Item O6 0.6
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tem Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
September 18, 2019
Agenda Item Number: 0.6
Agenda Item Summary #6040
BULK ITEM: Yes DEPARTMENT: County Administrator
TIME APPROXIMATE: STAFF CONTACT: Martin Senterfitt(305) 289-6018
n/a
AGENDA ITEM WORDING: Approval to advertise a public hearing for October 16, 2019 at 1:30
pm to consider an ordinance amending article I of chapter 11 of the Monroe County Code to provide
for extending renewed periods of a local state of emergency for period of up to 7 days, penalties,
clarifying powers, duties, and roles of the Mayor, Mayor Pro Tem, County Administrator and
Emergency Management Director during state of emergency.
ITEM BACKGROUND: Chapter 252 of Florida Statutes provides for the division of
responsibilities during declared states of emergency including specific responsibilities for counties
and the emergency management director for each county. Article I of Chapter 11 of the Monroe
County Code further provides for the division of emergency management authority and
responsibilities within the County.
Following the terrorist attacks of 9/11, the Federal government developed the National Incident
Management System (NIMS) and the Incident Command System (ICS) to provide for better
coordination between the Federal, state, and local governments. The Monroe County Code has not
been updated to implement these or other changes to chapter 252. The proposed ordinance
incorporates such changes such as:
1. Amends Section 11-1(b) to change the period of time for extensions of states of
emergency from 3 to 7 days to comport with F.S. 252.38(3)(a)5.
2. Amends Section 11-1(c) to insert a reference to Section 1-8 as a penalty provision.
3. Amends Section 11-2(c) to update the ordinance reference.
4. Creates Section 11-3 to spell out the duties, responsibilities, and authority of the
Emergency Management Director before and during a state of emergency including the
authority:
a. To report directly to the County Administrator and to the Mayor or Mayor Pro
Tem during a declared state of emergency;
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b. To direct work of other County Departments and personnel in preparation of
emergency management plans prior to a declared emergency;
c. During a state of emergency to direct and supervise all operations of County
government, specifically to issue directives having the force of law, enter into
contracts up to $1,000,000 and over $1,000,000 with the concurrence of the
County Administrator; hire and fire temporary personnel, and suspend County
personnel who disregard lawful directives.
5. Creates Section 11-4 to set forth the roles during a declared state of emergency for the
Mayor, Mayor Pro Tem, the County Administrator, and the Emergency Management
Director in the context of the NIMS and ICS.
PREVIOUS RELEVANT BOCC ACTION: Adopted Ordinance 28-1987 as amended by
Ordinance 30A-2001 and 13-2008.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
DRAFT Ordinance Amending Article I Chapter 11 Emergency Management
FINANCIAL IMPACT:
Effective Date: Upon filing with the Secretary of State.
Expiration Date: n/a
Total Dollar Value of Contract: n/a
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: N/A
Additional Details:
n/a
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REVIEWED BY:
Roman Gastesi Completed 09/03/2019 8:51 AM
Bob Shillinger Completed 09/03/2019 2:17 PM
Budget and Finance Completed 09/03/2019 2:23 PM
Maria Slavik Completed 09/03/2019 2:32 PM
Kathy Peters Completed 09/03/2019 4:54 PM
Board of County Commissioners Pending 09/18/2019 9:00 AM
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ORDINANCE NO. -2019
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING ARTICLE I OF CHAPTER 11 OF THE
MONROE COUNTY CODE, EMERGENCY
MANAGEMENT AND EMERGENCY SERVICES,
PROVIDING FOR EXTENDING PERIOD OF LOCAL
STATES OF EMERGENCY FOR U 7 DAYS,
PROVIDING FOR A PENALTY VIOLATING Cr
LAWFUL ORDERS ISSUED DU DECLARED
STATE OF EMERGENCY O G FOR
CLARIFICATION OF AP P ABLE WITH
RESPECT TO DEBRIS RE ,CREATIN TION
11-3 TO SET FORTH TH WERS AND DU OF
THE EMERGENCY MANA ENT D ECTOR,
CREATING SECTION 11-4 TO I E ROLES a
THE MAYOR, TY AD TOR, AN E
EMERGENCY ENT ECTOR; AND
PROVIDING FORS ITY A EFFECTIVE
DATE.
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WHEREAS, State o orida en hapter of the Florida Statutes, which E
provides for certain em cy m gement re sibilities for each County and its emergency
manageme r; and
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REAS, oar County issioners of Monroe County ("the Board")
adopte nance No. 87 his currently codified in Article I of Chapter 11 of the
Monroe C Code; and
WHER Ordinanc o. 028-1987 and Chapter 252, Florida Statutes, set for the
foundational autho r the e gency management director; and
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WHEREAS, the al government developed the National Incident Management
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System and the Incident Command System in the early 2000's; and
WHEREAS, the Board finds it necessary to update Article I of Chapter 11 to reflect
changes to emergency management practices that have evolved over time; and
WHEREAS, the Board finds it necessary to clarify the role,powers, and duties of the
County's Emergency Management Director to reflect current and best practices in the field of
emergency management; and E
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WHEREAS, the Board finds it necessary to clarify the roles of the Mayor, Mayor Pro
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Tem, and County Administrator during a declared state of emergency to make them consistent with
the National Incident Command System, as well as current and best practices in the field of as
emergency management; CL
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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(Inserted language appears underlined; deleted language appears ekeii �hfe )
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SECTION 1. Section 11-1 of the Monroe County Code is amended as follows: U)
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Sec. 11-1. - Authority of Mayor to declare state of local
(a) For definitional purposes, a state o rgency sh ist whenever there
is an occurrence or threat thereo er accidental, al or caused by 0
man, in war or in peace, that re s in or may result in su tial injury or
harm to the population and/or sub al lama to or loss perty.
(b) The Mayor, Mayor P Tem, or the 11 have the a ity to a
declare a state of local ncy in the after consultation with the E
emergency manageme The Jura f a state of emergency is
limited to seven days; exten U to 7 day 72 hettf
increments b e Ma or o the a of the pr.by the Mayor Pro >%
Tem. � r_
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(c) Failur omply a romptly awful issued during a state of 0
emergen and punis e as provided for in Section 1-8 of the W
Count Cot of ared e°'f��� ,
'1 cy, nroe County is authorized by law
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to enter riva d for re ,of disaster-generated debris, in order
to protect t ety, and wel are of the public; eliminate immediate
reat of sip' t dam o improved public or private property; and/or
sure econo ecove f the affected community to the benefit of the E
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SECTION 2. Subsecti Section 11-2 of the Monroe County Code is hereby E
amended as ows: as
Sec. 11-2. - Disaster-generated debris removal.
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(c) Removal of debris from private rights-of-way. Following issuance of a local
declaration of emergency in accordance with F.S. Ch. 252, Monroe U_
County Ordinance No. 028-1987, as may be amended from time to time, as
codified in Article I of Chapter 11 of the Monroe County Code, and/or any
other aplicable law, the County shall have the right of entry and authority a
to remove disaster-generated debris located within unincorporated Monroe
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County on County-owned property, canals (whether privately or publicly
owned), County-owned roads and from private rights-of-way when such
debris is determined to pose an immediate threat to the health, safety and
welfare of the community. Pursuant to the authority set forth in Article I of
this chapter, the emergency management director shall determine whether
there is an immediate threat to the public health, safety, and welfare CL
sufficient to warrant removal of said debris based on one or more of the U)
following factors:
(1) There is a significant likelihood that rescue vehicles will be
significantly hindered from rendering ergency services to
residential and commercial property s °e debris be allowed to
remain in place absent County rem C
(2) The type of debris is such that ay nably cause disease,
illness, or sickness which co jure or a y affect the health,
safety, or general welfare se residing an king in the area 0
if it is allowed to remai
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(3) The clearing is necessary ffectua rderly an editious
restoration of C unty-wide uti ncluding,but mited
to, water, sew er and telec ications.
(4) The debris prey e collec ereby creating a public
health and safety rd.
(5) T nhibits a s to s ses a ass transit thereby
p covery a o a fit- isaster. 0
(6) ebris b mes a fi zard which is susceptible to igniting E
an ing e to pro and risking the safety of the public.
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e de se s tionnail boxes restricting the public's 2
s to nd rece o ant documents.
(8) The s is 1 to harbor vermin and reptiles that are potentially
poison
The deb contains contaminants which have a reasonable
'kelihood eeching into the soil and/or aquifer of the county.
(10) de as a substantial negative impact in preventing or
ad fecting emergency repairs to buildings and/or property.
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(11) The debris presents a reasonable danger of being transported by
wind and/or water into the surrounding areas of the County and
thereby increasing the cost of recovery and removal. E
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(12) The debris poses a significant likelihood of, if left over time
producing mold which would be injurious to public health.
(13) The presence of the debris significantly adversely impacts the
County's recovery efforts.
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(14) The debris significantly interferes with drainage or water runoff, so
as to be a significant hazard in the event of significant rainfall.
(15) The sheer volume of the debris is such that it is impractical and
unreasonable to remove in an orderly and efficient manner absent
action by the County.
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(16) The type, extent and nature of the debris is such that it would cause
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much greater damage if the debris was not removed immediately.
(17) The debris in the canals, including submerged or partially
submerged vessels and other debris, rendering the canals 0
impassible or extremely dangerous to v 'preventing movement U)
down the canals by first responders as citizens in the area. Cr
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[The remainder of Section 1]-2 sh changed.)
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SECTION 3. Section 11 3 of the Monroe Co
ode is hereby c d to read as follows:
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Sec. 11-3. - Emergency Management Director
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a. The Count shall employ r enc Ma ent Director who sh 1 meet
the requirements set forth AlMor,252 and616tv policy. The Emergency
Management Director shall hir the Cou dministrator subject to
confirmation of the Board.
b. The EmerwiAahikwent XDirr Shi
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1. Re ort 1 to Count ministrator and during a declared w
emergency, e oL,ior toy� thft,avor pro tem in the absence of the T-
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Su ervis Eme V Manag t Department,
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aye the auth to"'dUhhe work of other Department Heads and other
t ersonn n the'Vparation of emergency management plans
re ess of whel&operating under a declaration of emergency,
4. During lare, dergency, direct and su ervise all operations of Count
overnme n but not limited to: E
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i. Issuing directives having the force and effect of law,
ii. Enter into contracts and purchase orders on behalf of the County having E
a value less than $1,000,000, purchases of$1,000,000 and greater shall
require concurrent aproval of the County Administrator,
iii. Hire and fire temporary personnel needed to carry out the work of the
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County during the time of the declared emergency, _subject to the to the E
availability of funds, and
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iv. Suspend County personnel, including Department Heads, who fail to
follow the lawful directives of the Emergency Management Director.
Director.
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5. Coordinate the Emergency Management Department's activities with the
Fire Chief and the Fire Rescue Department,
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SECTION 4. Section 11-4 of the Monroe County Code is hereby created to read as follows:
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Sec. 11-4. - Roles during a declared state of emergency.
a. The Mayor, or in the absence of the Ma or thow,till"I"Pro Tem shall: Cr
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1. Fulfill the role of Chief Elected ial in National Incident
Management System, and
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2. Provide 'urisdictional authorit4ill"1111111"U"I'll"tingthe Declarat Local State >
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of Emergency and the Dele a of Aut rit to t er enc
Management Director.
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b. The County Administrato as
1. Fulfill the role of AIR he National Incident
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2. Be re c fished b the Count �
Comm Navin 11 autho r makin ecisions and providingE
direction man ent or a ion for an incident, and
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olic �ek, ou the authorities of the Incident as
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C. Emer enc em irector shall: as
ulfill the of In ent Commander in the National Incident
a ement em. and
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2. Ha o onal authorit Burin a declared state of emergency to a
mana is while workingwithin the parameters set forth b the <
County A inistrator. as
SECTION 5. Severability. If any section, subsection, sentence, clause, or provision of this
ordinance is held by a court of competent jurisdiction to be invalid, the remainder of this ordinance 0
shall not be affected by such invalidity. U-
SECTION 6. Conflict. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
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SECTION 7: Effective Date. This Ordinance shall be filed with the Department of State and shall
be effective as provided in Section 125.66(2), Florida Statutes.
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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 day of 2019.
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Mayor Syliva Murphy
Mayor Pro Tem Danny Kolhage
Commissioner Michelle Coldiron
Commissioner Heather Carruthers 0
Commissioner David Rice
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(SEAL) BOARD TY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF M INTVI FLORIDA
By
Deputy Clerk Mayor Sylvia J. by
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