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Second Appeal Letter
PA ID# 041-64434-00; Town of San Anselmo
PW ID# Project Worksheet 3739; Police Station and Town Council Chambers
November 4, 2008
Governors Authorized Representative
Governors Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655
Re: Second AppealTown of San Anselmo, PA ID 041-64434-00Police Station and Town Council Chambers,
Project Worksheet (PW) 3739
Dear Mr. McCarton:
This is in response to a letter from your office dated October 5, 2007, which transmitted the referenced second appeal on behalf of the Town of San Anselmo (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) denial of funding for additional reimbursement for leasing a temporary facility beyond the 12-month anniversary of the disaster declaration. The amount in dispute is $99,422.
Heavy rains and flooding during the winter storms of December 17, 2005, through January 3, 2006, flooded the Town Council Chambers and the police station. The Applicant moved the police station to a rented facility at 400 Redhill Road. FEMA prepared a Category B project worksheet, and two versions totaling $317,881 to cover costs of alterations to the facility and rental costs for six months. In July of 2006, the Applicant requested an extension of the temporary facility to December 31, 2006. On December 27, 2006, the Response and Recovery Division Director denied that request because the Applicant did not provide justification for the delays in initiating repairs to the damaged facility. On January 12, 2007, the Applicant submitted its first appeal for the denial of a time extension to December 31, 2006, and subsequently requested an extension through December 31, 2007. The State recommended that FEMA approve an extension through February 2007, or 12 months from the declaration. On June 20, 2007, the Deputy Regional Administrator partially approved the Applicants request by granting an extension up to the February 3, 2007, 12 months from the declaration of the disaster. The Deputy Regional Administrator did not approve a longer extension because the Applicant did not begin repairs to the damaged facilities within 12 months of the disaster declaration as required by Response and Recovery Policy 9523.3, Provision of Temporary Relocation Facilities.
The Applicant submitted a second appeal on August 29, 2007, again requesting a time extension to December 31, 2007. The Applicant contends construction had started in the form of deconstructing damaged facilities, designing the new facility, obtaining required permits, and hiring a contractor to build the new facility. The State recommends a time extension to September 30, 2007 at a cost of $72,273 because the Applicant planned to vacate the facility on October 1, 2007.
Response and Recovery Policy 9523.3, Provision of Temporary Relocation Facilities,
states that FEMA will fund temporary facilities for up to six months after the disaster declaration and extend assistance for up to 12 months under certain conditions. The policy further states, Exception to the 12-month relocation policy may be granted by the Regional Director if construction has begun before the 12-month expiration date. The Applicant hired an architectural firm in May 2006 and the Town Council approved the project and authorized solicitation of bids on December 12, 2006. It solicited bids on February 12, 2007, and began construction in April 2007. Because the Applicant made significant progress towards initiating construction, I am granting a waiver to paragraph 7.C.5 of Policy 9523.3 and approve the time extension for the temporary facility through September 30, 2007. Accordingly, I am partially granting the appeal for $72,273. By copy of this letter, I request that the Regional Administrator take appropriate action to implement this determination.
Please inform the Applicant of my decision. This determination constitutes the final decision on this matter pursuant to 44 CFR §206.206.
Carlos J. Castillo
Disaster Assistance Directorate
cc: Nancy Ward
FEMA Region IX