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Item D4M 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 January 17, 2018 Agenda Item Number: D.4 Agenda Item Summary #3780 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. 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 memo from FEMA to the State regarding the donation of a travel trailers. PREVIOUS RELEVANT BOCC ACTION: 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: Grant: County Match: Insurance Required: Additional Details: If yes, amount: I to] XTAi Do 1111" Mayte Santamaria Completed Assistant County Administrator Christine Hurley 12/29/2017 1:23 PM Steve Williams Completed Jaclyn Carnago Completed Budget and Finance Completed Maria Slavik Completed 12/29/2017 1:14 PM Completed 01/02/2018 8:12 AM 01/02/2018 8:55 AM 01/02/2018 8:58 AM 01/02/2018 9:09 AM Bob Shillinger Completed 01/02/2018 9:41 AM Kathy Peters Completed 01/02/2018 9:50 AM Board of County Commissioners Pending 01/17/2018 9:00 AM U.S. Department of Homeland Sec D.4.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 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 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 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. 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, Uj 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