Subject:
Title
RESOLUTION: A resolution declaring that it is in the public interest to have hurricane debris removed from public and private road right of ways in Brevard County, authorizing the Solid Waste Management Director to request that FEMA approve the removal of debris from these areas.
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Fiscal Impact:
$3,600,000.00 to $5,400,000 (preliminary estimate of costs, anticipated to be reimbursed)
Dept/Office:
Solid Waste Management Department
Requested Action:
Recommendation
It is requested that the Board of County Commissioners execute the attached Resolution declaring it in the public interest to remove debris from certain public and private right of ways in Brevard County, and authorize the Solid Waste Management Director to request the Federal Emergency Management Agency (FEMA) approve said removal, therefore, making it eligible for federal reimbursement for cleanup costs.
In addition, in order to be eligible for reimbursement for costs the County is required to indemnify and holding harmless the Federal Government from claims arising from debris removal, and certify that the County shall satisfy all legal process and receive all legal permissions to carry out these actions.
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Summary Explanation and Background:
FEMA provides reimbursement to local governments who conduct eligible debris removal operations following a major disaster or emergency declared by the President. For most declared incidents, a local applicant would be responsible for 12.5% of debris removal costs. The President of the United States of America has declared that FEMA will reimburse 100% of costs for the first 90 days of recovery.
As a general rule, FEMA will not provide reimbursement for the removal of debris from private property, including commercial property as well as private roads located within gated communities. However, if debris on private property is so widespread that it threatens public health and safety or the economic recovery of the community, then FEMA may provide reimbursement for this type of debris removal if certain conditions are met.
Specifically, in order to receive reimbursement for debris removal on private property, a local government must submit a written request to FEMA and must receive approval from FEMA. Any removal conducted prior to receiving approval from FEMA may be ineligible for reimbursement. The County must submit the request through the State Coordinating Officer to the Federal Coordinating Officer (FEMA) and in order for the State to recommend approval of the request the request must meet a number of specific requirements and include the required documentation including (1) a local public interest determination as presented in the subject resolution; (2) documentation supporting the County’s legal authority to remove debris from private road right of ways through an ordinance, (3) indemnification of federal government and its employees against any claims arising from the removal of debris, (4) assurance that there will be not duplication of benefits, and (5) identification of the specific properties or areas of properties for which the County is requesting approval. The attached Resolution addresses issue of the declaration of public interest and indemnification, the Emergency Ordinance and the required letter requesting FEMA reimbursement will address all the other eligibility conditions.
Clerk to the Board Instructions:
Please sign and attest three (3) copies of the attached Resolution and return two (2) originals to the Solid Waste Management Department.