Back in August, the United States Civilian Board of Contract Appeals ruled in favor of the City of Hattiesburg – and against the Federal Management Agency – for funding on the rebuild of Fire Station No. 2, which was heavily damaged in the January 2017 tornado that tore through the eastern and southern parts of the city.
City officials are now hoping for the same results for the Timberton Softball Complex, as a request for arbitration was filed on Oct. 16 regarding the complex. The request comes after receiving notice in August that an appeal sent to FEMA over insufficient funding obligations for Timberton, which has sat in the same state for four years since being dismantled by that tornado, was denied.
“Dealing with an effort to try to get both of these facilities back so that they can serve our community has been an incredibly frustrating experience,” Mayor Toby Barker said. “Particularly in the case of Timberton Park, there was money that was not only approved by FEMA, but authorized and made available by Congress.
“Then FEMA came back and de-obligated it. It just goes to show what a long and complicated process disaster recovery can be.”
About three months after the softball complex was destroyed by the tornado, the FEMA Cost Estimation Format calculated damages totaling $565,572 to the park, based on a site visit by city and FEMA staff. That calculation was not based on an engineer’s report, as required by FEMA for large-category projects.
In June 2020, city officials appealed that original damage estimate to FEMA, presenting an engineer estimate of approximately $2.455 million. Four months later, the large press box at Timberton, which sustained minor damage during the tornado, was destroyed by fire, for which the City of Hattiesburg was paid $147,287.
In early April 2019, FEMA issued a revised Cost Estimating Format of an additional $1.888 million, for a total of $2.456 million obligated for repairs at the complex. In August 2020, Congressman Steven Palazzo announced the obligation of $14 million for Timberton.
In September 2019, city officials received an obligation letter of $2.456 million for the complex. However, it was determined that approximately $957,683.00 was omitted from cost revisions related to project management and construction trade requirements such as permits, safety & security, bonds, insurance and architect/engineering costs.
The omissions related to the most recent obligation were submitted to FEMA for correction that same month.
In February 2020, city officials received a letter from FEMA stating that $1.717 million of the $2.456 that was obligated for repair of the part was de-obligated after FEMA reinspection. Two months later, the city filed an appeal to that obligation letter.
In December 2020 and January 2021, the city received word that the appeal process was still under review; the city was informed in August 2021 that FEMA had denied the city’s appeal.
The date of arbitration is assigned within six to eight weeks of filing. This process is conducted by the Civilian Board of Contract Appeals and it includes presenting before a 3-judge panel.
“I’m glad to finally be able to move toward arbitration,” Barker said. “That was a reasonably efficient process when we went through it with Fire Station No. 2, and I hope that we get the same result with Timberton Park.
“I think the overwhelming evidence shows that we are due sufficient funds to rebuild that park for that neighborhood.”
During the hearing, the city and FEMA will each be allowed to present their side of the issue. The board is expected to take a few months to deliberate and consider all the evidence.
“Then they’ll come out with a ruling, whether it’s for FEMA’s position, the city’s position or somewhere in between,” Barker said. “Luckily, in the case of Fire Station No. 2, they ruled in favor of the city, and I hope and believe that we can get the same thing for Timberton Park.”
After the arbitration regarding the fire station, FEMA was ordered to amend its project worksheet to rebuild the station as a 5,900-square-foot facility that meets current-day requirements for Fire Station Construction Codes and Standards. The station, which was located on Arledge Street, is expected to be built a couple of blocks down the road at the former Big Yank location.
