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Ordinance 93-20 O~INANCve NO. 93- 20 ~ O~IN~CE E~LISHING ~E ~ ~ ~ DISAST~ ~Y TASK FORCE BY PROVIDING FOR~ SE~ION ONE, TITLE~ SE~ION ~O, P~OSE ~ I~$ SE~ION ~EE, D~IES~ SE~ION FO~, ~OSITION, ~I~ ~D T~S OF OFFICES SE~ION FIVE, R~OV~ ~OM OFFICE, FAIL~E TO A~ ME~INGS$ SE~ION SIX, OFFICERS QUOR~ ~D R~ES OF PROCED~E~ SE~ION S~, REIM- B~S~ OF ~P~SES$ SE~ION EIGHT, ~I~ PROCESS y SE~ION NINE, CONFLI~ ~D S~- BILI~$ ~D SE~ION T~, EFFE~IVE DATE. WHEREAS, the Collier County area is vulnerable to a variety ~: of natural or manmade hazards, including hurricanes, tropical i". storms and tornadoes, which result or may result in emergencies causing substantial injury or harm to the population or '~': substantial damage to or loss of property~ and :h~ WHEREAS, Chapter 252 Florida Statutes, provides the Board of ~." County Commissioners the authority to declare a state of local ~. emergency and to take actions necessary to insure the safety and well-being of its residents, visitors and property during jJ. emergencies caused by these hazards~ and ~= WHEREAS. Chapter 125 Florida Statutes, provides the authority .~. for the Board of County Commissioners to adopt ordtnances~ and WHEREAS, the Board of County Commissioners adopted the ;:'] Collier County Growth Management Plan (Ordinance No. 89-05) as :!.,. required by Chapter 163, Part II, Florida Statutes, end Rule 9J-5, Florida Administrative Code, on January 10, 1989~ and :i. WHEREAS, Goal 13 of the Growth Management Plan requires the =~.., County to make every reasonable effort to ensure the public :~!~ safety, health and welfare of people and property from the effects i~:~.' of hurricane storm damage~ and ~ WHEREAS, Objective 13.3 of the Growth Management Plan requires the County to appoint a Task Force that will plan and guide a unified County response to post-hurricane disasters~ and ~ WHEREAS, Policy 13.3.2 of the Growth Management Plan requires the Board of County Commissioners to activate the Task Force after ~" a hurricane event~ and ~'[" WHEREAS, Polic~ 13.3 of the Growth Management Plan sets forth ,] the composition of the Task Force; and WHEREAS, Policy 13.3.4 of the Growth Management Plan requires the Task Force to review and decide upon emergency building . permits, coordinate with state and federal officials to prepare ~' disaster assistance applications, analyze and recommend to the Board of County Commissioners hazard mitigation options, including reconstruction or relocation of damaged public facilities, and ~\ prepare recommendations for amendments to the Growth Management =' Plan, Peacetime Emergency Plan and other appropriate policies and procedures; and WHEREAS, it is the intent of Collier County to take reasonable action to guide redevelopmeat activities during the response and recovery period following major emergencies such as tropical storms and hurricanes. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida thatl ~ This Ordinance shall be known as the Collier County Disaster : Recovery Task Force Ordinance. ~= Purpose and Intent. ~"" 'It is the intent of the County to establish, prior to a storm event or emergency, a recovery task~ force which will oversee the ,,. recovery and reconstruction process and serve as an advisory ~i' committee to the Board of County Commissioners on recovery and · reconstruction issues. This b~dy will also identify opportunities '. ~ to mitigate future damages through the management of recovery and :; reconstruction. To further this intent, the County will make ~'~ every effort to develop its capacity to identify and coordinate various post-disaster recovery and reconstruction resources while, :. at the same time, ensuring maximum local control over the recovery and reconstruction process. :... .. ~-.. ~:.,," Following a damaging: storm event or emergency, sufficient " time ~ust be provided to conduct a damage assessment, classify and i::'!" categorize individual structure damages and to conduct an '~ evaluation into the effectiveness and enforcement of the existing I!j Collier County Building Code. It is further the intent of the ~' County to allow rebuilding and reconstruction in an orderly manner '~!' as well as the control of the issuance of building permits in ~: order to manage the location, timing, and sequence reconstruction and repair. ~',,' KZ~LT~I~.~Zx Duties Of Recovery Task Force. A. Planning Role of Task Force. The task force shall meet i<)' on a continuing and regularly scheduled basis to discuss its ::" specific rules and responsibilities in accordance with the Goals, ~U.' Objectives and Policies of the Hurricane Sub-Element (Goal 13 and !.. related objectives and policies) of the Collier County Growth ~.. Management Plan, this Ordinance and related issues associated with recovery from a major storm event. This includes, but is not limited to, the preparation of e redevelopmane plan for the CountyJ the development of policies for redeveloping land areas that have sustained repeated .damage from hurricanes~ the development of priorities for relocating and acquiring damaged property~ the establishment of special committees and !..,: subcommittees within the task force to deal with specific issues i!V!. during the disaster recovery procass~ the establishment of :'.:! criteria to determine reconstruction and rebuilding priorities~ the development of procedures that promote the mitigation of future disaster damage through .activities carried out during recovery and reconstruction~ and the recommendation of changes to ,r, the Peacetime Emergency Element of the Collier County Comprehen- ,;!l sive Emergency Plan and the Collier County Growth Management Plan. B. Activation of Recovery Task Force. For poet-disaster ', responsibilities, the Recovery Task Force shall be activated and mobilized upon request by the Board of County Commissioners. - 3 - C. Responsibilities.. of the Recover~ Task Force. The Recovery Task Force shall be responsible for advising the Board of County Commissioners on a wide range of post-disaster recovery, reconstruction and mitigation issues. The Recovery Task Force shall have the following responsibllitiest 1. To receive and review damage reports and other analysis of post-disaster circumstances and to compare these circumstances with mitigation opportunities identified prior to the disaster to determine appropriate areas for post-disaster change and innovation. Where needed, the Recovery Task Force may review alternative mechanisms to bring these changes about and recommend the coordination of internal and external resources for achieving these ends. 2. In addition to the responsibilities above, the Recovery Task Force shallz a. Initiate recommendations for the enaotment, repeal or ex~cension of emergency ordinances and resolutions for consideration. b. Review the nature of damages, identify and evaluate alternate program objectives for repair and reconstruction activities, and formulate recommendations to guide community recovery. c. Formulate special committees and sub-committees as the situation warrants. d. Recommend zoning changes in the areas of damage, when deemed appropriate. e. Recommend the imposition of any building moratorium that may be warranted as a result of the disaster. f. Recommend land areas and land use types that will receive priority in recovery. g. Recommend blanket reductions in non-vital zoning regulations and development standards (e.g., buffering, open space, Side setbacks, etc.) to minimize the need for . individual variances or compliance determinations prior to reconstruction, h. Recommend procedures to document actual uses, densities and intensities and compliance with regulations in effect at the time of construction, through such means as photographs, diagrams, plans, affidavits, permits, appraisals, tax records, eto. I. Evaluate hazards and the effectiveness of mitigation policies and recommend amendments to those policies if necessary. J. Reconmend land areas for the redevelopmerit of land uses that sustained or have sustained repeated damage from hurricanes and tropical storms. k. Initiate recommendations for relocation and acquisition of property. 1. Initiate a property owner notification program to inform non-resident property owners of damage to their property and any post-disaster conditions and requirements imposed by the County. m. Participate in federal and state hazard mitigation planning. n. Initiate hazard mitigation projects or recommend programs for consideration in state or federal funding. o. Evaluate damaged public facilities and formulate alternative mitigation options (i.e., repair~ replacement, modification or relocation). p. Participate in the preparation of a redevelopment plan in conjunction with other federal, state and local emergency officials. q. Review emergency actions and recommend amendments to= 1) the Peacetime Emergency Element of the Collier County Comprehensive Emergency Plan~ 2) Emergency Operations Center ' s Standard Operating Procedurs~ and 3} the Collier County Growth Management 'i Plan. ~'~ .' · r. The Recovery Task Force may recommend any changes in the Collier County Growth Management Plan, Land Development Code, or any other ordinance which deems necessary or advisable in order to prevent reCtlrEenoe oE damages. ~x Composition, Appointment, Terms Of Offics Of ~:~' Recovery Task Force. i~!.~' 1, Composition of Recovery Task Force, The Recovery Task Force will be composed of the individuals that reflect a · ~.~.' broad-based representation of community interests, The Recovery Task Force shall consist of the following 'i~' individuals, or their respective designees~ . a, county community Development Administrator ri~', b, County Attorney ~ c, County Current Planning Services Manager -.' d, County Building and Permitting Director i!.:'-' e, County Emergency Management Director ~'." f, County Real Property Management Director g, County Solid Waste.Director ~=~. h, County Water Management Director ,.:., i. County TranspOrtation Services Administrator J, County Utilities Administrator k, County Property Appraiser Liaison 1, County Sheriff Liaison m, City of Naples Liaison n. City of Everglades Liaison o. Big Cypress Basin Board Liaison ~, p, Southwest Florida Regional Planning Council Liaison 2i,. q. County Planning Commission Liaison '~"ff" r, Collier County Building Industry Liaison [ s. Florida Power & Light Liaison " j:. ';~j! t. Lee County Electric Cooperative Liaison ,' u. Southern States Utilities Liaison ,, v. Florida Cities Utilities Liaison ~' w. Waste Management of Celllet County Llatson , x. United Telephone Service Liaison y. Collier County Chamber of Commerce Liaison i z. School District of Collier County Liaison ~i'.i 2. Appointment of Rscovery Task Forcam a. The Recovar~ Task Force shall be composed of .,'::,' twenty-six (26) members. ~:i:~ b. Members of the Recovery Task Force shall be appointed by and serve at the pleasure of the Board of County Commissioners. Those individuals acting as liaisons to the Recovery Task Force from other governmental or private agencies shall be appointed by that agency, which appointment shall be ratified by the Board of County Commissioners. c. Appointment or ratification of members of the Recovery Task Force shall be by resolution of the Board :.~ of County Commissioners, which resolution shall set forth the date of appointment and term of office. 3. Terms of Office. The initial terms of office of the Recovery Task Force members shall he as follows: a. Eight members shall serve for two (2) years. b. Nine members shall serve for three (3) years. c. Nine members shall serve for four (4) years. Thereafter, each appointment shall be for a term of four (4) years. ~: Removal From Office; Failure To Attend Meetings. 1. Any member of the Board may be removed from office, with i,'. or without cause, by a majority vote of the Board of County Commissioners. 2. If any member of the Board fails to attend two (2) consecutive Board meetings without a satisfactory excuse or if a member is absent from more than one-half of the Board's meetings in a given fiscal year, the Board shall declare the member's seat to be vacant and the vacancy shall be filled by the Board of County Commissioners. 2J~,.C~jLQiL.2~; Officers, Quorum, Rules of Procedure: 1. Annually the membership of the Recovery Task Force shall elect a chairman and a vice-chairman from among the members. Officers' terms shall be for one (1) year with eligibility for 2. The presence of fourteen (14) or more members shall constitute · quorum of the Task Force necessary to take action and transact business. In addition, an affirmative vote of fourteen (14) or more members shall he necessary in order to take official action regardless of whether fourteen (14) or more members of the Commission are present at the meeting. 3. The Task Force, by majority vote of the entire membership, shall adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Cop~es of all Task Force minutes, resolutions, reports and exhibits shall be submitted to the Board of County Commissioners. ~: Reimbursement of Expenses. Members of the Task Force she1! serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of Count~ Commissioners. ~[aZ~X~rj~d~= Review Process. This Task Force shall be reviewed once every four (4) years commencing in 1997, in accordance with the procedures contained in Collier County Ordinance No. 86-41, as may be amended from time to time. ~a~~ Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more BOOK p ~ ,, · restrictive shall apply.. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of (, competent ~urisdic~ion, such portion shall be deemed a separate, ~;, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. ~is Ordinance shall ~come eZZective upon receipt oZ notice Zrom ~e Secr6ta~ o~ State ~at ~ls Ordinance has been Zlled //.' wl~ ~e Secre~a~ of State. · ~ P~S~ ~ D~Y ~ by ~e Board of County Co~issioners ," of Collier County, Florida, ~ls ~ day of April , 1993. ;,~,., ~ O ~ ~SSIO~ : . ~aimn as to fo~ and legal ~fficien~x Coun~ Attorney ~ ~ S~reta~ Of S~ate'l Of~ce dof :~"' ~~ t~ : ;,~.-- ~l ~ k · 060,132 BOOK PaC -9 - OF FL0klDA ,COUNTY OF COLLIER I. DWIGHT X. BROCK, Clerk o~ Courts in and ~or the Twentieth ~udicial Circuit, Collier County, Florida, do hereby csrtiZy that the foregoing is a true copy o~2 Ordinance No. 93-20 which was adopted by the Board o~ Couniy Commissioners on '~;'- 'the 27th day of April, 1993. during Regular Session. ~/ WITNESS my hand ~d the official seal o~ the Board o~ Co~ty Co~lssioners o~ Collie~ Gouty. Florida. this 29th :.~ ,j. day o~ April, 1993. '~'~' DWIGHT X. BROCK ~ ...'Z...'~' "... ~'. Clerk o~ Courts ~d Cl~'i;~'. ;'~.' ,'~,. '.. ~' Ex-o~fic.to to Board o~ ~(". ;?j: ..' .~ , ~ ~ Co~ty Co~issioners ~:: ..~.':.' '.:~:~'~..; ~ Deputy Clerk 133