Turner Boat Pavilion

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1033-DR
ApplicantCity of Albany
Appeal TypeSecond
PA ID#095-01052
PW ID#82380, 79083, 79084, 79226, 79227, 79240, AND 79239
Date Signed2003-09-10T04:00:00
Citation: FEMA-1033-DR-GA; City of Albany; DSRs 82380, 79083, 79084, 79226, 79227, 79240 and 79239

Cross-reference: Time Extension

Summary: The Turner Boat Pavilion in the City of Albany, GA was damaged during flooding in 1994 as a result of Tropical Storm Alberto. The project was approved on seven separate Damage Survey Reports from October 26, 1994 through July 28, 1995, in the amount of $106,510. The Federal Share for that amount (90 percent) is $95,859. Based on all available information submitted by the Subgrantee, six years passed from the time of the declaration and solicitation of architectural and engineering for the project. It took an additional two years, for a total of eight years, before the Subgrantee had completed bid documents.

The Subgrantee requested a time extension for completion of repairs to the facilities and was denied by FEMA in a letter dated October 9, 2002. The denial was based on a site visit in September 2002, which showed zero percent of the work completed on these sites after a period of eight years from initial approval.

The first appeal was denied by FEMA on March 7, 2003. The Subgrantee provided no extenuating circumstances or unusual project requirements beyond its control to explain the delay in initiating any action on this project.

Issues: 1) Should a time extension be granted to the City of Albany for the completion of repairs to the Turner Boat Pavilion?

Findings: 1) No. As indicated in the decision of the first appeal, the City of Albany has not provided any extenuating circumstances or unusual project requirements beyond its control to explain the delay in initiating any action on this project.

Rationale: 44 CFR § 206.204

Appeal Letter

September 10, 2003

Mr. Mike Sherberger, Director
Georgia Emergency Management Agency
Post Office Box 18055
Atlanta, GA 30316-0055

Re: Second Appeal – City of Albany,
PA-ID # 095-01052, Turner Boat Pavilion, FEMA-1033-DR-GA, DSRs 82380, 79083, 79084, 79226, 79227, 79240, and 79239

Dear Mr. Sherberger:

This is in response to your letter dated June 10, 2003, transmitting the above referenced second appeal submitted by the City of Albany to the Federal Emergency Management Agency (FEMA). The City of Albany is requesting that FEMA grant a time extension for the completion of repairs to facilities at the Turner Boat Pavilion for damages sustained during flooding as a result of Tropical Storm Alberto in July 1994. The project was approved on seven separate Damage Survey Reports from October 26, 1994, through July 28, 1995, in the amount of $106,510. The Federal Share for that amount (90 percent) is $95,859.

The Subgrantee requested a time extension for completion of repairs to the facilities and was denied by FEMA in a letter dated October 9, 2002. The first appeal was denied by FEMA on
March 7, 2003.

The City of Albany has provided no extenuating circumstances or unusual project requirements beyond its control to explain the delay in initiating any action on this project. Further, as stated in FEMA’s denial of the first appeal, a FEMA site visit in September 2002 showed zero percent work completed on these sites after a period of eight years from initial approval. Therefore, the City of Albany’s second appeal is denied.

Please inform the applicant of this determination. My decision constitutes the final decision on this matter as set forth in 44 CFR §206.206.

Sincerely,
/S/
Laurence W. Zensinger
Acting Director, Recovery Division
Emergency Preparedness and Response Directorate
Department of Homeland Security

cc: Kenneth O. Burris, Jr.Regional Director
Region IV
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