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Backup Documents 09/26/2017 Item #17I Amending Ord. 84-37 9/26/17 1 ? I • , Debris Management COLLIER COUNTY FLORIDA - �F,, REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS . . To: Clerk to the Board: Please place the following as a: ''1 \� XXX Normal legal Advertisement D Other: (Display Adv.,location,etc.) Originating Dept/Div Bureau of Emergency Services Person: Dan Summers Date: : c/j / Petition No.(If none,give brief description): Ordinance—Amending No.84-37 Name&Address of any person(s)to be notified by Clerk's Office: (If more space is needed,attach separate sheet) See Above Hearing before BCC BZA Other Requested Hearing date:(Based on advertisement appearing 10+days before hearing.)September 26,2017(ad to run no later than THURSDAY,September 14,2017) Newspaper(s)to be used: (Complete only if important): XXX Naples Daily News ❑ Other XXX Legally Required Proposed Text: (Include legal description&common location&Size: 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 CHANCE OF REIMBURSEMENT UNDER THE PUBLIC ASSISTANCE PPROGRAM; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any&proposed hearing date: N/A Does Petition Fee include advertising cost?❑ Yes XXX No If Yes,what account should be charged for advertising costs: PO# Reviewed by: Division Administrator or Designee Date List Attachments: Proposed Ordinances DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ Requesting Division ❑Original ❑ County Manager agenda file: to Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE O : Date Received:_ S (+Date of Public hearing: 61 6l1. Date Advertised: ' 1 1 5/1 a- 1 ? ! Ann P. Jennejohn From: HeinrichsbergKathy <KathyHeinrichsberg@colliergov.net> Sent: Wednesday, August 30, 2017 4:34 PM To: Minutes and Records Cc: Boni, Christine; Summers, Daniel; Neet, Virginia; Cox, Michael Subject: Request for Advertising Ordinance Debris Management.pdf Attachments: Request for Advertising Ordinance Debris Management.pdf Good afternoon, Please find the attached Request to Advertise the pending Ordinance for Debris Management FEMA Reimbursement. This item is to be heard on September 12, 2017. If the BCC passes, please process for advertising according to the Request, if the BCC denies or withdraws, please cancel. Christine Boni, our Accountant has a PO pending for the cost of this and as soon as she gets the number she will send to minutesandrecords@collierclerk.com If you have any questions, or need further assistance, please call Dinny Neet in the County Attorney's Office at 252-8066. Thank you, Kathy Xathy 3-Ceinrichsberg Executive Secretary to Director Dan Summers Collier County Emergency Management 8075 Lely Cultural-Parkway Naples, g'C34113 (239)-252-3622 kathyhe inrichsberg@coCCiergov.ne t ® COLLIER72 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 17 1 Ann P. Jennejohn From: Ann P. Jennejohn on behalf of Minutes and Records Sent: Thursday, August 31, 2017 9:18 AM To: Heinrichsberg, Kathy Subject: RE: Request for Advertising Ordinance Debris Management.pdf Hi Kathleen, As soon as the BCC approves the advertising and we receive the PO* we'll process your request Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustment Hoard Collier County 13oard Minutes & Records Dept. 239-2.52-8406 Fax 239-252-8408 From: HeinrichsbergKathy [mailto:KathyHeinrichsberg@colliergov.net] Sent: Wednesday, August 30, 2017 4:34 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: Boni, Christine <ChristineBoni@colliergov.net>; Summers, Daniel <DanielSummers@colliergov.net>; Neet, Virginia <VirginiaNeet@colliergov.net>; Cox, Michael <MichaelCox@colliergov.net> Subject: Request for Advertising Ordinance Debris Management.pdf Good afternoon, Please find the attached Request to Advertise the pending Ordinance for Debris Management FEMA Reimbursement. This item is to be heard on September 12, 2017. If the BCC passes, please process for advertising according to the Request, if the BCC denies or withdraws, please cancel. Christine Boni, our Accountant has a PO pending for the cost of this and as soon as she gets the number she will send to minutesandrecords@collierclerk.com If you have any questions, or need further assistance, please call Dinny Neet in the County Attorney's Office at 252-8066. Thank you, Kathy .Kathy 3-feinrichsberg Executive Secretary to Director Dan Summers Collier County Emergency Management 8075 Lery CuCturaCParkway Naples, ff34113 (239)-252-3622 1 17I EXECUTIVE SUMMARY Recommendation to advertise 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: There is no fiscal impact associated with this item. 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 advertise 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 171 ORDINANCE NO.2017- 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 CHANCE OF REIMBURSEMENT UNDER THE PUBLIC ASSISTANCE PROGRAM, PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County Ordinance No. 84-37 addressed 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;and WHEREAS, the Board subsequently amended Ordinance No. 84-37 by adopting Ordinance Nos.2001-45,2002-50,2007-49,and 2011-34;and WHEREAS,this 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 add related definitions;and. WHEREAS, the Board finds that this amendment will maximize the County's chance of reimbursement under the Public Assistance Program. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: ORDINANCE NO. 84-37, AS AMENDED, AND CODIFIED IN SECTIONS 38-56 THROUGH 38-71 OF THE CODE OF LAWS AND ORDINANCES, ARE HEREBY AMENDED AS FOLLOWS AND SECTION 38-72 IS HEREBY ADDED AS SET FORTH BELOW: Section 38-56. Intent. It is the intent of the County to designate a County official to declare a local state of emergency and to authorize certain actions relating thereto when a quorum of the Board of County Commissioners is unable to meet. For the purpose of this Ordinance, "emergency" is defined as provided in Chapter 252, Florida Statutes as follows: any occurrence, or threat thereof, whether accidental,natural or caused by man,in war or in peace,which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. Words naming are added;words iYrrs& broo It we deleted. Page 1 of 16 171 Section 38-57. Definitions. [The following words,terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning:] (1) "Abandoned vehicle"means any vehicle meeting the definition of abandoned property,as defined in Section 705.101,Florida Statutes,that is left,stored or abandoned: (a) In a wrecked, inoperative, junked, partially dismantled, sunk, flooded or contributing to an uncontrolled release of fuel or hazardous materials upon the public property of the County. (b) On any roadway of the county without the consent of the agency having jurisdiction thereof. (c) Left,stored,abandoned,junked,partially dismantled,sunk,flooded or contributing to an uncontrolled release of fuel or hazardous material, upon the property of another without the consent of the owner of the property. (2) "County work forces"means officers.ersnplovees,and its of the county including.but not limited to,contractors retained by the county to push. remove. store. or .'se of slisaster-generated debris or to otherwise act in response to the implementation of the county's disaster-generated debris removal management plan. (3•}Q "Derelict Vessel"means any vessel,as defined in Section 327.02,Florida Statutes,that is left,stored or abandoned: (a) In a wrecked,junked or substantially dismantled condition upon any public waters of the county or county property or right of way. (b) At any port, dock, or mooring of the county without the consent of the agency having jurisdiction. (c) Docked, grounded or beached upon property of another without consent of the owner of the property. (3)(41 "Disaster" means any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by the county, the Governor,or the President of the United States.Disasters shall be identified by the severity of resulting damage,as follows: (a) "Catastrophic disaster" means a disaster that will require massive state and federal assistance,including immediate military involvement. (b) "Major disaster" means a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance. (c) "Minor disaster"means a disaster that is likely to be within the response capabilities of local government and to result in only a minimal need for state or federal assistance. Words llakdimd a added;words are deleted. Page 2 of 16 171 (51 "Disaster-generate debris" or "debris" means any material, including trees. branches, personal property.and building material deposited on county-owned property or rights-of- way or on private roads as a direct result of a major disaster or a catastrophic disaster. (a) The term includes.but is not limited to: 1. Vegetative debris. which means debris consisting,of whole trees. tree stumps, tree branches.tree trunks.and other leafy material, 2, Hazardous limbs and hazardous freeswhich means limbs or trees damaged in a major disaster or a.catastrophic disaster and in danger of falling on primary ingress or mos routes or on county rights-of-way. 3. Construction and demolition debris. which means debris created by the removal of disaster-damaged interior and exterior materials from improved property such as lumber and wood, gypsum wallboard glass. metal. roofing material. tile, carpeting and floor coverings. pipe. concrete. fully cured asphalt. equipment 1'iunishings.and fixtures. 4. HHW. which means household hazardous waste such as household cleaning supplies. insecticides. herbicides. and other products or materials containing volatile chemicals that catch fire.react.or explode under certain circumstances, or that are corrosive or toxic, 5. E-waste. which means electronic waste such as computer monitors.televisions, and other such electronics that contain hazardous materials, 6. White goods. which means discarded household appliances such as refrigerators, freezers.air conditioners heat pumys.ovens.rates.washing machines.clothes dryers.and water heaters. 7. Putrescent debris whtich_mea ns debris that will decompose or rot such as animal carcasses and other fleshy organic matter. (b) The term does_not include: 1. Debris from vacant lots. forests. heavily wooded areas. unimproved property, and unused areas; 2. Debris on agricultural lands used for crops or livestock; 3. Concrete slabs or foundations-on-grade:and 4. Construction and demolition debris consisting of materials used in the reconstruction of disaster-damaged improvedproperty. (6) "Disaster-generated debris_removal management plan" means the action by the county taken in accordance with Section 38-72 herein GI "Division" means the Division of Emergency Management of the Department of Community Affairs,or the successor to that division. Words atillaliogg are added;Words are deleted. Page 3 of 16 '~ 171 ( 111 "Emergency" means any occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. (6)IL "Emergency Management" means the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters.Specific emergency management responsibilities include,but are not limited to: (a) Reduction of vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural, technological, or manmade emergencies or hostile military of paramilitary action. (b) Preparation for prompt and efficient response and recovery to protect lives and property affected by emergencies. (c) Response to emergencies using all systems, plans, and resources necessary to preserve adequately the health, safety,and welfare of persons or property affected by the emergency. (d) Recovery from emergencies by providing for the rapid and orderly start of restoration and rehabilitation of persons and property affected by emergencies. (e) Provision of an emergency management system embodying all aspects of pre- emergency preparedness and post-emergency response,recovery,and mitigation. (f) Assistance in anticipation, recognition, appraisal, prevention, and mitigation of emergencies which may be caused or aggravated by inadequate planning for and regulation of,public and private facilities and land use. (4)(10) "Emergency Management Department" means the County department created in accordance with the provisions of Florida law to discharge the emergency management responsibilities and functions of Collier County. (11) "Hazardous tree"meansa tree ateater than six(6)inches in diameter(measured at diameter breast height)and which meets any of the following criteria: (a) More than fifty(50)per cent of the crown is damaged or destroyed; (b) The trunk is split or broken_branches expose the heartwood:or (c) The tree is leaning at an angle greater than thirty(30)degrees and shows evidence of ground disturbance. (12) "Hazardous limb" means a broken tree limb greater than two (2) inches in diameter measured at the point of break. (8)LIM "Manmade Emergency" means an emergency caused by an action against persons or society,including,but not limited to,enemy attack,sabotage,terrorism,civil unrest,or other action impairing the orderly administration of government. Words laidansid we added;Words sv ii ore deleted. Page 4 of 16 / 171 (9)(14) "Natural Emergency" means an emergency caused by a natural event, including, but not limited to,a hurricane,a storm,a flood,severe wave action,a drought,or an earthquake. (44)LIZ The"Director of the Office of Emergency Management"is the County official having the responsibility to execute the emergency management plan in Collier County and shall hereinafter be referred to as the"director." (16) "Private road" means any nonpublic road lhat is located within the county and has a designated name and private road signage. the maintenance of which is not the legal responsibility of the county. The term includes. but is not limited to. roads owned and maintained by homeowners' associations. including gated communities, and roads for which no individual or entity has claimed or exercised maintenance responsibility. The term also includes the land lyingwithin the three-foot roadside shoulder area on both sides of the travel lanes of such road. (17) "Right-of-way" mono the Porus of county-owned land over which facilities such as highways. roads. railroads.or power lines art built, The term includes the county-owned land on both sides of such facilities un to the boundary of the adjoining property. (18) "Stafford Act" means the Robert T. Stafford Disaster Relief and Emergencv Assistance Act codified in 42 U.S.C. 5121 through 5207.as the same may be amended from time to time. Section 38-58. Officer Designated to Declare Emergency. Pursuant to Chapter 252, Florida Statutes, which authorizes the waiver of procedures and formalities otherwise required of political subdivisions to take whatever prudent action is necessary to ensure the health, safety and welfare of the community in the event of a state of emergency, when a quorum of the Board Of County Commissioners is unable to meet, the Chairman of the Board of County Commissioners,or the Vice-Chairman in his or her absence,and in the absence of the Chairman and Vice-Chairman; the next County Commissioner in order of seniority, or if two or more were appointed on the same date, then in alphabetical order among them;and in the absence of any Commissioner;the County Manager,in the absence of the County Manager,the Clerk of Courts;and in the Clerk's absence the Deputy County Manager are hereby designated and empowered to declare a local state of emergency whenever the designated person, according to the above order of preference shall determine that a natural or manmade disaster has occurred or that the occurrence or threat of one is imminent and requires immediate and expeditious action. Section 38-59. Extent of Statement of Emergency. A state of emergency shall be declared by proclamation of the Chairman, or the Vice Chairman in his or her absence,and in the absence of the Chairman and Vice-Chairman;the next County Commissioner in order of seniority, or if two or more were appointed on the same date, then in alphabetical order among them, and in the absence of any Commissioner; the County Manager, in the absence of the County Manager;the Clerk of Courts;and in the Clerk's absence; the Deputy County Manager. The state of emergency shall continue for seven days and may be Words LJpdodi it d we added;Words 5váM.re dekeed. Page 5 of 16 1 171 ' extended in seven day increments until the Chairman, or Vice-Chairman in his absence,the next County Commissioner in order of seniority,or if two or more were appointed on the same date, then in alphabetical order among them, and in the absence of any Commissioner; the County Manager, and in the absence of the County Manager, the Clerk of Courts, and in the Clerk's absence;the Deputy County Manager finds that the threat or danger no longer exists and/or until an emergency meeting of a quorum of the Board of County Commissioners can take place and terminate the state of emergency proclamation. Section 38-60. Proclamation. A proclamation declaring a state of emergency shall activate the disaster emergency plans applicable to the County and shall be the authority for the use or distribution of any supplies, equipment, materials or facilities assembled or arranged to be made available pursuant to such plans. Section 38-61. Use of Public Facilities for Shelters. Public facilities, including schools,postsecondary education facilities,and other facilities owned or leased by the state or local governments,but excluding hospitals or nursing homes,which are suitable for use as public hurricane evacuation shelters shall be made available at the request of the emergency management director or emergency management director's designee. The director or the director's designee shall coordinate with the appropriate school board, university, community college,or local governing board when requesting the use of such facilities as public hurricane evacuation shelters. Section 38-62. Power of Employees Rendering Outside Aid. (1) Whenever the employees of the County are rendering aid beyond the territorial boundaries of the County, such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the County. (2Xa) The political subdivision in which any equipment is used pursuant to this section shall be liable for any loss or damage thereto and shall pay any expense incurred in the operation and maintenance thereof. No claim for such loss, damage, or expense shall be allowed unless an itemized notice of such claim under oath is served by mail or otherwise upon the chief fiscal officer of the political subdivision in which the equipment was used within 60 days after the loss,damage, or expense is sustained or incurred. (b) The political subdivision which is aided pursuant to this section shall also pay and reimburse the county for furnishing such aid for compensation paid to employees furnished under this section during the time of the rendition of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such reimbursement shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. The term"employee"as used in this section means, and the provisions of this section apply with equal effect to, paid, volunteer, and auxiliary Words slndgdiood are added;Words are deleted. Page 6 of 16 • 17 1 4 employees and emergency management services workers. The same shall apply for aid rendered to Collier County. Section 38-63. Mutual Aid Agreements. The County is authorized to develop and enter into mutual aid agreements within the state for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted. Copies of such agreements shall be sent to the Florida Division of Emergency Management. Such agreements shall be consistent with the state comprehensive emergency management plan and program, and in time of emergency it shall be the duty of the County to render assistance in accordance with the provisions of such mutual aid agreements to the fullest possible extent. Section 38-64. Compensation. (1) Compensation for services or for the taking or use of property shall be owed only to the extent that a claimant may not be deemed to have volunteered her or his services or property without compensation and only to the extent that such taking exceeds the legal responsibility of a claimant to render such services or make such property so available. (2) Compensation owed for personal services shall be only such as may be fixed by the Florida Division of Emergency Management. (3) Compensation for property shall be owed only if the property was commandeered or otherwise used in coping with an emergency and its use or destruction was ordered by the County. (4) Any person claiming compensation for the use, damage, loss, or destruction of property shall file a claim therefor with the County. (5) Unless the amount of compensation owed on account of property damaged, lost, or destroyed is agreed between the claimant and the County, the amount of compensation shall be calculated in the same manner as compensation due for a taking of property pursuant to the condemnation laws of this state except that if a party making a claim pursuant to this provision who disagrees with the amount of compensation offered by the County shall bear its own costs and attorney fees. (6) Nothing in this section applies to or authorizes compensation for the destruction or damaging of standing timber or other property in order to provide a firebreak or damage resulting from the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood or applies to or authorizes compensation beyond the extent of funds available for such compensation. Section 38-65. Emergency Orders and Rules. Words lingedjuld we added;Words SOusit-Thseugh are deleted. r.: Page 7 of 16 . i''; 171 All emergency orders and rules adopted by the County during a declared state of emergency shall have the full force and effect of law after adoption when filed in the office of the Clerk of Courts or the designee of the Clerk of Courts. Section 38-66. Enforcement. The law enforcement authorities of the County and municipalities of the County shall enforce the orders and rules issued pursuant to Section 38-65 herein. Section 38-67. Liability. Any person or organization, public or private, owning or controlling real estate or other premises who voluntarily and without compensation other than payment or reimbursement of costs and expenses, grants a license or privilege or otherwise permits the designation by the County emergency management department for use of the whole or any part of such real estate or premises for the purpose of sheltering persons during an actual, impending,mock,or practice emergency, together with her or his successor in interest, if any, shall not be liable for the death of,or injury to, any person on or about such real estate or premises during the actual, impending, mock, or practice emergency,or for loss of,or damage to,the property of such person, solely by reason or as a result of such license,privilege,designation,or use,unless the gross negligence or the willful and wanton misconduct of such person owning or controlling such real estate or premises or her or his successor in interest is the proximate cause of such death,injury,loss,or damage occurring during such sheltering period. Any such person or organization who provides such shelter space for compensation shall be deemed to be an instrumentality of the State or the County where applicable,for the purposes of Section 768.28,Florida Statutes. Section 38-68. Authorized Emergency Measures. In addition to any other powers conferred by law, upon the declaration of a state of emergency pursuant to this Ordinance,the Chairman,or Vice-Chairman in his or her absence,and in the absence of the Chairman and Vice-Chairman; the next County Commissioner in order of seniority, or if two or more were appointed on the same date, then in alphabetical order among them,and in the absence of any Commissioner;the County Manager,in the absence of the County Manager,the Clerk of Courts;and in the Clerk's absence;the Deputy County Manager,may order and promulgate all or any of the following emergency measures to be effective during the period of such emergency in whole or in part, and with such limitation and conditions as he may deem appropriate to protect the health,safety and welfare of the community: (1) Suspend or limit the sale,dispensing or transportation of alcoholic beverages,explosives, and combustibles. (2) Establish curfews, including but not limited to the prohibition of or restrictions on pedestrian and vehicular movement, standing and parking, except for the provision of designated,essential services,such as fire,police,emergency medical services and hospital services,including the transportation of patients,utility emergency repairs and emergency calls by physicians. Words ydodinsd we added;Words s we deleted. Page 8 of 16 4, ''•-'i • IIIA 171 (3) Utilize all available resources of the County government as reasonably necessary to cope with the disaster emergency. Any single expenditure exceeding $50,000.00 shall be cosigned by the County Attorney or his or her designee. (4) Emergency management powers;political subdivisions. a. To appropriate and expend funds;make contracts;obtain and distribute equipment, materials,and supplies for emergency management purposes;provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; b. To appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel and other emergency management workers. (5) Declare certain areas off limits to all but emergency personnel. (6) Make provisions for availability and use of temporary emergency housing and emergency warehousing of materials. (7) Establish emergency operating centers and shelters in addition to or in place of those provided for in the County's emergency plan. (8) Declare that during an emergency it shall be unlawful and an offense against the County for any person to use the fresh water supplied by the County, or local municipalities or other entities for any purpose other than cooking,drinking or bathing. (9) Declare that during an emergency it shall be unlawful and an offense against the County for any person operating within the County to charge more than the normal average retail price for any merchandise,goods or services sold during the emergency.The average retail price as used herein is defined to be that price at which similar merchandise, goods or services were being sold during the 30 days immediately preceding the emergency or at a mark-up which is a larger percentage over wholesale cost than was being added to wholesale cost prior to the emergency. (10) Confiscate merchandise, equipment, vehicles or property needed to alleviate the emergency,with the exception of emergency vehicles. Reimbursement shall be within 60 days and at customary value charged for the items during 90 days previous to the emergency. (11) Preceding or during the emergency,the Chairman,the Vice-Chairman,or in their absence, the Manager, shall have the authority to request the National Guard or the Army, Coast Guard, or other law enforcement divisions as necessary to assist in the mitigation of the emergency or to help maintain law and order,rescue and traffic control. Words llaatlll,ed are added;Words Sleek-TMwut are delated Page 9 of 16 f,.. 171 (12) Further, the County has the power and authority to waive the procedures and formalities otherwise required by law pertaining to: a. Performance of public work and taking whatever prudent action is necessary to ensure the health,safety,and welfare of the community. b. Entering into contracts. c. Incurring obligations. d. Employment of permanent and temporary workers. e. Utilization of volunteer workers. f. Rental of equipment. g. Acquisition and distribution,with or without compensation,of supplies,materials, and facilities. h. Appropriation and expenditure of public funds. (13) Authorize the emergency purchase of radio, television, print or any other paper or electronic media for the purposes of advertising residents of protective action recommendations, recovery information and debris removal or disposal requirements or any other pertinent information in support of public health or safety. (14) Activate a statewide mutual-aid system. Any expenditure made in connection with emergency activities, including mutual-aid activities, shall be deemed conclusively to be for direct protection and benefit of the inhabitants and mitigate the potential for severe environmental property damage of the County. (15) Make a determination that: a. There is a threat to public health and safety that may result from the generation of widespread debris throughout the County; b. Such debris constitutes a hazardous environment for all modes of movement and transportation of the residents as well as emergency aid and relief services; c. There is an endangerment to all properties in the County; d. There is an environment conducive to breeding disease and vermin; e. There is a greatly increased risk of fire; f. It is in the public interest and safety to collect and remove disaster debris from all property,whether public lands,public or private roads,and gated communities,to eliminate an immediate threat to life,public health and safety to reduce the threat of additional damage to improved property and to promote economic recovery of the community at large. (16) Authorize the County or its contracted agent(s)the right of access to private roads or gated communities as needed for: a. Emergency vehicles such as,but not limited to,fire,police and medical care. b. Performance of damage assessment, emergency management, specialized search and rescue teams. c. Human services and victim relief. Words L igiddjadd are added:Words sir-alr ui.re deleted. Page 10 of 16 171 d. Temporary emergency traffic controls or detour efforts. e. Debris removal vehicles and equipment,utility equipment and sanitation efforts to alleviate immediate threats to public health and safety. (17) Authorize the removal of debris, wreckage or collapsed structures resulting from a major disaster for a safe and sanitary living or functioning condition of the proximate environment. (18) Authorize the removal of derelict vessels pursuant to Florida Statutes and in conjunction with the Florida Fish and Wildlife Conservation Commission. (19) Authorize the removal of abandoned vehicles pursuant to Florida Statutes in conjunction with law enforcement of the city,county or state. Section 38-69. Declaration,Termination by Board While in Session. Nothing in this Ordinance shall be construed to limit the authority of the Board of County Commissioners from declaring or terminating a state of emergency and taking any action authorized by law when sitting in regular or special session. Section 38-70. Penalty for Violation. Penalties. Any person violating any provision of this Emergency Management Code or any rule or order made pursuant to this Emergency Management Code is guilty of a misdemeanor of the second degree, punishable as provided in Sections 775.082 or 775.083, Florida Statutes. Each day of continued noncompliance or violation shall constitute a separate offense. In addition to the foregoing, any licensee of the County found guilty of violation any provision of this Ordinance, or the emergency measures which may be made effective pursuant to this Ordinance, may have his license suspended or revoked by the Board of County Commissioners. (a) Nothing herein contained shall prevent the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any refusal to comply with, or violation of, this Ordinance or the emergency measures which may be made effective pursuant to this Ordinance. Such other lawful action shall include but not be limited to an equitable action for injunctive relief or an action at law for damages. Section 38-71. Right of Entry and Indemnification. In conjunction with the right of entry, each property owner adjacent to a private road or street or gated community association shall indemnify and hold harmless the United States Government,Department of Homeland Security(DHS),Federal Emergency Management Agency Words ljgdsaid are added;Wads are deleted. Page 11 of 16 171 (FEMA), the State of Florida, Collier County and their agents, officers, employees, volunteers, contractors and subcontractors, from any and all claims, losses, penalties, demands,judgments, and costs of suit, including, but not limited to, worker's compensation claims, and including attorney's fees and paralegal fees, for any expense, damage or liability incurred by any of them, whether for personal injury,property damage,direct or consequential damages,or economic loss, arising directly or indirectly on account of or in connection with the work performed by any of the above pertaining to any hazard or disaster mitigation,recovery or reconstruction management. Section 38-72. Disaster-Generated Debris Removal Management Plan: Authority, Priorities and Limitations. 111 The County Manager.or designee.shall have the authority. subject to the limitations of this section. 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.The removal of such disaster-generated debris is authorized only after a maior disaster or a catastrophic disaster and upon the determination by the County Manager.or&Wage.that sucliremovalis_reasonably necessary to eliminate immediate threats to life.public health. and safety: to eliminate immediate threats of significant damage to improved County-owned property:or to ensure economic recovery of the affected community to the benefit of the community at large. (a) An immediate threat to life Public health.and_safety shall be deemed to exist if any one(1)of the following conditions is satisfied: 1. Thereis a significant likelihood that rescue vehicles will be significantly hindered fromjendering emergency services if the disaster-generated debris is allowed to remain in place; 2. The type of disaster-generated debris is such that it may reasonably cause diseases 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 removal_of the disaster-derated debris is necessary to effectuate orderly and expeditious restoration of County-wide utility services including.but not limited to.power.water.sewer.and telephone; 4. The disaster-generated debris is determined by the County building official or public health official to be dangerous or hazardous; 5. The disaster-generated debris prevents solid waste collection. thereby creating a public health and safety hazard; 6. The disaster-generated debris contains contaminants which have a reasonable likelihood of leeching into • soil and/or aquifer of the County; 7. The disaster-generated debris has a substantial negative impact upon public health and safety by preventing or adversely affecting emergency repairs to buildings and/or property; 8. The disaster-generated debris pmts a reasonable danger of being transported by wind and/or water to neighboring properties. thereby increasing the cost ofxecovery and removal; Words it food are added;Words Stwielt-Threwslt we deleted. Page 12 of 16 �'� 171 9. The disaster-generated debris is significantly likely to produce mold or may otherwise causedisease.illness.or sickness which could injure or adversely affect the health.safety.or general welfare of thepublic; 10. The mange of the disaster-generated debris significantly adversely Impacts the County's recovery efforts; 11. The disaster-meted debris significantly interferes with drainage or water runoff.so as to be a significant hazard in the event of significant rainfall; 12. The sheer volume of the disaster-generated debris is such that it is impractical and unreasonable to remove in an orderly and efficient manner absent action by the County:or 13. The type.extent and nature of the disaster generated debris is such that it would cause much greater damage if not removed immediately. (b) An immediate threat of significant damage to improved County-owned property shall be deemed to exist if the cost to remove the disaster-generated debris is less than the cost of potential damage to the improved property. thereby being a cost effective removal. (2) Removal from County-owned oroverty and County rights-of-way, f a) In removing disaster-generated debris from County-owned property and County rights-of-way. the highest priority shall initially be given to responding to immediate threats to life..public health.and safety:eliminating immediate threat of significant damage to County property or facilities: and p ', j or removing disastergenerated debrisfrom the County rights-of-way to permit safe passage. f b) The removal of disaster-generated debris in accordance with the priority set forth in subsection(b)(1)shall begin as soon as functionally feasible after the occurrence of a major disaster or catastrophic disaster. The primary operation of the County work forces will be to cut and toss disaster-generated debris.depositing it along the County rights-qf-way. thereby creating access to the major arterial roadways to allow for expedited search and rescue efforts as well as recovery efforts. Upon completion ofthe cut and toss operation.County work forces will begin the removal of other disaster- rod debris. The owners of private property or those individuals otherwise in possession of private property that adjoins County rights- of-way may place disaster generated debris in the County right-of-way in Accordance with the reauirements set forth in subsection (d). The community-at- large will be notified of the initial start date for removal of disaster-generated debris by County work forces and will subsequently be notified prior to the last remove pass by County work forces.After the last such removal pass.County residents will be responsible for the removal of any remaining disaster-generated debris which meets pre-disaster service collection requirements whether they be self-provided, provided through a private contractor.or provided through regular waste disposal services. Ic) Upon the resumpjstn of pre-disaster waste collection vities. County residents will be held accountable for the placement of any remaining disaster-generated debris along County rights-of-way and private roads.or on private property.which Words ltndsdioad are added;Words Sintels ltreadi are delated. Page 13 of 16 17 I placement does not meet pre-disaster collection service standards and is found to be not in cAinianince with this Ordinance or with any other County regulation. (d) The removal of diuster-generated debris consisting of either hazardous trees or hazardous limbs on County-owned property and County rights-of-way is authorized only upon the satisfaction of each of the following conditions: 1. The damage to the hazardous tree or hazardous limb was the result of the disaster:and 2. The hazardous_tree or hazardous limb is in danger of falling on a structure or other improvement,on a primary ingress or egress route.or on a County right-of-way. (3) Removal from private roads. (a) The authority for County work forces to enter upon a private road for utilization in the disaster-generated debris removal management plan shall be asprovided iq Section 252.36(&Florida Statutes.or as may be thereafter amended.and shall in no way be deemed to be a trespass, (b) The removal by County workforces of disaster-generated debris from private roads shall be performed only upon the satisfaction of each of the following conditions: 1. The disaster-generated debris removal management plan has been implemented in accordance with this section; 2. A determination has been made by the County work forces that such removal is reasonably necessary to eliminate immediate threats to life, public health. and safety or to ensure economic recovery of the affected community to the benefit of the community-at-large: provided. however, threats to life.ilublic health.and safety:and 3. Any disaster-generated debris removed from a private property has been placed in or adjacent to the private road in accordance with the requirements of this section-unless such revimments have been waived by the County Manager or his or her designee. (c) Removal of hazardous trims or hazardous limbs.The removal of disaster-generated debris consisting of either hazardous trees or hazardous limbs overhanging or otherwise endangeringurivate road shall be deemed to be the responsibility of the adjacent private property owners. and the County work forces shall not be authorized to remove or to otherwise act upon such disaster-generated debris unless it is necessary to eliminate an immediate threat to the safety of County work forces. (d) With regard to the implementation of its disaster-generated debris removal management plan. and subject to the restrictions and req.uirements of Section 768.28. Florida Statutes. the Count/ shall indemnify and hold the federal government,its agencies and employees.harmless from any claims arising from or based upon the exercise or performance of.or the failure to exercise or perform. Words Uaggdind are added;Words Savek-ilirrargh are deleted. Page 14 of 16 17I -. discretionary function or duty on the part of any federal agency or any employee of the federal government in vatyng out the provisions of the Stafford Act. (4) Responsibility of private property owners, (a) The owners of private property, or those individuals otherwise in_possession of private property, shall be responsible for assuring that the placement of any disaster-generated debris in County rights-of-way or on private roads for removal by County work forces satisfies each of the following conditions: 1. The disaster-generated debris shall be neatly stacked piled.or placed with its leading edge lying within the three-foot roadside shoulder area on either side of the travel lanes of the road. 2. The disasteriteneraed debris shall be separated into stacks or piles of the following types of debris: i. Putrescent debris and mixed co,. on household items. ii. Vegetative debris. iii. Constriction and demolition debris. iv. White goods, v. Hazardous household waste and electronic waste. 3. The disaster-generated debris shall be placed so that it does not block the roadway.traffic signs and signals.or stormwater structures, 4. The disaster-generated debris shall be placed so that it is not under any power lines, not on top of any water meters.or not within three(3)feet of any power poles.fire hydrants.vehicles.mailboxes,or fences. (p) Any damage to =mai 4rop y by County work forces resulting from the placement of disaster-generaW debris in a manner inconsistent with this section shall be the re ponsibility of the private property owner.or individual otherwise in possession of private property.who misplacedsuch debris. (c) Any owners of private property, or any individuals otherwise in possession of pyate property. who stack. pile. or otherwise place anything for removal on County rights-of-way or on.private roads which is deemed not to be disaster- generated debris, shall be responsible for removing such unauthorized debris no later than twenty-four(24)hours after notification of such removal requirement by a member of the County work forces.Anv_such owner or other individual who fails to timely comply with such removal requirement shall thereafter be responsible for any costs associated with the removal of such unauthorized debris by County work forces. SECTION TWO: CONFLICT AND SEVERABILITY Words LJodadiood are added;words 5uá Seselt-Ilwevalt.re deleted. Pap 15of16 ;'_ 171 In the event that this Ordinance conflicts with any other ordinance of Collier County or other applicable law,the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate,distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County,Florida. The sections of this Ordinance may be renumbered or re- lettered to accomplish such,and the word"ordinance"may be changed to"section,""article,"or any other appropriate word. SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this day of ,2017. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK COLLIER COUNTY,FLORIDA By: By: Deputy Clerk PENNY TAYLOR,CHAIRMAN Approved as to form and legality: Jennifer A.Belpedio 037 Assistant County Attorney c> ^� Words Ikalodined ere added;Words d ue ddeted. Page 16 of 16 171 Acct. #027354 September 1, 2017 Attn: Legals Naples Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Amending Ordinance 1984-37 - Debris Management Dear Legals, Please advertise the above referenced notice Wednesday, September 13, 2017 and send the Affidavit of Publication, together with charges involved to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500180268 NOTICE OF PUBLIC HEARING i , I NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on September 26, 2017 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9 : 00 A.M. The title of the proposed Ordinance is as follows : 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 CHANCE OF REIMBURSEMENT UNDER THE PUBLIC ASSISTANCE PROGRAM; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance is on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 171 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) 17 I Teresa L. Cannon From: Teresa L. Cannon Sent: Friday, September 01, 2017 3:18 PM To: Naples Daily News Legals Subject: Amending Ord 84-37 Attachments: Amending Ordinance 1984-37 (Debris Management).doc;Amending 84-37 (9-26-17).doc Legals, Please advertise the attached Legal Ad on Wednesday,September 13, 2017.Thanks Teresa Cannon, BMR Senior Clerk Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@col l ierclerk.com 1 171 Teresa L. Cannon From: legals@naplesnews.com Sent: Tuesday, September 05, 2017 11:28 AM To: Teresa L. Cannon Subject: For your approval Ad: 1744856, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: OFFICEOFTH-98-1744856-1.pdf Attached is the document you requested. Please review and let us know if you have any questions. Thank you. 1 40 > Ad Proof ? apLr54JahLg ? rwø Sales Rep:Karol Kangas(N7103) Phone:(239)263-4710 Email:karol.kangas@naplesnews.com .--111111111 "11=11111 Date:09/05/17 This is a proof of your ad scheduled to run on the dates indicated below Account Number:525058(N027354) Please confirm placement prior to deadline by contacting your account Company Name:OFFICE OF THE COUNTY ATTORNEY rep at(239)263-4710. Ad Id:1744856 P.O.No.: Total Cost:$387.44 Contact Name: Email:sherimalcolm@colliergov.net Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112-5749 Start Date:09/13/17 Stop Date:09/13/17 Phone:(239)252-8400 Fax:(239)774-0225 Number of Times:1 Class:16250-Public Notices Publications:ND-Naples Daily News,ND-Intemet-naplesnews.com Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. agree this 17I sad is accurate and as ordered. NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on September 26, 2017 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center,3299 East Tamiami Trail,Naples,Florida,the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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 CHANCE OF REIMBURSEMENT UNDER THE PUBLIC ASSISTANCE PROGRAM;PROVIDING FOR CONFLICT AND SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance is on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you area person with adisability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you to the provision of certain assistance.Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239)252-8380,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR,CHAIRMAN DWIGHT E.BROCK,CLERK By: Teresa Cannon,Deputy Clerk (SEAL) September 13,2017 No.1744856 171 Teresa L. Cannon To: NeetVirginia; HeinrichsbergKathy; BoniChristine (ChristineBoni@colliergov.net); Summers, Daniel Subject: FW: For your approval Ad: 1744856, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: OFFICEOFTH-98-1744856-1.pdf Please review proof.Thanks Original Message From: legals@naplesnews.com [mailto:legals@naplesnews.com] Sent:Tuesday, September 05, 2017 11:28 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: For your approval Ad: 1744856, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review and let us know if you have any questions. Thank you. 1 171 Teresa L. Cannon From: BoniChristine <ChristineBoni@colliergov.net> Sent: Tuesday, September 05, 2017 11:38 AM To: Teresa L. Cannon; Neet, Virginia; Heinrichsberg, Kathy; Summers, Daniel Subject: RE: For your approval Ad: 1744856, NOTICE OF PUBLIC HEARING NOTICE OF I Approved. Thank you. Christine Boni 252-3617 Original Message From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Tuesday, September 5, 2017 11:34 AM To: NeetVirginia <VirginiaNeet@colliergov.net>; HeinrichsbergKathy<KathyHeinrichsberg@colliergov.net>; BoniChristine<ChristineBoni@colliergov.net>; SummersDan <DanielSummers@colliergov.net> Subject: FW: For your approval Ad: 1744856, NOTICE OF PUBLIC HEARING NOTICE OF I Please review proof.Thanks Original Message From: legals@naplesnews.com [mailto:legals@naplesnews.com] Sent: Tuesday, September 05, 2017 11:28 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: For your approval Ad: 1744856, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 171 Teresa L. Cannon From: NeetVirginia <VirginiaNeet@colliergov.net> Sent: Wednesday, September 06, 2017 2:21 PM To: Teresa L. Cannon Subject: FW: For your approval Ad: 1744856, NOTICE OF PUBLIC HEARING NOTICE OF I See below Original Message From: Belpediolennifer Sent: Wednesday, September 06, 2017 2:20 PM To: NeetVirginia <VirginiaNeet@colliergov.net> Cc: Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: RE: For your approval Ad: 1744856, NOTICE OF PUBLIC HEARING NOTICE OF I Dinny: Approved with run date of 9/15. Thank you! Jen Original Message From: NeetVirginia Sent:Tuesday,September 05, 2017 2:52 PM To: Belpediolennifer<JenniferBelpedio@colliergov.net> Cc: Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: FW: For your approval Ad: 1744856, NOTICE OF PUBLIC HEARING NOTICE OF I Jennifer: For your approval. By copy of this email, I am asking Minutes and Records to change the run date from 9/13 (12 days)to 9/15 (10 days) in case the 9/12 meeting is postponed. We do not want this to run prior to Board authorization to advertise. Let me know if you feel differently. Dinny Original Message From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Tuesday, September 05, 2017 11:34 AM To: NeetVirginia <VirginiaNeet@colliergov.net>; HeinrichsbergKathy<KathyHeinrichsberg@colliergov.net>; BoniChristine<ChristineBoni@colliergov.net>; SummersDan <DanielSummers@colliergov.net> Subject: FW: For your approval Ad: 1744856, NOTICE OF PUBLIC HEARING NOTICE OF I 1 171 Teresa L. Cannon To: legals@naplesnews.com Subject: RE: For your approval Ad: 1744856, NOTICE OF PUBLIC HEARING NOTICE OF I Lega Is, Can we change the run date to Friday,September 15, 2017. Original Message From: legals@naplesnews.com [mailto:legals@naplesnews.com] Sent:Tuesday, September 05, 2017 11:28 AM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: For your approval Ad: 1744856, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review and let us know if you have any questions. Thank you. 1 Teresa L. Cannon X71 From: legals@naplesnews.com Sent: Wednesday, September 06, 2017 2:35 PM To: Teresa L. Cannon Subject: Revised run date Ad: 1744856, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: OFFICEOFTH-61-1744856-1.pdf Attached is the document you requested. Please review and let us know if you have any questions. Thank you. 1 > Ad Proof Naptes 171 Sales Rep:Karol Kangas(N7103) Phone:(239)263-4710 Email:karol.kangas@naplesnews.com Date:09/06/17 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:525058(N027354) Please confirm placement prior to deadline by contacting your account Company Name:OFFICE OF THE COUNTY ATTORNEY rep at(239)263-4710. Ad Id:1744856 P.O.No.: Total Cost:$387.44 Contact Name: Email:sherimalcolm@colliergov.net Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112-5749 Start Date:09/13/17 Stop Date:09/13/17 Phone:(239)252-8400 Fax:(239)774-0225 Number of Times:1 Class:16250-Public Notices Publications:ND-Naples Daily News,ND-Intemet-naplesnews.com Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. i i I agree this ad is accurate and as ordered. `� NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on September 26, 2017 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center,3299 East Tamiami Trail,Naples,Florida,the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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 CHANCE OF REIMBURSEMENT UNDER THE PUBLIC ASSISTANCE PROGRAM;PROVIDING FOR CONFLICT AND SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance is on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is based. If you area person with adisabilitywho needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you to the provision of certain assistance.Please contact the Collier County Facilities Management Department, located IG at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239)252-8380,at least two days prior to the meeting.Assisted listening devices for the hearing impaired are available in the j€ Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR,CHAIRMAN DWIGHT E.BROCK,CLERK By: Teresa Cannon,Deputy Clerk (SEAL) September 15,2017 No.1744856 II, �Fyy 171 Teresa L. Cannon To: NeetVirginia; BoniChristine (ChristineBoni@colliergov.net) Subject: FW: Revised run date Ad: 1744856, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: OFFICEOFTH-61-1744856-1.pdf Revised proof with new run date Original Message From: legals@naplesnews.com [mailto:legals@naplesnews.com] Sent: Wednesday, September 06, 2017 2:35 PM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: Revised run date Ad: 1744856, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review and let us know if you have any questions. Thank you. 1 171 Teresa L. Cannon From: NeetVirginia <VirginiaNeet@colliergov.net> Sent: Wednesday, September 06, 2017 4:02 PM To: Teresa L. Cannon Cc: Belpedio,Jennifer Subject: FW: Revised run date Ad: 1744856, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: OFFICEOFTH-61-1744856-1.pdf Approved with new run date. Dinny Virginia A. Neet, FRP Office of the Collier County Attorney Telephone (239) 252-8066- Fax(239) 252-6600 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Original Message From:Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Wednesday, September 06, 2017 2:37 PM To: NeetVirginia <VirginiaNeet@colliergov.net>; BoniChristine<ChristineBoni@colliergov.net> Subject: FW: Revised run date Ad: 1744856, NOTICE OF PUBLIC HEARING NOTICE OF I Revised proof with new run date Original Message From: legals@naplesnews.com [mailto:legals@naplesnews.com] Sent: Wednesday, September 06, 2017 2:35 PM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: Revised run date Ad: 1744856, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review and let us know if you have any questions. Thank you. 1 171 Teresa L. Cannon To: legals@naplesnews.com Subject: RE: Revised run date Ad: 1744856, NOTICE OF PUBLIC HEARING NOTICE OF I Lega Is, Ad looks good, OK to run.Thanks Original Message From: legals@naplesnews.com [mailto:Iegals@naplesnews.com] Sent: Wednesday, September 06, 2017 2:35 PM To:Teresa L. Cannon <Teresa.Cannon@collierclerk.com> Subject: Revised run date Ad: 1744856, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review and let us know if you have any questions. Thank you. 1 ill Naples Daily News Wednesday, September 13,2017 21D-1 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on September 26, 2017 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center,3299 East Tamiami Trail,Naples,Florida,the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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 CHANCE OF REIMBURSEMENT UNDER THE PUBLIC ASSISTANCE PROGRAM; PROVIDING FOR CONFLICT AND SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance is on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you to the provision of certain assistance.Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PENNY TAYLOR,CHAIRMAN DWIGHT E. BROCK,CLERK By: Teresa Cannon,Deputy Clerk (SEAL) cantpmhpr lc 7017 Nn_1744R5F 171 .. ..‘apiyes Battu rwø NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County, Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples,in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# OFFICE OF THE COUNTY ATTORNEY 1744856 NOTICE OF PUBLIC HEA Pub Dates September 13,2017 • I z/ 1 (Si1,1.41 ure of affiant) . w KAROLEKANGAS I F NotaryPublic-State of Florida t Sworn to and subscribed before me CommisslonlGG126041 This September 13,2017 ` 47. M Dem tJul mhoilitMonalNotry Ma q0,140 (Signature of affiant) Naples Daily News Wednesday,September 13,2017 210 Bats/Motors/Marine Vehicles Wanted Notice Ti,Creditors Classified BOAT SUP FOR RENT/20,000' ABSOLUTELYilea ALL AUTOS of the decedent and other Wheels/Recreation 65'dock,covOR N - rivate Wanted!Dead Ave p- persons cedeg and s or 17 I lb.lift,up to 40'boat$1,000/ FREE PICK UP 239-265-6140 demands against decedent's no., water/elec. Richard. CORVETTES WANTED estate must file their claves hadsall.mtn@gmzil.com or Top dollar.Cash today.Call with this court WITHIN 3 -- -- - - text(786)281-9656. 941-809.3660 or 941-923-3421 MONTHS AFTER THE DATE CAPTAINS DCENSE OF THE FIRST PUBLICATION Naples OUPV-6-oak STEARNS MOTORS OF THIS NOTICE ALL CLAIMS Sept.110 877-435-3187 MOST TRUSTED NOT FILED WITHIN THE BUYER Since 1977. TIME PERIODS SET FORTH EDWARD'S YACHT SALES All Vehicles wanted IN SECTION 733.702 OF THE j John Atashian Rod or Nm(239)774-7360 FLORIDA PROBATE CODE WILL ER BARRED. Placing (239)6417184 WE BUY CARS,TRUCKS,SUPS, BE FOREVNOTWITXSTANDING Placing 1- Etc.AnythvngU from $1,000 THE TIME PERIODS SET FORTH THE MARINA AT tSam(239)595-4021 ase gall TWO (2)AYEARS LAOR MORE Buy Cl�/ssi f ed A� FACTORY BAY OAFTER THE F DEATH ISBARRED.DECEDENTS NTS DATE J RD'/Nf'V\ �/' Marco Island Legals itK K E of ste notice els publicationetuber and Slip will accommodate \' of this notice is September has never been easier! 47'LOA 19'Wide; 6,2017 Deep Water Marina, September 6&13,2017 Direct Accessto Gulf... Notice, No.1744370 [`(e�7 Na Bridgeloa Issue;CoA`J 11 Water/Electric: Docks;eNoticy Coo of Waubh use;Pum Out. Naples eeyCounstMeetings low Online: Clubhouse; aids Out. The meetings listed below a EstateReal Reduced for Quid:Sale will be held in the City Council here! S55,000. Chamber, Street 7t0C BIOp1aCe11&)M3enapiesnews.com/classifieds Call Pal: (29)253-4755 South,Naples, Regular •Wed., Fax:(239)2634708 or Cantprrs&RV Sleeting p.m. Special Meeting(Budget)- localfieds total ens .m. WANTED ALL MOTOR HOMES Wed.,9/20/17-5:05 p E-Mail:classad@naplesnews.eom Agendas and meeting packets AND CAMPERS.A rood. are available from: Cash Pad (954)789-7530. City Clerk's Office,City Hall, pubic Please he sure to include your name,address and M.tr-cycicsiMoueds cdyw2eV213. neb website, http//www.com NOTICE OF PUBLIC MEETING daytime phone number.We will call you to confirm 2006 ROAD KING HARLEY NOTICE SUPERVISORS,LELY COMMUNITY DEVELOPMENT DISTRICT DAVIDSON 6K original mi.,1 Formal action may be taken on receipt of ad. owner,2 sets of saddle bags any Item discussed or added to Pfiberglass&leather.Many this agenda.Any person who extras&chrome. Midnight decides to appeal any decrsron Wednesday,5eptember 20,2017 Phone: Blue.$10,500.(305)778.1035. made by the City Council 7:30 P.M. with respect to any matter Notice is hereby given that the Lely Community Development General Classified and Real Estate: Recreational Storage considered at this meeting(or District Supervisors will meet on Wednesday,September 20, OWN YOUR COVERED RV 8/ of then)will need a ecoid 2017 at 1:30 PM at the Lely CDD Maintenance Building,6815 (239)263-4700 or 1-877-263-6047 OR BOAT PARKING SPACE! proceedings and may Wildflower Way Naples,Florida,to conduct the business of the ww.hideawayrvrondos.tom need to ensure thataverbatim Lely Community Development District. www.MIKPRICE 239-340-0665 record of the proceeding is Recruitment(239)263-4841 Germain Properties of Naples made,which record includes An person who decides to appeal a decision of this Board P the testimony and evidence ed a record of the proceedings pertaining thereto,and , STORAGE: MOTORHOMES up.which the appeal is to therefore may need to ensure that a verbatim record Of the Mail:Naples News Classified Dept, RVs, boat, auto. Covered be heard. Any person with a proceedings is made,which record includes the testimony and available. (239)643-0447 disability requUing auxiliary evidence upon which the appeal is to be based. aids and services for this 1100 Immokalee Rd. Recreational Trailers meeting may call the CHY Any person requiring special accommodations at this meeting Clerk's Office at 213-1015 with because of a disability Or physical impairment should contact THIS WEEK'S SPECIALrequests bee r least me two business the District Office at(239)592.9115 at least five calendar days Naples,Fl,34110 32'CLEAN5thWHEEL tlaysbeforethemeetingdate. prior to the meeting. "As is"$3,995. September 13,2017 No.1748043 HOLIDAY RV TRAILER SALES r LELY COMMUNITY DEVELOPMENT DISTRICT 19710 South U5 41,Ft Myers . COLLIER COUNTY,FLORIDA Publisher of: (239)590-0066 IN THE CIRCUIT COURT FOR W.NEIL DORRILL,MANAGER/SECRETARY ® OBATE COLLIER COUNTY, FLORIDA September 13,2017 No.1748195 Naples BaduDIVISION dews Transportation QTR NRRE:E TA E OF KENNETH E. Public Negates Public Notices LOWE,SR., NOTICE OF PUBLIC MEETING PART OM.USA MOM NETWORK Sports and Imports Deceased, SUPERVISORS,PELICAN MARSH COMMUNITY DEVELOPMENT File No.17-577 CP. DISTRICT Communis Papers: '04 HYUNDAI ACCENT 2DR BLK Y P HB 5 sod man.FWD 4 cyl NOTICE TO CREDITORS Wednesday,September 20.2017 the banner mopdcond.r9-48-8.615,154 The administration 9:OOA.M. .51.300.239-248-8269 of the estate of Kenneth E. -,. '15 CORVETTE 151 3LT COUPE Lowe,Sr.,deceased,whose Notice vs hereby given that the Pelican Marsh Community Laguna Blue/Kalahari.3600 date of death was January 8, Development District Supervisors will meet on Wednesday, mi$0716 firm.(239)250-62Automatic 56ded. 2017 and whose social security budding 1 Pelican Marsh 20,2017 at 9:00 aBoulevard,Naples,Florida 34109, .at the Pelican Marsh Foundation collier citizen number is XXX-XX-2Lis to Conduct the business of the Pelican Marsh Community pending m the Circuit Court Development District,at the above stated time and date. �•—w-m�m•�•-��-••••-- � fpr Collier County. Florida.or $8,500 obo(239)-2 Probate Division,the address Anyperson who decides to appeal a decision of this Board of which is 3315 Tamiami Trail, u need a record of the proceedings pertaining thereto,and marco eagle Suite 102,Naples FL 34112.The thereforem need to ensure that a verbatim record of the names and addresses of the e may made hick record includes the testimony and '""�"""""'"""' DODGE GRAND CARAVAN Personal representative ive and evidence u0on which the appeal vs to be based. 2014.Wheelchair Van with the persona representative's 10"lowered fir,ramp&tie attorney are set forth below. Ap All creditors of the y Person requiring special accommodations at this meeting QOC..S yvt downs.(239)494.8267 because Of a disability or physical unpaarment should contact decedent and other persons the District Office at(239)592-9115 at least five calendar days Naples Jett j 'tau i having claims torhis demands Trailers against decedent's estate on Prior to the meeting. ,..,,.,,..u„w,„,,.,,. WELLS CARGO 6X10'V NOSE ^m a copy a this edUte is PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT eeuathe to be served mhos COLLIER COUNTY,FLORIDA closed trailer,single axle, file their claims with this MONSTER less 5K mi.2008.for details court WITHIN THE LATER OF (239)221-7765 call for details 3 MONTHS AFTER THE TIME /5/ FIND BEr7ER OF THE FIRST PUBLICATION September 13,2017 W.NEIL DORRILL,MANAGER/SECRETARY 00.1730423 Vehicles Wanted OF THIS NOTICE OR 30 DAYS AFTER THE DATE OF SERVICE Classified Deadlines: AA.TOP DOLLAR PAID!for OF A COPY OF THIS NOTICE ON Public Notices Public Notices Classics Cars,Muscle Cars, THEM. N 'A,( A Sports Cars.(239)n1-3000 All other creditors NOTICE OF PUBLIC HEARING i Naples Dail ■Rerv.a NoticeieherebOTICEygvenEthat TO ONSIDbeER r26ES017.ittheBoard n Public Nnticcs r NOTICE OF PUBLIC HEARING of County Commissioners Meeting Room,Third Floor,Collier Tuesday-Saturday Editions NOTICE OF INTENT TO CONSIDER ORDINANCE Government Center,3299 Tamiami Trail East,Naples FL,the Board of County Commissioners(BCC)will consider the enact- Notice is hereby given that on September 26,2017 in the ment of a County Resolution. The meeting will commence at 2PM,one day prior Boardroom,3rd Floor,Administration Budding,Collier County 9:00 A.M.The title of the proposed Resolution is as follows: GovernmeBoard of County Com3299 mii Commissioners sast awill col siderfthelenactment,of a RESOLUTION NO.2017-_ County Ordinance.The meeting will commence at 9:00 A.M.The Sunday and Monday Editions title of the proposed Ordinance is as follows: ARESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLDER COUNTY,FLORIDA,TO DISCLAIM,RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE 5PM Friday AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE CONSERVATION EASEMENT DESCRIBED IN OFFICIAL RECORD NO.84-37,AS AMENDED,CODIFIED IN CHAPTER 38,CIVIL BOOK 3996,PAGE 3495,ET SEQ.IN THE PUBUC RECORDS EMERGENCIES, ARTICLE III, DECLARATION OF STATE OF OF COLLIER COUNTY,FLORIDA.THE SUBJECT PROPERTY IS EMERGENCY,OF THE CODE OF LAWS AND ORDINANCES,TO LOCATED ON THE NORTHEAST CORNER OF PALM SPRINGS Free Merchandise Ads MAXIMIZE THE COUNTY'S CHANCE OF REIMBURSEMENT UNDER BOULEVARD AND RADIO LANE,APPROXIMATLY ONE HALF THE PUBLIC ASSISTANCE PROGRAM;PROVIDING FOR CONFLICT MILE WEST OF COLLIER BOULEVARD IN SECTION 34,TOWN- ANDSEVERABIDTY;PROVIDING FOR INCLUSION IN THE CODE OF SHIP 49 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA. We Offer FREE classified ads for non-commercial LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE (PETITION VAC-PL20170002386) items 5100 or less(the price must appear in the DATE. Atopy of the proposed Resolutbuis on file with the Clerk tothe ad),1 free ad per week,ads are 3 lines,run for 7 Copies of the proposed Ordinance is on file with the Clerk to the Boar and rs available for inspection.All interested partles are Board and are available for inspection.All interested parties are invited to attend and be heard. days,and the item will run one Mme as a free ad. invited t^attend and be heard. NOTE:All persons wishing to speak on any agenda item must These ads are not processed by phone. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the E-mail classaduiunaplesnews.com or mail to: egister with the County administratorprior to presentation of agenda item to be addressed.Individual speakers will be lie. Free Ads 1100 1mmokalee Road Naples,FL 34110. the agenda tel t0 be addressed. Individual speakers will be vied to 3 minutes on any item.The selection of any individual P limited to 3 minutes on any item.The selection of an Individual to speak on behalf of an organization or group is encouraged. to speak on behalf of an organization or group is encouraged. If recognized by the Chairman,a spokesperson for a group or If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included Real Estate For Sale BPersons wishing to have written or graphic materials included in IntheBoardagendapacketsmustsubmrtsaidmaterialamin- Y the Board agenda packets must submit said material a minimum ,mum of 3 weeks prior to the respective public hearing.In any Owner Special—$195 of 3 weeks prior to the respective public hearing any case case.Written materials intended to be considered by the Board rotten materials intended to be considered by the Board shall shall be submitted to the appropriate County staff a minimum be submitted to the appropriate County staff a minimum of of seven days prior to the public hearing.All materials used in Nine line ad,14 days in Naples Dailyseven days prior to the public hearing. All material used in presentations before the Board will become a permanent part y p presentations before the Board will become a permanent part of the record. of the record. News,all community publications, Any person who decides to appeal any decision of the Board Any person who decides to appeal a decision Of the Board will need a record of the proceedings pertaining thereto and NaplesNews.com and Topads. will need a record of the proceedings pertaining thereto and therefore,may need to ensure that a verbatim record of the therefore,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and proceedings is made,which record includes the testimony and evidence upon which the appeal is based. evidence upon which the appeal is based. Policy:Naples Daily News reserves the right to correctly If you area person with a disability who needs any accommOda- classify and edit all copy or to reject or cancel any If youareapersonwvthadvsabvlvty who needsany accommodation tion in order to participate in this proceeding,you are entitled, in order to participate in this proceeding,you are entitled,at no at no cost to you,to the provision of certain assistance.Please advertisement at any time.All ads placed by phone are cost to You to the provision of certain assistance.Please contact contact the Collier County Facilities Management Division, read back to the advertiser at the time of placement, the Collier County Facilities Management Department,located located at 3335 Tamvamt Trail East,Suite 101,Naples,FL 34112- e-moil verification provided to advertisers who provide at 3335 Tamiami Trail East,Suite 101,Naples,FL 34112.5356, 5356.(239)252-8380,at least two days prior,to the meeting. P P (239)252-8380,at least two days prior to the meeting.Assisted Assisted listening devices for the hearing impaired are available mail addresses.Only standard abbreviations are listening devices for the hearing impaired are available in the in the Board of County Commissioners Office. accepted.Classified ads are pre-paid unless prior credit Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS approval Is established. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA COLLIER COUNTY.FLORIDA PENNY TAYLOR,CHAIRMAN Corrections:Please check ad for errors on the first PENNY TAYLOR,CHAIRMAN Your DWIGHT E. CLERK dayhappears.Naples Daily News will not be responsible DWIGHT E.BROCK.CLERK By: Ann leooennelohohn for incorrect ads after the first day of publication. By:Teresa Cannon,Deputy Clerk Deputy Clerk(SEAL)(SEAL) September 6&13.2017 No.1744046 September 15.2017 No.17441356 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paps ,irty Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Count) Attorney Oilier no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAB 9/26/17 4. BCC Office Board of County \c>,- 9\2-'1\\--\ 5. Minutes and Records Clerk of Court's Office 11r5�11W" ce(2_1(1 1 9`4%trnt PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Dan Summers,B reau of Emergency Phone Number 252-3600 Contact/Department Management Agenda Date Item was 9/26/17 Agenda Item Number 17-I Approved by the BCC Type of Document Ordinance—Amend Chapter 38 Number of Original One Attached Documents Attached PO number or account N/A number if document is 315 to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature JAB 2. Does the document need to be sent to another agency for additional signatures? If yes, JAB provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAB Office and all other parties except the BCC Chairman and the Clerk to the Board 5.. The Chairman's signature line date has been entered as the date of BCC approval of the JAB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAB should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 9/26/17 and all changes made during the JAB N/A is not meeting have been incorporated in the attached document. The County Attorney's an option for Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for i e cy an option for Chairman's signature. this line. [04-C0A-01081/1344830/111:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05; Revised 11/30/12 171 ORDINANCE NO. 2017 - 3 8 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 CHANCE OF REIMBURSEMENT UNDER THE PUBLIC ASSISTANCE PROGRAM, PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County Ordinance No. 84-37 addressed 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; and WHEREAS, the Board subsequently amended Ordinance No. 84-37 by adopting Ordinance Nos. 2001-45, 2002-50, 2007-49, and 2011-34; and WHEREAS, this 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 add related definitions; and. WHEREAS, the Board finds that this amendment will maximize the County's chance of reimbursement under the Public Assistance Program. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: ORDINANCE NO. 84-37, AS AMENDED, AND CODIFIED IN SECTIONS 38-56 THROUGH 38-71 OF THE CODE OF LAWS AND ORDINANCES, ARE HEREBY AMENDED AS FOLLOWS AND SECTION 38-72 IS HEREBY ADDED AS SET FORTH BELOW: Section 38-56. Intent. It is the intent of the County to designate a County official to declare a local state of emergency and to authorize certain actions relating thereto when a quorum of the Board of County Commissioners is unable to meet. For the purpose of this Ordinance, "emergency" is defined as provided in Chapter 252, Florida Statutes as follows: any occurrence, or threat thereof, whether accidental, natural or caused by man, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. Words Underlined are added;Words Strusle-Through are deleted. Fes="z Page 1of16 0 '`- ' 171 Section 38-57. Definitions. [The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] (1) "Abandoned vehicle"means any vehicle meeting the definition of abandoned property, as defined in Section 705.101, Florida Statutes, that is left, stored or abandoned: (a) In a wrecked, inoperative, junked, partially dismantled, sunk, flooded or contributing to an uncontrolled release of fuel or hazardous materials upon the public property of the County. (b) On any roadway of the county without the consent of the agency having jurisdiction thereof (c) Left, stored, abandoned,junked,partially dismantled, sunk, flooded or contributing to an uncontrolled release of fuel or hazardous material, upon the property of another without the consent of the owner of the property. (2) "County work forces"means officers, employees, and agents of the county including, but not limited to, contractors retained by the county to push, remove, store, or dispose of disaster-generated debris or to otherwise act in response to the implementation of the county's disaster-generated debris removal management plan. (2) (31 "Derelict Vessel" means any vessel, as defined in Section 327.02, Florida Statutes, that is left, stored or abandoned: (a) In a wrecked,junked or substantially dismantled condition upon any public waters of the county or county property or right of way. (b) At any port, dock, or mooring of the county without the consent of the agency having jurisdiction. (c) Docked, grounded or beached upon property of another without consent of the owner of the property. (3) (4) "Disaster" means any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by the county, the Governor, or the President of the United States. Disasters shall be identified by the severity of resulting damage, as follows: (a) "Catastrophic disaster" means a disaster that will require massive state and federal assistance, including immediate military involvement. (b) "Major disaster" means a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance. (c) "Minor disaster"means a disaster that is likely to be within the response capabilities of local government and to result in only a minimal need for state or federal assistance. Words Underlined are added;Words t S^� T-Trough are deleted. Page 2 of 16 171 (5) "Disaster-generated debris" or "debris" means any material, including trees, branches., personal property, and building material deposited on county-owned property or rights-of- way or on private roads as a direct result of a major disaster or a catastrophic disaster. (a) The term includes, but is not limited to: 1. Vegetative debris, which means debris consisting of whole trees, tree stumps, tree branches, tree trunks, and other leafy material. 2. Hazardous limbs and hazardous trees, which means limbs or trees damaged in a major disaster or a catastrophic disaster and in danger of falling on primary ingress or egress routes or on county rights-of-way. 3. Construction and demolition debris, which means debris created by the removal of disaster-damaged interior and exterior materials from improved property such as lumber and wood, gypsum wallboard, glass, metal, roofing material, tile, carpeting and floor coverings, pipe, concrete, fully cured asphalt, equipment., furnishings, and fixtures. 4. HHW, which means household hazardous waste such as household cleaning supplies, insecticides, herbicides, and other products or materials containing volatile chemicals that catch fire, react, or explode under certain circumstances, or that are corrosive or toxic. 5. E-waste, which means electronic waste such as computer monitors, televisions, and other such electronics that contain hazardous materials. 6. White goods, which means discarded household appliances such as refrigerators, freezers,air conditioners,heat pumps,ovens,ranges,washing machines,clothes dryers, and water heaters. 7. Putrescent debris, which means debris that will decompose or rot such as animal carcasses and other fleshy organic matter. (b) The term does not include: 1. Debris from vacant lots, forests, heavily wooded areas, unimproved property, and unused areas:, 2. Debris on agricultural lands used for crops or livestock; 3. Concrete slabs or foundations-on-grade; and 4. Construction and demolition debris consisting of materials used in the reconstruction of disaster-damaged improved property. (6) "Disaster-generated debris removal management plan" means the action by the county taken in accordance with Section 38-72 herein (4) "Division" means the Division of Emergency Management of the Department of Community Affairs, or the successor to that division. Words Underlined are added;Words Struck Thio gh are deleted. Page 3 of 16 171 (5) (8) "Emergency" means any occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. (6)(9) "Emergency Management" means the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. Specific emergency management responsibilities include, but are not limited to: (a) Reduction of vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural, technological, or manmade emergencies or hostile military of paramilitary action. (b) Preparation for prompt and efficient response and recovery to protect lives and property affected by emergencies. (c) Response to emergencies using all systems, plans, and resources necessary to preserve adequately the health, safety, and welfare of persons or property affected by the emergency. (d) Recovery from emergencies by providing for the rapid and orderly start of restoration and rehabilitation of persons and property affected by emergencies. (e) Provision of an emergency management system embodying all aspects of pre- emergency preparedness and post-emergency response, recovery, and mitigation. (f) Assistance in anticipation, recognition, appraisal, prevention, and mitigation of emergencies which may be caused or aggravated by inadequate planning for and regulation of, public and private facilities and land use. (7) (10) "Emergency Management Department" means the County department created in accordance with the provisions of Florida law to discharge the emergency management responsibilities and functions of Collier County. (11) "Hazardous tree"means a tree greater than six(6)inches in diameter(measured at diameter breast height) and which meets any of the following criteria: (a) More than fifty (50) per cent of the crown is damaged or destroyed; (b) The trunk is split or broken branches expose the heartwood; or (c) The tree is leaning at an angle greater than thirty (30) degrees and shows evidence of ground disturbance. (12) "Hazardous limb" means a broken tree limb greater than two (2) inches in diameter measured at the point of break. (8) (13) "Manmade Emergency" means an emergency caused by an action against persons or society,including,but not limited to,enemy attack, sabotage,terrorism,civil unrest,or other action impairing the orderly administration of government. Words Underlined are added;Words Strunk-Through are deleted. Page 4 of 16 171 (9)(14) "Natural Emergency" means an emergency caused by a natural event, including, but not limited to, a hurricane, a storm, a flood, severe wave action, a drought, or an earthquake. (10)(15) The "Director of the Office of Emergency Management" is the County official having the responsibility to execute the emergency management plan in Collier County and shall hereinafter be referred to as the "director." (16) "Private road" means any nonpublic road that is located within the county and has a designated name and private road signage, the maintenance of which is not the legal responsibility of the county. The term includes, but is not limited to, roads owned and maintained by homeowners' associations, including gated communities, and roads for which no individual or entity has claimed or exercised maintenance responsibility. The term also includes the land lying within the three-foot roadside shoulder area on both sides of the travel lanes of such road. (17) "Right-of-way" means the portions of county-owned land over which facilities such as highways, roads, railroads, or power lines are built. The term includes the county-owned land on both sides of such facilities up to the boundary of the adjoining property. (18) "Stafford Act" means the Robert T. Stafford Disaster Relief and Emergency Assistance Act codified in 42 U.S.C. 5121 through 5207, as the same may be amended from time to time. Section 38-58. Officer Designated to Declare Emergency. Pursuant to Chapter 252, Florida Statutes, which authorizes the waiver of procedures and formalities otherwise required of political subdivisions to take whatever prudent action is necessary to ensure the health, safety and welfare of the community in the event of a state of emergency, when a quorum of the Board Of County Commissioners is unable to meet, the Chairman of the Board of County Commissioners,or the Vice-Chairman in his or her absence,and in the absence of the Chairman and Vice-Chairman; the next County Commissioner in order of seniority, or if two or more were appointed on the same date, then in alphabetical order among them; and in the absence of any Commissioner;the County Manager, in the absence of the County Manager; the Clerk of Courts; and in the Clerk's absence the Deputy County Manager are hereby designated and empowered to declare a local state of emergency whenever the designated person, according to the above order of preference shall determine that a natural or manmade disaster has occurred or that the occurrence or threat of one is imminent and requires immediate and expeditious action. Section 38-59. Extent of Statement of Emergency. A state of emergency shall be declared by proclamation of the Chairman, or the Vice Chairman in his or her absence, and in the absence of the Chairman and Vice-Chairman; the next County Commissioner in order of seniority, or if two or more were appointed on the same date, then in alphabetical order among them, and in the absence of any Commissioner; the County Manager, in the absence of the County Manager; the Clerk of Courts; and in the Clerk's absence; the Deputy County Manager. The state of emergency shall continue for seven days and may be Words Underlined are added;Words Strom n rough are deleted. Page 5 of 16 171 extended in seven day increments until the Chairman, or Vice-Chairman in his absence, the next County Commissioner in order of seniority, or if two or more were appointed on the same date, then in alphabetical order among them, and in the absence of any Commissioner; the County Manager, and in the absence of the County Manager, the Clerk of Courts, and in the Clerk's absence; the Deputy County Manager finds that the threat or danger no longer exists and/or until an emergency meeting of a quorum of the Board of County Commissioners can take place and terminate the state of emergency proclamation. Section 38-60. Proclamation. A proclamation declaring a state of emergency shall activate the disaster emergency plans applicable to the County and shall be the authority for the use or distribution of any supplies, equipment, materials or facilities assembled or arranged to be made available pursuant to such plans. Section 38-61. Use of Public Facilities for Shelters. Public facilities, including schools, postsecondary education facilities, and other facilities owned or leased by the state or local governments,but excluding hospitals or nursing homes,which are suitable for use as public hurricane evacuation shelters shall be made available at the request of the emergency management director or emergency management director's designee. The director or the director's designee shall coordinate with the appropriate school board, university, community college, or local governing board when requesting the use of such facilities as public hurricane evacuation shelters. Section 38-62. Power of Employees Rendering Outside Aid. (1) Whenever the employees of the County are rendering aid beyond the territorial boundaries of the County, such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the County. (2)(a) The political subdivision in which any equipment is used pursuant to this section shall be liable for any loss or damage thereto and shall pay any expense incurred in the operation and maintenance thereof. No claim for such loss, damage, or expense shall be allowed unless an itemized notice of such claim under oath is served by mail or otherwise upon the chief fiscal officer of the political subdivision in which the equipment was used within 60 days after the loss,damage, or expense is sustained or incurred. (b) The political subdivision which is aided pursuant to this section shall also pay and reimburse the county for furnishing such aid for compensation paid to employees furnished under this section during the time of the rendition of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such reimbursement shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. The term "employee" as used in this section means, and the provisions of this section apply with equal effect to, paid, volunteer, and auxiliary Words Underlined are added;Words Stn. gh are deleted. Page 6of16 171 employees and emergency management services workers. The same shall apply for aid rendered to Collier County. Section 38-63. Mutual Aid Agreements. The County is authorized to develop and enter into mutual aid agreements within the state for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted. Copies of such agreements shall be sent to the Florida Division of Emergency Management. Such agreements shall be consistent with the state comprehensive emergency management plan and program, and in time of emergency it shall be the duty of the County to render assistance in accordance with the provisions of such mutual aid agreements to the fullest possible extent. Section 38-64. Compensation. (1) Compensation for services or for the taking or use of property shall be owed only to the extent that a claimant may not be deemed to have volunteered her or his services or property without compensation and only to the extent that such taking exceeds the legal responsibility of a claimant to render such services or make such property so available. (2) Compensation owed for personal services shall be only such as may be fixed by the Florida Division of Emergency Management. (3) Compensation for property shall be owed only if the property was commandeered or otherwise used in coping with an emergency and its use or destruction was ordered by the County. (4) Any person claiming compensation for the use, damage, loss, or destruction of property shall file a claim therefor with the County. (5) Unless the amount of compensation owed on account of property damaged, lost, or destroyed is agreed between the claimant and the County, the amount of compensation shall be calculated in the same manner as compensation due for a taking of property pursuant to the condemnation laws of this state except that if a party making a claim pursuant to this provision who disagrees with the amount of compensation offered by the County shall bear its own costs and attorney fees. (6) Nothing in this section applies to or authorizes compensation for the destruction or damaging of standing timber or other property in order to provide a firebreak or damage resulting from the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood or applies to or authorizes compensation beyond the extent of funds available for such compensation. Section 38-65. Emergency Orders and Rules. Words Underlined are added;Words Struck Through are deleted. Page 7 of 16 171 All emergency orders and rules adopted by the County during a declared state of emergency shall have the full force and effect of law after adoption when filed in the office of the Clerk of Courts or the designee of the Clerk of Courts. Section 38-66. Enforcement. The law enforcement authorities of the County and municipalities of the County shall enforce the orders and rules issued pursuant to Section 38-65 herein. Section 38-67. Liability. Any person or organization, public or private, owning or controlling real estate or other premises who voluntarily and without compensation other than payment or reimbursement of costs and expenses, grants a license or privilege or otherwise permits the designation by the County emergency management department for use of the whole or any part of such real estate or premises for the purpose of sheltering persons during an actual, impending, mock, or practice emergency, together with her or his successor in interest, if any, shall not be liable for the death of, or injury to, any person on or about such real estate or premises during the actual, impending, mock, or practice emergency, or for loss of, or damage to, the property of such person, solely by reason or as a result of such license,privilege, designation, or use,unless the gross negligence or the willful and wanton misconduct of such person owning or controlling such real estate or premises or her or his successor in interest is the proximate cause of such death, injury, loss, or damage occurring during such sheltering period. Any such person or organization who provides such shelter space for compensation shall be deemed to be an instrumentality of the State or the County where applicable, for the purposes of Section 768.28, Florida Statutes. Section 38-68. Authorized Emergency Measures. In addition to any other powers conferred by law, upon the declaration of a state of emergency pursuant to this Ordinance,the Chairman, or Vice-Chairman in his or her absence, and in the absence of the Chairman and Vice-Chairman; the next County Commissioner in order of seniority, or if two or more were appointed on the same date, then in alphabetical order among them, and in the absence of any Commissioner; the County Manager, in the absence of the County Manager; the Clerk of Courts; and in the Clerk's absence;the Deputy County Manager,may order and promulgate all or any of the following emergency measures to be effective during the period of such emergency in whole or in part, and with such limitation and conditions as he may deem appropriate to protect the health, safety and welfare of the community: (1) Suspend or limit the sale, dispensing or transportation of alcoholic beverages, explosives, and combustibles. (2) Establish curfews, including but not limited to the prohibition of or restrictions on pedestrian and vehicular movement, standing and parking, except for the provision of designated,essential services,such as fire,police,emergency medical services and hospital services, including the transportation of patients,utility emergency repairs and emergency calls by physicians. Words Underlined are added,Words Stwe Through are deleted. Page 8 of 16 171 (3) Utilize all available resources of the County government as reasonably necessary to cope with the disaster emergency. Any single expenditure exceeding $50,000.00 shall be cosigned by the County Attorney or his or her designee. (4) Emergency management powers; political subdivisions. a. To appropriate and expend funds; make contracts; obtain and distribute equipment, materials,and supplies for emergency management purposes;provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; b. To appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel and other emergency management workers. (5) Declare certain areas off limits to all but emergency personnel. (6) Make provisions for availability and use of temporary emergency housing and emergency warehousing of materials. (7) Establish emergency operating centers and shelters in addition to or in place of those provided for in the County's emergency plan. (8) Declare that during an emergency it shall be unlawful and an offense against the County for any person to use the fresh water supplied by the County, or local municipalities or other entities for any purpose other than cooking, drinking or bathing. (9) Declare that during an emergency it shall be unlawful and an offense against the County for any person operating within the County to charge more than the normal average retail price for any merchandise, goods or services sold during the emergency.The average retail price as used herein is defined to be that price at which similar merchandise, goods or services were being sold during the 30 days immediately preceding the emergency or at a mark-up which is a larger percentage over wholesale cost than was being added to wholesale cost prior to the emergency. (10) Confiscate merchandise, equipment, vehicles or property needed to alleviate the emergency, with the exception of emergency vehicles. Reimbursement shall be within 60 days and at customary value charged for the items during 90 days previous to the emergency. (11) Preceding or during the emergency,the Chairman,the Vice-Chairman, or in their absence, the Manager, shall have the authority to request the National Guard or the Army, Coast Guard, or other law enforcement divisions as necessary to assist in the mitigation of the emergency or to help maintain law and order, rescue and traffic control. Words Underlined are added;Words Struck—Through are deleted. Page 9 of 16 1 7 i (12) Further, the County has the power and authority to waive the procedures and formalities otherwise required by law pertaining to: a. Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community. b. Entering into contracts. c. Incurring obligations. d. Employment of permanent and temporary workers. e. Utilization of volunteer workers. f. Rental of equipment. g. Acquisition and distribution, with or without compensation, of supplies, materials, and facilities. h. Appropriation and expenditure of public funds. (13) Authorize the emergency purchase of radio, television, print or any other paper or electronic media for the purposes of advertising residents of protective action recommendations, recovery information and debris removal or disposal requirements or any other pertinent information in support of public health or safety. (14) Activate a statewide mutual-aid system. Any expenditure made in connection with emergency activities, including mutual-aid activities, shall be deemed conclusively to be for direct protection and benefit of the inhabitants and mitigate the potential for severe environmental property damage of the County. (15) Make a determination that: a. There is a threat to public health and safety that may result from the generation of widespread debris throughout the County; b. Such debris constitutes a hazardous environment for all modes of movement and transportation of the residents as well as emergency aid and relief services; c. There is an endangerment to all properties in the County; d. There is an environment conducive to breeding disease and vermin; e. There is a greatly increased risk of fire; f. It is in the public interest and safety to collect and remove disaster debris from all property, whether public lands, public or private roads, and gated communities, to eliminate an immediate threat to life, public health and safety to reduce the threat of additional damage to improved property and to promote economic recovery of the community at large. (16) Authorize the County or its contracted agent(s)the right of access to private roads or gated communities as needed for: a. Emergency vehicles such as,but not limited to, fire,police and medical care. b. Performance of damage assessment, emergency management, specialized search and rescue teams. c. Human services and victim relief. Words Underlined are added;Words gtirusk—Thretigh are deleted. Page 10 of 16 171 d. Temporary emergency traffic controls or detour efforts. e. Debris removal vehicles and equipment, utility equipment and sanitation efforts to alleviate immediate threats to public health and safety. (17) Authorize the removal of debris, wreckage or collapsed structures resulting from a major disaster for a safe and sanitary living or functioning condition of the proximate environment. (18) Authorize the removal of derelict vessels pursuant to Florida Statutes and in conjunction with the Florida Fish and Wildlife Conservation Commission. (19) Authorize the removal of abandoned vehicles pursuant to Florida Statutes in conjunction with law enforcement of the city, county or state. Section 38-69. Declaration, Termination by Board While in Session. Nothing in this Ordinance shall be construed to limit the authority of the Board of County Commissioners from declaring or terminating a state of emergency and taking any action authorized by law when sitting in regular or special session. Section 38-70. Penalty for Violation. Penalties. Any person violating any provision of this Emergency Management Code or any rule or order made pursuant to this Emergency Management Code is guilty of a misdemeanor of the second degree, punishable as provided in Sections 775.082 or 775.083, Florida Statutes. Each day of continued noncompliance or violation shall constitute a separate offense. In addition to the foregoing, any licensee of the County found guilty of violation any provision of this Ordinance, or the emergency measures which may be made effective pursuant to this Ordinance, may have his license suspended or revoked by the Board of County Commissioners. (a) Nothing herein contained shall prevent the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any refusal to comply with, or violation of, this Ordinance or the emergency measures which may be made effective pursuant to this Ordinance. Such other lawful action shall include but not be limited to an equitable action for injunctive relief or an action at law for damages. Section 38-71. Right of Entry and Indemnification. In order to facilitate the timely removal of debris from private roads and gated roads and streets to clear or collect disastcr debris on or adjacent to the private road or street. In conjunction with the right of entry, each property owner adjacent to a private road or street or gated community association shall indemnify and hold harmless the United States Government,Department of Homeland Security(DHS),Federal Emergency Management Agency Words Underlined are added;Words Struck-Through are deleted. Page 11 of 16 171 (FEMA), the State of Florida, Collier County and their agents, officers, employees, volunteers, contractors and subcontractors, from any and all claims, losses, penalties, demands, judgments, and costs of suit, including, but not limited to, worker's compensation claims, and including attorney's fees and paralegal fees, for any expense, damage or liability incurred by any of them, whether for personal injury, property damage, direct or consequential damages, or economic loss, arising directly or indirectly on account of or in connection with the work performed by any of the above pertaining to any hazard or disaster mitigation, recovery or reconstruction management. Section 38-72. Disaster-Generated Debris Removal Management Plan; Authority, Priorities and Limitations. 1) The County Manager, or designee, shall have the authority, subject to the limitations of this section, 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. The removal of such disaster-generated debris is authorized only after a major disaster or a catastrophic disaster and upon the determination by the County Manager,or designee,that such removal is reasonably necessary to eliminate immediate threats to life, public health, and safety; to eliminate immediate threats of significant damage to improved County-owned property; or to ensure economic recovery of the affected community to the benefit of the community at large. (a) An immediate threat to life,public health,and safety shall be deemed to exist if any one (1) of the following conditions is satisfied: 1. There is a significant likelihood that rescue vehicles will be significantly hindered from rendering emergency services if the disaster-generated debris is allowed to remain in place; 2. The type of disaster-generated 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 removal of the disaster-generated debris is necessary to effectuate orderly and expeditious restoration of County-wide utility services including, but not limited to,power, water, sewer, and telephone; 4. The disaster-generated debris is determined by the County building official or public health official to be dangerous or hazardous; 5. The disaster-generated debris prevents solid waste collection, thereby creating a public health and safety hazard; 6. The disaster-generated debris contains contaminants which have a reasonable likelihood of leeching into the soil and/or aquifer of the County; 7. The disaster-generated debris has a substantial negative impact upon public health and safety by preventing or adversely affecting emergency repairs to buildings and/or property; 8. The disaster-generated debris presents a reasonable danger of being transported by wind and/or water to neighboring properties, thereby increasing the cost of recovery and removal; Words Underlined are added;Words Struck-Through are deleted. Page 12 of 16 171 9. The disaster-generated debris is significantly likely to produce mold or may otherwise cause disease,illness,or sickness which could injure or adversely affect the health, safety, or general welfare of the public; 10. The presence of the disaster-generated debris significantly adversely impacts the County's recovery efforts; 11. The disaster-generated debris significantly interferes with drainage or water runoff, so as to be a significant hazard in the event of significant rainfall; 12. The sheer volume of the disaster-generated debris is such that it is impractical and unreasonable to remove in an orderly and efficient manner absent action by the County; or 13. The type, extent and nature of the disaster-generated debris is such that it would cause much greater damage if not removed immediately. (b) An immediate threat of significant damage to improved County-owned property shall be deemed to exist if the cost to remove the disaster-generated debris is less than the cost of potential damage to the improved property, thereby being a cost effective removal. (2) Removal from County-owned property and County rights-of-way. (a) In removing disaster-generated debris from County-owned property and County rights-of-way, the highest priority shall initially be given to responding to immediate threats to life,public health, and safety; eliminating immediate threat of significant damage to County property or facilities; and pushing or removing disaster-generated debris from the County rights-of-way to permit safe passage. (b) The removal of disaster-generated debris in accordance with the priority set forth in subsection(b)(1) shall begin as soon as functionally feasible after the occurrence of a major disaster or catastrophic disaster. The primary operation of the County work forces will be to cut and toss disaster-generated debris,depositing it along the County rights-of-way, thereby creating access to the major arterial roadways to allow for expedited search and rescue efforts as well as recovery efforts. Upon completion of the cut and toss operation,County work forces will begin the removal of other disaster-generated debris. The owners of private property or those individuals otherwise in possession of private property that adjoins County rights- of-way may place disaster-generated debris in the County right-of-way in accordance with the requirements set forth in subsection (d). The community-at- large will be notified of the initial start date for removal of disaster-generated debris by County work forces and will subsequently be notified prior to the last removal pass by County work forces. After the last such removal pass,County residents will be responsible for the removal of any remaining disaster-generated debris which meets pre-disaster service collection requirements whether they be self-provided., provided through a private contractor, or provided through regular waste disposal services. (c) Upon the resumption of pre-disaster waste collection activities, County residents will be held accountable for the placement of any remaining disaster-generated debris along County rights-of-way and private roads, or on private property,which Words Underlined are added;Words Struck Through are deleted. Page 13 of 16 171 placement does not meet pre-disaster collection service standards and is found to be not in compliance with this Ordinance or with any other County regulation. (d) The removal of disaster-generated debris consisting of either hazardous trees or hazardous limbs on County-owned property and County rights-of-way is authorized only upon the satisfaction of each of the following conditions: 1. The damage to the hazardous tree or hazardous limb was the result of the disaster; and 2. The hazardous tree or hazardous limb is in danger of falling on a structure or other improvement, on a primary ingress or egress route, or on a County right-of-way. (3) Removal from private roads. (a) The authority for County work forces to enter upon a private road for utilization in the disaster-generated debris removal management plan shall be as provided in Section 252.36(d), Florida Statutes, or as may be thereafter amended, and shall in no way be deemed to be a trespass. (b) The removal by County work forces of disaster-generated debris from private roads shall be performed only upon the satisfaction of each of the following conditions: 1. The disaster-generated debris removal management plan has been implemented in accordance with this section; 2. A determination has been made by the County work forces that such removal is reasonably necessary to eliminate immediate threats to life, public health, and safety or to ensure economic recovery of the affected community to the benefit of the community-at-large; provided, however, that the highest priority shall initially be given to responding to immediate threats to life, public health, and safety; and 3. Any disaster-generated debris removed from a private property has been placed in or adjacent to the private road in accordance with the requirements of this section, unless such requirements have been waived by the County Manager or his or her designee. (c) Removal of hazardous trees or hazardous limbs. The removal of disaster-generated debris consisting of either hazardous trees or hazardous limbs overhanging or otherwise endangering a private road shall be deemed to be the responsibility of the adjacent private property owners, and the County work forces shall not be authorized to remove or to otherwise act upon such disaster-generated debris unless it is necessary to eliminate an immediate threat to the safety of County work forces. (d) With regard to the implementation of its disaster-generated debris removal management plan, and subject to the restrictions and requirements of Section 768.28, Florida Statutes, the County shall indemnify and hold the federal government, its agencies and employees, harmless from any claims arising from or based upon the exercise or performance of, or the failure to exercise or perform, a Words Underlined are added;Words Stfaek-Threagh are deleted. Page 14 of 16 171 discretionary function or duty on the part of any federal agency or any employee of the federal government in carrying out the provisions of the Stafford Act. (4) Responsibility of private property owners. (a) The owners of private property, or those individuals otherwise in possession of private property, shall be responsible for assuring that the placement of any disaster-generated debris in County rights-of-way or on private roads for removal by County work forces satisfies each of the following conditions: 1. The disaster-generated debris shall be neatly stacked, piled, or placed with its leading edge lying within the three-foot roadside shoulder area on either side of the travel lanes of the road. 2. The disaster-generated debris shall be separated into stacks or piles of the following types of debris: i. Putrescent debris and mixed common household items. ii. Vegetative debris. iii. Construction and demolition debris. iv. White goods. v. Hazardous household waste and electronic waste. 3. The disaster-generated debris shall be placed so that it does not block the roadway, traffic signs and signals, or stormwater structures. 4. The disaster-generated debris shall be placed so that it is not under any power lines, not on top of any water meters, or not within three (3) feet of any power poles, fire hydrants, vehicles, mailboxes, or fences. (b) Any damage to personal property by County work forces resulting from the placement of disaster-generated debris in a manner inconsistent with this section shall be the responsibility of the private property owner, or individual otherwise in possession of private property, who misplaced such debris. (c) Any owners of private property, or any individuals otherwise in possession of private property, who stack, pile, or otherwise place anything for removal on County rights-of-way or on private roads which is deemed not to be disaster- generated debris, shall be responsible for removing such unauthorized debris no later than twenty-four(24)hours after notification of such removal requirement by a member of the County work forces. Any such owner or other individual who fails to timely comply with such removal requirement shall thereafter be responsible for any costs associated with the removal of such unauthorized debris by County work forces. SECTION TWO: CONFLICT AND SEVERABILITY Words Underlined are added.Words Struckgh are deleted. Page 15of16 171 In the event that this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _day of<\-cx,-,bcr-, 2017. ATTEST: . l- P^i ,,. BOARD OF COUNTY COMMISSIONERS DWIGH' 'E. BROGI<,/CLERK COLLIE' C• I TY, FLORIDA F` r AO tia By: - � AkA� BY: / ✓//✓I A Attest as to Cliairmaii ' penut, le PENNY TAI ll ' , CHAD,'A ; signature only: s ti istom. Approved as to form and legality: Jennifer A. Belpedi 111 097G'' Th;s orrtir(ir e r. 'h n•e Assistant County Attorney ,' Secretary of —� Y"+<? e2: doy c.)` Sept-cos r, 17 fr- ;rl{P,,, * , � // It that Y. r°,e, `, : 3L... 'loy of 24)1 7 Words Underlined are added;Words Strias#-Threugh are deleted. Page 16 of 16 (...il''' 171 ofI,Li6 ♦ o ,-,.„ i • uii { ,.,,,. ...!,...1%4 . `,�uuy,'H. FLORIDA DEPARTMENT Of STATE r RICK SCOTT KEN DETZNER Governor Secretary of State September 28, 2017 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha S. Vergara, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2017-38,which was filed in this office on September 28, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us