Loading...
Agenda 06/26/2018 Item #16K206/26/2018 EXECUTIVE SUMMARY Recommendation to direct the County Attorney to advertise, and bring back for a Public Hearing, an ordinance amending Collier County Ordinance No. 84-37, as amended, known as the State of Emergency Ordinance, to provide that curfews and other authorized emergency measures taken during civil emergencies will be enacted via Resolution. OBJECTIVE: To better document emergency measures requiring law and code enforcement that are ordered during times of civil emergencies. CONSIDERATIONS: Collier County Ordinance No. 84-37, as amended (known as the State of Emergency Ordinance), authorizes certain County Officials to declare a local state of emergency and to order certain enumerated actions when a quorum of the Board of County Commissioners is unable to meet, including establishing a curfew. Following Hurricane Irma’s landfall in Collier County on September 10, 2017, the Chair of the Board of County Commissioners, in consultation with the Collier County Sheriff, established a curfew. The curfew was ordered in full conformance with both the State of Emergency Ordinance and Resolution No. 2017-144, in which the Board declared a State of Emergency, and was done in a manner consistent with past practices. On June 8, 2018 I received an email from the Clerk’s Office, which stated in relevant part as follows: “In 2017, Hurricane Irma had a huge impact on Collier County and the processes before and after have been evaluated. I would respectfully request for the future emergency events to have the BCC approve/authorize an official document(s) be prepared when it comes to local restrictions or notifications pertaining to curfews. Our office alone had NUMEROUS requests from the State Attorney’s Office, Public Defender’s Office and local attorneys to get a copy of the resolution or official document setting a curfew for Collier County before/during/after Hurricane Irma. However, we did not have one to provide to them. We did have the transcript for the BCC Emergency Meeting of September 6, 2017 that authorized the County Manager and the Sheriff to do what would be needed for Collier County during the storm event (before/after), but nothing noting the dates or block of time regarding Collier County curfews…This is a request to document this emergency action, in writing, regarding curfews in the future. It would assist the various judicial authorities in preparing for court cases. Please let me know if you have any questions.” A copy of the email is included as back-up to this item. To address this concern, I am proposing the following change to the State of Emergency Ordinance: 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 (collectively referred to as the “Authorized County Official”), may order and promulgate all or any of the following emergency measures to be effective during the period of such emergency in 06/26/2018 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. *************** (19) Authorize the removal of abandoned vehicles pursuant to Florida Statutes in conjunction with law enforcement of the city, county or state. Any emergency measure which may require law or code enforcement of any kind shall be memorialized as soon as reasonably practical by a Resolution signed by the Authorized County Official who took such action, which Resolution shall upon execution have the same force and effect as if adopted by the Board of County Commissioners. The Resolution shall be filed as Miscellaneous Correspondence at the next regular meeting of the Board of County Commissioners. FISCAL IMPACT: The estimated cost of advertising is $400. The source of funds is General Fund (001) ad valorem. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: That the Board directs the County Attorney to advertise, and bring back for a Public Hearing, an ordinance amending Collier County Ordinance No. 84-37, as amended, known as the State of Emergency Ordinance, to provide that curfews and other authorized emergency measures taken during civil emergencies will be enacted via Resolution. Prepared by: Jeffrey A. Klatzkow, County Attorney ATTACHMENT(S) 1. Ordinance - amending Chapter 38 - Civil Emergencies (002) (DOCX) 2. Email from Clerk's Office (002) (DOCX) 06/26/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.2 Doc ID: 5941 Item Summary: Recommendation to direct the County Attorney to advertise, and bring back for a Public Hearing, an ordinance amending Collier County Ordinance No. 84-37, as amended, known as the State of Emergency Ordinance, to provide that curfews and other authorized emergency measures taken during civil emergencies will be enacted via Resolution. Meeting Date: 06/26/2018 Prepared by: Title: Legal Assistant/Paralegal – County Attorney's Office Name: Virginia Neet 06/13/2018 11:29 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 06/13/2018 11:29 AM Approved By: Review: County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/13/2018 11:34 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/14/2018 8:44 AM Office of Management and Budget Allison Kearns Additional Reviewer Completed 06/15/2018 11:08 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/15/2018 3:48 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM Words Underlined are added; Words Struck-Through are deleted. Page 1 of 5 ORDINANCE NO. 2018 - _____ 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, PROVIDING FOR CURFEWS AND OTHER AUTHORIZED EMERGENCY MEASURES TO BE ENACTED VIA RESOLUTION; 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, 2011-34, and 2017-38, which are codified in Chapter 38, Civil Emergencies, Article III, Declaration of State of Emergency, of the Code of Laws and Ordinances of Collier County, Florida; and WHEREAS, this amendment is to direct that curfews and other authorized emergency measures enacted pursuant to Section 38-68 shall be memorialized in writing by a Resolution signed by the County Official authorized by Section 38-68 to enact such emergency measures when a quorum of the Board is unable to meet; and WHEREAS, the Board finds that the adoption of this amendment advances the health, safety, and welfare of the residents of Collier County. 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 as codified in Article III, Declaration of State of Emergency, Section 38-68 Authorized Emergency Measures, of the Code of Laws and Ordinances of Collier County, Florida, is hereby amended as follows: Words Underlined are added; Words Struck-Through are deleted. Page 2 of 5 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 (collectively referred to as the “Authorized County Official”), 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. (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. Words Underlined are added; Words Struck-Through are deleted. Page 3 of 5 (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. (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. Words Underlined are added; Words Struck-Through are deleted. Page 4 of 5 (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. 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. Any emergency measure which may require law or code enforcement of any kind shall be memorialized as soon as reasonably practical by a Resolution signed by the Authorized County Official who took such action, which Resolution shall upon execution have the same force and effect as if adopted by the Board of County Commissioners. The Resolution shall be filed as Miscellaneous Correspondence at the next regular meeting of the Board of County Commissioners. SECTION TWO: CONFLICT AND SEVERABILITY Words Underlined are added; Words Struck-Through are deleted. Page 5 of 5 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 _____________, 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By:_______________________________ , Deputy Clerk ANDY SOLIS, CHAIRMAN Approved as to form and legality: ___________________________ Jeffrey A. Klatzkow, County Attorney From: Patricia L. Morgan [mailto:patricia.morgan@collierclerk.com] Sent: Tuesday, June 05, 2018 2:51 PM To: OchsLeo <Leo.Ochs@colliercountyfl.gov>; CasalanguidaNick <Nick.Casalanguida@colliercountyfl.gov>; KlatzkowJeff <Jeff.Klatzkow@colliercountyfl.gov> Cc: BrockMaryJo <MaryJo.Brock@colliercountyfl.gov>; NeetVirginia <Virginia.Neet@colliercountyfl.gov>; Patricia L. Morgan <patricia.morgan@collierclerk.com> Subject: Emergency Procedure Request Good Afternoon, In 2017, Hurricane Irma had a huge impact on Collier County and the processes before and after have been evaluated. I would respectfully request for the future emergency events to have the BCC approve/authorize an official document(s) be prepared when it comes to local restrictions or notifications pertaining to curfews. Our office alone had NUMEROUS requests from the State Attorney’s Office, Public Defender’s Office and local attorneys to get a copy of the resolution or official document setting a curfew for Collier County before/during/after Hurricane Irma. However, we did not have one to provide to them. We did have the transcript for the BCC Emergency Meeting of September 6, 2017 that authorized the County Manager and the Sheriff to do what would be needed for Collier County during the storm event (before/after), but nothing noting the dates or block of time regarding Collier County curfews. Also, we have the following resolutions on file: 2017-144 Declaring a State of Emergency for seven days for all territory within the legal boundaries of Collier County including all incorporated and unincorporated areas. 09/06/2017 Item #3 2017-145 Following the declaration of a state of local emergency for all territory in Collier County providing for emergency services during Hurricane Irma. 09/06/2017 Item #4A 2017-146 Declaring a public interest and necessity in removing debris caused by Hurricane Irma on or adjacent to public and private roads throughout Collier County and delegating to the County Manager the time and dates on an as needed basis for the waiver of fee and emergency services. 09/06/2017 Item #4C 2017-147 The list of budget amendments as outlined in the Executive Summary and providing the Sheriff's Office funds as needed. 09/06/2017 Item #4C This is a request to document this emergency action, in writing, regarding curfews in the future. It would assist the various judicial authorities in preparing for court cases. Please let me know if you have any questions. Best Regards, Trish Trish Morgan, BMR Director Clerk to the Board & VAB 3299 Tamiami Trail East, Suite 401 Naples, FL 34112 239-252-8399 Phone 239-252-8408 Fax Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of th e Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having lef t the CollierClerk.com domain. 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. 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.