Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 019-80815-00; City of Westlake
PW ID# Project Worksheet 1601; Tree Limb Hanger Cuts
FEMA-1607-DR-LA, City of Westlake, PA ID 019-80815-00, City-wide,
Debris Removal, Tree Limb Hanger Cuts Summary:
On September 23, 2005, hurricane force winds severely damaged trees throughout the City of Westlake (Applicant). The Applicant claimed a total of 31,572 hanging limbs at $80/limb for a total cost of $2,525,760. FEMA identified 9,377 eligible hanging limbs at $50/limb for a total of $468,850, which was included in PW 1601.
The Applicant submitted its first appeal on August 16, 2006, maintaining that the $80/limb rate was reasonable, and that all 31,572 hanging limbs should be eligible for reimbursement. Based on prevailing conditions at the time the work was completed, the Regional Director determined that $80/limb met the prudent person standard (OMB Circular A-87) and a version of PW 1601 was prepared for $281,310. Based on an audit of load tickets from 10 percent of the city, and the Applicants inaccurate and incomplete records, the Regional Director denied the claim that an additional 22,195 limbs were eligible.
On May 8, 2007, the Applicant submitted a second appeal reiterating the position presented in its first appeal. The Applicant did not provide any additional information.Issues:
Did FEMA accurately determine the number of eligible tree hanger cuts?Findings:
44 CFR §206 Subpart HSecond AppealCity of Westlake, FEMA-1607-DR-LA