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Item Q2 �ol0 0��4 BOARD OF COUNTY COMMISSIONERS County of Monroe o�' ` Mayor Sylvia Murphy,District 5 44 The Florida Keys Mayor Pro Tern Danny Kolhage,District 1 '. Michelle Coldiron District 2 Heather Carruthers,District 3 "...;!` David Rice,District 4 County Commission Meeting November 20, 2019 Agenda Item Number: Q.2 Agenda Item-Summary #6212 REVISED BACKUP DAY OF MEETING: Revised Exhibit A. Table of Organization BULK ITEM: Yes DEPARTMENT: County Administrator TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292-3470 N/A AGENDA ITEM WORDING: Approval of a resolution adopting a revised BOCC Table of Organization, as reflected in Exhibit A. to the resolution, creating an Emergency Management Department and a Parks &Recreation Department as separate departments of County government. ITEM BACKGROUND: On May 16, 2018,. the Board approved the current Table of Organization by adoption of Resolution 150-2018 which split the combined .Project .Management/Facilities Department into two (2) separate Departments of County government. The current Table of Organization does not include Emergency Management or Parks.&Recreation as departments of the County. On 10/16/19, the Board adopted Ordinance No. 035-2019 clarifying the powers, duties and roles of the Emergency Management Director under a State of Emergency and requiring the Emergency Management Director to report directly to the County Administrator. Prior to adoption of this ordinance, Emergency Management services were under the Emergency Services Department The current Table of Organization also does not include Parks & Recreation as a Department of the County and parks and recreation services are being provided under the Facilities Maintenance Department, in addition to the increasing demand on their services due to the renovation and on- going maintenance of existing County facilities, courthouses and other government buildings the County is responsible for providing and maintaining. Similarly, the need for dedicated parks and recreation services has also escalated due to the devastating impact on County parks from recent hurricanes, the County's purchase of land and establishment of new County parks, renovation and revitalization of existing County parks and public outcry for additional recreational resources. In response, the County Administrator has determined the creation of a 'separate Parks & Recreation Department is in the best interest of the County. F.S. 125.74(1)(j) vests the County Administrator the power to organize the work of County Departments, subject to administrative code developed by the Administrator and adopted by the Board and to routinely review the departments, administration and operation of the County and make recommendations regarding reorganization to the Board. The attached revised Table of Organization (attached as Exhibit A. to the resolution) creates an Emergency Management Department and a Parks & Recreation Department as separate Departments of County government effective upon adoption of the resolution. PREVIOUS RELEVANT BOCC ACTION: 5/16/18 BOCC approved current Table of Organization per adoption of Resolution No. 150-2018 10/16/19 BOCC approved Ordinance No. 035-2019 clarifying powers, duties and roles of the Emergency Management Director and requiring the Emergency Management Director to report directly to the County Administrator CONTRACT/AGREEMENT CHANGES: Creating Emerg Man and Parks &Rec Depts STAFF RECOMMENDATION: Approval DOCUMENTATION: SECOND REVISED EX A STAMPED Resolution revising the Monroe County Table of Organization with attached Exhibit A. (Page 1 only 11/19/19) Ordinance No. 035-2019 Emergency Management adopted BOCC 10 16 19 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: Bob Shillinger Completed 11/05/2019 4:44 PM Budget and Finance Completed 11/06/2019 8:05 AM Maria Slavik Skipped 11/05/2019 4:43 PM Kathy Peters Completed 11/06/2019 9:37 AM Board of County Commissioners Pending 11/20/2019 9:00 AM RESOLUTION NO. 2019 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ADOPTING THE REVISED TABLE OF ORGANIZATION ATTACHED HERETO AS "EXHIBIT A" CREATING AN EMERGENCY MANAGEMENT DEPARTMENT; CREATING A PARKS AND RECREATION DEPARTMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sec. 125.74(1)(j), Florida Statutes vests the County Administrator with the power and duty to organize the work of County departments, subject to an administrative code developed by the Administrator and adopted by the Board, and to review the departments, administration, and operation of the County and make recommendations pertaining thereto for reorganization by the Board; and WHEREAS, Section 2-58 of the Monroe County Code adopts and incorporates the County Administration Law into the County Code; and WHEREAS, Section 1-2 of the Monroe County Code defines the term "department" in a manner that requires Board approval in order to create a new department; and WHEREAS, the current Table of Organization, approved by the Board on May 16, 2018 upon adoption of Resolution No. 150-2018, does not include Emergency Management or Parks & Recreation as separate departments of the County; and WHEREAS,on October 16,2019,the Board adopted Ordinance No. 035--2019 clarifying the powers, duties and roles of the Emergency Management Director during a State of Emergency and requiring the Emergency Management Director to report directly to the County Administrator; and WHEREAS, prior to adoption of this ordinance, emergency management services fell under the umbrella of the Emergency Services Department and, pursuant to the Board's adoption of Ordinance No. -2019, the County's Table of Organization dated May 16, 2018 needs to be revised to create the Emergency Management Department as a separate department of County government; and WHEREAS, parks and recreation services are currently being provided by the Facilities Maintenance Department, in addition to the increasing demand on their services for the renovation and on-going maintenance of existing County facilities,courtrooms and other government building throughout the Florida Keys the County is responsible for providing and maintaining; and WHEREAS,the need for a dedicated County Parks and Recreational Services Department has escalated in recent years due to demands from County citizens for enhanced services; and Page 1 of 3 BOCC 11/20/19 CAD Res(kp) WHEREAS, the County Administrator has determined creation of a Parks & Recreation Department as a separate department of County government to be in the best interest of the County; and WHEREAS, the creation of an Emergency Management Department and a Parks & Recreation Department as separate departments of the County requires the County's Table of Organization dated May 16, 2018 to be revised and approved by resolution of the Board; and WHEREAS, a copy of the proposed revised Table of Organization with the newly created Emergency Management Department and Parks&Recreation Department added is attached hereto and incorporated by reference as "Exhibit A"; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: SECTION 1. Recitals. Each "WHEREAS" clause set forth herein is ratified and incorporated herein by this reference. SECTION 2. Monroe County Board of County Commissioners Action. The Monroe County Board of County Commissioners accepts the recommendation of the County Administrator regarding the re-organization of County.Departments to create an Emergency Management Department and a Parks & Recreation Department as separate departments of County government and hereby adopts the Table of Organization as revised which is attached hereto and incorporated by reference herein as "Exhibit A". • SECTION 3. Effective Date. This Resolution shall become effective upon adoption and shall continue to be in full force and effect until modified or rescinded by subsequent resolution of this Board. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 20th day of November, 2019. Mayor Mayor Pro Tem Commissioner Commissioner Commissioner BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA (SEAL) ATTEST: KEVIN MADOK, CLERK BY: By: . Mayor Deputy Clerk MONROE COUNTY ATTORNEY Page 2 of 3 APPRO T. BOCC 11/20/19 CAD Res(kp) RO Ail uNGEK JR. "Exhibit A" Table of Organization Page 3 of 3 BOCC 11/20/19 CAD Res(kp) s EXHIBIT A. Proposed Monroe County Organizational Chart Public I I I I I 1 Clerk of Courts Tax Collector Sheriff Property Appraiser Judicial Chief Judge Supervisor of Elections Kevin Madok Danise Henriquez Rick Ramsay Board of County Scott Russell Mark Jones Joyce Griffin Commissioners: David Rice Sylvia Murphy Michelle Coldiron Heather Carruthers Danny Kolhage I Tourist Development Council Medical Examiner County Attorney County Administrator Land Authority Director Executive Director Robert Shillinger Roman Gastesi Dr.Michael Charles Pattison Stacey Mitchell Steckbauer Assistant County Department Head, Assistant County Administrator Office of Sustainability Budget&Finance Administrator Christine Hurley,AICP Rhonda Haag Tina Boan Kevin Wilson,P.E. I Department Head, Office of Legislative Department Head, Department Head, Building Affairs Emergency Services Eng.Services/Roads Rick Griffin Lisa Tennyson James Callahan Judith Clarke Department Head, Office of Strategic Department Head, Department Head, Planning&Env.Res. Planning Airports Fleet Emily Schemper Kimberly Matthews Richard Strickland Roy Sanchez Department Head,Info Public Information Department Head, Department Head, Technology Officer Social Services Solid Waste Alan MacEachern r Kristen Livengood ,,.;Sheryl Graham Cheryl Sullivan Department Head,Code Department Head, Department Head, Department Head, Compliance Emergency Mgmt - Libraries Project Management Cynthia McPherson Marty Senterfitt Norma Kula Cary Knight I Department Head, Department Head, Department Head, Employee Services Parks&Recreation Veteran's Affairs Department Head, .j VACANT rl,v Facilities Maintenance Bryan Cook a William Desantis i Department Head, Extension Services Guardian ad Litem Local Disaster Recovery Alicia Bentacourt Alexsa Leto Helene Wetherington A Q.2 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting November 20, 2019 Agenda Item Number: Q2 Agenda Item Summary #6212 BULK ITEM: Yes DEPARTMENT: County Administrator TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470 N/A AGENDA ITEM WORDING: Approval of a resolution adopting a revised BOCC Table of Organization, as reflected in Exhibit A. to the resolution, creating an Emergency Management Department and a Parks & Recreation Department as separate departments of County government. ITEM BACKGROUND: On May 16, 2018, the Board approved the current Table of Organization by adoption of Resolution 150-2018 which split the combined Project Management/Facilities Department into two (2) separate Departments of County government. The current Table of Organization does not include Emergency Management or Parks & Recreation as departments of the County. On 10/16/19, the Board adopted Ordinance No. 035-2019 clarifying the powers, duties and roles of the Emergency Management Director under a State of Emergency and requiring the Emergency Management Director to report directly to the County Administrator. Prior to adoption of this ordinance, Emergency Management services were under the Emergency Services Department. The current Table of Organization also does not include Parks & Recreation as a Department of the County and parks and recreation services are being provided under the Facilities Maintenance Department, in addition to the increasing demand on their services due to the renovation and on- going maintenance of existing County facilities, courthouses and other government buildings the County is responsible for providing and maintaining. Similarly, the need for dedicated parks and recreation services has also escalated due to the devastating impact on County parks from recent hurricanes, the County's purchase of land and establishment of new County parks, renovation and revitalization of existing County parks and public outcry for additional recreational resources. In response, the County Administrator has determined the creation of a separate Parks & Recreation Department is in the best interest of the County. F.S. 125.74(1)(j) vests the County Administrator the power to organize the work of County Departments, subject to administrative code developed by the Administrator and adopted by the Board and to routinely review the departments, administration and operation of the County and make recommendations regarding reorganization to the Board. Packet Pg. 2504 Q.2 The attached revised Table of Organization (attached as Exhibit A. to the resolution) creates an Emergency Management Department and a Parks & Recreation Department as separate Departments of County government effective upon adoption of the resolution. PREVIOUS RELEVANT BOCC ACTION: 5/16/18 BOCC approved current Table of Organization per adoption of Resolution No. 150-2018 10/16/19 BOCC approved Ordinance No. 035-2019 clarifying powers, duties and roles of the Emergency Management Director and requiring the Emergency Management Director to report directly to the County Administrator CONTRACT/AGREEMENT CHANGES: Creating Emerg Man and Parks & Rec Depts STAFF RECOMMENDATION: Approval DOCUMENTATION: REVISED STAMPED Resolution revising the Monroe County Table of Organization with attached Exhibit A. (11/13/19 Emerg Man Blue) Ordinance No. 035-2019 Emergency Management adopted BOCC 10 16 19 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: Packet Pg. 2505 Q.2 REVIEWED BY: Bob Shillinger Completed 11/05/2019 4:44 PM Budget and Finance Completed 11/06/2019 8:05 AM Maria Slavik Skipped 11/05/2019 4:43 PM Kathy Peters Completed 11/06/2019 9:37 AM Board of County Commissioners Pending 11/20/2019 9:00 AM Packet Pg. 2506 Q.2.a RESOLUTION NO. -2019 A RESOLUTION OF THE BOARD OF COUNTY E COMMISSIONERS OF MONROE COUNTY, FLORIDA W ADOPTING THE REVISED TABLE OF ORGANIZATION ATTACHED HERETO AS "EXHIBIT A" CREATING AN EMERGENCY MANAGEMENT DEPARTMENT; CREATING A PARKS AND RECREATION DEPARTMENT; AND PROVIDING FOR AN EFFECTIVE DATE. x WHEREAS, Sec. 125.74(1)(j), Florida Statutes vests the County Administrator with the power and duty to organize the work of County departments, subject to an administrative code developed by the Administrator and adopted by the Board, and to review the departments, administration, and operation of the County and make recommendations pertaining thereto for reorganization by the Board; and WHEREAS, Section 2-58 of the Monroe County Code adopts and incorporates the County Administration Law into the County Code; and WHEREAS, Section 1-2 of the Monroe County Code defines the term "department" in a manner that requires Board approval in order to create a new department; and 0 WHEREAS, the current Table of Organization, approved by the Board on May 16, 2018 upon adoption of Resolution No. 150-2018, does not include Emergency Management or Parks & Recreation as separate departments of the County; and 0 �s WHEREAS, on October 16,2019,the Board adopted Ordinance No. 035--2019 clarifying the powers, duties and roles of the Emergency Management Director during a State of Emergency c and requiring the Emergency Management Director to report directly to the County Administrator; and WHEREAS, prior to adoption of this ordinance, emergency management services fell under the umbrella of the Emergency Services Department and, pursuant to the Board's adoption of Ordinance No. 2019, the County's Table of Organization dated May 16, 2018 needs to be 2 revised to create the Emergency Management Department as a separate department of County 0 government; and U) WHEREAS, parks and recreation services are currently being provided by the Facilities Maintenance Department,in addition to the increasing demand on their services for the renovation and on-going maintenance of existing County facilities,courtrooms and other government building throughout the Florida Keys the County is responsible for providing and maintaining; and w (n WHEREAS,the need for a dedicated County Parks and Recreational Services Department > has escalated in recent years due to demands from County citizens for enhanced services; and Page 1 of 3 BOCC 11/20/19 CAD Res(kp) Packet Pg. 2507 WHEREAS, the County Administrator has determined creation of a Parks & Recreation Department as a separate department of County government to be in the best interest of the County; E W and M WHEREAS, the creation of an Emergency Management Department and a Parks & M Recreation Department as separate departments of the County requires the County's Table of It- Organization dated May 16, 2018 to be revised and approved by resolution of the Board; and WHEREAS, a copy of the proposed revised Table of Organization with the newly created Emergency Management Department and Parks&Recreation Department added is attached hereto X and incorporated by reference as "Exhibit A"; W NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: SECTION 1. Recitals. Each "WHEREAS" clause set forth herein is ratified and incorporated herein by this reference. SECTION 2. Monroe County Board of County Commissioners Action. The Monroe County Board of County Commissioners accepts the recommendation of the County 0 Administrator regarding the re-organization of County Departments to create an 4- 0 Emergency Management Department and a Parks & Recreation Department as 0 Z separate departments of County government and hereby adopts the Table of Organization as revised which is attached hereto and incorporated by reference herein as "Exhibit A". 0 U SECTION 3. Effective Date. This Resolution shall become effective upon adoption and shall 0 0 L- continue to be in full force and effect until modified or rescinded by subsequent r- 0 resolution of this Board. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, oth Florida, at a regular meeting held on the 2 day of November, 2019. T Mayor Mayor Pro Tem .2 Commissioner 0 Commissioner U) Commissioner W a. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA (SEAL) W ATTEST: KEYIN MADOK, CLERK (n Y® > W By: Mayor Deputy Clerk rTORNEY,,,, E MONROE COUNTY Al PRO T RM. Page 2 of 3 AP BOCC 11/20/19 CAI)Res(kp) < RT 9� M MUJNGE �R RT& IMLU R.r Packet Pg. 2508 JR. W r4y DOO Q.2.a "Exhibit A" w Table of Organization x a a a� a� Page 3 of 3 BOCC 11/20/19 CAD Res(kp) Packet Pg. 2509 LO CV V CV . CY a m �a .b a 0 W E VI c L b E' CL � wiu. rear a-j 3 w X � � L W Oa. W ii / �/ 4 � 2 v �Y v a� � ru/ � m +a r/ ..,..,.. y „, E r/// / /r C6 E .*i E E E ///iii r a ,, ti + j CL v Fryrye� s v � " I--I U C ci E, rr O � a o f w L //rrrr/rr/rr/rr/o m � � �,u � � c +� rrriiirrr�/I/ri irrrrarraooii�ir arrrrrrrrrrrrrrrr�i r � mv' "' � 3 rr r rr E s5 r�r O u // -0 m a v 0 / w / Ea / ow E n " s o c ° E e E c 4, 3 n% m: o a E gy E k t � , c ' a sl.W a© C U q k w w w a v E y c uu l 0 0 G. 0 0 W O c�,i � F.. „r�rr��l!�%l�� /!//��1���!�l�r, r.�rl����i��' /�r/lr�����a ,�arrrl✓ll��� rG�/r�rrGl����l(!��r' /l l %' ;o alge.L A4unoo 00,IuoW Oy; BUISIAOJ uoi4niosea ®3dWV1S ®3SIA3M o4uOwy3e44V � v ni �I -' `CN n CY « dz� a a n" _ ° 4 a � / u it/I r/arr it l% /t d �y Ks m `' 7m a all . }j ," /�j/ NDO CZA o ,Q a ; „nrrOMEs//rr�ii L 3 �iu4i l (, E m '/ CL w « O X, c N ma All r v a ciu� a„ a s /r�%' � ° aAa �5 Q c'0 couft4 6 P•z°""`"„`F�q Kevin Madok, CPA ;O so ............ Clerk of the Circuit Court&Comptroller—Monroe County, Florida ~Roe coup 4- 0 October 25, 2019 A Department of State Administrative Code&Register CL 500 S Bronough Street a Tallahassee FL 32399-0250 U) To Whom It May Concern, 0 Attached is an electronic copy of Ordinance No. 035-2019 amending Article I of Chapter 11 of the �s Monroe County Code,Emergency Management and Emergency Services,providing for extending periods of local states of emergency for up to 7 days,providing for a penalty for violating lawful orders issued during a declared state of emergency,providing for clarification of applicable law with respect to debris removal, creating Section I 1-3 to set forth the powers and duties of the Emergency Management Director,and creating Section 11-4 to define the roles of the Mayor,County Administrator,and Emergency Management Director; and providing for severability and an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting,held in formal session,on October 16, 2019. Should you have any questions,please feel free to contact me at(305)292-3550. o Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court&Comptroller& ex-officio to the Monroe County Board of County Commissioners by:Pamela G. Hancock, D.C. C) N LO d cc: Municipal Code County Attorney BOCC File E KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 2512 4- ORDINANCE NO. 035 - 2019 0 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 PERIODS OF LOCAL STATES OF EMERGENCY FOR UP ' TO 7 DAYS, a PROVIDING FOR A PENALTY FOR VIOLATING LAWFUL ORDERS ISSUED DURING A DECLARED STATE OF EMERGENCY, PROVIDING FOR CLARIFICATION OF APPLICABLE LAW WITH RESPECT TO DEBRIS REMOVAL,CREATING SECTION 11-3 TO SET FORTH THE POWERS AND DUTIES OF THE EMERGENCY MANAGEMENT DIRECTOR, AND CREATING SECTION 11-4 TO DEFINE THE ROLES OF THE MAYOR, COUNTY ADMINISTRATOR, AND EMERGENCY MANAGEMENT DIRECTOR; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. 0 WHEREAS, the State of Florida enacted Chapter 252 of the Florida Statutes, which provides for certain emergency management responsibilities for each County and its emergency E CD management director; and WHEREAS, the Board of County Commissioners of Monroe County ("the Board") adopted Ordinance No. 028-1987, which is currently codified in Article I of Chapter 11 of the Monroe County Code; and WHEREAS, Ordinance No. 028-1987 and Chapter 252, Florida_ Statutes, set for the foundational authority for the emergency management director; and N LO M WHEREAS, the Federal government developed the National Incident Management d 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 Page 1 of 6 Packet Pg. 2513 Q.2.b WHEREAS, the Board finds it necessary to clarify the roles of the Mayor, Mayor Pro 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 emergency management; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY A COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Section 11-1 of the Monroe County Code is hereby amended as follows: cu Sec. 11-1. - Authority of Mayor to declare state of local emergency. U) (a) For definitional purposes, a state of emergency shall exist whenever there is an occurrence or threat thereof, whether accidental, natural or caused by man, in war or in peace, that results in or may result in substantial injury or harm to the population and/or substantial damage to or loss of property. (b) The Mayor, Mayor Pro Tem, or the Sheriff shall have the authority to declare a state of local emergency in the County, after consultation with the emergency management director. The duration of a state of emergency is limited to seven days;but may be extended in up to 7 day increments by the Mayor or, in the absence of the Mayor, by the Mayor Pro Tem. (c) Failure to comply and promptly obey a lawful order issued during a state of emergency is unlawful and punishable as provided for in Section 1-8 of the County Code. (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 0 to protect the safety, health, and welfare of the public; eliminate immediate threat of significant 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. SECTION 2. Subsection (c) of Section 11-2 of the Monroe County Code is hereby amended as follows: N LO Sec. 11-2. -Disaster-generated debris removal. d (c) Removal of debris from private rights-of-way. Following issuance of a local Z declaration of emergency in accordance with F.S. Ch. 252, Monroe 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 applicable law, the County shall have the right of entry and authority to .. remove disaster-generated debris located within unincorporated Monroe 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 Page 2 of 6 Packet Pg. 2514 Q.2.b 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 0 sufficient to warrant removal of said debris based on one or more of the following factors: (1) There is a significant likelihood that rescue vehicles will be significantly hindered from rendering emergency services to residential and commercial property should the debris be allowed to remain in place absent County removal. (2) The type of debris is such that it may reasonably cause disease, illness, or sickness which could injure or adversely affect the health, safety, or general welfare of those residing and working in the area if it is allowed to remain. (3) The clearing is necessary to effectuate orderly and expeditious a� restoration of County-wide utility services including,but not limited to, water, sewer, power and telecommunications. (4) The debris prevents garbage collection thereby creating a public health and safety hazard. (5) The debris inhibits access to school buses and mass transit thereby interrupting recovery and normalization post-disaster. CO (6) The debris becomes a fire hazard which is susceptible to igniting 0. and causing damage to property and risking the safety of the public. (7) The debris causes obstruction to mail boxes restricting the public's access to send and receive important documents. 0 (8) The debris is likely to harbor vermin and reptiles that are potentially poisonous. (9) The debris contains contaminants which have a reasonable likelihood of leeching into the soil and/or aquifer of the county. (10) The debris has a substantial negative impact in preventing or E adversely affecting emergency repairs to buildings and/or property. CD (11) The debris presents a reasonable danger of being transported byLO cv wind and/or water into the surrounding areas of the County and CD thereby increasing the cost of recovery and removal. d (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. (14) The debris significantly interferes with drainage or water runoff, so as to be a significant hazard in the event of significant rainfall. Page 3 of 6 Packet Pg. 2515 (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. (16) The type, extent and nature of the debris is such that it would cause 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, is rendering the canals impassible or extremely dangerous to vessels,preventing movement down the canals by first responders as well as citizens in the area. [The remainder of Section 11-2 shall remain unchanged.] U) SECTION 3. Section 11-3 of the Monroe County Code is hereby created to read as follows: Sec. 11-3. - Emergency Management Director a� a. The County shall employ an Emergency Management Director who shall meet the requirements set forth in Chapter 252 and County policy. The Emergency Management Director shall be hired by the County Administrator subject to confirmation of the Board. �s b. The Emergency Management Director shall: 1. Report directly to the County Administrator and, during a declared emergency, to the Mayor or to the Mayor pro tem in the absence of the Mayor; 2. Supervise the Emergency Management Department; 0 3. Have the authority to direct the work of other Department Heads and other County personnel in the preparation of emergency management plans regardless of whether operating under a declaration of emergency; 4. During a declared emergency, direct and supervise all operations of County government including but not limited to: C) i. Issuing directives having the force and effect of law; cv LO M ii. Enter into contracts and purchase orders on behalf of the County having d a value less than $1,000,000; purchases of$1,000,000 and greater shall require concurrent approval of the County Administrator; iii. Hire and fire temporary personnel needed to carry out the work of the County during the time of the declared emergency, subject to the availability of funds; and iv. Suspend County personnel, including Department Heads, who fail to follow the lawful directives of the Emergency Management Director. Page 4 of 6 Packet Pg. 2516 5. Coordinate the Emergency Management Department's activities with the Fire Chief and the Fire Rescue Department; SECTION 4. Section 11-4 of the Monroe County Code is hereby created to read as follows: a� Sec. 11-4. -Roles during a declared state of emergency. a. The Mayor,or in the absence of the Mayor, the Mayor Pro Tem, shall: 0 1. Fulfill the role of Chief Elected Official in the National Incident Management System; and 2. Provide jurisdictional authority by executing the Declaration of Local State of Emergency and the Delegation of Authority to the Emergency Management Director. a� b. The County Administrator shall: 1. Fulfill the role of Agency Administrator in the National Incident Management System; �s 2. -Be responsible for administering policy established by the County U Commission having full authority for making decisions, and providing direction to the management organization for an incident; 0 3. Set the policy parameters that outline the authorities of the Incident Commander; and 4. Designate an Assistant or Deputy County Administrator to serve in the County Administrator's absence and whom shall possess the full authority of the County Administrator when acting as the County Administrator. c. The Emergency Management Director shall: 1. Fulfill the role of Incident Commander in the National Incident Management System; 2. Have full operational authority during a declared state of emergency to LO manage the crisis while working within the parameters set forth by the County Administrator; d 3. Designate an Assistant or Deputy Emergency Management Director to serve in the Emergency Management Director's absence and whom shall possess the full authority of the Emergency Management Director 0 when acting as the Emergency Management Director. Page 5 of 6 Packet Pg. 2517 Q.2.b 4- SECTION 5. Severability. If any section, subsection, sentence, clause, or provision of this 0 ordinance is held by a court of competent jurisdiction to be invalid, the remainder of this ordinance shall not be affected by such invalidity. A SECTION 6. Conflict. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. 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. U) PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th day of October , 2019. c a� Mayor Syliva Murphy Absent '� + ; Mayor Pro Tem Danny Kolhage Yes Commissioner Michelle Coldiron Yes ommissioner Heather Carruthers Yes A Commissioner David Rice Yes BOARD OF COUNTY COMMISSIONERS Atte EVIN MADOK, Clerk OF t ROE COUNTY,FLORIDA By �, By. Deputy Clerk Mayor J � LLJ CX •� A GY Cd cr_ t LO nJ Q=LL,'� MONR©E COUNTY ATTORNEY I-- W AP ®RM: c L.J C: -G� —1 ® '):� � `" c� RCQBERT :$HILLJNGER,JR. De n(I Page 6of6 Packet Pg. 2518 The Florida Keys 0n)y Daily Newspaper Est 1876 as sm PO flax 1600,Key West FL 33041 fa:(305)292.7777 exr, 219 F (305)295..8025 NLP I��TJ�t� � Le'rtg afS@keysnekN�S..coo G8 THE HISTORIC GATO BUILDING „��:��� �.rsw,Il�,i�Iw rb� ,G:�l7�I�i�� � 1100 SIMONTON T SUIIITE 2-20 U) KEEN" WEST FL 3300 Account 143331 Ticket: 312754 PUBLISHER'S ER'S AFFIDAVIT' ilk,Room STATE OF FLORIDA 0 NOTICE OF INTENTION TO CONSIDER MONROE' AVQFT1ONO_r%,QN _QPI�AN NOTICE 01F wIIUTON'tO C INSIDER7JVTY F .' m'C ��� Its NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on October 116, N�C�Nei„� personally� 11 Before t LI ersugne t �orlty� y eared I�p 2tI15 at 1:3p RIM.,or as soon thereafter t as may be heard,In the Marathon,Gov 2EME t 54`P�ti AT ,����� � A No ��� fat G ernment Center,2TVS Overseas Hilo.h• as y e r > _.. who on oath says that he or she is way,Marathon, Monroe County,Flori- eroma N Center, 27ENt cTrr�rseas wNiNgt ag dla,the Board of County Commisvoaners w0y�Mairathoo,NMMonroe CrwwwlmtY FNot aN Monroe Cauroty, Flloaida, intends to do'theBoaraNtfCaaxrntyCerw�rnwa6ler� „.. of Monroe Co Nraae�mds I w of the yr"a�^,l st Citizen,a daily nears- �a�r��oser the arw art'r r�6 the w�Noa�wir,g considor tlhea�� tbern et tN��t�VNr�w�aat � County ordinance County ofdinante. � paper published In Rey Wet n Monroe t�aunty, Florida, that the attached copy � of advertisment,bean a legal notice In the matter of ARTICLE 11 HPT° 1 T was CO NTY C ORDINANCE of THE BOARD M CAE AN ORDINANCE THE BOARD M F � � 9 COUNTY COMMISSIONERS OF MONm 1MdI"TY CCaMNMNSSfONIERE OF MON � published in said newspaper In the Tissues of, ROE COUNTY,, FLORIDA, AMENDING ROE COUNTY,, FLORIDA, AMENDS U ARTICLE I OF CHARTER 11 OF THE ARTICEE I OF CHAIPNER 111 Of TE L) MONROE COUNTY CODE,EMERGENCY MONROE COTNNTY CODE„EMEIRGEINt Q Wednesday, September 25,2019 " MANAGEMENT AND EMERGENCY SE'R" MANAGEMENT AND EMiRGENCY SE � VICES,PROVIDING FOR EXTENDING PE- VICES,PROVIDIING FOR EXTENDING? RIODS OF LOCAL STATES OF E'MERGEN• RiODS OVLOCAL STATES,Of EMERGE � CY FOR UP TO 7 DAYS,PROVIDING FOR CY FOR UP TCN F DAYS, O IDIING' A PENALTY FOR VIOLATING LAWFUL A PENALTY FOR VIOLATING LAVIFN Affiant further says that the Key"west Citizen Is a newspaper published III Key �sROER�w�ssuEo wa�RING A�Ect�REra �R�E� t q�Ed��Iq��IRN�N A E w q� 0 West, in said Monroe County Florida and that the said newspapers has hereto- STATE EMERGENCY,PROVIDING FOR STATE GEEMwEIR lE1NiC'Y��G'VIiIDINO,Et � fore been continuously published in said Monroe County, Florida every day,and CLARIFICATION OF APPLICABLE LAW CLAIIIIHI,ATIOIN OF APKICARLE 1A � WITH RESPECT TO DEBRIS REMOV- WITH RESPECT' TO DEBRIS RE'M1MMO rm has been entered as periodicals smatter at the post office in Key West„in said AL CREATING SECTION 11•3 TO SET AL CREATING SECT10qM1111,3710 S 0 Monroe County, Florida, for a period of 1 year(next preceding the first publication FORTH THE POWERS AND DUTIES Of FORTH THE POWERS AND IDIN Llts,y of the attached co of advertisement,and affiant fuarther says that he or she has THE EMERGENCY MANAGEMENT IOI- TINNiE EMERGENCY MANAGEMENT I C copy y RECTOR,AND CREATING SECTION 111.4 R;E'CTTOR,AND CREATING SECTwTTN T1 neither paid nor promised any person, firm or corporation any discount rebate, TO DEFINE THE ROLES OF THE MAYOR„ TO DEFINE THE IDLES OF YE � commission or refund for the purpose of securing this advertisement for publica- COUNTY ADMINISTRATOR,AND EMER- CO1019TYADMNNISFRATDRr AND EMI � GENCY MANAGEMENT DIRECTOR;AND GEIDCY IIIIEAN�E, ENT DwRECTOR ow tlon in the said newspaper. PROVIDING FOR SEVERARILITYAND AN PROtNMDNNG FOR SEVERARMId NY AND i EFFECTIVE DATE. EFFECTIVE DATE, Pursuant to Section 266,0105, Mori 0 Pursuant to Section 28601110S, Florida statutes notice isgiven that ifaPen 0 Q't ignature of Affiant) Statutes,nature is given that ud a personde Ildes to ape eat any decisloru made decides to appeal any decision made by e gal fR Mh,, t.en the Board with respect to any matter ��tdAreid etyar 'hearlNt s or, N A d d su so ed before me this th day of September 01g' conidered at such hearings or meet- uraRis„whe orNiN ImeFuN a re rri�of the p ings,he will creed a record of the pros- 0 raeding,M aind that,for sud,pumnPt � �aw ceedings, and that, for such purpose, he may need to onswwre that a ved CD /I IVhe away need to erasure that a verlkaa- tlrhtecorrToEtfe rareedingsIsma ey tiaaa aecord ow the proceedings is made, wh't'h record lint uo l dire teSUMIi (Notar bide hature) LO v h ch uecaud ncludes the tesudrnany and vPderarev an hrolrku Nay alpPaei rya and evidence upon vdfikh the appeal is to be based, to be based. 0 ,AD,A ASStST;AvV�°E.If tr are a per (Notary P'ub ac Printed Nauruet (Notary Seal) ADD A55d5TANCS.if you are a persona with a ddsab dhty w, o deeds spat Z y ii with a dd�sabddity w+ o creeds spedal accommodations in o�rddr W,par 0 hwt oOminl accommodations in order to partied= paw In NAds p�rooeedloEL,please ourr � sworn expires W . .n pate in this proceeding,please contact Nde,Cpotun A�Irrwdpdstratort oNdre, � the County Adrrarrar"strator"s Office, by p7porPrreE '�D 2EE"o�w41 be"t ein r phoning(305)292.4 41, between the bowhs rat R NN terra ,5;00 p,in,no hours of 830 4.m, -5 00 p.raa., no lat er w van Ndve fS caderridandays prio Personally Known Produced ldentlficatilon er Haan five(5)calendar days prior to tdae bedwrledwneeG�I °lN uwar h Q rise scdaeduled meerin}n if you are hear- doSP-.or eaadr wprad 9�opM 7tN Ing or wane hrrparred call '711°. Lowe dpted Capta�ndoR rs sw�idM VIP � Type of Identification Produced Closed Captioning is available via our D pmo at; R� � 4) web pordal 0P7 llFrpCktdtfCupwyt@. ' r; Ydt3ny A�t a:A fQM2,C92m for rrreelirags Of Mae Mon- a roe County Board of County Commis �dooers;; 1110 ynn Stamper srorarrs. DetedatlKey'4 t;TLoftdavAtiils Z 011��10P � �02 � spay West,i Florida, thi�wiZdth day apt 5palbea�tg� REVNN � Nert s 2 Hr�ettwmNtoA �CNob, FBI I ��a V•d � � ' � KEU'IN A���, ��ierl� �d n P,EoEiroGounty CoroIrmsNthomu �vr rm mwwwxvsw the Circuit Court and ex off Clerk of Bonded I Ann en"ol r Aarnro�e Cpu rr ,FfPrwdai the Board of County Cornrn��s�sion- D '25dE ers of Monroe County,Fiorida Packet P 2519 0912SP'NP Kev'W'West Citizen g' WEERN 11 ' 1 10 R E(",L I V E D m! INt ; Of c Ul iI�oko� "h , tide 10 0 Pea Published Weekly thiat on m 16�20f,19 iu seti, �� t1a0�L' r S rom u.,u�4 � N 45 Marathon,Monroe County, Florida thereafter*,s beh ar+ oama al fs6o With 4�tl�mr'OmC�L �'T' l&'7F: 0 cu rd PROOF E UBLICATI l moc �n,(j""k the nur oo�fd a arrWmm drroN r m STATE OF FLORIDA ha five �� d� �h , COUNTY OF MONROE r cto�r� � aw r jVt t�o � uledho �, Before the undersigned authority * d "�Nksmm are hmfh 1, o �t coin „r l� , 0, �8 � N mk personally appeared JA ON KQL R who taw m� � � on, oath, says that he is PUBLISHER of fTHE the WEEKLY NEWSPAPERS, a weekly U) newspaper published in Marathon, in PROVIDING FORi 'NO$ Date a, .� " N ,S oIF L STAn,$ t�� "a dl0 or ,Sept muwb er Monroetaunt , Florida: that the urn rm�tr�u�rc�ron�uN�„No attached copy of advertisement was PENAL' FOR VIO� TIN ,'LAWFUL ORDERS ISSUED ,irrm�oit7 DAM PROVOING FOR A, i�upri, 0 Okoffldo Clerk of the published in said newspaper in the IDUMN,GA urcL iRED kofay > OF EMERGENCY,PROMIE mmus� ammmmmr issues of:(date(s)of publication) FOR C IRWIC0 I O c ��r Wnam�r fed PPLuca� L r� d RrsPrcTTO iRN September2 ,2 � ce REMOVAL c�Rk n b � � kD Newspapers SECTION It-3 To,SET � FORTH THE INa w A 1 � 01010 OF THE EMERU c MEMrr 01tcTor ,AND CREVING,SECTION Affiant further says that the said WEEKLY KLY 11-4"V,DIER dr TLSL HOLES OF COUNTY 0 NEWSPAPERS is a, newspaper published MINSTRAI R,AND, o0 at Marathon, in said Monroe County, PR, jA;AN01PflOVJDfl l Florida,and that the said newspaper has rOR �IOR T u 0 heretofore been continuously published ' toSert'N I N�N Lms,Horido � In said Monroe County, Florida, once nd cW son made � each week (on Thursday) and has been spect E qualified as a second class mail matter at rrr�� m Nrm,,m,„ the post office in Marathon, In Monroe , m° County, Florida, for a period of one year ''r "mrl "al next preceding the first publication of the attached copy of advertisement.The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate„ commission or refund for the purpose of securing this advertisement for LO publication in the said newspaper(s)and that The Wegkly Newspapers is in full compliance with Chapiar 50, of the � u Florida State Statutes on Waal and ffmcia IAvr � mn .. S rn to andl s cribecl before me E ay of 01 u o�His (SEAL) z i yew f .�; MY COMMISSION#GG1835 "m as yew "'` Bonded Thmfu Nowy Pui Nk Notary Packet Pg. 2520 h�fle Key-Biq Pine Key-No Name Key-LOe,Middle 8 Big Torch Key-Ramrod Key-Summerland Key-Cudjoe Key-Sugarloal Key 0 0 10 A 30330 Overseas Highway P.O. Box 431639 Big Pine Key, FL 33,043 0- Phone: 305-872-01 06 Fax: 305-515-2939 0 AFFIDAVIT OF PUBLICATION RECEWED U) 0 STATE OF FLORIDA W COUNTY OF MONROE -Y CokjpgY ATTORNE Before the undersigned authority personally appeared Steve Estes, who on oath says that he is the Publisher for the Mews-Barometer, a weekly newspaper published each Friday in Big Pine Key, Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of: LEGAL NOTICE: INTENTTO CONSIDER ORD EMERGENCY MANAGEMENT: COUNTY ADMIIN- ISTRATOR, HISTORIC GATO BUILDING 1100 SIMONTON ST, SUITE 2-205, KEY WEST, FL 0 33040 was published in said newspaper in the issue(s) of: 0 September 27, 2019 Affiant further says that the News-Barometer is a weekly newspaper published in Bigi Pine Key, in E said Monroe County, Florida and that said newspaper has heretofore been continuously published in said Monroe County, Florida each week and has, been entered as, first-class, mail matter at the post office in IBig Pine Key, in said Monroe County, Florida, for a period of 1 year next preceeding the first publication of the attached copy of advertisement,- and affian't further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the pur- pose of securing this advertisement for publication in said newspaper. E W N Signature of can LO 6 Sworn and subscribed before me this 4TH Day of OCTOBER, 2019 z VV%OIV Signature of Nota VV~ S I I C Printed Name of Notar mOd%:IN R N~ G0`4581 0 Expires E Personally Known Produced Identification Type of Identification Produced ................ ...................... Packet Pg. 2521 Q.2.b Co 4- 0 Noll or mghway m is lostroo C ty" Honda, tbeBOA,'of"Coo,ty, omaii AN THE; 64Ao V1, PLO ;1, UNIf AC(AW �t ( �, tee " Co NOW WVNT � µ Purswintlo Sepon, St tutm t v4 , 01 t ,1;t 40 o f"th � �t �,�a l t � ' SO tom' C d I fit *bfNkmow WAY,EMIAM I Packet Pg. 2522 FLORIDA DEPARTMENT 0 STATE 0 ___,_,_,_, .,._,_,_,__,_ _______.N RON DESANTIS LAUREL M. LEE Governor Secretary of State 0 A a� 0 October 25, 2019 M U) Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pam Hancock 0 Dear Mr. Madok 0 Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 035-2019, which was filed in this office on October 25, 2019. Sincerely, Ernest L. Reddick Program Administrator LO ELR/lb d R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us Packet Pg. 2523