What If? part 2

   Our local newspaper the Gloucester-Mathews Gazette-Journal published a fine article in the May 9, 2012 edition about the contractor who failed miserably in his efforts to lift the home owned by Wade and Susan Brooks located at 1102 Garden Creek Road, Mathews, Virginia. The contractor, Kenneth Hinkle of Tomahawk, Kentucky was found guilty of violating several state regulations, and was ordered to pay fines and attend a re-education program within 90 days should he want to continue working as a contractor in the state of Virginia. Unfortunately, this does not improve the current living conditions for the Brooks family. So, where does a person look next in the search for justice?

    I suggest a letter from Frank Ferreira to Joe Schumacher dated May 2, 2011 points in an interesting direction. First, who is Frank Ferreira? Mr. Frank Ferreira is external Affairs Specialist, Office of the Regional Administration, US Department of Homeland Security, Federal Emergency Management Agency, Region III, One Independence Mall, Sixth Floor, Philadelphia, PA, 19106-4404, 215-931-5716. 

    Mr. Frank Ferreira responds to Mr. Joe Schumacher, an assistant in Rep. R. Wittman’s office, to a letter received from Representative Wittman dated April 14, 2011. The subject line contained these words, “Congressional Inquiry CITS#1090-Brooks”. The response is most interesting as follows: 

    Mr. Brooks’ home received federal funds under the Hazard Mitigation Grant Program (HMGP) identified as project number DR-1655-003. The purpose of the grant was to elevate his home above the base flood elevation. According to our records, the grant closeout occurred on April 1, 2011 and his home was elevated in accordance with the federal grant requirements. 

    In accordance with the 2 CPR Part 225, Appendix A of the Office of Management and Budget (OMB) Circulars and Guidance, all cost items related to administering federal awards must be eligible, necessary, reasonable and allocable. Under FEMA mitigation grant programs, Mathews County, as the sub -grantee, is responsible for all aspects of project management at the local level; as a condition of this grant award, they agreed to follow all federal, state, and local regulations. The Virginia Department of Emergency Management (VDEM) is the grantee for our grants and is responsible for ensuring that the local government fully understands their responsibilities in the use of federal grant funds.

In accordance with 44 Code of Federal Regulations (CFR), Part 13, as the sub-recipient, Mathews County must follow federal procurement process without any input or involvement from the homeowner. In addition, sub-grantees must ensure that all properties elevated comply with the state and local building code.

   WOW!! Let’s read this again in part. “Under FEMA mitigation grand programs, Mathews County, as the sub-grantee, is responsible for all aspects of the project management at the local level; as condition of this grant award, they agreed to follow all federal, state, and local regulations.”  

   Now return to the original ‘What If’ article where I wrote the following: “Wayne Talley, of Bay Aging, a licensed contractor acting as an agent for the County of Mathews, approved the draw payments to the contractor whose bid to complete the project was the lowest.”

    If your head is spinning you are a normal person with an honest heart. It makes just ordinary common sense to me that Mr. Wayne Talley of Bay Aging as a ‘hire’ of Mathews County and a licensed contractor himself should have been on the job and alert to any problems with the quality of work that was occurring. This leads to the huge question, where, oh where was any due diligence done in this matter on the part of the man hired by Mathews County to oversee the contractor’s work taking place at 1102 Garden Creek Road, Mathews, Virginia?  Why was a ‘stop work order’ never written? Why is the home unlivable today? Why were ‘draw payments’ to Mr. Kenneth Hinkle approved by Mr. Wayne Talley of Bay Aging? Who is sitting on the ‘hot seat’ of the tragic injustice done to the family of Wade & Susan Brooks? 

   At the end of my first report I ask for the responsible parties to please stand up and receive punishment. Nothing happened. This time I will ask bigger questions. How long will the Brooks family be forced to endure the current conditions? Mr. Brooks’ mother Catherine who is 85 years old lives with her son and his wife. Perhaps Kathy Vesley-Massey President & CEO of Bay Aging could help. Ms. Massey wrote a wonderful letter to the editor of the Southside Sentinel May 10, edition expressing her concerns in several areas for seniors because May is historically the month we specifically celebrate Older Virginians.

Sharon Slaughter