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Agenda 09/26/2017 Item #17I09/26/2017 EXECUTIVE SUMMARY Recommendation to adopt an ordinance amending Collier County Ordinance No. 84-37, As Amended, Codified in Chapter 38, Civil Emergencies, Article III, Declaration of State of Emergency, of the Code of Laws and Ordinances, to maximize the County’s opportunities for reimbursement under Federal Emergency Management Agency (FEMA) Public Assistance Program. OBJECTIVE: To maximize the County’s chances for reimbursement under the FEMA Public Assistance Program by establishing definitions and legal actions related to debris removal following a disaster or local emergency. CONSIDERATIONS: Collier County Ordinance No. 84-37 addresses the need to designate a County Official to declare a local state of emergency (as defined in Chapter 252, Florida Statutes) and authorize certain actions relating thereto when a quorum of the Board of County Commissioners (Board) is unable to meet. The Board subsequently amended Ordinance No. 84-37 by adopting Ordinance No. 2001-45, 2002-50, 2007-49, and 2011-34. The proposed amendment is to clarify the County’s responsibility to remove disaster -generated debris located within the County on County-owned property, County-owned roads, and private roads after the declaration of any state of emergency pursuant to this Ordinance and to add related definitions. The proposed language has been taken from Clay County’s Emergency Management Ordinance. Staff, as well as the County’s debris monitoring consultant, Tetra Tech, believes this language will maximize the County’s chance of reimbursement under the Public Assistance Program. FISCAL IMPACT: The cost to advertise this item was $387.44. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan with this Executive Summary. LEGAL CONSIDERATIONS: Prior amendments to Ordinance No. 84-37 were created by adding sections to the Code of Laws and Ordinances rather than by adding sections to Ordinance No. 84-37, the original “stand-alone” ordinance. The approach used in formatting the proposed ordinance amendment is consistent with the prior approach. Accordingly, this item is approved for form and legality and requires a majority vote for Board action. - JAB RECOMMENDATION: To adopt an ordinance amending Collier County Ordinance No. 84-37, As Amended, Codified in Chapter 38, Civil Emergencies, Article III, Declaration of State of Emergency, of the Code of Laws and Ordinances, to maximize the County’s chances for reimbursement under the Public Assistance Program. Prepared By: Dan E. Summers, Director, Bureau of Emergency Services ATTACHMENT(S) 1. CAO Stamped Ordinance Amending Chapter 38 - corrected (PDF) 2. Chapter 38 legal ad (PDF) 17.I Packet Pg. 3574 09/26/2017 COLLIER COUNTY Board of County Commissioners Item Number: 17.I Doc ID: 3781 Item Summary: Recommendation to adopt an ordinance amending Collier County Ordinance No. 84-37, As Amended, Codified in Chapter 38, Civil Emergencies, Article III, Declaration of State of Emergency, of the Code of Laws and Ordinances, to maximize the County’s opportunities for reimbursement under Federal Emergency Management Agency (FEMA) Public Assistance Program. Meeting Date: 09/26/2017 Prepared by: Title: Assistant County Attorney – County Attorney's Office Name: Jennifer Belpedio 09/20/2017 2:29 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 09/20/2017 2:29 PM Approved By: Review: County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/20/2017 2:35 PM Administrative Services Department MaryJo Brock Level 2 Division Administrator Review Skipped 09/20/2017 2:38 PM County Attorney's Office MaryJo Brock Level 3 County Attorney's Office Review Skipped 09/20/2017 2:38 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/20/2017 3:37 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/26/2017 9:00 AM 17.I Packet Pg. 3575 17.I.1 Packet Pg. 3576 Attachment: CAO Stamped Ordinance Amending Chapter 38 - corrected (3781 : County Reimbursement FEMA Public Assistance) 17.I.1 Packet Pg. 3577 Attachment: CAO Stamped Ordinance Amending Chapter 38 - corrected (3781 : County Reimbursement FEMA Public Assistance) 17.I.1 Packet Pg. 3578 Attachment: CAO Stamped Ordinance Amending Chapter 38 - corrected (3781 : County Reimbursement FEMA Public Assistance) 17.I.1 Packet Pg. 3579 Attachment: CAO Stamped Ordinance Amending Chapter 38 - corrected (3781 : County Reimbursement FEMA Public Assistance) 17.I.1 Packet Pg. 3580 Attachment: CAO Stamped Ordinance Amending Chapter 38 - corrected (3781 : County Reimbursement FEMA Public Assistance) 17.I.1 Packet Pg. 3581 Attachment: CAO Stamped Ordinance Amending Chapter 38 - corrected (3781 : County Reimbursement FEMA Public Assistance) 17.I.1 Packet Pg. 3582 Attachment: CAO Stamped Ordinance Amending Chapter 38 - corrected (3781 : County Reimbursement FEMA Public Assistance) 17.I.1 Packet Pg. 3583 Attachment: CAO Stamped Ordinance Amending Chapter 38 - corrected (3781 : County Reimbursement FEMA Public Assistance) 17.I.1 Packet Pg. 3584 Attachment: CAO Stamped Ordinance Amending Chapter 38 - corrected (3781 : County Reimbursement FEMA Public Assistance) 17.I.1 Packet Pg. 3585 Attachment: CAO Stamped Ordinance Amending Chapter 38 - corrected (3781 : County Reimbursement FEMA Public Assistance) 17.I.1 Packet Pg. 3586 Attachment: CAO Stamped Ordinance Amending Chapter 38 - corrected (3781 : County Reimbursement FEMA Public Assistance) 17.I.1 Packet Pg. 3587 Attachment: CAO Stamped Ordinance Amending Chapter 38 - corrected (3781 : County Reimbursement FEMA Public Assistance) 17.I.1 Packet Pg. 3588 Attachment: CAO Stamped Ordinance Amending Chapter 38 - corrected (3781 : County Reimbursement FEMA Public Assistance) 17.I.1 Packet Pg. 3589 Attachment: CAO Stamped Ordinance Amending Chapter 38 - corrected (3781 : County Reimbursement FEMA Public Assistance) 17.I.1 Packet Pg. 3590 Attachment: CAO Stamped Ordinance Amending Chapter 38 - corrected (3781 : County Reimbursement FEMA Public Assistance) 17.I.1 Packet Pg. 3591 Attachment: CAO Stamped Ordinance Amending Chapter 38 - corrected (3781 : County Reimbursement FEMA Public Assistance) 17.I.2 Packet Pg. 3592 Attachment: Chapter 38 legal ad (3781 : County Reimbursement FEMA Public Assistance)