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Item D02C ounty of M onroe {f `' " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting August 15, 2018 Agenda Item Number: D.2 Agenda Item Summary #4595 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470 10:30 A.M. AGENDA ITEM WORDING: Approval of a resolution finding that the accumulation of dead vegetative debris generated by Hurricane Irma presents a fire hazard, and directing and authorizing County staff to take appropriate steps to remove the debris from public and private property in coordination with federal, state and local agencies. (To be called with and heard immediately following the presentation by the FL Division of State Forestry regarding debris clearing.) ITEM BACKGROUND: At the June 20, 2018 meeting (Agenda Item M -2), the Board of County Commissioners directed Emergency Management, Growth Management, and County Attorney staff to address the issue of dead vegetative debris generated by Hurricane Irma constituting a fire hazard, including procedures for removal. PREVIOUS RELEVANT BOCC ACTION: CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: BOCC Resolution Dead Vegetative Debris clean FINANCIAL IMPACT: Effective Date: N/A 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: MITI] REVIEWED BY: Bob Shillinger Skipped 08/01/2018 11:22 AM Cynthia Hall Completed 08/01/2018 11:24 AM Budget and Finance Completed 08/01/2018 12:05 PM Maria Slavik Completed 08/01/2018 12:18 PM Kathy Peters Completed 08/01/2018 12:20 PM Board of County Commissioners Pending 08/15/2018 9:00 AM t p �� MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. -2018 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FINDING THAT THE ACCUMULATION OF DEAD VEGETATIVE DEBRIS PRESENTS A FIRE HAZARD AND DIRECTING COUNTY STAFF TO TAKE ALL NECESSARY AND APPROPRIATE STEPS TO REMOVE THE DEBRIS FROM PUBLIC AND PRIVATE PROPERTY IN COORDINATION WITH FEDERAL, STATE AND LOCAL AGENCIES. Z WHEREAS, the Board of County Commissioners (BOCC) is the legislative body of 0 Monroe County, Florida; and WHEREAS, the Monroe County Mayor declared a State of Local Emergency on September 5, 2017 due to Hurricane Irma, based on a "threat of danger to the populace inhabiting Monroe County "; and WHEREAS, Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys on September 10, 2017, causing substantial damage to and loss of property; and WHEREAS, since September 5, 2017 and continuing until the present time, the Mayor has issued continuing declarations of State of Local Emergency; and WHEREAS, under Section 252.38(3)(a), F.S., when a local subdivision is operating under a state of local emergency, the local political subdivision has the power and authority to, among other things, waive the procedures and formalities otherwise required of the political subdivision by law pertaining to "performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community "; and WHEREAS, Monroe County continues to operate under a local declaration of state of emergency; and WHEREAS, the high winds and storm surge from Hurricane Irma resulted in large amounts of accumulated dead vegetative debris; and WHEREAS, Section 11 -1(d) of the Monroe County Code of Ordinances provides the County with the authority to enter onto private land in the event of a declared emergency, as follows: (d) In the event of a declared emergency, Monroe County is authorized by law to enter onto private land for removal of disaster - generated debris, in order to protect the safety, health, and welfare of the public; eliminate immediate threat of significant 1 damage to improved public or private property; and /or to ensure economic recovery of the affected community to the benefit of the community -at- large; and WHEREAS, the Board finds that the accumulation of dead vegetative debris generated by Hurricane Irma presents a fire hazard and threat of substantial injury or harm to the population of Monroe County, as well as a threat of substantial damage to property; and WHEREAS, the Board finds that the elimination of the debris is necessary to a) protect the health, safety, and welfare of the public and b) ensure the economic recovery of the areas of the Keys affected by Hurricane Irma. WHEREAS, consultation has been made with the Fire Chief and the Director of Emergency Management, both of whom concur that the accumulation of dead vegetative debris presents a fire hazard; and WHEREAS, Monroe County Fire Rescue has identified large areas throughout Monroe County with accumulated dead vegetative debris that are fuel loads for wild fires. The large areas include Big Pine Key, No Name Key, Ramrod Key, Summerland Key, Cudj oe Key, Sugarloaf Key, and Key Largo; and WHEREAS, on April 22, 2018, a large brush fire broke out on Big Pine Key that damaged property and threatened the population on the island. The fire impacted approximately 100 acres, and was attributed in part to the accumulation of dead vegetative debris generated by Hurricane Irma; and WHEREAS, Monroe County Fire Rescue has compiled a list of structures on Big Pine Key that are adjacent to remaining fire loads, including dead vegetative debris generated by Hurricane Irma. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1 . The Board finds that the accumulation of dead vegetative debris generated by Hurricane Irma presents a fire hazard that endangers the safety, health and welfare of the public and constitutes an immediate threat of significant damage to both improved and unimproved public and private property. Section 2 . The Board directs and authorizes County staff to respond to this emergency by taking appropriate steps to remove such debris from public and private property and coordinating with all appropriate federal, state, and local agencies. Section 3 . The Resolution shall become effective upon adoption 2 Mayor David Rice Mayor Pro Tem Sylvia Murphy Commissioner Heather Carruthers Commissioner Danny Kolhage Commissioner George Neugent WMA Mayor David Rice (SEAL) N • •