Four Alexander aldermen kill FEMA flood insurance ordinance

Anyone who has flood insurance for property in the City of Alexander won’t have it after Monday (July 6) and anyone wanting a policy will be turned down after what happened during a special council meeting. Four aldermen successfully stopped an ordinance establishing an updated flood map of the city, a requirement to maintain the Federal Emergency Management Agency’s (FEMA) flood prevention program.

The document entitled, “An ordinance providing for the establishment of a flood prevention program” is a requirement in order for the agency to provide flood insurance and disaster relief.

Mayor Paul Mitchell said the ordinance needs to be approved, “So people don’t lose their flood insurance and so if a flood does occur FEMA can respond.”

Mitchell told council members the last time the ordinance and flood maps were approved was June, 2012. The deadline for FEMA to receive the ordinance is July 6, 2015.

Before the July 29 meeting started there were questions by some as to why the special meeting was needed. The meeting was originally scheduled by aldermen Dan Church, Stephanie Beck and Jeff Watson. The purpose of the meeting was to deal with three items that were tabled during the previous regular meeting held June 15. They were amending the Organization of City Council rules, amending the 2015 budget and what to do about Paychex. The budget was possibly the most pressing since the city can’t legally spend money that hasn’t been appropriated and it’s been said some line items were either underfunded or missing.

Mitchell said the meeting agenda wasn’t included in the original announcement because he didn’t know if the FEMA ordinance would be ready in time.

Alderwoman Andrea Bearden asked, “When were you given the information on the FEMA?”

“I don’t know exactly. I know we got the paperwork shuffled around and got put aside,” Mitchell said. “The district judge used my office and the paperwork got gathered up so she could use my office and it got stuck over in some other stuff.”

After the meeting started and the council turned its attention to the ordinance for FEMA Mitchell read the entire ordinance before discussion began. This fulfilled the legal requirement of the ordinance’s first public reading.

Bearden asked, “When was the last time we had a flood?”

Mitchell again stated the ordinance is simply a legal requirement that allows city residents to buy flood insurance.

“I’d like to see the map,” Bearden said.

“They’re up there (in city hall) for public viewing,” Mitchell responded. “They’re so thick and huge … you (the public) just have to come in and look at them.”

“I’d like to see the map before I go voting on an ordinance,” Bearden added.

By state law ordinances must be read three times at three different public meetings. Governing bodies can have one full reading of an ordinance and then pass a motion suspending the second and third readings. This allows a final vote on an ordinance at the same meeting of the first reading. Since the deadline was one week away Mitchell asked for a motion to suspend the second and third readings.

Bearden said, “So just because we want to see it (map) and you want to rush it through so you’re going to rush it through like you did the organization.”

The first item on the agenda was amending the “Organization of City Council” guidelines. It passed with Mayor Mitchell breaking a tie vote. That brouhaha will be covered in a separate article.

“Well, it’s got to be before the council,” Mitchell said. “All I’m trying to do is get it before the council and you all can do with it what you want.”

“It’s already before the council … and I told you I’d like to see the map,” Bearden responded. “I’d actually like to see what we’re talking about passing.”

Bearden makes a motion to table the issue and Lonny Chapman made the second. It was a tie vote with Louis E. Hobbs, Andy Mullins, Andrea Bearden, and Lonny Chapman voting “Yes”. Jeffery S. Watson, Stephanie Beck, Dan Church, and Melissa Ratliff voted “No”. By state law mayors are only allowed to vote yes to break a tie. Mitchell did not vote.

A motion was then made to suspend the second and third readings. Voting “Yes” were Jeffery S. Watson, Stephanie Beck, Dan Church, and Melissa Ratliff. Voting “No” were Louis E. Hobbs, Andy Mullins, Andrea Bearden, and Lonny Chapman. Mitchell voted “Yes” making the vote five to four to pass.

Unfortunately, Mitchell and the others forgot state law requires a two-thirds majority to suspend the second and third readings of an ordinance. Six out of the eight would have had to vote yes. Later in the week Mitchell said in an E-mail he realized the error after the meeting ended. If there’s another meeting that vote will have to be taken over.

Still believing the second and third readings had been suspended a motion was made to approve the ordinance. Voting “Yes” were Jeffery S. Watson, Stephanie Beck, Dan Church, and Melissa Ratliff. Voting “No” were Louis E. Hobbs, Andy Mullins, Andrea Bearden, and Lonny Chapman. Mitchell voted “Yes” making the vote five to four. A simple majority is only needed to pass an ordinance and the mayor can vote “Yes” to break a tie vote.

Now believing passage of the ordinance had cleared two hurdles Mitchell asked for a motion to invoke the Emergency Clause. Without the Emergency Clause the ordinance doesn’t go into effect until 90 days after approval, 83 days after the July 6 deadline.

It also takes a two-thirds majority to pass the Emergency Clause. Mitchell remembered that and reminded council members during the discussion of the ordinance. Knowing all that, four aldermen still voted “No” killing the Emergency Clause. Voting “No” were Louis E. Hobbs, Andy Mullins, Andrea Bearden, and Lonny Chapman. Voting “Yes” were Jeffery S. Watson, Stephanie Beck, Dan Church, and Melissa Ratliff.

This article has been edited since first posted.