Deputy Dan Sullivan and the ABLE Commission Raiding Tulsa Nightspots

Kaye Beach

August 30, 211

Andrew Griffin of the Red Dirt Report posts this story about the ABLE Commission raiding businesses in the Tulsa area…aided by State Rep Dan Sullivan all dressed up with a gun and a badge?  Apparently its not enough to write and pass the laws, Sullivan wants to enforce them too.  Moonlighting as a reserve deputy for the Tulsa County Sheriff’s office, he gets to do all three.

From the Red Dirt Report Aug. 29, 2011;

 

The concerned bar owner that contacted Red Dirt Report said that while she was watching the ABLE agents, police officers and sheriff’s deputies look for drunks in her bar – several of whom were simply waiting for rides and had no intention of driving anywhere – one of the deputies sporting a gun and a badge happened to be State Rep. Dan Sullivan who works as a reserve deputy for the Tulsa County Sheriff’s Office.

Our source said it was Sullivan who offered up the legislation that got the federal funding for the state program offering law enforcement officers overtime pay to ensure drunks aren’t out on the roads after leaving local bars.

We are told numerous photos were taken of the raids and that Sullivan appears in a couple of photos. We are looking to obtain copies of those photos to be posted here at Red Dirt Report.

And what was interesting is that Sullivan reportedly left the bar in an ABLE agent’s car. When we asked Hughes, with ABLE, if that was allowed, he chuckled and said. “We welcome any law enforcement officer to ride in our vehicles.”

The concern regarding Sullivan, the bar owner noted, was that Red Dirt Report had posted a story written by members of the Sooner Tea Party about Sullivan and allegations made against him. The bar owner was surprised that a man facing such allegations was allowed to carry a gun and badge.

The bar owner also said that in addition to Sullivan’s presence, she was surprised at some of the childish behavior exhibited by some of the ABLE agents as they cited her and patrons were arrested.

Read more;

Bored agents of the ‘nanny state’ harassing drinkers, bar owners and taco lovers

 

 

 

 

Oklahomans Getting Soaked! Tag Teamed by FEMA and OWRB

Kaye Beach

August 30, 2011

“The moment the idea is admitted into society that property is not as sacred as the laws of God; and there is not a force of law and public justice to protect it, anarchy and tyranny commence.” —John Adams, in a letter to Thomas Jefferson. July 16, 1814

Last week I wrote about the stories of two Oklahoma residents, David McLain and Margaret Snow, and their  respective experiences with FEMA and the map modernization program (Map Mod) Margaret had no idea her property had been re-designated at all and David caught the FEMA/Oklahoma Water Resources Board in the act and challenged them.  His property remains safely listed as high and dry.    Margaret’s property (located no where near water and previously was classified as “up land”) remains in the newly designated flood zone and has subsequently lost about half of its value.

Map Mod have transitioned into what FEMA calls Risk Map.  The Risk Map program provides tools and incentives for communities to focus more on reducing risk which you can bet translates into more areas being required to pay for flood insurance and more areas where development is off limits or severely restricted.  You can check and see if your area has been remapped (DFIRM Digital Flood Insurance Map) by zip code at FEMA’s website

Why is this happening?   In a nutshell-the National Flood Insurance Program NFIP (administered by FEMA) is in debt to the tune of about 20 billion dollars due to Hurricane Katrina, Rita and other storms and FEMA is including property in flood zones that have no reason being there in order to gain funds  in order to pay this debt.  Property owners in certain flood zones are practically required to buy flood insurance.  If you have or want a loan backed by the federal government and your property is in a flood zone- you must buy flood insurance from FEMA.  Otherwise, many are being pressured to buy it.

FEMA was in  trouble before Katrina and Rita though.

After Katrina and Rita struck in 2005, the NFIP was more or less insolvent, without the capacity to pay the huge volume of claims those hurricanes created. Congress reacted by increasing the NFIP’s borrowing ability from the U.S. Treasury more than 13-fold, to a level of nearly $21 billion. link

FEMA Map Modernization Status OKLAHOMA

Here is a story published today about the National Flood Insurance Program’s insolvency;

Irene sends floundering flood insurance program further under water

Congress authorized FEMA to update the nation’s flood maps making them digital and other improvements however in 2006 FEMA issued a “mid course adjustment” which means FEMA basically said ‘Hey.  We are going to do this Map Modernization thing a little differently’  What they have done differently is causing lots of problems for property owners.

“In August and September 2005, Hurricanes Katrina and Rita caused unprecedented destruction to property along the Gulf Coast, resulting in billions of dollars of damage claims to the National Flood Insurance Program (NFIP).” GAO 2006

About 2006 FEMA begins issuing flood zone maps with a whole lot of people and their property in it that are not historically or practically at risk for flooding.

The FEMA flood maps determine who must buy insurance from the National Flood Insurance Program.  The money collected from the NFIP goes to paying off the FEMA administered NFIP’s debt.  You do the math.

It’s no secret anyways, FEMA freely admits that part of this new approach is prompted by the burden of debt carried from other disasters.

“The escalating cost of emergency relief aid has prompted the Federal Emergency Management Agency (FEMA) to focus its priorities toward mitigation. This is a dramatic shift from FEMA’s traditional charter of responding to disasters and being prepared to respond.” The Oklahoma Standard Hazard Mitigation Plan

We are essentially being taxed to pay for other people’s losses.  The reason that this is considered necessary now is because “climate change” is a certainty and the federal government expects the unprecedented disasters of recent years to continue.  Redistribution of wealth  is the accepted manner in which to deal with these certainties reminiscent of the thinking behind nationalized health care.  This is also known as “legalized plunder“.

In Oklahoma, the Water Resources Board administers the NFIP for FEMA.

The Oklahoma Water Resources Board (OWRB) administers the NFIP in cooperation with FEMA and acts as the State Floodplain Board. The Oklahoma Floodplain Management Act requires the OWRB to establish regulations to assist floodplain boards in mapping floodplains and 100-year flood elevations in Oklahoma. link

The Oklahoma Water Resources Board is in charge of all Flood Plain Management as authorized by the Oklahoma Floodplain Management Act.(Title 82, O. S. 2001, §1601-1618)

All NFIP participating communities must have a floodplain management plan which follows the dictates of FEMA.

“The Oklahoma Floodplain Management Act, effective May 13, 1980, and revised and updated in 2001, 2002, and 2004, enables Oklahoma communities to participate in the National Flood Insurance Program (NFIP).” link

This means that if your community is participating in the NFIP, then your communities development must conform to FEMA’s regulations and land use policies

The federal government has no authority to control local land use policy but with the lure of federal funds and the threat of withholding federal funds in the event of a true disaster, FEMA wahoo’s your local government to do their bidding.

“Since the Federal Government does not have land use authority, the NFIP is based on the Federal government’s power to spend under the Constitution rather than any Federal authority to regulate land use.”

“Under the NFIP regulations, participating NFIP communities are required to regulate all development in SFHAs. [Special Flood Hazard Areas]”

National Flood Insurance Program

Similarly, the state passes the buck to it’s agencies to implement unpopular growth limitations on local development plans.  Water management agencies are empowered by the state to regulate population growth and development.

“The State of Oklahoma does not have adopted ordinances regulating areas of population growth or future development per se. Oklahoma agencies representing the state under authority granted to them by the legislation adopt rules/regulations regarding Storm Water Management or Stream Water Management”

The first thing you ought to know is that floodplain management is more about protecting the environment from you, than protecting you from the environment. (More about Sustainable Development here)  As we know, Oklahoma’s high percentage of private property ownership is considered to be contrary to sustainable development.  (Private Property Ownership in Oklahoma Barrier to Sustainable Development)

It has been this way for some time. As far back as 1996, floodplain management has incorporated conservation into its management duties.

OKLAHOMA’S COMPREHENSIVE WETLANDS CONSERVATION PLAN

“To integrate wetlands conservation with Oklahoma’s flood plain management program and create more wetland greenbelt/riparian areas.”

Oklahoma has a  “net gain” policy for state owned wetlands and a “no net loss” policy for “wetlands”on state funded projects.

“To establish a net gain wetlands policy for state-owned lands and a no net loss policy on state funded projects to encourage the restoration, enhancement, and creation of wetlands.”

Incorporating wetlands construction or enhancement in urban/suburban areas as part of greenbelts, riparian zones, parks, and stormwater management systems is encouraged.

http://www.okcc.state.ok.us/Publications/OK_Comprehensive_Wetlands_Conservation_Plan.pdf

Certified Floodplain Managers

Members of Oklahoma Floodplain Managers Association have the acronym CFM by their names.  That means Certified Floodplain Manager.

So  when you see CFM by your floodplain managers’ name…

Members of Oklahoma Floodplain Managers Association:

Bill Smith, PE, CFM, Team Leader; Amy Brandley, CFM, Volunteers Coordinator. Team Captains: Phillip Beauchamp, CFM, Gavin Brady, CFM, Dan Carey, CFM, Jessica Yeager, CFM, Leslie Lewis,
CFM, Barend Meiling, PE, CFM, Omeed Mollaian, PE, CFM, Ken Morris, CFM, Bill Robison, PE, CFM, Carolyn Schultz, CFM, Ellen Stevens, PhD, PE, CFM, Ana Stagg, CFM, Laura Story, Anna Waggoner, CFM, Ruth Walters, CFM, Clark Williams, CFM link

. . .understand that CFM (Certified Floodplain Manager) means ASFPM certified floodplain manager.   And if your floodplain manager is ASFPM certified, you need to be checking your city ordinances for “No Adverse Impact” floodplain management techniques.

**Here is a list of all state Floodplain Managers.  Look for your county and see if they have a “CFM” by their name.**

If you want to know more about the role and duties of an Oklahoma Floodplain Manager-click the pic.

“The ASFPM CFM Program recognizes individuals who become certified, who pass the ASFPM exam, or an exam prepared ASFPM chapters that certify floodplain managers.” link

The National Association of Flood Plain Managers or ASFPM is a non-governmental organization (meaning unelected and not officially a part of government).   As with many non-government agencies, ASFPM seeks to be extremely influential in policy making.  It seems that they have met their goal.

ASFPM is part of a 6 NGO partnership that includes

•The Nature Conservancy (TNC)

•The Coastal States Organization (CSO), The National Association of Counties (NACo),

•the National States Geographic Information Council (NSGIC) and

•The American Planning Association (APA).)

link

As I mentioned in my previous post—–The ASFPM has some very interesting new management techniques that really got my attention while researching water management issues a few months ago.  This new water management technique is called No Adverse Impact or NAI.

ASFPM says that NO ADVERSE IMPACT is “A New Direction in Floodplain Management Consistent with the Concept of Sustainable Development”

A new direction?

It is only as new as the 1987 Brundtland Report which is the basis for No Adverse Impact. (More about Sustainable Development here)

We all understand that we cannot do anything on or with our property (or our rights) that will harm the rights of another.

The No Adverse Impact approach begins with a solid and lawful premise, that our right to swing our fists stops where the nose of our neighbor begins, but then twists that premise by the manner in which what constitutes an adverse impact in determined.

“The No Adverse impact philosophy can shape the default management criteria: a community develops and adopts a comprehensive plan to manage development that identifies acceptable levels of impact, specifies appropriate measures to mitigate those adverse impacts, and establishes a plan for implementation.” link

So the community defines what constitutes an adverse impact and as we have seen time and again, the “community” is a group of people who are usually manipulated into “consensus” by community organizers to meet sustainable development goals.  But don’t be distracted from the truth.  No one, no group can define and thus take away your God given rights.  This is a dangerous road to travel and one that the Founders of this country explicitly avoided.  We are NOT a democracy.

It is often said that we are a nation of laws, not men.  This is what protects us from an arbitrary and capricious government.  Laws restrain men but in ASFPM’s view men should have the ability to restrain law.

This is the problem; what constitutes an “adverse impact” under ASFPM’s plan, is defined by the community not the law.

FEMA, the Oklahoma Water Resources Board and Oklahoma Floodplain Managers have adopted the ASFPM’s No Adverse Impact management technique and it is being implemented in this state to the detriment of Oklahoma land owners.

ASFPMA and FEMA-working ten regions

FEMA REGIONS

ASFPM’s Regions

The term favored by FEMA is “wise use” but you will also see “no adverse imapct” used as well.  Both share the same problem-who defines what “wise use” or “no adverse impact” means?

Now  “Hazard Mitigation”  for FEMA has broadened considerably and it dovetails nicely with conservation efforts.  Now it is all about prevention of future disasters.  One great way to prevent property losses is to makes sure there is no property to lose in the first place.

The Oklahoma Standard Hazard Mitigation Plan

“Property Acquisition -This is the State’s most favored, and usually most cost effective, voluntary option because the people and property are totally and permanently removed from the path of flooding and danger.”

Oklahoma’s declares in the state’s  2011 Standard Hazard Mitigation Plan, that FEMA’s mission is our mission.

The FEMA mission is: “Reduce the loss of life and property and protect our institution from all hazards by leading and supporting the nation in a comprehensive, risk-based emergency management program of mitigation, preparedness, response and recovery.”

The Oklahoma State Hazard Mitigation Plan was written following this same precept. FEMA programs were reviewed and were integrated with the state mitigation planning process. The State of Oklahoma Hazard Mitigation Planning process aligns exactly with FEMA programs

This is because in order for Oklahoma to qualify for these federal program, the state must conform.

“This Plan [The Oklahoma Standard Hazard Mitigation Plan]is designed to fulfill the requirementsof the following programs available through the Federal Emergency Management Agency (FEMA)”
♦ Pre-Disaster Mitigation Program (PDM);
♦ Post-disaster assistance through the Hazard Mitigation Grant Program (HMGP);
♦ Flood Mitigation Assistance Program (FMA),
♦ Community Rating System Floodplain Management Planning (CRS);
♦ Severe Repetitive Loss Program (SRL);
♦ Repetitive Flood Claims Program (RFC).

I wish I had good news for you new floodplain dwellers but I don’t .  Although the plan is technically voluntary, there is a catch or two.

“The National Flood Insurance Program (NFIP). Participation in NFIP by municipalities, counties, and tribal organizations is voluntary” (2011 Oklahoma Standard Hazard Mitigation Plan)

If a community does not participate residents cannot get flood insurance and in the event a presidential disaster declaration is made, non participating communities will not be eligible for federal assistance. Source:About the National Flood Insurance Program: Community Participation

What makes it worse is that when a community agrees to participate in the NFIP they have to accept all of the regulations on development that FEMA imposes.  Those regulations are detrimental to property values.  Often property owners just give up in disgust and leave.  It is apparent that FEMA and those at the local level charged with implementing FEMA’s directives have  rolled sustainable development principles into hazard mitigation policy.

Planning for a Sustainable Future: The Link Between Hazard Mitigation and Livability” (FEMA 364) illustrates how communities, whether planning for hazard mitigation before a disaster or initiating recovery planning after a disaster, can integrate the concepts and principles of sustainable development into each phase of mitigation planning.  FEMA 364 also shows how disaster resistance can be a catalyst to help communities incorporate sustainable development practices into their day-to-day planning and development functions.

FEMA and the NFIP creating “Economic Dead Zones“

“The National Flood Insurance Program is, in both its design and execution, the worst federal program that I have encountered in my time in the United States House of Representatives.
Once vibrant neighborhoods…in which flood insurance is mandated are effectively economic dead zones, because this program provides perverse disincentives to home ownership and to home improvement, which, over decades have effectively turned whole swaths of formerly vibrant urban neighborhoods into virtual ghost towns. …communities across America pay this mandatory flood tax and see no benefit…  —U.S. Representative Brian Higgins (D) New York, April 20, 2009 at a congressional hearing on the Federal Emergency Management Agency’s (FEMA) flood map modernization program

If you want to know more, I recommend scanning over  The Oklahoma Standard Hazard Mitigation Plan 

It is a daunting read but I found the first several pages manages to encapsulate enough information to give a good idea of what is going on.  You can also search the document for key words like “FEMA”, “sustainable”, “all-hazards”, “land-use”, “relocation” or any other keyword that strikes your fancy.

For an excellent overview and more information on FEMA’s re-mapping efforts, see OK-SAFE’s recent newsletter

Has Your Non-flooding Property Been Re-Mapped as Flood Zone?

OK-SAFE advises;

If you have had your non-flooding property (in Oklahoma) designated as flood zone/flood plain by either the Oklahoma Water Resources Board and/or FEMA (or FIMA), the Attorney General of Oklahoma may be interested in your situation.

Two people have agreed to be the contact persons for this effort.  Please have your paperwork together and organized, including any notes you may have taken about your conversations with OWRB, FEMA, or city officials.  Get names, titles, and contact information from everyone you have spoken with regarding this flood zone designation.  Include any before and after property assessments you may have.

1. Northeast Oklahoma contact: Margaret Snow, email: msnow14@netzero.net  - this area includes Washington County, Rogers, etc.
2. Rest of Oklahoma: Keith Shankle, email: kshankle@gmail.com

This past Sunday I had the honor of visiting with Amanda Teegarden and Don Wyatt on their weekly internet radio program “America in the Balance” about this issue.

My advice; Ask questions, demand answers and know your rights!

Oklahoma GOP’s Stance on China-Irresolute

Kaye Beach

August 28, 2011

Irresolute-Showing or feeling hesitancy; uncertain

The State GOP met yesterday to make some changes to the rules regarding the 2012 nominating schedule.  A resolution was offered before the committee regarding the GOP’s stance on China.

The resolution apparently failed but by a small margin and some committee members have noted that the vote was taken by voice only  and question whether an actual count would have produced different results.

While the GOP committee might be a little uncertain on where it stands on rolling in the communist China business hay, the position of most Oklahoma conservatives, in my experience, has been a very firm “Heck NO!”

 

Here is a very informative story from the Tulsa Beacon about the issue published Thurday Aug. 25;

GOP ponders China/Okla. connection

The chairman of the Tulsa County Republican Party is alarmed about the prospects of Communist China owning companies and property in Oklahoma.
Chairman J.B. Alexander will meet with state GOP officials Aug. 27 to consider a resolution that he thinks echoes the views of most Oklahomans – that getting jobs is not worth getting in bed with the Chinese.
In July, Governor Fallin attended the National Governors Association annual meeting in Salt Lake City, Utah. This meeting also included the inaugural U.S.-China Governors Forum and was the product of a “memorandum of understanding” signed in January 2011 between U.S. Secretary of State Hillary Clinton and the Communist Chinese government.
According to the State Department’s website, “The forum will build on and expand existing cooperation between the United States and China by encouraging state and provincial leaders to share best practices. It will also formalize relationships between the leaders who are best placed to understand the economic, educational, and environmental needs of their respective states and provinces. The goal of the forum is to foster direct interaction at the sub-national level in order to promote economic growth and prosperity. Thus, this gathering of sub-national leaders will serve as a platform to promote peer-to-peer exchanges between U.S. state governors and Chinese provincial leaders.”
Fallin was recently reappointed to the executive committee of the NGA and she is a member of the economic development and commerce committees.
At this year’s forum, Utah Governor Gary Herbert said, “On behalf of the people of Utah, I beg you for your continued partnership with Utah.”
Amanda Teegarden, executive director of OK-SAFE (a non-partisan watchdog group), said the Oklahoma Commerce Department issued a “request for proposals” for a trade representative in China who would also seek foreign direct thinvestment in Oklahoma.

Oklahoma manufacturers and farmers have exported goods for decades but this is a new effort to have foreign countries buy or bring in companies to the state.
According to the OK-SAFE website (www.ok-safe.com), Oklahoma has four foreign trade zones. They are:
1. Will Rogers Airport in Oklahoma City
2. Port of Muskogee
3. Port of Catoosa
4. International Business Park in Durant
“The question remains, which Governor Fallin has yet to answer publicly, does her administration plan to seek foreign direct investment in the Oklahoma by the Chinese?” asked Teegarden. “It would seem the answer is yes.”
Alexander said Idaho is considering allowing Communist China to develop a 10,000- to 30,000-acre “industrial zone” south of Boise, a self-contained model similar projects in Communist China.

Read More

Okla. Water Resources Board/FEMA Flood Map Follies

Kaye Beach

August 24, 2011

Updated Sept. 1.  Correction. David McLain was incorrectly identified as being the Pastor of Immanuel Baptist Church.   Apologies for the mistake.

America in the Balance, an internet radio program hosted by Amanda Teegarden (Exec. Director, OK-SAFE, Inc.) & Don Wyatt (Tulsa 912)  did a very interesting show on the FEMA Flood mapping taking place in our state last Sunday.

Their two guests David McClain and Margaret Snow shared their experiences with FEMA and the new floodplain maps that are being drawn up in Oklahoma.

The two are looking for other Oklahomans who have had a similar experience with FEMA and their new maps. OK. Attorney General Scott Pruitt has agreed to take a look at documented instances of questionable FEMA flood re-designations.  (Contact information can be found at the end of this article.)

These flood maps produced by FEMA will indicate which property owners must purchase flood insurance.  Development is discouraged in the designated zones and building or development in the floodplains is often highly regulated

If you have had your property’s flood designation changed or had an encounter with FEMA or the Oklahoma Water Resources Board regarding floodplain designation, you will be interested in these two stories.

(Listen to the archived show here or read the summary I have written from the radio show interviews.)

Skiatook Township, David McLain

David McLain who is in the construction industry and a member of Immanuel Baptist Church in Skiatook tells Amanda and Don that a few weeks ago he noticed some officials taking measurements on his property.  David approached the two gentlemen to find out what they were doing.  The two identified themselves as being with FEMA and informed Mr. McClain that they were working on adjusting floodplain designations.  One of the agents, Gavin Brady, although he introduced himself as being with FEMA, the  business card he handed to David showed him as being with the Oklahoma Water Resource Board.  The other agent is reported to be Matthew Rollins.

Curious as to why the man is representing both FEMA and the Oklahoma Water Resources Board, I did a little searching and found that the OWRB is under a cooperative agreement with FEMA and is the coordinating state agency for the National Flood Insurance Program (NFIP) for the state of Oklahoma. link

Map Modernization

The OWRB website explains that this is a “Map Modernization” effort;

“Many of the nation’s flood hazard maps are outdated and no longer realistically depict the true flood risk. As a result, the Federal Emergency Management Agency (FEMA) is conducting a multi-year effort, the Map Modernization Program, to update these maps and present them in a more reliable digital format that is easily accessible to local and state floodplain officials” link

(For more about the FEMA/ Oklahoma Map Modernization program, click here.)

Here is a little more information about Mr. Gavin Brady.

Gavin Brady, CFM (Certified Floodplain Manager) has been with the Oklahoma Water Resources Board since 1982. In addition, he is the Oklahoma State Coordinator for NFIP (National Flood Insurance Program).  He also serves on the Board of Directors for the Oklahoma Floodplain Managers Association. link and is a chapter member of ASFPM- the Association of Flood Plain Managers

According to the ASFPM website, “Chapter members represent local, state and federal government agencies, citizen groups, private consulting firms, academia, the insurance industry, and lenders”

The ASFPM has some very interesting new management techniques that really got my attention while researching water management issues a few months ago.  This new water management technique is called No Adverse Impact or NAI.

ASFPM’s  “No Adverse Impact” represents a whole new method of land management that raised a whole lot of red flags in my mind but in the interest of brevity, I will have to cover this another day  but let me just leave you with this information just to give you an idea of what concerned me; ASFPM says that No Adverse Impact is “A New Direction in Floodplain Management Consistent with the Concept of Sustainable Development”

Back to David McLain.

On that first day he encountered the men on his property, McClain asked to see the map they were using (dated 1999), his property was not within the flood area on their map and the officials indicated that his property was not in the floodplain.

Over the next 3 days the story changes dramatically.

Sorry Wrong Map

The very next day McClain was contacted and informed that his property actually was within the floodplain/  He was told that the first map “was the wrong map”   Furthermore, the agent informed McClain that in addition to his property adjacent to the church that about half of his church parking lot was included in the new floodplain designation.

Good News?

The agent proceeds to informed Mr. McClain that they did have some good news to report.  The new designation of the property entitled him to buy flood insurance from the federal government.  Oh joy!  On top of the certain devaluing of his property due to the flood zone designation, David might also be obliged to pay the government for insurance that he may not want or need.

Unsurprisingly, David was not impressed and rather than thanking the gentleman he began to inquire further.   By what authority they can just declare the property to be within a flood zone?  He was  informed by Gavin Brady, the FEMA/Oklahoma Water Resource Board representative, that FEMA has partnered with the township. In the course of David’s discussions with these two, he was given the very distinct impression that they believed that the Constitution did not apply to them.

Following up on the Skiatook Township’s partnership as asserted by the FEMA representatives, David McLain took the problem to Skiatook’s managers.  He wanted to know where the township got its authority to enter into this “partnership” that was threatening his rights and as a citizen and property owner not to mention putting the Church at risk.

Behold!  A New Map

Shortly after these inquiries, David receives a call back from the Township Manager who informs him that a new map had been found. Seems that neither Davids property nor the Church is actually in the new flood zone after all!  Bright and early the following morning, one of the FEMA agents visits David’s house and drops off the new map showing that his property is safely outside of the new flood zone.  All of this took place within a space of three days.

You have to wonder If David had simply accepted the new FEMA designation, as many citizens would be likely to do, what would have become of his property.  What if he had not happened to see the government officials taking measurements on his property to begin with?  Would he have been notified in time to protest?

Washington County, Margaret Snow

Margaret Snow’s story gives an idea of how the alternate scenario might play out.

Margaret lives in Washington County, an unincorporated area near the Oklahoma/Kansas border.  She has 40 acres of land that has been owned by her family since 1946.  This property is designated as upland agricultural, at least it had been for as long as Margaret can remember.

Double Trouble

Back in November of 2008, Margaret went to her local bank to see about getting her home refinanced. Right before closing on the bargain, Margaret received notice from her bank that there was a problem.  A rather large problem really-due to the fact that her property had very recently (Sept. 26, 2008) been designated by FEMA as a Zone A flood prone area.  This was news to Margaret!

(Zone A:  defined as areas in the 100-year floodplain.  There are many different sub designation possible under Zone A  link)

What this meant for Margaret is that her monthly loan payments would actually be about double what the bank had originally negotiated with her.  Margaret could not take the loan.

Margaret says that the property has never flooded since her family has owned it and there are no bodies of water near the property nor has there been any development that may have changed the lay of the land in such a way as to impact drainage.  It appears that the only thing that has changed is the imaginary line drawn by FEMA.  How much did this line change her property value?  Margaret is not sure but here is what she does know;  The value of her property appraised before FEMA’s Zone A (high risk) designation, and the appraisal value after the new FEMA designation, sunk by half.  Margaret also notes that the value of a nearby property, also considered upland agricultural land,  that was not included in FEMA’s new flood prone designation,  stayed the same.

A ZONE A designation requires many property owners to purchase FEMA’s flood insurance.

Property owners in a FEMA ZONE A ( high risk ) flood zone with mortgages from federally regulated or insured lenders are required to have flood insurance-all property owners are strongly encouraged to buy insurance.

“At the heart of FEMA’s flood map, and indeed at the heart of its strategy, is a definition of “flood” that seems to have been written with no thought to what a flood actually is, contributing to the notion that it was drawn primarily to ensnare millions of property owners in an insurance scheme.” –David Tunno, The FEMA Scheme

A FEMA Zone A designation (within the 100 year floodplain) requires property owners to purchase flood insurance if they live in communities that participate in FEMA’s National Flood Insurance Program or NFIP.   The NFIP is also the only provider of flood insurance. ( Here is the list of Oklahoma communities that are registered as participants in the NFIP as of 2010.)  Banks will also require you to agree to get flood insurance if you want a home loan.

The Tulsa World reports on March 7 2010;

Property mistaken as flood plain

“That we were in a flood plain and we required flood insurance was a total surprise,” Kristy Boyd said.

And totally wrong. Read more

How to Change a FEMA Flood Map

David McLain and Margaret noted that both were told that there was a process for changing these regulatory boundaries set by FEMA which would exempt the property owner from the flood insurance requirement.

I found a website that addressed this very issue. Suite 101 under Engineering explains; How to Change a FEMA Flood Map

“FEMA flood maps can be changed. Some changes are simple and require only a surveyor. Other changes require detailed engineering. Property owners can benefit.”

In short there are several types of of map changes a property owner can attempt that would result in their property being re designated to a non-flood zone. The simplest amendment is by showing that FEMA made an error on the map the most involved would require actual changes to be made to the topography of the land itself such as filling it in.  All of them will cost you something and obviously the more involved amendments would only be an option for the very wealthy.

It may take a lot of time and money, but apparently it is possible for a property owner to turn a FEMA floodplain into high land but it only takes the mark of FEMA’s pen to turn high land into a floodplain.

Arbitrary, Inaccurate, Short Notice

The obvious concern here is that the whole process appears  ripe for abuse.  On the surface, there is the appearance of arbitrariness. What about property owner notification and an opportunity for appeal?

The FEMA Scheme

David Tunno, at the request of residents in Calaveres County,CA,  investigated FEMA’s flood mapping process.  His report, The FEMA Scheme,  is eye opening and I recommend anyone with questions about this process.

“We know the result of the sub-prime home loan meltdown, but I question how different is the behavior of FEMA? Has it falsified information on the flood status of properties in an attempt to force owners to buy flood insurance? Has it placed properties in flood zones without sufficient evidence? Has it pressured, scared or fooled owners into buying flood insurance who either did not need it, or before there was sufficient evidence of the need? Has it ignored historic rainfall and flood data in drawing its maps? Has it concocted a definition of flood solely for the purpose of expanding its own pool of insurance policy holders?

The evidence shows that “all of the above” would be the accurate answer; or at the very least that FEMA has been so wanton in its behavior as to produce the same result. Finally, isn’t FEMA’s take-it-or-else position with the County akin to putting a gun to the head of the County at the expense of thousands of property owners (and how many nationwide)?

FEMA is an insurance monopoly with tremendous power. It is being allowed to do five things that any unscrupulous monopoly power would love to be able to do and, if they did, might well face prosecution for doing so; 1) It is being allowed to invent the need for its product (insurance), 2) It is being allowed to mandate the purchase of its product, a product only it sells, 3) It controls the price of its product, 4) It is being allowed to employ, coerce, or bribe (pick your favorite verb) other government entities (counties) to assist it, and 5) It is being allowed to deny the purchase of its product to anyone who lives in a county that won’t play ball, thereby forcing the county to hand over thousands of new policy holders to FEMA or cause those who actually need the insurance to lose that coverage.”

The FEMA Scheme by David Tunno

It isn’t only angry land owners who have these concerns.

2007 Oklahoma Floodplain Managers issue complaints to FEMA

In 2007, the Oklahoma Floodplain Managers wrote to the FEMA Flood Map Modernization Team expressing concerns about FEMA’s Flood Map Modernization efforts.

“There have been several deficiencies in quality and process with the production of the new DFIRM [Digital Flood Insurance Maps] data for Oklahoma.”

The Oklahoma Floodplain Managers cited;

• Countywide kickoff meetings with short notifications for local officials,
• Inaccurate and arbitrary A-Zone additions to maps,
• Inaccurate enhanced A-Zone mapping, leaving off previously finalized Letter of Map
• Changes on detailed studies,
• Delayed DFIRM mapping schedules,
• Non-compliant appeal period notifications,
• Incomplete or missing technical data, etc.

Noting that these “are a few of the problems encountered on countywide floodplain mapping studies within Oklahoma”

Oklahoma Floodplain Managers told FEMA that they believed that “Local engineers could perform work of the same or better quality and would likely have better working knowledge of local floodplains and studies. Accountability and responsiveness to local communities would be better served from engineers practicing in the same state.”

Read more

Has this Happened to You?

If you have experienced a similar situation with FEMA or floodplain designation  Oklahoma Attorney General Scott Pruitt has said that he is willing to meet with people who live in Oklahoma and who have a similar  documented circumstance of a new FEMA floodplain designation that they believe may be unfair.

Margaret Snow and Keith Shankle have agreed to act as point persons for those who have a similar complaint or more information they would like to share with the  Attorney General.

You may contact Margaret Snow at msnow14@netzero.net

or  Keith Shankle at  kshankle@gmail.com

_________________________________________

Robo Copter-Hells New SWAT Toy

Kaye Beach

Aug 23, 2011

Tased From Above! New Robot Copter To Begin Patrolling Our Skies

Forget the idea that weaponized unmanned aerial vehicles (UAVs) are only for military operations in wars fought in far off lands. Soon they’ll begin setting their sights on criminals within our borders. And they’ll be packing heat, not the long-range missiles of the X-47B, but with up close and personal stun guns, 12-gauge shotguns and, believe it or not, grenade launchers.

The ShadowHawk is the seven-foot, 50-lb copter that is the toy-sized dealer of destruction from Texas-based Vanguard Defense Industries. The copter is the result of three years of development. If being tased from above sounds frightening to you, I suggest you cease all criminal activities now (simply staying indoors is an option). There’s a good chance ShadowHawk’s spine tingling buzz could be heard approaching a city near you.

As a sign of new law enforcement tactics to come, the Sheriff’s Office of Montgomery County, Texas was recently awarded a grant by the Department of Homeland Security for a squadron of ShadowHawks. Montgomery County’s Chief Deputy Randy McDaniel is psyched. “We are very excited about the funding and looking forward to placing the equipment into the field. Both my narcotics and SWAT units have been looking at numerous ways to deploy it and I absolutely believe it will become a critical component on all SWAT callouts and narcotics raids and emergency management operations.”

Read more

DARPA Prepares for Meme War

Kaye Beach

August 22, 2011

~Hat tip to P.H. for the RFP~

“Potent memes can change minds, alter behavior, catalyze collective mindshifts and transform cultures. Which is why meme warfare has become the geopolitical battle of our information age. Whoever has the memes has the power.”–Kalle Lasn

Here is a Request for Research Proposals issued by DARPA on July 14, 2011.

DARPA-BAA-11-64 SOCIAL MEDIA IN STRATEGIC COMMUNICATION (SMISC)

“DARPA is soliciting innovative research proposals in the area of social media in strategic communication. Proposed research should investigate innovative approaches that enable revolutionary advances in science, devices, or systems” pg 4

If you are wondering what is the purpose of this program, jump ahead to page 5;

“Entirely new phenomena are emerging that require thinking about social interactions in a new way. The tools that we have today for awareness and defense in the social media space are heavily dependent on chance. We must eliminate our current reliance on a combination of luck and unsophisticated manual methods by using systematic automated and semi‐automated human operator support to detect, classify, measure, track and influence events in social media at data scale and in a timely fashion.’

In a nutshell,  the US government is losing the meme war.  Due to lightning fast communication technology (such as the internet), old fashoined propaganda and methods of though and behavior control just isn’t cutting it.   DARPA is (and has been) working on a way to fix that.

A meme is a postulated unit of cultural ideas, symbols or practices, which can be transmitted from one mind to another through writing, speech, gestures, rituals or other imitable phenomena. http://en.wikipedia.org/wiki/Meme

Here is an example of a meme for you.

Remember Total Information Aawreness?

The Information Awareness Office (IAO) was established by the Defense Advanced Research Projects Agency (DARPA) in January 2002 to bring together several DARPA projects focused on applying surveillance and information technology to track and monitor terrorists and other asymmetric threats to national security, by achieving Total Information Awareness (TIA).

This would be achieved by creating enormous computer databases to gather and store the personal information of everyone in the United States, including personal e-mails, social networks, credit card records, phone calls, medical records, and numerous other sources including, without any requirement for a search warrant. link

The Total Information Awareness Office was (supposedly) de-funded by Congress in 2003 due to mass public outrage.  In truth, while TIA dropped the creepy logo, its objectives are still  being fulfilled.

According to Memes.org;

Richard Dawkins coined the term meme, which first came into popular use with the publication of his book The Selfish Gene in 1976. Dawkins based the word on a shortening of the Greek “mimeme” (something imitated), making it sound similar to “gene”. http://memes.org/definition-of-meme

Memetic Engineering is the process of modifying human beliefs and thought patterns by purposely altering, creating or propagating memes.  When used in the context presented by DARPA, it might be called a Meme War.

Back to DARPA’s RFP.

The first few pages lay out the purpose and desired outcome of this program;

“The general goal of the Social Media in Strategic Communication (SMISC) program is to developa new science of social networks built on an emerging technology base.” pg 4

[4 Specific Goals of SMISC-]

In particular, SMISC will develop automated and semi‐automated operator support tools and techniques for the systematic and methodical use of social media at data scale and in a timely fashion to accomplish four specific program goals:
1. Detect, classify, measure and track the

• formation, development and spread of ideas and concepts (memes), and
• purposeful or deceptive messaging and misinformation.

2. Recognize persuasion campaign structures and influence operations across social media sites and communities.
3. Identify participants and intent, and measure effects of persuasion campaigns.
4. Counter messaging of detected adversary influence operations.

DARPA Declares;

“We must eliminate our current reliance on a combination of luck and unsophisticated manual methods by using systematic automated and semi‐automated human operator support to detect, classify, measure, track and influence events in social media at data scale and in a timely fashion.”

Technology areas particularly relevant to SMISC are shown here grouped to correspond to the four basic goals of the program as described above:
1. Linguistic cues, patterns of information flow, topic trend analysis, narrative structure analysis, sentiment detection and opinion mining;
2. Meme tracking across communities, graph analytics/probabilistic reasoning, pattern detection, cultural narratives;
3. Inducing identities, modeling emergent communities, trust analytics, network dynamics modeling;
4. Automated content generation, bots in social media, crowd sourcing.

Most of the 35 page document is boring details of fulfilling the RFP.  The first several pages is where the interesting stuff is.  Have a look

“It was, indeed, the Age of Information, but information was not the precursor to knowledge; it was the tool of the salesmen.”
Earl Shorris, A Nation of Salesmen

Travelers checks: Automatic License Plate Readers track your every move

Kaye Beach

August 22, 2011

Here is good article on ALPR technology.

Source;  Carol Rose, On Liberty Community Blog at Boston.com

Remember the furor this spring, when we learned that iPhones and other mobile devices were logging every move their users made? Automatic License Plate Readers (ALPRs) would do something similar to your car.

Late last year, the Commonwealth of Massachusetts advertised a $300,000 grant from the federal Department of Transportation for the purchase of ALPRs. Over 90 agencies in the state applied; 27 were given the grant money.

Many of these towns (see a full list here) have already implemented the technology. At least one, Brookline, is currently struggling with whether or not to accept the funds and implement an ALPR.

ALPRs are not ordinary cameras. Attached to police cruisers, or fixed on telephone poles or other stationary places, the cameras snap an image of nearly every license plate they encounter. The device produces a file for each image captured, which includes searchable text displaying the time, date and GPS location of the car when and where the plate was ‘read’. This information is fed into a database, where it can be shared with other agencies and databases, and “mined” or analyzed.

One of the major problems with ALPR technology is that it sucks up all license plates, not simply those associated with people suspected of wrongdoing. Therefore as the technology expands, it is possible that law enforcement will be able to track your movements with incredible precision as you go about your daily life in your car. Without proper privacy protections backed by the force of law, ALPRs become yet another tracking technology.

Read more

Oklahoma Smart Meter Info Swap

Kaye Beach

August 21, 2011

Everywhere I go, people have lots of questions about the Smart Grid and Smart meters.  In an effort to share information and help Oklahomans connect on this issue I have opened a group for that purpose on Facebook.

Oklahoma Smart Meter Info Swap

This is a new Facebook group for Oklahoman residents who want to share information about the Smart Grid or the new Smart Meters being installed in this state.

Smart electric meters are electronic devices that track and record a customer’s use of electricity.

The purpose of the Smart Grid is to monitor, analyze, and better control energy delivery and add communication capabilities to the national electrical delivery system for the purpose of stability of service and to reduce energy consumption.
On Oct 27, 2009 President Obama announced that the Department of Energy awarded $3.4 billion in stimulus money to 100 smart-grid projects. Each project had to provide its own matching funds which put the investment at over $6 billion. The Dept. of Energy estimated that the awards will result 18 million homes getting the smart meters which will allow for the conversion to the Smart Grid.
Since February of 2010 OG&E has already installed 350,000 smart meters. They plan on installing smart meters for nearly 800,000 customers by the end of 2012.

Some of the most common concerns raised by Smart Meters and the Smart Grid pertain to;

Property Rights
Privacy
Accuracy
Safety

If you are interested in learning more or sharing the knowledge you have about the Smart Grid or Smart Meters-please join us!

Simply click the link below and ask to join.

http://www.facebook.com/groups/258342357528590/

Wayne Pettigrew and his Big Brother Budget Fixes

Kaye Beach

August 19, 2011

The revolving door is a descriptive term for the shuffling of roles between former lawmakers to industry lobbyists (or vice versa)

One of the main reasons the public disdains the those who trip through the revolving door is obvious. It provides a vehicle for public servants to utilize their office for personal gain at the expense of the taxpayer.

The most complete example of the revolving door is when the lawmaker rotates to lobbyist and back to lawmaker again.  That seems to be the trip that Wayne Pettigrew wants the Oklahoma’s Second District voters to send him on.

However, on occasion, the revolving door can hit a politician from behind.

From The Red Dirt Report;

Pettigrew considering a run for Boren’s seat

Posted: August 19, 2011

McALESTER, Okla. — Calling this a “crisis moment” in our nation’s history, former Republican state Representative and McAlester businessman Wayne Pettigrew today announced the formation of an exploratory committee for a possible bid for Congress in Oklahoma’s Second Congressional District.

The district covers most of eastern Oklahoma and is being vacated by Representative Dan Boren.
“We must chart a new course of fiscal responsibility for our country.  From the downgrading of our debt to wasteful and excessive government spending, the signs are clear that we have no time to waste,” Pettigrew said.

Read More

Mr. Pettigrew recognizes that our nation’s economic situation is dire and says he wants to help.  I don’t doubt the former Oklahoma Representative  and lobbyist has some ideas about how to pull us out of this mess.  I do, however, doubt that Second District voters will like his ideas about how to do it very much.

Pettigrew has lobbied all across this land for a company called InsureNet.

National Leader In Use Of Highway Camera Data Employs Former Rep. Wayne Pettigrew

Wayne Pettigrew, former Oklahoma House member, is the National Marketing & Government Relations director for the nation’s leading firm in administering data on vehicle insurance data gathered using controversial highway cameras, the firm’s website discloses. Read More

Paettigrew’s plan pushed for InsureNet  to keep states in the black hinges upon revenue generation.

InsureNet uses Big Brother Spy Cams to investigate every passing motorist and then fine the devil out of them.  Pettigrew has a plan for how to get them to pay too- by holding their driver’s license over their heads until they cough up the dough.

 “He [Pettigrew] said today there are no “escapes” and the days of ignoring a citation are over. Vehicle reregistration and drivers license renewal depend on paying and clearing any fines – including those regarding insurance – from any jurisdiction.” http://wwwtmrcom.blogspot.com/2010/05/pettigrew-switzer-tinker-owens-made.html

Wayne Pettigrew has given plenty of thought to how to squeeze the working class for more money and he seems quite certain that people won’t pay those fines unless you twist their arms.

Apparently that certainty is based on experience.

Pettigrew Faces $200 Fine In Nevada

The Nevada lobbyist registration of former Rep. Wayne Pettigrew, a national officer in the firm InsureNet, has been revoked for failure to file reports on time. He owes a $200 fine, a spokeswoman tells The McCarville Report Online.

Here is how InsurNet pitches its product to cash strapped cities;

Traffic cameras could help wipe out city’s projected deficit

March 16, 2009

BY FRAN SPIELMAN City Hall Reporter

Chicago could rake in “at least $200 million” a year — and wipe out the entire projected deficit for 2009 — by using its vast network of redlight and surveillance cameras to hunt down uninsured motorists, aldermen were told today. (That article has been removed from the Sun Times although plenty of links to discussions about it can be found)

Another report says;

The Chicago Sun-Times quotes InsureNet president Dr. Jonathan Miller on what the city might expect to earn with the system in 2009. “Certainly, it will be well in excess of $100 million,” Dr. Miller said. “We think at least $200 million. And the upward projections are far higher.” InsureNet would charge a collection fee of “just” 30 percent in exchange for its services. Clearly, this type of system—installed at no small cost—is all about making money.

Read more

Is this the sort of “fiscal responsibility” voters can expect out of Wayne Pettigrew as their congressman?

InsureNet has earned a reputation nationwide for making inflated claims as to the accuracy, security and profitability of their system.

You may recall the uproar back in 2010 caused by Gov. Brad Henry’s Budget Proposal for FY 2011  which proposed installing some 200 new spy cams on state highways for automated enforcement purposes.

Oklahoma To Deploy Photo Ticketing Cameras Statewide
Private company to set up network of cameras to track Oklahoma drivers and issue insurance tickets to generate $95 million a year.

http://www.thenewspaper.com/news/31/3165.asp

Pettigrew also pitched the deal to Pennsylvania lawmakers on March 2 of 2010 telling them that Oklahoma (and two other states) were currently implementing the system.  (see the Pennsylvania House of Representatives transcript pg 30)

That statement was untrue.  -No state has contracted with InsureNet for this service described by one Nevada legislator as “wacky“

As reported on June 16 of 2010 by the The McCarville Report Online;

Although InsureNet was among those companies that had submitted bids to the state, as of mid June ” a contract has not yet been awarded.”

From NewsOK Aug 2, 2010

[Jonathon]Miller said he is “mystified” by delays in awarding the contract and hasn’t heard anything from Oklahoma officials in a long time.

Read more: http://newsok.com/delay-in-contract-award-may-harm-oklahoma-revenues/article/3481349#ixzz1WwRlAof9

Feb. 24 2010, Nevada nixed InsureNet.

Senate Majority Leader Stephen Horsford said;

“The two problems with InsureNet are having cameras all over the state, so, a “Big Brother” type thing, that Nevadans will not like…and the fact that this company has no agreement with any other state.  Why should Nevada be a guinea pig on a risky scheme?”

Scarcely a week before the Pennsylvania committee meeting, in Nevada it was reported that InsureNet had no states implementing its system. The same article noted that InsureNet did verify medical insurance.

Big Brother gets Bipartisan Opposition

Pennsylvania Rep. Rick Geist, a Republican,  said that any such device should only be used  for safety, not financial reasons.

“The first thing you want to do is to protect people’s individual rights. The second order is safety,”

The chairman of the Pennsylvania state House Transportation Committee. Rep. Joseph Markosek, a Democrat,  expressed doubts.

“. . . the idea of using some of this technology strikes some trepidation in the public.  and asked “. . . how much Big Brother do we need in our society?”

Will Oklahoma’s Second District warm to the idea of Wayne Pettigrew and  his Big Brother budget fixes filling Dan Boren’s seat?

I gave my magic 8 ball a shake and here is what it said;

More about the Oklahoma “Spy Cam” deal

74 Police Department Data Systems Hacked

Kaye Beach

August 15, 201

There is NO secure database. 

Again and again, in the face of concerns over the security of the ever increasing personal information collected on each and every one of us, we are told not to worry, that the system is secure and highest regard is given to our legal and personal concerns.

Not only is it not possible for any database to be entirely secure, again and again we find that these agencies have not taken even standard and reasonable precautions to protect these data.

Such is the case with 74 police agencies that were recently hacked by a group of anti-authoritarian activists using unsophisticated means of intrusion that could have easily been guarded against.

Government and corporations are investing a lot of time, money and energy gathering, storing and sharing volumes of personal data on us.  They are investing much less in protecting our information.  And yet we are constantly asked, forced or coerced into giving up more and more.

As reported by Government Computer News;

AntiSec’s law enforcement hack exposes thousands to identity theft

An analysis of 10G of data reportedly stolen from scores of local U.S. law enforcement agencies found that hackers obtained and exposed names, addresses, Social Security numbers and more for thousands of individuals.

“It’s quite bad,” said Todd Feinman, chief executive officer of the security company Identity Finder, which analyzed the data posted by the AntiSec campaign.

The posting exposes nearly 2,000 individuals to the risk of identity theft and other unwelcome revelations, and is compounded by the fact that the impact could have been easily mitigated.

Nothing that the hackers did was sophisticated,” Feinman said. “There were insufficient security controls by any reasonable standard,” and the personally identifiable information should not have been kept or should have been redacted or otherwise protected.

. . .The files contained some sensitive information on police investigations and persons who were involved in the investigations. Identity Finder analyzed the files to locate personally identifiable information in them. The scan found:

• 1,923 unique Social Security numbers.
• Eight credit card account numbers.
• 4,661 unique passwords.
• 57 bank account numbers.
• 53 driver’s license numbers.
• 2,058 unique dates of birth.
• 17,105 unique phone numbers.
• 7,165 unique postal addresses.
• 1.5 million non-unique e-mail addresses.

Feinman said that all of the Social Security numbers were associated with names, addresses and dates of birth, which would make them valuable for use in identity theft.

Read More