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Item O7Co unty of Monroe � �• BOARD OF COUNTY COMMISSIONERS l Mayor George Neugent, District 2 The Florida Ke _ Mayor Pro Tern David Rice, District 4 r% b �:, Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting October 18, 2017 Agenda Item Summary #3491 ADD ON ITEM DAY OF MEETING: WILL BE ITEM 0-7 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500 3:00 P.M. Public Hearing AGENDA ITEM WORDING: A Public Hearing to consider approval of an Ordinance by the Monroe County Board of County Commissioners amending Chapter 103 -1, "Temporary housing;" to allow a temporary emergency housing on parcels with an already issued, unexpired building permit for the construction of a dwelling unit; to allow the temporary emergency housing to connect to central sewer, onsite system or utilize holding tanks; to allow one temporary emergency housing unit for each lawful dwelling unit to be occupied by County residents who have been displaced by the natural or manmade disaster damages; and to allow the placement of temporary emergency housing on vacant residential properties limited to travel trailers, RVs or similar sheltering units provided and licensed by Federal Emergency Management Agency (FEMA); adopted pursuant to Section 125.66, F.S. emergency enactment procedures; providing for severability; providing for repeal of conflicting provisions; providing for transmittal to the Secretary of State; providing for inclusion in the Monroe County Code; providing for an effective date. ITEM BACKGROUND: The Monroe County Mayor declared a State of Local Emergency on September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe County" and that the County "may require expedient action in order to protect the health, safety and welfare of the community." Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys on September 10, 2017, causing substantial damage to and loss of property. The Monroe County Mayor issued other declarations a State of Local Emergency on September 13, 2017, September 20, 2017, September 25, 2017, September 26, 2017, October 3, 2017, and October 11, 2017, due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe County" and that the County "may require expedient action in order to protect the health, safety and welfare of the community." During the initial recovery phase, Monroe County Code allows the placement of one temporary emergency housing unit for temporary occupancy by residents displaced by Hurricane Irma. The County has experienced significant damage to homes, particularly mobile home structures, and must utilize available locations to provide secure temporary housing for the disaster recovery of the community. The County is proposing amendments to allow temporary emergency housing on parcels with an already issued, unexpired building permit for the construction of a dwelling unit; to allow the temporary emergency housing to connect to central sewer, onsite system or utilize holding tanks; to allow one temporary emergency housing unit for each lawful dwelling unit to be occupied by County residents who have been displaced by natural or manmade disaster damages; and to allow the placement of temporary emergency housing on vacant residential properties limited to travel trailers, RVs or similar sheltering units provided and licensed by FEMA. This ordinance is enacted under the emergency provisions of Section 125.66, F.S. and shall be effective upon passage due to the State of Local Emergency. PREVIOUS RELEVANT BOCC ACTION: CONTRACT /AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: LDC _Chapter_103_county_emergency ordinance 10. 18.17 Declaration of Emergency 10. 11.2017 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 10/16/2017 2:54 PM Steve Williams Completed Jaclyn Carnago Completed Christine Hurley Skipped Budget and Finance Skipped Maria Slavik Skipped Mayte Santamaria Completed Kathy Peters Completed Board of County Commissioners Pending 10/16/2017 2:55 PM Skipped 10/16/2017 3:02 PM 10/16/2017 3:30 PM 10/16/2017 2:49 PM 10/16/2017 2:49 PM 10/16/2017 2:49 PM 10/16/2017 3:35 PM 10/17/2017 11:47 AM 10/18/2017 9:00 AM 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 ORDINANCE NO. -2017 10 A ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 11 COMMISSIONERS AMENDING CHAPTER 103 -1, "TEMPORARY 12' HOUSING;" TO ALLOW TEMPORARY EMERGENCY HOUSING ON 13 PARCELS WITH AN ALREADY ISSUED, UNEXPIRED BUILDING 14 PERMIT FOR THE CONSTRUCTION OF A DWELLING UNIT; TO 15 ALLOW THE TEMPORARY EMERGENCY HOUSING TO CONNECT 16 TO CENTRAL SEWER, ONSITE SYSTEM OR UTILIZE HOLDING 17 TANKS; TO ALLOW ONE TEMPORARY EMERGENCY HOUSING 18 UNIT FOR EACH LAWFUL DWELLING UNIT TO BE OCCUPIED BY 19 COUNTY RESIDENTS WHO HAVE BEEN DISPLACED BY NATURAL 20 OR MANMADE DISASTER DAMAGES; AND TO ALLOW THE 21 PLACEMENT OF TEMPORARY EMERGENCY HOUSING ON VACANT 22 RESIDENTIAL PROPERTIES LD41TED TO TRAVEL TRAILERS, RVS 23 OR SIMILAR SHELTERING UNITS PROVIDED AND LICENSED BY 24 THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA); 25 ADOPTED PURSUANT TO SECTION 125.66, F.S. EMERGENCY 26 ENACTMENT PROCEDURES; PROVIDING FOR SEVERABILITY; 27 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; 28 PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE; 29 PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE; 30 PROVIDING FOR AN EFFECTIVE DATE. 31 32 33 WHEREAS, the Board of County Commissioners is the legislative body of Monroe 34 County, Florida; and 35 36 WHEREAS, the Monroe County Mayor declared a State of Local Emergency on 37 September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe 38 County" and that the County "may require expedient action in order to protect the health, safety 39 and welfare of the community;" and 40 41 WHEREAS, Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys 42 on September 10, 2017, causing substantial damage to and loss of property; and 43 44 WHEREAS, the Monroe County Mayor issued other declarations a State of Local 45 Emergency on September 13, 2017, September 20, 2017, September 25, 2017, September 26, 46 2017, October 3, 2017, and October 11, 2017, due to Hurricane Irma, a "threat of danger to the Page 1 of 8 1 populace inhabiting Monroe County" and that the County "may require expedient action in order 2 to protect the health, safety and welfare of the community ;" and 4 WHEREAS, Monroe County experienced a natural disaster, Hurricane Irma, which 5 caused significant damage to residences, businesses and infrastructure throughout the County; 6 and 7 8 WHEREAS, pursuant to Section 103 -1(b) of the Monroe County Land Development 9 Code, it is the purpose of this section to provide regulations that allow for the relaxation of the 10 use prohibitions in Chapter 130, Land Use Districts, and Chapter 138, Rate of Growth 11 Restrictions (ROGO/NROGO), to: (1) Provide regulatory authority to allow temporary 12 emergency housing, not subject to the ROGO permit allocation system, for temporary occupancy 13 by residents displaced by natural or manmade disaster damage...; and 14 15 WHEREAS, pursuant to Section 103 -1(a), temporary emergency housing means 16 recreational vehicles (or similar approved sheltering units) used for temporary occupancy in 17 response to natural or manmade disasters, including, but not limited to, hurricanes and tropical 18 storms, where such RVs (or other approved sheltering units) are provided to residents or relief 19 workers as part of emergency relief efforts; and recreational vehicle (RV) means the same as that 20 term is defined in F.S. § 320.01; and 21 22 WHEREAS, pursuant to Section 103 -1(c), temporary emergency housing may be placed 23 on a single - family parcel for temporary occupancy by residents of the same parcel who have 24 been displaced by natural or manmade disaster damage; and 25 26 WHEREAS, the County has experienced significant damage to numerous homes, and 27 must utilize available locations to provide secure temporary housing for the disaster recovery of 28 the community; and 29 30 WHEREAS, the County is proposing amendments to allow temporary emergency 31 housing on parcels with an already issued, unexpired building permit for the construction of a 32 dwelling unit; to allow the temporary emergency housing to connect to central sewer, onsite 33 system or utilize holding tanks; to allow one temporary emergency housing unit for each lawful 34 dwelling unit to be occupied by County residents who have been displaced by natural or 35 manmade disaster damages; and to allow the placement of temporary emergency housing on 36 vacant residential properties limited to travel trailers, RVs or similar sheltering units provided 37 and licensed by FEMA; 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 40 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 41 42 Section 1. The Monroe County Land Development Code is hereby amended as follows 43 (Deletions are shown saiekee- tbreub*; additions are shown underlined) 44 45 Section 103 -1. Temporary housing. Page 2 of 8 (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: 4 Recreational vehicle (RV) means the same as that term is defined in F.S. § 320.01. 5 Temporary emergency housing means recreational vehicles (or similar approved sheltering 6 units) used for temporary occupancy in response to natural or manmade disasters, 7 including, but not limited to, hurricanes and tropical storms, where such RVs (or other 8 approved sheltering units) are provided to residents or relief workers as part of emergency 9 relief efforts. 10 Temporary non - emergency housing means RVs (or other approved sheltering units) used 11 for temporary occupancy by employees in order to provide project site security for a long - 12 term capital improvement project or to avoid delay in completing ongoing or future airport 13 safety and capacity improvements. 14 (b) Purpose. It is the purpose of this section to provide regulations that allow for the relaxation 15 of the use prohibitions in Chapter 130, Land Use Districts, Chapter 131, Bulk Regulations, 16 and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), to: 17 (1) Provide regulatory authority to allow temporary emergency housing, not subject to 18 the ROGO permit allocation system, for temporary occupancy by residents displaced 19 by natural or manmade disaster damage or by relief workers involved in 20 reconstruction activities following a natural or manmade disaster; 21 (2) Provide regulatory authority to allow temporary non - emergency housing, not subject 22 to the ROGO permit allocation system, for temporary occupancy by workers 23 undertaking a long -term capital improvement project to provide site security for the 24 capital improvement project site or to avoid delay in completing airport safety and 25 capacity improvements on county -owned airport properties. 26 (c) Placement of temporary emergency housing on singlefani�y residential parcels. 27 Notwithstanding the provisions of Chapter 130, Land Use Districts, Chapter 131, Bulk 28 Regulations, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary 29 emergency housing may be placed on . a single family residential parcel for temporary 30 occupancy by residents a who have been displaced by natural or manmade 31 disaster damage subject to the following conditions: 32 (1) The dwelling unito on the subject parcel is lawfully established and has incurred 33 sufficient damage from the disaster to make the dwelling unitisl uninhabitable as 34 determined by verifiable photographic evidence provided by the applicant to the 35 Building Department, and/or an inspection by an official from a federal or state 36 governmental relief agency, the county Building Department or the County Code 37 Compliance Department; or the subject parcel has an already issued, unexpired 38 building permit for the construction of a dwelling unit; Page 3 of 8 1 (2) A building permit must be issued within 90 days of placement of the temporary 2 emergency housing for repair of damages caused by the casualty event to make the 3 dwelling unit habitable or the subject parcel must have an already issued, unexpired 4 building permit for the construction of a dwelling unit; 5 (3) A separate, no -fee building permit must be issued for the placement of the temporary 6 emergency housing, linked to the building permit issued for damage repair or linked 7 to an issued, unexpired building_ permit for the development of a dwelling unit on the 8 subject parcel The building permit shall require approval by the Building Official of 9 the unit's siting location on the parcel and 10 authorization for 4ke connection of the unit to central sewer, an on -site wastewater 11 treatment and disposal system --te an existing community wastewater treatment 12 system or use of a holding tank with a licensed septage hauler 13 (4) Only one temporary emergency housing unit shall be placed per single family paFeel 14 each lawful dwelling unit and the temporary emergency housing unit may only be 15 occupied by County residents who have been displaced by natural or manmade 16 disaster damaize: and 17 (5) The temporary emergency housing unit may remain on the property for a period not 18 to exceed 180 days from the date of building permit issuance or until the final 19 inspection or certificate of occupancy is issued on the repairs made to the dwelling 20 unit, whichever comes first A single extension of up to an additional 180 days may be 21 granted by the Building Official if he determines that good cause has been shown for 22 the need for an extension and that the temporary emergency housing unit is 23 adequately tied down and secured so as not to present an undue hazard to persons or 24 property in a high -wind or flood event. Expiration of the building permit for damage 25 repairs or dwelling unit construction shall require immediate removal of the 26 temporary emergency housing unit from the site. However, nothing in this section 27 shall prevent the county or any state or federal authority to terminate without notice 28 the authority to keep any temporary emergency housing units otherwise authorized 29 under this section should it be deemed required for the public safety. 30 (d) Placement of temporary emergency housing on nonresidential properties or vacant 31 residential properties Notwithstanding the provisions of Chapter 130, Land Use Districts, 32 Chapter 131, Bulk Regulations, and Chapter 138, Rate of Growth Restrictions 33 (ROGO/NROGO), temporary emergency housing may be placed on a nonresidential or 34 mixed -use property or on publicly -owned lands or vacant residential properties, excluding 35 lands designated for conservation and resource protection for temporary occupancy by 36 county residents displaced by natural or manmade disaster damage, subject to the following 37 conditions: 38 (1) A no -fee building permit must be issued for the placement of the temporary 39 emergency housing unit(s). The building permit shall require approval by the 40 Building Official and the Planning Director of a site plan indicating the location of 41 the temporary emergency housing unit(s) on the parcel, and 42 pemiA atAerizing- authorization for the connection of the unit(s) to central sewer, an 43 on -site wastewater treatment and disposal system(s), or to an existing community 44 wastewater treatment system or use of a holding tank with a licensed septage hauler Page 4 of 8 1 (2) The placement of temporary emergency housing on vacant residential properties is 2 limited to travel trailers RVs or similar sheltering units provided and licensed by 3 FEMA; and 4 (3) The temporary emergency housing unit(s) may remain on the property for a period 5 not to exceed 180 days from the date of building permit issuance. A single extension 6 of up to an additional 180 days may be granted by the Building Official if he 7 determines that good cause has been shown for the need for the extension and that the 8 temporary emergency housing unit is adequately tied down and secured so as not to 9 present an undue hazard to persons or property in a high -wind or flood event. 10 However, nothing in this section shall prevent the county or any state or federal 11 authority to terminate without notice the authority to keep any temporary emergency 12 housing units otherwise authorized under this section should it be deemed required 13 for the public safety. 14 (e) Placement of temporary emergency housing for emergency relief workers. Notwithstanding 1.5 the provisions of Chapter 130, Land Use Districts, and Chapter 138, Rate of Growth 16 Restrictions (ROGO/NROGO), temporary emergency housing may be provided for 17 temporary occupancy by emergency relief workers involved in reconstruction activities, 18 subject to the following conditions: 19 (1) An emergency directive or resolution of the BOCC must be issued authorizing the 20 placement and duration of the temporary emergency housing for relief workers; 21 (2) Placement of temporary emergency housing for relief workers must not impede or 22 interfere with other emergency and recovery operations or public safety; 23 (3) Temporary recovery or reconstruction housing facilities shall ensure that temporary 24 electrical and sewage lines do not constitute an attractive - nuisance to children or 25 homeless persons in the area (i.e., sufficient temporary fencing may be required by 26 the Building Official); 27 (4) A no -fee building permit must be issued for the placement of the temporary 28 emergency housing unit(s). The building permit shall require approval by the 29 Building Official and the Planning Director of a site plan indicating the location of 30 the temporary emergency housing unit(s) on the parcel, consistent with the BOCC 31 resolution, and a Department of Health permit authorizing the connection of the 32 unit(s) to an on -site wastewater treatment and disposal system(s) or to an existing 33 community wastewater treatment system; 34 (5) Any required demolition or building permits for the related reconstruction activities 35 must be issued within 90 days from the placement of the temporary emergency 36 housing for relief workers; 37 (6) The temporary emergency housing unit(s) may remain on the site for a period not to 38 exceed the duration specified by the BOCC resolution, and may only be extended at 39 the discretion of the BOCC by an additional resolution. However, nothing in this 40 section shall prevent the county or any state or federal authority to terminate without 41 notice the authority to keep any temporary emergency housing unit otherwise 42 authorized under this section should it be deemed required for the public safety; 43 (7) The only persons permitted to reside for any period in temporary emergency housing 44 for relief workers are individuals who are gainfully employed on a, fulltime basis in Page 5 of 8 1 completing cleanup and reconstruction efforts following a natural or manmade 2 disaster. All residents of temporary emergency housing for relief workers who were 3 not permanent residents of the county prior to first occupying such housing facilities 4 will be required to evacuate in accordance with local evacuation orders. Residents of 5 any temporary emergency housing for relief workers who were permanent residents 6 of the county prior to first occupying such housing facilities may not remain in 7 temporary emergency housing for relief workers during any period when a local 8 evacuation order is in effect. 9 (f) Placement of temporary non - emergency housing for contractors on county-owned airport 10 properties. Notwithstanding the provisions. of Chapter 130, Land Use Districts, and 11 Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary non - emergency 12 housing may be placed on county -owned airport properties for temporary occupancy by 13 contractors completing airport safety and capacity improvements subject to the following 14 conditions: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (1) A building permit must be issued for placement of the temporary non - emergency housing unit(s), and linked to existing airport construction permits. The building permit shall require approval by the Building Official and the Planning Director of a site plan indicating the location of the temporary non - emergency housing unit(s) on the parcel, and a department of health permit authorizing the connection of the unit(s) to an on -site wastewater treatment and disposal system(s) or to an existing community wastewater treatment system. All units shall be adequately tied down; (2) Placement of temporary non - emergency housing for airport construction purposes must not impede or interfere with aviation operations or safety and must conform to any applicable FAA regulations; (3) Temporary non - emergency housing for airport construction purposes shall remain on the property for a period not to exceed 30 days from the date of completion of the related airport construction work, unless extended by resolution of the BOCC. However, nothing in this section shall prevent the county or any state or federal authority to terminate without notice the authority to keep any temporary non - emergency housing unit otherwise authorized under this section should it be deemed required for the public safety; and (4) The only persons permitted to reside for any period in temporary non - emergency housing units for airport construction purposes are individuals who while in the county are actually gainfully employed on a fulltime basis in completing airport safety and capacity improvements at a county airport. All residents or occupants of temporary airport construction housing facilities must be required to timely evacuate in accordance with local evacuation orders. (g) Placement of temporary non- emergency housing to provide site security for capital improvement projects. Notwithstanding the provisions of Chapter 130, Land Use Districts, and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary non - emergency housing for temporary occupancy by workers undertaking a long -term capital improvement project may be provided in order to provide site security for the project site, subject to the following conditions: Page 6 of 8 1 (1) A resolution of the BOCC must be issued authorizing the placement of a temporary 2 non - emergency housing unit for site security. The resolution shall specify the location 3 (placement of the unit at the project site) and the duration of the temporary housing 4 unit; not to exceed 180 days. No more than one temporary non - emergency housing 5 unit shall be approved per project site. When considering such placement, the BOCC 6 shall take into account the number of times a parcel has been used for temporary non - 7 emergency housing purposes for capital improvement projects and shall consider 8 compatibility, complications and other circumstances that may require a site to be 9 utilized for more than 365 consecutive days and public comment. 10 (2) Placement of a temporary non - emergency housing unit for site security must not 11 impede or interfere with public safety; 12 (3) The purpose of the temporary non - emergency housing unit shall be to provide 13 security for the project site; 14 (4) A building permit must be issued for the placement of the temporary non - emergency 15 housing unit for site security, linked to the building permits for the related 16 construction activities (if applicable). The building permit shall require approval by 17 the Building Official and the Planning Director of a site plan indicating the location 18 of the temporary emergency housing unit on the parcel, consistent with the BOCC 19 resolution, and a Department of Health permit authorizing the connection of the unit 20 to an on -site wastewater treatment and disposal system or to an existing community 21 wastewater treatment system; 22 (5) The temporary non - emergency housing unit for site security may remain on the site 23 for a period not to exceed the duration specified by the BOCC resolution, and may 24 only be extended at the discretion of the BOCC by an additional resolution. When 25 considering an extension, the BOCC shall take into account the number of times a 26 parcel has been used for temporary non - emergency housing purposes for capital 27 improvement projects and shall consider compatibility, complications and other 28 circumstances that may require a site to be utilized for more than 365 consecutive 29 days and public comment. Nothing in this section shall prevent the county or any 30 state or federal authority to terminate without notice the . authority to Xeep any 31 temporary non - emergency housing unit otherwise authorized under this section 32 should it be deemed required for the public safety. 33 (6) The only persons permitted to reside for any period in temporary non - emergency 34 housing for site security for a capital improvement project are individuals who are 35 gainfully employed in completing the capital improvement project. All residents of 36 temporary non - emergency housing for site security who were not permanent residents 37 of the county prior to first occupying such housing facilities will be required to 38 evacuate in accordance with local evacuation orders. Residents of any temporary non- 39 emergency housing who were permanent residents of the county prior to first 40 occupying such housing facilities may not remain in temporary non - emergency 41 housing for site security during any period when a local evacuation order is in effect. 42 (h) No clearing or filling of environmentally sensitive lands may occur as a result of providing 43 any type of temporary housing unit(s). 44 (i) For all permitted temporary housing, upon expiration of relevant approvals and timeframes 45 expressly set forth in the relevant authorization, the temporary housing shall be removed. Page 7 of 8 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. Filing. This ordinance shall be filed in the Office of the Secretary of the State of Florida. Section 5. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of the Code. Section 6. Effective Date. This ordinance is enacted under the emergency provisions of Section 125.66, F.S. and shall be effective upon passage and adoption by a four - fifths vote of the Monroe County Board of County Commissioners declaring that an emergency exists and that the immediate enactment of said ordinance is necessary. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the day of , 2017. Mayor George Neugent Mayor Pro Tem David Rice Commissioner Heather Carruthers Commissioner Danny Kolhage Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M (SEAL) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ATTEST: KEVIN MADOK, CLERK DEPUTY CLERK Mayor George Neugent MONROE COUNTY ATTORNEY AP#J , S OF ASSIST' 6 dq 1 T Y TTORNEY onto 1 ( .��.. Page 8 of 8 O BOARD OF COUNTY COMMISSIONERS Count O f Monr Mayor Heather George District 2 LJ' �rl Mayor Pro Tem David Riceice, , District 4 The Florida Keys Danny L. Kolhage, District I Heather Carnithers, District 3 Sylvia 1. Murphy, District 5 MONROE COUNTY DECLARATION OF A STATE OF EMERGENCY Subject: Hurricane Irma WHEREAS, Chapter 252,38(3)(a) of the Florida Statutes gives authority to political subdivision to declare and enact a State of Local Emergency for a period of up to seven (7) days, thereby waiving the procedures and formalities otherwise required of the political subdivision by law pertaining to: 1. Performance of public work and taking whatever action is necessary to insure the health, safety and welfare of the community; 2. Entering into contracts; 3. Incurring obligations; 4. Employment of permanent and temporary workers; 5. Utilization of Volunteer workers; 6. Rental of equipment; 7. Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; 8. Appropriation and expenditure of public funds; and WHEREAS, the threat of danger to the populace inhabiting Monroe County may require expedient action in order to protect the health, safety and welfare of the community; and WHEREAS, Monroe County Ordinance No. 028 -1987 grants the Mayor, Mayor Pro Tem, or his designee authority to _declare a State of Local Emergency after consultation with the Director of Emergency Management; WHEREAS, the result of Hurricane Irma will require massive amounts of continued work in order to restore the County. NOW THEREFORE, I hereby declare and enact a State of Local Emergency for all of Monroe County, including municipalities, for a period -of seven (7) days, which shall begin retroactively on October 10, 2017, running consecutively to the period covered by the prior declaration. Pursuant to Monroe County Code section 11 -1, this Declaration shall also constitute a ratification of all prior periods covered by this and prior declarations, in 72 -hour increments. Pursuant to this declaration, all procedures and formalities otherwise required of Monroe County as listed in items 1. through 8. above, are hereby waived. The Director of Emergency Management is hereby ordered to take whatever actions are necessary to protect the health, safety and welfare of this community. Emergency Directives, signed by the Mayor, Mayor Pro Tem or Sheriff during the State of Emergency, shall have the full force of law as specified in Monroe County Order No. 028 -1987 section 3. 2 \ d 4 Signed: Date: � Time: l� &pm onroe County ayor, Mayor Tem or Sheriff Approved as to form: Cynthia L. Hall, Assistant County Attorney Filed for record: Cynthia L. Hall, Deputy Clerk