Item D12M
C ounty of f Monroe
ELj » °o
E �
BOARD OF COUNTY COMMISSIONERS
/��
Mayor David Rice, District 4
Th e Florida Keys
Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
February 21, 2018
Agenda Item Number: D.12
Agenda Item Summary #3874
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500
n/a
AGENDA ITEM WORDING: Discussion and direction on the potential donation of used travel
trailers (utilized by displaced households after Hurricane Irma) from FEMA to the State and the
State would provide them to the County.
ITEM BACKGROUND:
The State has contacted staff to see if there was an interest in receiving used travel trailers for
continued temporary housing, once households move out of them.
Excerpt from the State's communication: "For those travel trailers that have been deployed to your
counties as temporary housing units, the question has been asked IF the State was able to secure
those units as donations could the counties be able to use those units. Please consider this email a
request for information concerning whether or not your county would be interested in having travel
trailers donated to you and what would plan would your county have in regards to pulling people
out of the travel trailer and moving those survivors into longer term solutions"
While the donation of used travel trailers may provide an option for additional temporary housing
opportunities, there may issues with the County accepting the travel trailers:
• Additional staffing to manage the donation, movement, installation and tracking of trailers
• Equipment to tie down and equipment to install the trailers
• Liability of the trailers and for occupants utilizing the trailers
• Insurance costs, if required
• Requirements for any maintenance and repairs to the trailers
• Costs of maintenance and repairs to the trailers
• Equipment and vehicles to move the trailers, particularly if a there is a storm event
• Process to distribute /allow the use of the trailers
• Risks of continuing to occupy trailers with the next hurricane season or another high -
wind /flood event
• Creation of additional debris or damage to other structures caused by the trailers during the
next hurricane season or another high- wind /flood event
See the attached draft policy letter from FEMA to the State regarding the donation of a travel
trailers. If the County accepts the units, we would need to submit an ACTION PLAN to address
how the units would be evacuated in an approaching storm.
Recommended Mitigation Measures
1. Donating occupied units. upon motive out, will ensure applicants motive out of the travel
trailers within FEMA's established 6 -month occupancy time frame or prior to June 1 2018.
2. For travel trailer occupants who have a need for temporary housing beyond 6 mouths. EHP
recommends maintainiii2 Direct Lease options for them and transitioning them ilito such a
unit iii lieu of maintaining the travel trailer iii the floodplaiii. This would be a further
minimization measure consistent with 44 C.F.R. § 9.13.
3. The recipient entity must ensure each travel trailer "7111 be located on a site that complies ith
local codes. ordinances. and 44 C.F.R. Part 9.
4. The recipient entity_ is required to obtain and maintain liazard and flood insurance on the
donated units.
5. The recipient entity must ensure the donated units ill the floodplaiii are affixed to a
perinatient foundation, anchored and tied down.
Prouosed Travel Trailer Donations Process
Taking into accourit the aforementioned considerations and mitigation measxues, the Direct Housing
Task Force has worked closely with the State to develop the proposed process for implementation of
travel trailer donations for DR- 4337 -FL as outlined below.
1. The State subtmts a fequest to FEMA which Identifies existing immet tetuparafy h ousing
needs and the number of travel trailers required to support eligible survivors.
2. FEMA and the State execute a Do ,criior.•s of 2 em H odisdrff Units A-- �-eemer^t which will
include_ bnt will not be limited to_ the fallowing terms:
a. the State identifies tunacceptable condition of habitability and FEMA identifies
maximum amaimt for the repair costs_
b. The State a to asstuue responsibility for deactivation, movement_ clean and
make ready and staging of donated xuuts.
c. The State a to obtain and maintain hazard insurance on the donated units.
d. The State agrees to comply with local codes. ordinances and 44 C.F.R. Part 9
flaadplain rxi tri igement requirements.
e. the State agrees to temporarily house disaster survivors for up to 6 months.
3. FEMA conducts a habitability assessment_ and subnuts a w. ork order for repairs prior to
donation (as required).
4. FEMA te the FEMA occupant s Revocable License and coordinates the occupant's
move -out with the occupant and the State County.
,. FEMA transfers Title (VLSI and Bar Code) to State County representative.
6. The State assiuues responsibility for deactivating_ relocating and delivering the units to the
Comilh- or a voluntary organization for the purpose of providing temporary housing to
avulican is wha still have an unmet housing need_
The BOCC discussed this item at the January 17 BOCC meeting and asked staff to see if the June
I restriction and insurance requirement could be eliminated.
Tn date-
Division of Emergency Management (DEM) indicated that if a mechanism was put in place between
the State and the County that transferred the risk /liability to the County, than it was possible to
donate travel trailers. Based on the current communications between FEMA and DEM, it would
seem as though, if the State chose to accept the donation of travel trailers and then provide them to
the County, then there would be additional criteria, not listed in the initial FEMA Draft policy letter
that would be passed on to the County. There is no indication on the insurance requirements being
eliminated.
County would assume all the risk and costs, including rent due to the commercial parks for an
extension of time at the various trailer/RV parks. Assuming this is a possibility, the county would be
responsible for all the trailers (199), within the unincorporated county and in the cities, unless the
County did a sub - agreement with the cities to pass along the requirements to the cities. Further, the
trailers are required to be removed by 6/1/18 (the beginning of Hurricane Season).
The table below demonstrates the known travel trailer units. Staff has requested data from the State
and FEMA to indicate the number of travel trailer occupants with a transition plan (a requirement by
FEMA for occupants to assure they are securing longer term housing) and also requested the
addresses of the private site travel trailers so the County can do a comparison of those addresses with
County permitting records to determine the number of private site travel trailer occupants working
on their primary residences for future occupancy.
Location
Current
Households
Commercial Park
Park Name
Key Largo
Capt Jax
6 >'
Key Largo
Coral Sands
5 >'
Big Pine
Howard's Haven
16 >'
Key West
Island Life
11
Marathon
Key By The Sea
38
Key Largo
King's Kamp
17
Collier County
Mcgregor
1
Private Sites
Big Pine
33
Cudjoe
1;'
Key Colony
I 1
Key Largo
4 >'
Key West
1
Layton
1
Little Torch
4
Marathon
50
Ramrod
3
Surnmerland
6 >'
Tavernier
1
Total
199
Again, the County would also need to have an Action Plan for addressing moving the units out
during a potential storm event and the actions and resources in place to address that risk and a plan
for evacuating the travel trailers.
PREVIOUS RELEVANT BOCC ACTION:
1/17/18 — BOCC discussion
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Staff does not recommend accepting used travel trailers due to
the potential risks, maintenance and liability issues.
DOCUMENTATION:
FEMA FL Travel Trailer Donations Request and Recommendation
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Mayte Santamaria
Completed
Assistant County Administrator Christine Hurley
02/06/2018 10:25 AM
Steve Williams
Completed
Jaclyn Carnago
Completed
Budget and Finance
Completed
Maria Slavik
Completed
Bob Shillinger
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
02/06/2018 9:59 AM
Completed
02/06/2018 1:15 PM
02/06/2018 1:27 PM
02/06/2018 1:32 PM
02/06/2018 1:34 PM
02/07/2018 12:19 PM
02/07/2018 12:21 PM
02/21/2018 9:00 AM
U.S. Department of Homeland Sec D.12.a
Washington, DC 20472
y
c FEMA
�� �V fi 504
MEMORANDUM FOR
T1
F1
Si
T1
trz
R(
C.
trz
ag
to
B , ,
T1
se
Ul
su
en
wi
pr
un
"
lvel
of the
lted at 44
lg,
rnmental
assistance
ie State
;ted areas.
ester
riving
counties
will
very of
U-
LU
U-
E
L)
On September 21, 2017, Direct Temporary Housing Assistance was authorized for Monroe County;
and three additional Counties, Collier, Hendry and Lee, were authorized on October 2, 2017.
Recreational vehicles (RVs) were approved for use on the condition that the 7FO prioritize them for
eligible applicants projected to have a temporary housing need of six months or less. Disaster
Alex Amparo
Assistant Administrator
Recnvery Directnrate
www.fema.gov
D.12.a
survivors are temporarily occupying travel trailers in all four authorized counties. The short -term
time -frame for travel trailer use authorized for FEMA's direct housing mission makes donating these
units a critical element of FEMA's end of program exit strategy and the State's plan to provide
continued temporary housing to disaster survivors requiring additional time to achieve a permanent
housing solution.
The Direct Housing Amendment to the FEMA -State Agreement (FSA) includes terms for requesting
manufactured housing unit (MHU) sales to occupants and donations. The Individuals and
Households Program Unified Guidance (H-IPUG) provides guidance for
sales and donations and requires implementation of sales to occupants p
donations. However, guidance for requesting and implementing travel t
provided in either the Direct Housing FSA Amendment or RIPUG and t
occupants have not been authorized for this disaster. When taking into
posing of MHUs through
to any consideration of
er donations is not
el trailer sales to
of the units and FEMA's current policy of providing travel trailers primarily fo
month term, it remains unclear whether the Agency will establish a policy for t
occupants. Furthermore, standard operating procedures for travel trailer donati
developed.
Legal Considerations
the temporary nature
occupancy for a 6-
avel trailer sales to
>ns have not been
Pursuant to Section 408(d)(2) of the Stafford Act and implementing regulations at 44 C.F.R. §
206.118(a)(2), FEMA is authorized to dispose of housing units acquired to temporarily house
eligible disaster survivors by: 1) selling the units to occupants who lack permanent housing; and 2)
donating the units to a State or other governmental entity, or voluntary organization for the sole
purpose of providing temporary housing to disaster victims in major disasters and emergencies.
FEMA may also sell the units to other individuals or through General Services Administration
(GSA) surplus sales.
When FEMA sells a temporary housing unit to an applicant who occupies the unit, the intent is to
provide a permanent housing solution. In contrast, donated units are for the sole purpose of
providing temporary housing to disaster survivors. Given their temporary nature and the health and
safety concerns associated with long -term occupancy, travel trailer sales to occupants have not been
authorized for this disaster. However, the Agency could authorize donations under Stafford Act
Section 408(d)(2)(B)(ii) and 44 C.F.R. § 206.118(a)(2)(i), if appropriate implementation
requirements are established.
Absent FEMA policy and standard operating procedures for the use and disposal of travel trailers,
agency memoranda provide the only available guidance. The Assistant Administrator for Recovery
authorized the use of recreational vehicles (RVs) for Hurricane Irma (CONUS) disaster declarations
in a memorandum dated September 16, 2017. The memorandum incorporates, by reference, U_
implementation steps for RV use outlined in a previous memorandum, Use of Recreational Vehicles
for DR- 4332 - Texas, dated September 5, 2017. One requirement for RV implementation is to LU
integrate RVs into temporary housing solutions in full consideration of survivor safety, in
coordination with state and local officials, and in compliance with state and local zoning
requirements and the federal floodplain requirements at 44 C.F.R. § 9.13. Another requirement is
for the Logistics Management Directorate to develop protocols for readying RVs for occupancy to
safeguard health and safety. Additionally, due to health and safety concerns of long -term occupancy
D.12.a
in RVs and floodplain management restrictions, FEMA prioritized RVs for eligible applicants
projected to have a temporary housing need of six months or less. Any disposal method FEMA
implements for travel trailers must be consistent with these requirements.
Environmental Planning and Historic Preservation (EHP) Considerations
Because so much of the impacted area is within mapped floodplains or flooded locations, FEMA's
action to provide travel trailers in the floodplain triggers review under 44 C.F.R. § 9.13. Generally,
FEMA is required to avoid actions in the floodplain when there is a practicable alternative outside
the floodplain, and, if not, then minimize impacts to the floodplain and risks from flood hazards. For
travel trailer placement on private and commercial sites, EHP completed a review process and
minimized unit placement in Special Flood Hazard Areas (SFHAs) through identification of housing
resources outside of the SFHA for utilization first. For the units placed in.''an,SFHA_ one
minimization measure is to restrict the time they may be on -site relative to the flood hazard. In this
case, the flood hazard is hurricane driven storm surge, which is seasonal. FEMA's compliance with
44 C.F.R. § 9.13, per EHP's review, hinges on the travel trailers being removed from SFHAs as
conditioned (e.g. no more than 6 months if possible or prior to June 1, 2018). This restriction is
consistent with minimum National Flood Insurance Prouram reauirements.
Two example approval memoranda describing EHP's full action and conditions are attached. Any
change to this action requires re- evaluation by program and review by EHP. Consequently, if the
travel trailer disposal component, sold or donated, results in FEMA's units remaining on -site past the
6 -month time frame (or next hurricane season at worse), then FEMA will no longer be in compliance
with 44 C.F.R. Part 9 nor NFIP, nor local permitting limits for the unit. Or, if they are sold or
donated and moved but end up back in an SFHA' as `temporary housing,' this could become an issue
for the agency later. Therefore, if the units are sold or donated, the process and conditions outlined
in 44 C.F.R. §§ 9.13(e) and 9.14 must be followed and passed on to the State and to whichever entity
the State donates or sells them.
National Flood 'Insurance Program (NFIP) Considerations
According to the NFIP Flood Insurance Manual and advice from the HQ Flood Insurance Advocate,
travel trailers on wheels cannot be insured' through the NFIP unless they are affixed to a permanent
foundation, anchored and tied down without wheels. However they may be insurable through
private insurance as -is.
If the units are donated and the occupants are allowed to remain in the units beyond the 180
consecutive days, the State will be in compliance with the NFIP minimum requirements as long as
the units remain fully licensed and ready for highway use. However, the State must determine
whether the communities have more restrictive guidelines that restrict travel trailers from being on- U_
site longer than 180 days.
LU
U_
In the Florida Keys, FEMA Mitigation staff has encountered many pre -firm travel trailers with
numerous additions attached and or modifications made to the unit preventing the unit from being
"road ready ". Hence, the unit can no longer be classified as a recreational vehicle under NFIP
standards. The State or recipient entity should establish criteria and /or restrictions for the donated
units to ensure this does not happen. The primary concern at the Regional and HQ level is survivor
D.12.a
safety. If the State plans on allowing occupants to remain in temporary housing units through next
hurricane season, every option available should be utilized to prevent loss of life and property.
Individuals and Households Program (IHP) Considerations
Without a travel trailer donations plan, many applicants residing in travel trailers will be left without
a temporary housing solution after FEMA's 6 -month term of use has expired. Multifamily Lease
and Repair has not produced any viable options. Direct Lease, the intended backup plan for travel
trailer occupants and households with access and functional needs, has not yielded a sufficient
number of units to house all eligible households needing temporary housing. In particular, housing
resources in Monroe County are extraordinarily limited due to strict growth restrictions, floodplain
management requirements, lack of affordable housing and competition with winter vacation and
spring /summer tourist season timelines and rental pricing. Although FEMA has authorized a 300%
increase to the Fair Market Rent (FMR) rate, Direct Lease owners, generally, will not agree to a
lease term of longer than 12 months; and some potential Direct Lease owners will not lease to
FEMA for longer than 6 months.
Logistics Management Considerations
Due to the short- notice decision for FEMA to use travel trail
available. However, travel trailers are a form of temporary 1
manufactured housing unit (MHU) disposal should b
trailer disposal is incorporated into Agency policies.'
establish a policy for travel trailer sales to occupants,
Management Directorate would replace needed fund
could also be returned to a designated location for sal
are costing about the same as MHUs, but with s
the Agency approves the proposed travel trailer
should not be donated, but should be used to su]
be limited to used travel trailers.
ded
owed until
le it is uncl
for
or tr
disposal guidance is not
guidance established for
- rnal guidance for travel
whether the Agency will
directed by Logistics
ases. The travel trailers
to another disaster. Travel trailers
y lower transportation costs. If, however,
plan, new unoccupied travel trailers
- Agency requirements. Donations should
1. Donating occupied units, upon move out, will ensure applicants move out of the travel
trailers within FEMA's established 6 -month occupancy time frame or prior to June 1, 2018.
2. For travel trailer occupants who have a need for temporary housing beyond 6 months, EHP
recommends maintaining Direct Lease options for them and transitioning them into such a
unit in lieu of maintaining the travel trailer in the floodplain. This would be a further
minimization measure consistent with 44 C.F.R. § 9.13.
U_
3. The recipient entity must ensure each travel trailer will be located on a site that complies with Uj
local codes, ordinances, and 44 C.F.R. Part 9.
4. The recipient entity is required to obtain and maintain hazard and flood insurance on the
donated units.
D.12.a
5. The recipient entity must ensure the donated units in the floodplain are affixed to a
permanent foundation, anchored and tied down.
Proposed Travel Trailer Donations Process
Taking into account the aforementioned considerations and mitigation measures, the Direct Housing
Task Force has worked closely with the State to develop the proposed process for implementation of
travel trailer donations for DR- 4337 -FL as outlined below.
The State submits a request to FEMA which identifies existing unmet temporary housing
needs and the number of travel trailers required to support eligible survivors.
2. FEMA and the State execute a Donations of Temporary Housing Units Agreement which will
include, but will not be limited to, the following terms:
a. The State identifies unacceptable condition of habitability and FEMA identifies
maximum amount for the repair costs.
b. The State agrees to assume responsibi
make ready, and staging of donated units.
c. The State agrees to obtain and maintain haza
d. The State agrees to comply, with local codes,
floodplain management requirements.
e. The State agrees to temporarily house disast(
3. FEMA conducts a habitability assessmer
donation (as required).
4. FEMA terminates the FEMA occupant's
move -out wi
5.
Title
tion, movement, clean and
nce on the donated units.
;es and 44 C.F.R. Part 9
)rs for up to 6 months.
k order for repairs prior to
e License and coordinates the occupant's
State /County representative.
6. The State assumes responsibility for deactivating, relocating and delivering the units to the
County or a voluntary organization for the purpose of providing temporary housing to
applicants who still have an unmet housing need.
The proposed travel trailer donations plan would benefit disaster survivors, the State and FEMA.
Disaster survivors will be afforded the additional time they need to achieve their permanent housing
plans. The State will have the resources needed to provide temporary housing to disaster survivors. >
FEMA will be able to dispose of the travel trailers in a way that is consistent with Stafford Act and
regulatory requirements and furthers the sole purpose of temporary housing unit donations—
U_
providing temporary housing to disaster survivors. Additionally, under this donations plan, FEMA
will avoid the expense of demobilizing, hauling the units back to staging, and storing the units, LU
which will result in significant cost savings to FEMA.
Your consideration of the above proposed travel trailer donations plan for DR- 4337 -FL is greatly
appreciated. Should you have questions or require additional information, you may contact Jackie
Gladish, Deputy IABD and Direct Housing Task Force Lead, at Jackie.Gladish @fema.dhs.gov.
the Stag