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Second Appeal Brief
PA ID# 045-99045-00; Hancock County Board of Supervisors
PW ID# 10437, 10691 & 10934; Time Extension
Citation: FEMA-1604-DR-MS, Hancock County Board of Supervisors, PWs 10437, 10691 & 10934
Reference: Temporary Facilities, Time Extension
Summary: As a result of Hurricane Katrina, the Hancock County Board of Supervisors (Applicant) suffered damage to the Hancock County Sheriff’s Office which also housed the county jail and justice court. FEMA prepared three PWs to document the eligible costs of: Justice Court temporary relocation rental fees (PW 10437), Sheriff’s Office rental costs (PW 10691), and temporary prisoner relocation costs (PW 10934). Thus far, FEMA has approved five extensions for continued funding of temporary relocation facilities. On December 18, 2009, the Applicant submitted its first appeal requesting a time extension until August 2012, the anticipated date of completion of the new Hancock County Public Safety Complex, which will replace the Sheriff’s Office and Jail that existed at the time of the disaster. The Regional Administrator denied the appeal citing noncompliance with the requirement to have begun repair or construction on the permanent facility within the time lines established by FEMA. In its second appeal, dated July 26, 2010, the Applicant reiterates its arguments from the first appeal requesting that FEMA reconsider the time extension request.
Issues: 1. Did the Applicant begin repair of the eligible damages within the specified time limits?
2. Did the Applicant demonstrate extenuating circumstances to warrant a time extension?
Findings: 1. No.
2. No. Funding for temporary facilities is limited to the period from the start date of construction through the completion date of construction.
Rationale: 44 CFR §206.204(c), Time limitations for completion of work; 44 CFR §206.204(d)(2), Requests for time extensions; Response and Recovery Policy 9523.3 Provisions of Temporary Relocation, dated June 1998