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Agenda 09/11/2012 Item #16E 4EXECUTIVE Recommendation to adopt the Compreh Collier County and its Municipalities. 9/11/2012 Item 16.E.4. Y Emergency Management Plan for OBJECTIVE: To adopt the attached Resolution approving the Collier County Comprehensive Emergency Management Plan (CEMP) for Collier County. CONSIDERATIONS: Chapter 252, Florida Statutes requires this plan. Although it is updated locally each year, the Florida Division) of Emergency Management ( "State ") reviews and approves it every four years. The State has approved the CEMP finding it in compliance with the Florida Administrative Code. Staff from all the Collier County Divisions, Everglades City, the City of Marco Island, the City of Naples, the Sheriff's Office, the Schools, and the Fire Districts had opportunities to participate throughout the re -wri�e process. Additionally, the draft plan has been posted on the Emergency Management Iwebsite since January 2012 along with the current one, for comment. Having an approved CEMP provides all participating jurisdictions with a standard for responding to disaster situations that complements the State's CEMP. The attached CEMP represents the fruits of our labor during the past 48 months. In addition to obtaining approval from the three municipalities, we sought input from private non - profit organizations who partner with the emergency response organizations during disasters. A copy of the approved plan is available for review by members of the public at the Clerk of Court's Office located on the 0' Floor of Building F, at the Government Center, 3299 Tamiami Trail East, Naples. Once the Resolution is approved, a copy of the adopted CEMP will be submitted to the State. GROWTH MANAGEMENT: There is no grov h management impact associated with this executive summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Rule 27P -6.006 (10), Florida Admin ,istrative Code, provides that "After a determination that a County Comprehensive ',Emergency Management Plan is in compliance... the approved plan must be adopted!,by resolution of the governing body of the jurisdiction within 60 days of receiving notifi0ation of compliance from the Division before it becomes the Comprehensive Emergency Management Plan for such local government." The County received this determination by letter dated August 1, 2012. Accordingly, this matter is both legally sufficient'', and ready for action by the Board. A majority vote is required for adoption. -JAK FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. Packet 22 Page -3 g � 9/11/2012 Item 16.E.4. RECOMMENDATIONS: That the Board of County Commissioners approves the attached Resolution adopting the Comprehensive Emergency Management Plan for Collier County. Prepared by: Richard Zyvoloski, Emergency Management Coordinator, Emergency Management Department Packet Page -3223- 9/11/2012 Item 16.E.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.E.4. Item Summary: Recommendation to adopt the Comprehensive Emergency Management Plan for Collier County and its Municipalities. Meeting Date: 9/11/2012 Prepared By Name: BoniChristine Title: Administrative Assistant, Senior, 8/21/2012 1:13:56 PM Submitted by Title: Director - Bureau of Emergency Services, Name: SummersDan 8/21/2012 1:13:57 PM Approved By Name: KlatzkowJeff Title: County Attorney Date: 8/23/2012 10:43:58 AM Name: SummersDan Title: Director - Bureau of Emergency Services, Date: 8/23/2012 1:59:18 PM Name: PriceLen Title: Administrator, Administrative Services Date: 8/29/2012 1:46:42 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 8/29/2012 3:25:04 PM Name: KlatzkowJeff Packet Page -3224- Title: County Attorney Date: 8/29/2012 3:28:55 PM Name: SheffieldMichael 9/11/2012 Item 16.E.4. Title: Manager- Business Operations, CMO Date: 8/31/2012 10:15:56 AM Packet Page -3225- 0 9/11 /2012 Item 16.E.4. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT Govemor August 1, 2012 Mr. Dan E. Summers, Director Collier County Department of Emergency Management 8075 Lely Cultural Parkway, Suite 445 Naples, Florida, 34113 CERTIFIED MAIL — RETURN RECEIPT REQUESTED Dear Director Summers: BRYAN W. KOON Director In accordance with the provisions of Rule Chapter 27P -6, Florida Administrative Code (FAC), the Florida Division of Emergency Management (FDEM) has completed its review of the Collier County Comprehensive Emergency Management Plan (CEMP). The review team has determined that your plan meets the CEMP compliance criteria. We hope that the comments and discussions the review team had with you and your staff during the review will assist you in future planning efforts and enhance the update of your CEMP. The approved plan must now be adopted by resolution by the Board of County Commissioners within 60 days in accordance with Rule 27P - 6.006(10) FAC. You must forward a copy of the adoption resolution and an electronic copy of the adopted plan to FDEM to complete compliance. Failure to adopt the plan by resolution within 60 days will result in a letter of non - compliance unless an adoption extension is requested in accordance with Rule 27P - 6.006(10) FAC. FLORIDA RECOVERY OFFICE - DIVISION HEADQUARTERS - STATE LOGISTICS RESPONSE CENTER 5900 Lake Ellenor Drive 2555 Shumard Oak Boulevard 2702 Directors Row Orlando. FL 32809 -4634 Tallahassee, FL 32399 -2100 Orlando, FL 32809 -5631 TeL 85C, Packet Page - 3226 -'8 -1016 9/11/2012 Item 16.E.4. Mr. Dan Summers August, 1, 2012 Page Two If you have any questions or need additional information regarding the plan's approval, please contact your review team leader, Rachel Sparling, at (850) 413 -9927 or by email: rachel .sparling @em.myflorida.com. Sincerely, Linda M6Nhorter, Chief Bureau of Preparedness LM /br /rs cc: Fred Coyle, Chairperson of BOCC, Collier County Jim Roberts, DEM — Regional Coordination Team Leader Patrick Fuller, DEM — Regional Coordinator John Gibbons, RPC Representative Leo Lachat, DEM — Recovery Miles Anderson, DEM — Mitigation Rachel Sparling, DEM — CEMP Program Coordinator Packet Page -3227- 9/11/2012 Item 16.E.4. RESOLUTION NO. 2012 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING THE COLLIER COUNTY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN. WHEREAS, Chapter 252, Florida Statutes, sets forth a comprehensive program for Emergency Management throughout the State of Florida; and WHEREAS, Section 252.38, Florida Statutes, authorizes and directs each county to establish and maintain an emergency management agency and develop a county emergency management plan and program that is coordinated and consistent with the State emergency management plan, and WHEREAS, Rule 27P- 6.006, Florida Administrative Code, requires a review at a minimum of every four years of the County's Comprehensive Emergency Management Plan by the Florida Division of Emergency Management to determine the County Plan's compliance with the applicable State criteria; and WHEREAS, the Collier County Emergency Management Department received a letter dated August 1, 2012, from the Florida Division of Emergency Management stating that the Collier County's Comprehensive Emergency Management Plan is in compliance with Rule 27P -6, Florida Administrative Code; and WHEREAS, Rule 27P -6.006 (10), Florida Administrative Code, provides that "After a determination that a County Comprehensive Emergency Management Plan is in compliance... the approved plan must be adopted by resolution of the governing body of the jurisdiction within 60 days of receiving notification of compliance from the Division before it becomes the Comprehensive Emergency Management Plan for such local government." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that Collier County's Comprehensive Emergency Management Plan is hereby adopted. THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same, this 1 l th day of September, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Packet Page -3228- 9/11/2012 Item 16.E.4. 27P -6.006 County Comprehensive Emergency Management Plans - Review by Division. (1) The provisions of this section shall apply to the Division's initial review of County Comprehensive Emergency Management Plans, and review of plans revised as a result of a determination by the Division that a county comprehensive emergency management plan is not in compliance with the terms of this chapter. (2) The Division shall review each county comprehensive emergency management plan at a minimum of every four years and shall offer the affected regional planning council an opportunity to participate in the review. The Division shall review the county plan in accordance with the criteria CEMP -001 and CEMP -002. The Division shall provide notice of its intent to review a County Comprehensive Emergency .Management Plan at least 60 days prior to initiation of the review. Within 30 days of receipt of this notification the county shall provide to the Division three copies of the plan to be reviewed with three copies of the completed compliance criteria. The county may waive the 60 day review notification. Upon receiving notification of the intent to review, the county and the Division shall coordinate to finalize the Capabilities Assessment prior to the date of the plan review. The Division will provide the county with the results of its review and its finding as to the compliance of the plan within 60 days of its initial review. If the Division finds the county plan meets the requirements of this chapter, it shall issue a notice of compliance. (3) If the Division finds that a county plan does not meet all of the criteria established in this chapter the Division shall withhold a notice of compliance and issue an official notification by certified mail specifically stating the reasons the plan does not meet the criteria. Upon receipt of the official notification, the county shall either: (a) Within 60 days, revise its plan, notify the Division of the changes and make the changes available to the Division for review; or (b) Within 60 days develop a workplan to be approved by the Division which addresses all changes necessary for compliance and a timetable for completion; or (c) In accordance with Section 120.57, F.S., request an administrative proceeding regarding the Division's non - compliance determination within 21 days of receipt of the determination. (4) If the county does not submit a revised plan, or a workplan 60 days after the receipt of the official notification or request an administrative hearing the Division shall issue a notice of non - compliance specifically stating the reasons for non - compliance. Upon receipt of the notice of non - compliance the county shall either: (a) Within 30 days revise the plan, notify the Division of the changes and make the changes available to the Division for review; or (b) In accordance with Section 120.57, F.S., request an administrative proceeding regarding the Division's non- compliance determination within 21 days of receipt of the determination. (5) If upon the submittal of the revised plan, either after the 60 days allotted or upon completion of the workplan, the Division finds that the revised plan is not in compliance, the Division shall issue a notice of non - compliance, specifically stating the reasons for non- compliance. Upon receipt of the notice of non - compliance the county shall either: (a) Within thirty days revise the plan, notify the Division of the changes and make the changes available to the Division for review; or (b) In accordance with Section 120.57, F.S., request an administrative proceeding regarding the Division's non - compliance determination within 21 days of receipt of the determination. (6) If the workplan is not completed in the time frame established, the Division shall issue a notice of non - compliance specifically stating the reasons for non - compliance. Upon receipt of the notice of non - compliance, the county shall either: (a) Within 30 days revise the plan, notify the Division of the changes and make the changes available to the Division for review; or (b) In accordance with Section 120.57, F.S., request an administrative proceeding regarding the Division's non - compliance determination within 21 days of receipt of the determination. (7) All requests for an administrative proceeding shall be filed in accordance with Section 120.57, F.S., and Rule Section 28- 106.201, F.A.C. Failure to request an administrative proceeding within the time frames noted above and failure to request an administrative proceeding in accordance with this chapter shall constitute a waiver of the opportunity to contest the non - compliance determination. (8) If the Division is unable, for any reason, to provide notice to the county regarding the results of its review within 60 days, it will forward a notice to the county stating its intent to extend the review period for the specifically identified time period necessary to provide notice. AN* Packet Page -3229- 9/11/2012 Item 16.E.4. (9) In order to ensure that County and Municipal Comprehensive Emergency Management Plans can be implemented in the event of a disaster or emergency, each agency assigned responsibility in the plan must coordinate the development of implementation procedures. The jurisdiction promulgating the plan shall document this coordination. (10) After a determination that a County Comprehensive Emergency Management Plan is in compliance with the terms of this chapter the approved plan must be adopted by resolution of the governing body of the jurisdiction within 60 days of receiving notification of compliance from the Division before it becomes the Comprehensive Emergency Management Plan for such local government. If the county is unable to adopt the plan within 60 days the county may request in writing to the Division, stating just cause, an extension of no more than an additional 90 days to adopt the plan. Adoption must occur, at a minimum, every four years. Notification of the date of adoption shall be sent to the Division. Failure to adopt, to notify the Division of an adoption date or make available for review a revised plan will constitute non - compliance. Upon adoption of the plan, the county shall submit a copy of the adopted plan to the Division. Rulemaking Authority 120.57, 252.35(2)(b), (x) F.S. Law Implemented 120.57, 252.35(1), (2)(a), (b), (c), (d) FS. History —New 1- 18 -81, Amended 2- 24-85, Formerly 9G -6.06, Amended 2 -5 -91, 5- 11 -95, 2- 11 -01, Formerly 9G- 6.006 Packet Page -3230-