FEMA DECLARES CITY OF BRENHAM FUNDING REQUEST INELIGIBLE

  
The flooding from 2016

The Federal Emergency Management Agency has determined the City of Brenham’s request for public assistance funding to repair damage at the Lake Somerville Raw Water Intake Structure is ineligible.

As a result of severe storms and flooding in May 2016, the City submitted a request for public assistance from FEMA in late 2017.

The initial request was for $479,000.  However, in 2019, the City requested a scope change and cost modification to install a soldier pile wall system to repair the embankment.

FEMA processed the request for an increase of $741,000 bringing the total claim to over $1.1 million. The federal share amount was $883,000 or 75% of the total project cost.

In July 2020, the City submitted another cost modification due to cost overrun due to higher-than-expected bids.  The soldier wall system was determined to cost an addition $3.8 million, bringing the total to nearly $4.5 million.

Due to that large of an increase, FEMA began an internal investigation, and sent the City of Brenham a series of questions. According to Public Relations Manager Melinda Gordon, the City did respond to their request for information, but FEMA said the response was not satisfactory.

During an investigation and a search of previous city council meeting minutes, FEMA learned of pre-existing deterioration and deferred maintenance to the structure that led to their determination of ineligibility.

In late 2020, FEMA gave the City opportunity to provide documentation to support its claim that the damage was caused by the disaster or to establish the pre-disaster condition of the structure.  The City’s response purportedly did not include all the information that FEMA was seeking.

On March 17th, the City learned that FEMA had filed a complaint with the Office of Inspector General and requested that the OIG review the failure to disclose the pre-existing damage in the original documentation.

According to Mayor Milton Tate, the failure to disclose the pre-existing damages was an oversight, and was not intentional.

The City was informed on the 17th that the OIG, after the U.S. Attorney’s Office declined prosecution, referred the incident back to FEMA for administrative action.

The City has 60 days to appeal FEMA’s ineligibility ruling, and intends to do so.

As part of the process, the City must return over $883,000 to the Texas Department of Emergency Management who will hold the funds in escrow until the appeal process is finalized.  If the appeal is favorable, the money will be returned to the City, and if not, then it goes back to FEMA.

On March 18, the City also received a letter of concern from FEMA indicating that they are pursuing administrative action against the City and considering excluding the City from future procurement and non-procurement federal assistance.  Gordon said that the City has engaged with FEMA and is cooperating with the agency’s inquiry.

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7 Comments

  1. If this ruling goes against the City of Brenham, it is likely that FEMA will prohibit the city from applying for future FEMA grants or funds for a certain amount of time. That is common for these cases, when a fraudulent reimbursement is determined. The taxpayers need to follow this closely to see what the final agreement will be. Is the money to be repaid with no impact on future FEMA funds, or will the City of Brenham be banned from future FEMA funds for years? The public and local press need to follow the outcome of this situation.

  2. I wanted to ask yesterday. Under whose watch at the City was this taking place?
    I believe I remember the answer to my question, but I’d to see it in print.

  3. Oh…the mayor says…”the preexisting damage was simply an oversight…not intentional “…what else would you expect him to say? So if this thing gets so messed up that the city can No longer request federal funds, and the federal money goes away, criminal charges should be brought on those who were in charge. Yes…typical government stupidity.

    1. Which government? The city did not maintain infrastructure, and when it failed due to disrepair, they asked the Feds ( taxpayers) to pay the bill. But the Feds are doing their job and being careful with taxpayer money. So yes, way we pay the bills for all mismanagement.

      1. How do you determine the did have have the maintenance responsibility? The structure is in place to supply sub par water to the city. If they don’t maintain it why did they ask for money to fix it?

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