Time Limitations
Appeal Brief
Appeal Letter
Citation: FEMA-1491-DR-VA; James City County, Project Worksheet (PW) 2312
Cross-reference: Time Limitations; Debris Removal; Legal Responsibility
Summary: High winds associated with Hurricane Isabel resulted in widespread debris throughout James City County (County). Three Homeowner Association (HOA) communities-Fords Colony Community, Kingsmill Community Services Association and Governors Land Foundation-hired contract companies to remove debris from roadways within their respective areas. After being informed that the Federal Emergency Management Agency (FEMA) could not reimburse the three HOAs because they were ineligible applicants, the County submitted three separate projects to claim the HOAs debris removal projects as donated resources. FEMA prepared PW 2312 for $0 on May 3, 2004, to document the situation as not eligible. The County submitted its first appeal on July 16, 2004, claiming that it is an eligible applicant and, as such, is seeking credit for the donated resources to be applied to help offset the non-federal share of its eligible emergency work funding. The FEMA Region III Acting Regional Director denied the appeal because the County was not legally responsible for the debris removal within the three HOA communities and, therefore, cannot claim credit for donated resources associated with the work. The County submitted its second appeal on November 23, 2004, claiming that the work was in the public interest and eligible to be credited as donated resources. However, the Virginia Department of Emergency Management (VDEM) did not submit the appeal to FEMA until March 2, 2005, approximately 30 days past the required 60 day timeframe. VDEM did not make a recommendation on the Countys appeal, which did not have a dollar amount claimed.
Issues: Was the appeal submitted in a timely manner?
Findings: No. VDEM submitted the appeal well past the 60 day regulatory timeframe.
Rationale: 44 CFR §206.206(c)(2)
Appeal Brief
| Disaster | FEMA-1491-DR |
| Applicant | James City County |
| Appeal Type | Second |
| PA ID# | 095-99095-00 |
| PW ID# | 2312 |
| Date Signed | 2005-06-17T04:00:00 |
Appeal Letter
June 17, 2005
Michael M. Cline
State Coordinator
Virginia Department of Emergency Management
10501 Trade Court
Richmond, Virginia 23236-3713
Re: Second Appeal James City County, PA ID 095-99095-00, Time Limitations, FEMA-1491-DR-VA, Project Worksheet (PW) 2312
Dear Mr. Cline:
This is in response to your letter dated March 2, 2005, which transmitted the referenced second appeal on behalf of James City County (County). The County is appealing the Federal Emergency Management Agencys (FEMAs) determination that it cannot claim a credit for donated resources associated with the debris removal work of three Homeowner Association (HOA) communities.
High winds associated with Hurricane Isabel resulted in widespread debris throughout the County. Three HOA communities - Fords Colony Community, Kingsmill Community Services Association and Governors Land Foundation - hired contract companies to remove debris from roadways within their respective areas. After being informed that FEMA could not reimburse the three HOAs because they were ineligible applicants, the County submitted three separate projects to claim the HOAs debris removal projects as donated resources. FEMA prepared PW 2312 for $0 on May 3, 2004, to document the situation as not eligible.
The County submitted its first appeal on July 16, 2004, claiming that it is an eligible applicant and, as such, is seeking credit for the donated resources to be applied to help offset the non-federal share of its eligible emergency work funding. The FEMA Region III Acting Regional Director denied the appeal because the County was not legally responsible for the debris removal within the three HOA communities and, therefore, cannot claim credit for donated resources associated with the work.
The County submitted its second appeal on November 23, 2004, claiming that the work was in the publics interest and eligible to be credited as donated resources. However, the Virginia Department of Emergency Management (VDEM) did not submit the appeal to FEMA until March 2, 2005, approximately 30 days past the required 60 day timeframe as defined at 44 CFR §206.206(c)(2). Based on this reason, the appeal is denied.
Also, I have reviewed the merits of the appeal. The Acting Regional Directors determination in the first appeal was appropriate and in accordance with established statutes and regulations. The County was not legally responsible for maintaining the work performed by the three HOA communities. The roads within the Fords Colony and Kingsmill communities are private roads which are owned and maintained by the respective HOA communities. The fact that these private roads are deemed public highways for law enforcement purposes does not make the County legally responsible for them. The affidavit from the VDOT Engineer does not give legal responsibility to the County. The Virginia Department of Transportation (VDOT) is legally responsible for maintaining the roads within Governors Land Community. Also, the Findings of Public Purpose for Debris Clean Up Due to Hurricane Isabel from the Director of the Countys Emergency Management Agency does not establish legal responsibility for the County.
Please inform the County of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Sincerely,
/S/
Daniel A. Craig
Director
Recovery Division
Emergency Preparedness and Response
cc: Patricia Arcuri
Acting Regional Director
FEMA, Region III
Michael M. Cline
State Coordinator
Virginia Department of Emergency Management
10501 Trade Court
Richmond, Virginia 23236-3713
Re: Second Appeal James City County, PA ID 095-99095-00, Time Limitations, FEMA-1491-DR-VA, Project Worksheet (PW) 2312
Dear Mr. Cline:
This is in response to your letter dated March 2, 2005, which transmitted the referenced second appeal on behalf of James City County (County). The County is appealing the Federal Emergency Management Agencys (FEMAs) determination that it cannot claim a credit for donated resources associated with the debris removal work of three Homeowner Association (HOA) communities.
High winds associated with Hurricane Isabel resulted in widespread debris throughout the County. Three HOA communities - Fords Colony Community, Kingsmill Community Services Association and Governors Land Foundation - hired contract companies to remove debris from roadways within their respective areas. After being informed that FEMA could not reimburse the three HOAs because they were ineligible applicants, the County submitted three separate projects to claim the HOAs debris removal projects as donated resources. FEMA prepared PW 2312 for $0 on May 3, 2004, to document the situation as not eligible.
The County submitted its first appeal on July 16, 2004, claiming that it is an eligible applicant and, as such, is seeking credit for the donated resources to be applied to help offset the non-federal share of its eligible emergency work funding. The FEMA Region III Acting Regional Director denied the appeal because the County was not legally responsible for the debris removal within the three HOA communities and, therefore, cannot claim credit for donated resources associated with the work.
The County submitted its second appeal on November 23, 2004, claiming that the work was in the publics interest and eligible to be credited as donated resources. However, the Virginia Department of Emergency Management (VDEM) did not submit the appeal to FEMA until March 2, 2005, approximately 30 days past the required 60 day timeframe as defined at 44 CFR §206.206(c)(2). Based on this reason, the appeal is denied.
Also, I have reviewed the merits of the appeal. The Acting Regional Directors determination in the first appeal was appropriate and in accordance with established statutes and regulations. The County was not legally responsible for maintaining the work performed by the three HOA communities. The roads within the Fords Colony and Kingsmill communities are private roads which are owned and maintained by the respective HOA communities. The fact that these private roads are deemed public highways for law enforcement purposes does not make the County legally responsible for them. The affidavit from the VDOT Engineer does not give legal responsibility to the County. The Virginia Department of Transportation (VDOT) is legally responsible for maintaining the roads within Governors Land Community. Also, the Findings of Public Purpose for Debris Clean Up Due to Hurricane Isabel from the Director of the Countys Emergency Management Agency does not establish legal responsibility for the County.
Please inform the County of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Sincerely,
/S/
Daniel A. Craig
Director
Recovery Division
Emergency Preparedness and Response
cc: Patricia Arcuri
Acting Regional Director
FEMA, Region III
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