Resolution 221-2018 •
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 221 -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.
WHEREAS, the Board of County Commissioners (BOCC) is the legislative body of
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
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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, Cudjoe 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.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Florida
at a regular meeting of said Board held on the 1 5 of August, 2018. in Key West, Florida.
Mayor David Rice Yes
Mayor Pro Tem Sylvia Murphy Yes
"'•' f• Commissioner Heather Carruthers Yes
, :.2.1,:.„. Commissioner Danny Kolhage Yes
Commissioner George Neugent yeR
BOARD OF COUNTY C OMMISSIONERS
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BY
Mayor David e
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E T: KEVIN MA OK C LERK
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DEPUTY LERK
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MONROE COUNTY ATTORNEY
APrOVE 1AS FMAi
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1 NTHIA L. HALL
ASSISTANT COUNTY ATTORNEY
Date
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