Weekly comments from Dale Martin – “FEMA is about to screw the City”

Dale Martin
City Manager
Fernandina Beach
March 6, 2020

City Manager Dale Martin

Over the course of the last three months, I have routinely queried Federal Emergency Management Agency (FEMA) officials as to the status of the resolution of funding related to damages at the City Marina due to Hurricane Matthew. The response each time has been along the lines of “We’re working on it and we’ll have something to you next week.” Nothing has been produced so far.

The most recent message from FEMA, again in response to “Hey, yet another week has passed and you’ve given me nothing” message (for reference, recognize that it has been almost 1,300 days since the hurricane), produced the following response:

“Good Morning Dale and FDEM [Florida Department of Emergency Management]. Are you and the State available to have a conference call on Friday, March 6, 2020 around 11:30 am EST to discuss these two projects? In review of both projects PW 831 and PW 1085 there will be a reduction in costs based on what has been identified as eligible disaster related damages as well as cost adjustments based on a review of reasonable costs to perform the work.

“FEMA is currently routing a determination memo for concurrence and signature that will provide you detail on why the adjustments are being made based on all the documentation that has been reviewed which will provide you a right to appeal the determination. The areas that are specifically addressed in the determination memo are Mobilization, Demobilization of all storm related damage at attenuator and fuel dock, Repair Wave Attenuator, Repair of Fuel Station Dock, Repair of Fixed Dock, Replacement of the check-in-station/fuel dock station, Proposed new Gangway Ramp at alternate location, Electrical, Plumbing, Freight, [and] Fuel.

“Please advise if you are available to discuss as requested so that we can address any additional questions you may have before we issue the official determination memo.”

Basically, FEMA is about to screw the City.

Hurricane Matthew struck the City in October, 2016. One year later, FEMA staff presented to the City a Form 90-91. The Form 90-91 detailed the estimated costs to repair and/or replace the damaged Marina facilities. The estimated cost presented on the Form 90-91 was approximately $6.5 million. Since the estimate to repair the damage exceeded fifty percent of the value of the facilities, the facilities were eligible to be replaced. Both FEMA and City officials signed the document (which also indicated eligibility for seventy-five percent reimbursement).

Fast (well, not really) forward another year to October, 2018, and FEMA officials, partly in response to the United States Army Corps of Engineers decision to require two permits (one for the southern portion of the dock and one for the northern portion), require a new Form 90-91 for the southern portion. The damaged docks still remain in place, which provide visible evidence of the damage sustained. The revised Form 90-91 estimates the cost of solely the southern dock (PW 831; the northern dock, PW 1085) at approximately $6.3 million. Again, FEMA and City officials sign the document.

Based upon the two Form 90-91, the City commenced work to replace the damaged facilities. After the docks had been removed, FEMA officials suddenly decide that a third Form 90-91 is necessary because “it will reflect what FEMA regional officials will be more likely to approve.” In the proposed teleconference, FEMA officials will present to (or foist upon) the City the third Form 90-91. After FEMA officials requested separation of the two projects, FEMA officials now indicate that it will be considered as one project.

Due to a prior commitment related to Concours events, I have indicated to FEMA officials that I am not available at the requested time, but I am available throughout next week. I have requested a copy of the FEMA documents at least two days prior to the teleconference so that I have an adequate time to review the documents before the discussion. So far, FEMA officials have not responded to my request for an opportunity to review the documents.

Upon receipt of the FEMA correspondence, I immediately contacted Congressman John Rutherford who has been a critical ally in this battle with FEMA. His staff, especially Ms. Momi Malspeis, have been immediately responsive and fully supportive. Our efforts to engage U.S. Senators Rubio and Scott have been hampered due to more pressing recent matters in the U.S. Senate, but City officials have been communicating with their respective staffs.

The financial implications of the FEMA (and State) reimbursements is overwhelming. The City secured two lines of credit to fund the Marina repairs, bringing the Marina-related debt to approximately $15 million. Based upon the first two Form 90-91, the anticipated reimbursement would be approximately $7-8 million. If FEMA officials significantly reduced the anticipated reimbursement, the long-term financial picture for the Marina is going to be a challenge.

I am already familiarizing myself with the FEMA appeals process.

3 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments

Jerie Lukefahr
Jerie Lukefahr (@guest_56732)
4 years ago

Not happy! Thanks for being vigilant on this, Dale.

Bob Sturgess
Bob Sturgess (@guest_56735)
4 years ago

I believe Dale Martin, our attorney Tammi Bach and our city commissioners are as hard working as any group in Florida government. I think the least we citizens can do is help them if possible. So, Dale, is there a list of politicians (in addition to Rubio and Scott) and officials we can send messages to so that FEMA is more motivated to help us? If so, what exactly should be our message / complaint/ request? (And – would it be helpful?).

Betsie Huben
Betsie Huben(@betsie-huben)
4 years ago

One of the lessons I learned from Hurricane Katrina is that FEMA funds will always be in short supply by design. In more recent years, perhaps because of climate change, demand for federal disaster assistance has increased (Sandy, Harvey, wildfires, and most recently the devastating tornado in TN). After these negotiations with FEMA are done, we need to take a long, hard and serious look at our city, it’s budgeting practices (particularly the enterprise funds) and how we are preparing for the next 25 to 50 years when the number of problems will surely continue to increase and the federal dollars will have to go even farther from programs like FEMA.