schools to have made it to the state championship is impressive given what the players, parents and coaches have undergone.  For them both to make it to the championship game is a testament to fortitude and determination.  While it is a shame that somebody had to lose the game, Bay High won with a big fourth quarter comeback.  However, both of these teams are winners in every sense of the word. 
 
           On March 11, 2010 I will have the privilege of honoring the Bay High team with a resolution commending their accomplishments on the floor of the Mississippi Senate.  If you would like to watch the presentation you can do so by visiting the legislative website at http://billstatus.ls.state.ms.us/ and clicking on the "live webcast."