HomeMy WebLinkAboutRES 072 Draft 01 1998-2000 0 O
COUNTY OF HAWAII '"STATE OF HAWAII
RESOLUTION NO. 72 99
RESOLUTION OF THE COUNCIL OF THE COUNTY OF HAWAII AUTHORIZING
THE MAYOR TO ENTER INTO A CONTRACT WITH THE KALAPANA GARDENS
COMMUNITY ASSOCIATION AND PURSUANT TO HRS 46 -7, ENTER INTO ANY
REQUIRED AGREEMENTS WITH THE UNITED STATES GOVERNMENT, THE
STATE OF HAWAII OR OTHER GOVERNMENTAL BODY OR AGENCY AND FOR
THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
WHEREAS, the ongoing lava flow from Puu O'o and Kupaianaha vents has
covered approximately 35,000 acres of land and caused millions of dollars in
damages to homes and vital infrastructure in lower Puna including areas of the
Kalapana Gardens subdivision; and
WHEREAS, such damages prompted the issuance of a Presidential Disaster
Declaration in 1990, which provided for retroactive claims to 1983; and
WHEREAS, said declaration allowed the Federal Emergency Management
Agency (FEMA) to implement the Federal Public Assistance Program which is a
75% federal and 25% applicant cost sharing program; and
WHEREAS, three Damage Survey Reports (DSRs) for the reconstruction of
improvements at Duff Park, the reconstruction of certain roadways through their
subdivision and for the replacement of the water lines through their subdivision were
submitted by the Kalapana Gardens Community Association (KGCA) and approved
by FEMA; and
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WHEREAS, the ongoing lava flow in the vicinity of Kamokuna and Waha'ula
poses a high risk to public safety and impedes the restoration of public and private
facilities in the area to include the reconstruction of the above - mentioned approved
projects; and
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WHEREAS, in January 1997, FEMA unilaterally closed the incident period for
the Kilauea Lava Flow Disaster; and
WHEREAS, after several meetings between the State Civil Defense
Division (SCD), Hawaii County Civil Defense Agency (HCCDA), and KGCA, a
request was made in April 1998 to FEMA to hold the three KGCA DSRs in
suspension until lava stops for six months and the area is declared stable; and
WHEREAS, in September 1998, FEMA responded "No" to the request to hold
the three KGCA DSRs in suspension; and
WHEREAS, after exploration of possible alternatives and after a January 22,
1999 meeting with KGCA, FEMA concluded in their letter of February 18, 1999
[Exhibit A] that the "only viable option is for the County to assume the DSRs and
propose an alternate project"; and
WHEREAS, at a February 26, 1999 meeting attended by representatives of
KGCA, FEMA, SCD, HCCDA and the County administration, the consensus was
that KGCA and the County should enter into a contract by which the County would
become the applicant for the three KGCA DSRs; and
WHEREAS, such a contract will require, among other things, the following:
1. That at the request of the KGCA [Exhibit B], the County of Hawaii enter
into a contract with KGCA whereby the County of Hawaii shall be the
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applicant to the three KGCA DSRs and that the County of Hawaii will
agree to fund $657,249 of KGCA improvements at a future date (Note:
FEMA share subject to confirmation);
2. That the County of Hawaii's project shall cost at least $973,702 of
which FEMA will provide $657,249 [Notes: a) Project cost and FEMA
share subject to confirmation, and b) Alternate projects are funded at
ninety percent [90 %] of the FEMA share];
3. That the County of Hawaii's project shall require NEPA review;
4. That upon agreement of a contract, FEMA will deobligate the three
DSRs under KGCA application and reobligate the three DSRs under
the County's application for alternate project(s) in accordance with
44 Code of Federal Regulations, Section 206.203 (d) (2); and
5. That FEMA will not be a party to the contract between the KGCA and
the County; and
6. That the contract shall be agreed to before May 1, 1999 unless such
deadline is extended by FEMA; and
WHEREAS, Section 10 -11 of the County Charter, County of Hawaii, requires
that any contract, lease or other obligation requiring payment of funds from the
appropriations of a later fiscal year be approved by resolution; and
WHEREAS, Section 46 -7, Hawaii Revised Statutes, authorizes the County of
Hawaii, with the consent of the Council, to enter into agreements with the federal
government, state government or other governmental body or agency,
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
COUNTY OF HAWAII, that in accordance with Section 10 -11 of the County Charter,
County of Hawaii, the Mayor of the County of Hawaii is authorized to negotiate and
execute a contract with KGCA whereby the County of Hawaii shall be the applicant
to the three KGCA DSRs and that the County of Hawaii agree to fund certain KGCA
improvements at a future date.
BE IT FUTHER RESOLVED, that the Mayor is authorized to execute any
required agreements with the United States government, the State of Hawaii or other
governmental body or agency in furtherance of this project.
BE IT FURTHER RESOLVED that copies of this resolution be transmitted to
the Honorable Stephen K. Yamashiro, Mayor of the County of Hawaii, Hawaii
County Civil Defense Agency, Kalapana Gardens Community Association, State
Civil Defense Division, and the Federal Emergency Management Agency.
Dated at Hilo, Hawaii, this day of , 1999.
INTRODUCED BY:
4e
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii ARAKAKI
CHUNG
I hereby certify that the foregoing RESOLUTION was by ELARIONOFF
the vote indicated to the right hereof adopted by the COUNCIL of the JACOBSON
County of Hawaii on
LEITHEAD -TODD
ATTEST: PISICCHIO
SMITH
TYLER
YAGONG
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER Reference: C - 23 9 / FC
RESOLUTION NO. 72 99
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age Agency
Federal Emergency Management A
_ g Y b b
Re +con DC ra fi • Area Office
; - f .. Building T -1:2 Slop 120
., Fort Shafter, Hawzcc 96353 -5000
February 18, 1999
Mr. Roy C. Price, Sr.
Vice Director of Civil Defense
Department of Defense
3949 Diamond Head Road
Honolulu, Hawaii 96816 -4495
Subject: County of Hawaii and Kalapana Gardens Community Association
FEMA - 864- DR -HI, Kilauea Lava Flow
Dear Mr. Price:
This letter is regarding the results of the 15 January 1999 meeting with County of Hawaii and
Kalapana Gardens Community Association (KGCA).
The improved project proposal by the county to move segments of Highway 137 to mitigate
against future damage by high surf has been approved for a one -year period from the date of
this letter. Additional extensions will depend on submission of an appropriate construction
schedule. Environmental reviews for the proposed project will commence immediately.
Regarding KGCA, it was agreed that the only viable option is for the county to assume the
USA's and propose an altemate project. This will allow the county to use the funds to
construct/repair another facility. The steps to implement the option are as follows:
1. FEMA will revise the estimated costs of DSRs 11374, 11376 and 91796 to reflect current
prices.
2. Please advise the subgrantee that from the date of your receipt of this ieder, the county and
KGCA will have two (2) months to enter into an agreement by which the county will
become the applicant for the DSRs. If agreement is not reached in two (2) months then
FEMA will de- obligate the DSRs.
EXHIBIT A
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Mr. Roy C. Price, Sr.
February 18, 1999
Page 2
3. If agreement is reached FEMA will de -obligate the DSR's under the association's
application and re -obligate them under the county's application. FEMA will not be a party
to the agreement; it will be strictly between the association and the county. The agreement
may or may not deal with the issue of funding KGCA facilities in the future. FEMA's only
requirement will be that KGCA agree to turn over its' eligible DSR's to the county.
FEMA will not switch applicants for the DSR's without the concurrence of both parties.
4. The county will request approval of the alternate project for the KGCA DSR's in
accordance with 44 CFR 206.203(d)(2). The county will have to submit specific projects
in compliance with the law and regulations; FEMA approval will be for 90% of the
federal share of the DSR's estimates, using the revised estimates.
5. FEMA will grant time extensions based on acceptable construction schedules.
If you have any questions or require additional information please contact me directly at (808)
851 -7900 or Mr. Gen Tamura, Disaster Closeout Coordinator at (808) 851 -7921.
Sincerely,
w
William L. Carwile, III
Director, Pacific Area Office
c: Richard Buck/WTCT
,Ed Teixeira/SCD
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Ogr apana fardens 0
COMMUNITY ASSOCIATION, INC.
c/o Don Jacobs, Pres
15 -2722 Popaa Street
Pahoa, HI 96778
March 4, 1999
The Honorable Stephen K. Yamashiro
Mayor, County of Hawaii
101 Aupuni
Hilo, HI 96720
Re: FEMA Disaster Service Reports (DSR's) 12503, 12505 and 12502
• plicant: Kalapana Gardens Community Association. Inc. (KGCA)
Dear Mayor Yamashiro:
Following a February 26, 1999, meeting held in Hawaii County CD offices, attended
by:
Bruce Campbell FEMA Closeout Team
Steve Hambalek FEMA Closeout Team
Glenn Taguchi Executive Assistant to the Mayor
Ed Teixeira State CD Disaster Assistance
Eddie Chung -Hoon State CD Recovery Branch
Harry Kim Hawaii County CD
Don Jacobs KGCA
The KGCA Board of Directors met on 3/3/99 in a special meeting to discuss the
recommendations made at the 2/26/99 meeting regarding the possibility of entering
an agreement with the County of Hawaii whereby the KGCA DSR's would be
assigned to the County of Hawaii for funding FEMA approved alternate project(s)
in exchange for funding by the County of Hawaii for restoration of Kalapana
Gardens. It was moved, seconded and the enclosed Resolution KG -99 -01 was
approved by a quorum.
FEMA set a May 1, 1999, deadline for reaching an agreement.
We respectfully request a meeting at the earliest possible date to begin working
towards an agreement.
Sincy ly rr ,
Q
Don Jacobs es.
Copy to Mr. Glenn Taguchi Enclosure
EXHIBIT B
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lapana 'anions
COMMUNITY ASSOCIATION, INC.
Resolution No. KG -99 -01
March 3, 1999
FUNDING FOR RESTORATION OF KALAPANA GARDENS
Whereas, Disaster Service Reports (DSR's) 11374, 11376 and 91796
(Supplement to DSR 11375) issued in 1991 identify three projects approved
for Federal funding by the Federal Emergency Management Agency (FEMA)
with 75% Federal and 25% KGCA cost sharing, and;
Whereas, for DSR 11374, titled "Park and Parkway Landscaping ", the
Damage Description and Scope of Work is as follows: Lava has destroyed a
12' x 24' office and storage building. Replace building. -- and;
Whereas, for DSR 11376, titled "Replace Water Lines ", the Damage
Description and Scope of Work for DSR 11376 is as follows: Lava covered
approximately 27,100 LF of 6 ", 4 ", 2" and 1" P.V.C. water lines and
appurtenances. Restore water lines and appurtenances to pre- disaster
condition. -- and;
Whereas, for DSR 91796 (Supp to DSR 11375), titled "Reconstruct
Roads (Partial Reinstatement) ", the Damage Description and Scope of Work
for DSR 91796 is as follows: Reinstate costs to reconstruct 4,500 ft of
A.C. pavement that has been determined eligible for FEMA funding.
NOTE: The portion determined eligible was Kalapana Avenue to Pililani to
Lokelani to Highway 130. -- and;
Whereas, on February 26, 1999, Mr. Bruce Campbell, FEMA
representative, presented supplements to the aforementioned DSR's with
new cost estimates, based on a February 23, 1999, site inspection with Don
Jacobs, as follows:
DSR 12503 (Supp to DSR 11374) $20,160
DSR 12506 (Supp to DSR 11376) 781,070
DSR 12502 (Supp to DSR 91796) 172.472
TOTAL $973,702
$973,702 replaces the 1991 cost estimate total of $708,869. -- and;
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Whereas, FEMA formed a Disaster Closeout Team to close out
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$Billions of outstanding open DSR's across the nation and in the Pacific
areas.
Whereas, a letter dated July 16, 1997, from State CD advised that
FEMA had, on January 31,1997, closed the incident period for the Kilauea
Lava Flow Disaster. As a result, organizations, both government and private,
that have applied for grants under the Public Assistance Program must
complete permanent work projects within 18 months. Following this surprise
notice, a long series of phone calls, letters, delays, email and FAX's, including
a request for an extension which was denied, led to a January 22, 1999,
meeting with Mr. Richard Buck of the FEMA Western Territorial Closeout
Team (and others) followed by a site inspection. Many options were
discussed, including the transfer of KGCA DSR's to the County of Hawaii with
the County to provide funding for the restoration of Kalapana Gardens in
exchange. This led to the February 23, 1999, visit by Mr. Bruce Campbell.
Whereas, on February 26, 1999, a meeting was held at Hawaii County
CD offices with the following in attendance:
Bruce Campbell FEMA Closeout Team
Steve Hambalek FEMA Closeout Team
Glenn Taguchi Executive Assistant to the Mayor
Ed Teixeira State CD Disaster Assistance
Eddie Chung -Noon State CD Recovery Branch
Harry Kim Hawaii County CD
Don Jacobs KGCA
KGCA was advised verbally and by a State CD letter dated February 24,
1999, and reference to a FEMA letter dated February 18, 1999, that all
options were eliminated except, QUOTE: The Kalapana Gardens Community
Association, Inc. (herein referred to as the association) and the County of
Hawaii will have to enter into an agreement by which the County will become
the applicant for the above DSR's. This agreement must be reached by April
19, 1999. If an agreement cannot be reached, FEMA will deobligate the
DSR's.
If an agreement is reached where the County of Hawaii will Fund the
restoration of Kalapana Gardens in accordance with the above DSR's, the
County will request approval of alternate project(s) for the association's
DSR's in accordance with 44 Code of Federal Regulations, Section 206.206
(d) (2). FEMA approval will be at 90% of the Federal share of the revised DSR
cost estimates.
It was verbally agreed that the deadline would be extended to May 1st, and;
Whereas, it is FEMA oli to limit p cy t the funding of alternate projects to
90% of the normal 75% Federal share of project costs. This means that the
Federal funds for KGCA DSR's will be reduced from $730,276 to $657,249.
THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of
the Kalapana Gardens Community Association, Inc. (KGCA) that Don Jacobs is
hereby authorized to enter negotiations with the County of Hawaii to reach
an agreement where the County of Hawaii will pay to KGCA the amount of
$657,249 (subject to revisions by FEMA) in exchange for the above described
DSR's from the proceeds of Federal funds provided to the County for FEMA
approved alternate project (s), and;
BE IT FURTHER RESOLVED that any such agreement shall be subject
to the approval of the KGCA Board of Directors by the May 1st deadline aa;
BE IT FURTHER RESOLVED that any delay caused by the County of
Hawaii causing failure to reach agreement by May 1, 1999, will be appealed if
the deadline is not previously extended by FEMA.
THI RESO TION STAND APPROVED: Date: March 3 , 1999
1
Don Jacob C i l ie r nna ac Vickie Kaawaloa
i �
Andrea Kaawaloa ,—
Pitch&' fl /at x / A 6 se,,
B,..., oic.pte
Brent Miller Kenneth ess
Drler
104 - 171 77 ll:lb UUN JhLUbb O :tju ybb IOC h'aOG
givens fardeas
COMMUNITY ASSOCIATION, INC.
c/o Don Jacobs, Pres
15 -2722 Popaa Street
Pahoa, HI 96778 April 1, 1999
Mr. Al Smith, Vice Chairman
Hawaii County Council
25 Aupuni, Hilo, HI 96720
Re: DRAFT: Resolution of the Council of the County of Hawaii
Authorizing he Mayor g y to enter into a contract with the Kalapana
Gardens Community Association
Dear Mr. Smith:
We are at risk of losing the $657,249.00, FEMA's 75% share of funds,
approved for restoration of the Kalapana Gardens 738 lot subdivision.
FEMA arbitrarily declared the lava incident closed. KGCA's petition for an
extension of time was denied.
KGCA's petition to place the funds in escrow until such time as the
Association deemed it safe to go ahead with restoration was denied for FEMA
policy reasons.
FEMA offered only one solution: KGCA and the County enter into an
agreement by May 1, 1999, to transfer the funds to the County of Hawaii to
be used in an alternate approved county project and have the County of
Hawaii provide funds for restoration at a later date.
Saving these funds will g u ds w help the Puna District and Hawaii County. We either
save them or lose them.
The sole purpose of this resolution is to permit the Mayor to negotiate and
enter into a contract with the Kalapana Gardens Community Association, Inc.
Please support this resolution.
Respectfully
0')-7 .i
Don Jacob , Pres FAX copy to Glenn Taguchi
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I
I a,
' ° •• • i . i •? ., William G. Davis
Stephen K. Yamashiro
\ ,1 • y. Managing Director
� ;;,
Mayor I=
Henry Cho
'•., ., ? �� Deputy Managing Dirccfar
Cnonn#vr of acuaii
c. 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720 -4252 • (808) 961 -8211 • Fax (808) 961 -6553
` KONA: 75 -5706 Kuakini Highway, Suite 103 • Kailua -Kona, Hawaii 96740 _
(808)329 -5226 • Fax (808) 326-5663
April 7, 1999
The Honorable James Y. Arakaki, Chairperson
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and Members of the Council of the County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairperson Arakaki:
Subject: Resolution of the Council of the County of
Hawaii Authorizing the Mayor to Enter into a
Contract with the Kalapana Gardens Community
Association and to Enter into any Required
Agreements with the United States Government,
the State of Hawaii or other Governmental Body
or Agency and for the Payment of Funds of a
Later Fiscal Year
Enclosed please find the above titled resolution. The
resolution will provide this office the authority to negotiate
and execute a contract with the Kalapana Gardens Community
Association (KGCA) whereby the County of Hawaii will become the
applicant to the Federal Emergency Management Agency (FEMA)
approved KGCA Damage Survey Reports and that the County of
Hawaii will agree to fund certain KGCA improvements at a later
date. This action is necessary since the on -going lava flow
poses a high risk to public safety and has halted attempts to
begin reconstruction of the infrastructure in that portion of
Lower Puna. The Federal Emergency Management Agency (FEMA) has
stated that the assumption of the DSRs by the County of Hawaii
and the construction of an alternate project is the only viable
option.
Should you or members of the Council have any questions on this
resolution, please feel free to call on Executive Assistant
Glenn Y. Taguchi at 961 -8503.
Sincerely,
A Comm, No, 2 39
' —HEN K. Y ` ' SHIRO File No. F (N/
Mayo i Ref• To: Fc
Re; 7,i - 9 7 Re f. Date Mc 8 1999