Applicant Eligibility Determination

April 13, 2004

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

Re: Second Appeal – Radisson Community Association Inc., PA ID 067-UNP06-00, Applicant Eligibility Determination, FEMA-1467-DR-NY

Dear Mr. Agostino:

This is in response to your letter dated February 3, 2004, that transmitted the referenced second appeal on behalf of the Radisson Community Association, Inc. (Association). The Association is requesting reconsideration of the Federal Emergency Management Agency’s (FEMA’s) determination that it is an ineligible applicant.

A severe ice storm from April 3rd – April 5th, 2003, resulted in a major disaster declaration, FEMA-1467-DR-NY, on May 12, 2003. The Association submitted a Request for Public Assistance on July 2, 2003. On August 5, 2003, FEMA sent a letter to the New York State Emergency Management Office (State) informing it that the Association had been determined to be ineligible for assistance, as it did not meet the criteria listed in 44 CFR §206.221.

The Association submitted a first appeal on October 9, 2003, claiming that it acted as an agent for the Town of Lysander (Town) through an agreement to clear debris from eligible public roads within the community and should be eligible for reimbursement. The FEMA Region II Acting Regional Director denied the appeal on October 25, 2003, because facilities maintained by property owners’ associations, such as roads and recreational facilities, are not eligible for reimbursement. The Acting Regional Director also stated that the claim is ineligible because the roads within the community are not the Association’s responsibility.

The Association submitted its second appeal on January 15, 2004, requesting that it be reconsidered as an eligible applicant. The request is based on the fact that the Town is responsible for the maintenance of the roads within the community, and since the work would be an eligible expense to the Town, the Association should be determined to be an eligible applicant in order to directly submit the eligible costs for reimbursement.

In reviewing the second appeal, it appears that the agreement between the Association and the Town was not formalized at the time of the disaster. Such documentation of the contract arrangement has to be submitted within a reasonable amount of time before FEMA can accept a request for reimbursement from the Town. Also, the Town did not seek reimbursement for the work done by the Association in its project worksheet for debris removal. To be eligible for reimbursement from FEMA, the entity legally responsible for the roads has to be the applicant seeking reimbursement for the work. This is clearly not the case as the roads within the community are public roads owned and maintained by the Town. Therefore, the appeal is denied.

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

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

cc: Joseph Picciano
Acting Regional Director
FEMA, Region II