Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 045-02226-00; St. Stanislaus College Preparatory School
PW ID# 10113; Gym Floor Replacement
Citation: FEMA-1604-DR-MS, St. Stanislaus College Preparatory School,
Gym Floor Replacement, PW 10113
Reference: Work Eligibility
Summary: High winds and storm surge from Hurricane Katrina caused extensive damage to the St. Stanislaus College Preparatory School (Applicant’s) campus. Among the damaged buildings were the kitchen, cafeteria, and fitness center. In June 2006, the Applicant used Title IV Hurricane Education Recovery Act (RESTART) funds to replace the fitness center’s gymnasium floor. FEMA prepared category B PW 8927 for temporary facilities to serve as the kitchen and cafeteria until permanent restoration of those facilities was completed. As an alternative to leasing or renting space for a cafeteria, the Applicant utilized the gymnasium as a temporary cafeteria.
In September 2006, FEMA prepared PW 10113 to fund permanent repairs to the Applicant’s fitness center and replace the damaged gymnasium floor, but in November 2008 deducted $64,988 as a duplicated benefit, because the Department of Education had already funded repair of the floor. In October 2010, FEMA closed-out PW 8927 for a total of $966,844.85 for temporary kitchen facilities from August 2006 to September 2009, but no costs for a cafeteria were included. During this time, folding tables, street shoes, and high foot traffic in the temporary cafeteria damaged the gymnasium floor to an extent that it could not serve its pre-disaster function once the new dining hall opened.
In its first appeal, the Applicant requested that FEMA replace the gym floor. The Regional Administrator denied the appeal because the damage to the floor was not the direct result of the disaster. In its second appeal, the Applicant asserts that the floor was damaged from use as a temporary cafeteria which was the direct result of Hurricane Katrina. The Applicant states that using the gym was a cost effective alternative to leasing or building a temporary cafeteria. Comparing the cost of trailer and equipment rental for just the kitchen ($966,844.85) to the cost to repair the gym floor ($64,988) demonstrates that utilizing the gym as a temporary cafeteria was a reasonable and cost-effective measure.
Issue: Are the costs to restore the pre-disaster function of the gymnasium floor, which was damaged through use as a temporary cafeteria, eligible for Public Assistance?
Finding: Yes. Pursuant to Stafford Act Section 403 (a)(3)(D), schools are eligible for temporary facilities.
Rationale: Stafford Act Section 403 (a)(3)(d) Essential Assistance.