Marbletown Elementary School

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1296-DR
ApplicantRondout Valley Central School District
Appeal TypeSecond
PA ID#111-06202-00
PW ID#1617
Date Signed2004-01-20T05:00:00
Citation: FEMA-1296-DR-NY, Rondout Valley Central School District

Cross-reference: Time Limits

Summary: On September 19, 1999, Tropical Storm Floyd caused extensive water infiltration to Marbletown Elementary School, part of Rondout Valley Central School District in Ulster County, NY. On February 15, 2000, PW #1617 was prepared with estimated damages of $490,423. However, the PW was not obligated pending additional information concerning the Applicant’s insurance coverage, the question of pre-existing damages from previous water infiltration, and the Applicant’s request for State aid to repair the damaged facility. On May 11, 2000, representatives of the New York State Emergency Management Office (SEMO) advised the Applicant that additional information concerning the above issues would be required before the amount of eligible funding could be determined. On October 13, 2000, not having received the requested information, Region II deemed the project ineligible and obligated PW #1617 at zero dollars.

The Applicant filed its first appeal March 21, 2003. Region II denied the appeal because it was not filed within sixty days of the action being appealed, as required by 44 CFR §206.206(c).

In its second appeal letter, dated August 1, 2003, the Applicant argued that it was never informed that an appeal must be made within sixty days.

Issues: Was the Applicant’s first appeal filed within the sixty day time limit for filing appeals required in 44 CFR §206.206(c)?

Findings: No. The Applicant’s first appeal was filed on March 21, 2003, more than two years after notice of the action being appealed.

Rationale: Section 423(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C 5189a, and Title 44 Code of Federal Regulations §206.206(c) Time Limits.

Appeal Letter

January 20, 2004

Mr. John A. Agostino
Governor’s Authorized Representative
New York State Emergency Management Office
Public Security Building 22, Suite 101
Albany, New York 12226-5000

Re: Second Appeal, Rondout Valley Central School District,
PA ID No.111-06202-00, Marbletown Elementary School
Project Worksheet No.1617, FEMA-1296-DR-NY

Dear Mr. Agostino:

This is in response to your letter dated August 5, 2003, transmitting the referenced second appeal on behalf of the Rondout Valley Central School District (the Applicant). The Applicant is appealing the decision of Region II of the Federal Emergency Management Agency (FEMA) denying public assistance funding for damages caused by Tropical Storm Floyd, DR-1296, in September 1999.

Heavy rains and high winds from Tropical Storm Floyd caused extensive interior flooding to the Marbletown Elementary School, a one-story masonry structure within the Rondout Valley Central School District located in Ulster County, New York. Water infiltrated the building through multiple points of entry, including windows, doors, and roof drains that were unable to handle the volume of rain water. Interior damages included walls, ceilings, and floors, as well as computer equipment and supplies.

On February 15, 2000, PW #1617 was prepared in the amount of $490,423 in eligible costs.
However, the project was not approved at that time, pending additional information from the Applicant concerning the following matters:

(a) The amount of insurance proceeds due from the Applicant’s commercial insurer;
(b) Whether some of the damages caused by water infiltration were attributable to the storm that occurred prior to the disaster event; and
(c) Whether the Applicant would receive State aid to repair and restore the facility.
(d)
A subsequent inspection revealed the presence of mold and asbestos requiring a more extensive renovation of the facility. As a result, the school had to be closed, requiring the relocation of students and staff to other facilities for a period of eight months.

During 2000 the Applicant was able to use funds raised in a public bond issue to repair and improve Marbletown Elementary School, which allowed the school to reopen for classes in September 2000.

On May 15, 2000, the Applicant was notified that PW #1617 could not be approved until final determinations could be made on the issues concerning insurance recovery, pre-existing damages and State aid. A comment to that effect was added to the PW on May 18, 2000. After several additional attempts to obtain information on these issues from the Applicant, Region II deemed the project ineligible and obligated PW #1617 at zero dollars on October 13, 2000.

The Applicant filed its first appeal on March 21, 2003. Region II denied this appeal on May 19, 2003, citing numerous unresolved issues and the fact that the Applicant filed its first appeal more than two years after the project was deemed ineligible and, therefore, not within the 60 day time limit required in 44 CFR §206.206(c).

In its second appeal letter, dated August 1, 2003, the Applicant argued that it had never received “…an indication that the determination of ineligibility was final and that an appeal must be made within 60 days.” The State, as Grantee, is responsible under 44 CFR Parts 13, 14, and 206 to ensure that subgrantees are aware of requirements imposed upon them by Federal statute and regulation. Due to the fact that the Applicant did not file its first appeal within 60 days of receipt of notice of the adverse action, pursuant to 44 CFR §206.206(c), I am denying this appeal.

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

Sincerely,
/S/
Daniel A. Craig
Director
Recovery Division
Emergency Preparedness and Response

cc: Joe Picciano
Acting Regional Director
Region II
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