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City staff to seek direction after FEMA denied reimbursement for debris pickup in private developments
Summary
Staff reported FEMA denied reimbursement for vegetative debris removal in several private developments following Hurricane Milton; council discussed options including continuing the service with city funds, requiring HOA reimbursement, or changing right‑of‑way agreements.
City staff told the Sebastian City Council that FEMA denied reimbursement for six private developments where the city had coordinated vegetative debris removal following Hurricane Milton and asked the council for direction on future policy.
What happened: Staff said 17 private developments in the city have right‑of‑way access agreements; 13 had up‑to‑date forms and six requested city removal help after the storm. FEMA reviewed the city’s submissions and denied reimbursement for those six private developments because, staff said, FEMA determined the piles did not constitute a life‑safety hazard on the private roadways and some debris could have been collected via yard‑waste services. The city’s tab for the six developments was $7,265.66; staff said that amount will come from reserves.
Options discussed: Staff presented three paths: (1) stop providing contract debris removal service for private developments, (2) continue to provide the service and accept the risk that FEMA may not reimburse private‑development debris in smaller storms (with costs borne by city reserves), or (3) negotiate revised right‑of‑way agreements with HOAs that allow the city to perform collection but require HOAs to reimburse the city if FEMA refuses payment (for example, on a cubic‑yard basis). Council members expressed concern about enforceability and that special assessments on private property pose legal challenges.
Staff recommendation and next steps: Staff proposed drafting a revised right‑of‑way agreement that clarifies expectations and includes an option for HOA reimbursement if FEMA denies coverage; staff will also continue outreach to the four developments that had not submitted right‑of‑way forms. Staff noted that in major storms, FEMA is more likely to reimburse for private‑development debris removal when life‑safety or public‑health hazards exist.
Ending: Council asked staff to proceed with drafting a clearer agreement and to return with recommended language and collection options. The city will continue outreach to the remaining private developments and will report reserve usage tied to debris operations.
