Item #04 Approval of Resolution to Collect Disaster Debris within the City of Ocoee from Private Roads and/or Gated Communities ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: October 3, 2017
Item #
Reviewed By:
Contact Name: Stephen C. Krug Department Director:
Contact Number: 6002 City Manager:
Subject: Hurricane Irma - Collection of Disaster Debris within the City o •coee and from
Private Roads and/or Gated Communities and Resolution No. 2017-016.
Background Summary:
The collection and disposal of vegetative debris resulting from Hurricane Irma began after the storm
passed. In order to be eligible for FEMA reimbursement for removal of debris from private property (i.e.,
roads or gated communities), it is necessary to provide written notice to FEMA in accordance with their
guidelines. The notice includes documentation to satisfactorily demonstrate that the debris removal
from private roads is in the public interest and meets proper legal authority as summarized in the
attached Resolution 2017-016. Public Works recommends submitting the notice and Resolution to
FEMA based on the concurrence of the Orange County Department of Health, the City Manager, Police
Chief, Fire Chief and Public Works Director in order to maintain safe access for emergency response in
all areas throughout the City.
Issue:
Request the City Commission to approve FEMA notification for collection of disaster debris from private
roads and/or gated communities within the City of Ocoee.
Recommendations:
Recommend the City Commission approve Resolution No. 2017-016 and authorize the notification to
FEMA of the City's intent to provide private property debris removal on streets within gated communities
within the City of Ocoee.
Attachments:
Resolution No. 2017-016.
Letter from Orange County Health Department.
Letter from City Manager to FEMA for Funding Approval of PPDR.
Financial Impact:
The collection and disposal of disaster debris is reimbursable to the extent allowed by Federal and
State guidelines (FEMA reimbursement). The initial cost is borne by the City. The magnitude of the
cost is not known at this time.
Type of Item: (please mark with an "x)
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. gJ N/A
Review ed by ( ) N/A
2
RESOLUTION NO. 2017-016
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
RELATING TO POST-HURRICANE IRMA DISASTER
DEBRIS COLLECTION; PROVIDING FOR DECLARATION
OF FINDINGS AND INTENT; PROVIDING FOR REMOVAL
OF DISASTER DEBRIS; PROVIDING FOR RIGHT OF
ENTRY; PROVIDING FOR IMPLEMENTATION OF
ADMINISTRATIVE ACTION; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 4, 2017, Florida Governor Rick Scott issued Executive Order
Number 17-235 relating to emergency management in the wake of Hurricane Irma; and
WHEREAS, on September 10 and September 11, 2017, the City of Ocoee ("City"),
located in Orange County, Florida, along with other communities throughout the State of Florida,
were severely impacted by Hurricane Irma; and
WHEREAS, due to Hurricane Irma, President Donald Trump declared a major disaster
in the State of Florida and ordered Federal aid to supplement local recovery efforts in areas
affected by Hurricane Irma; and
WHEREAS, Hurricane Irma has created widespread disaster debris throughout the City,
including creating widespread disaster debris in private and gated communities; and
WHEREAS, the City has begun to expeditiously remove all storm debris from public
rights of way and is aware of vast amounts of storm debris on private roadways and in gated
communities that must be removed; and
WHEREAS, the City Manager, Police Chief, Fire Chief, and Public Works Director have
all deemed the continued presence of storm debris on private property to be detrimental to the
public health, safety, and welfare of the City's citizens; and
WHEREAS, the Orange County Department of Health has notified the City that disaster-
generated debris on private property in the City constitutes an immediate threat to life, public
health or safety, or to the economic recovery of the community; and
WHEREAS, having heard from City staff that the presence of such debris creates an
unsafe and unhealthy public nuisance condition, the City Commission of the City of Ocoee
(hereafter "Commission") has determined that it is in the public interest to remove storm debris
from private property and has determined that the public health and safety need to engage in such
removal from private and gated communities qualifies the City for reimbursement for such storm
debris removal provided that the procedures and prerequisites stated by the Federal Emergency
Management Agency(FEMA)are followed and satisfied; and
WHEREAS, the Commission agrees to indemnify the Federal government against any
claim arising from the removal of such debris, if required; and
WHEREAS, the City is authorized to enter upon all property in private and gated
subdivisions in an emergency situation based upon a standard condition of approval of private and
gated communities and is authorized to take such prudent action that is necessary to ensure the
health, safety, and welfare of the City pursuant to section 252.38, Florida Statutes; and
WHEREAS, this Resolution is entered into pursuant to the home rule powers of the City of
Ocoee as set forth in Article VIII, Section 2 of the Constitution of the State of Florida, Chapters 166
and 252,Florida Statutes,and other applicable controlling law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE,FLORIDA,AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are hereby ratified and
confirmed.
SECTION 2. Declaration of Finding and Intent.
1. The City finds that Hurricane Irma has created an immediate public health and safety threat to
its residents resulting from the generation of widespread debris throughout the City and that such
debris constitutes a hazardous environment for all modes of transportation of the residents as
well as emergency aid and relief services, endangerment to properties in the City, and that such a
condition creates an environment conducive to disease, vermin, and increased risk of fire.
2. It is in the public interest to collect and remove disaster debris from all public lands, public
and private roads, and gated communities within the City in order to eliminate the threat to life,
public health, and safety, to reduce the threat of additional damage to improved property, and to
promote the economic recovery of the City and the community at large.
3. It is the intent of this Resolution to promote the health, welfare, and safety of the residents of
the City by implementing an emergency plan providing for the collection and removal of disaster
debris throughout the City, including on public and private roads, gated communities, and in
public areas of the community, in order to eliminate an immediate threat to life, public health,
and the safety of the residents of the City.
SECTION 3. Right of Entry. To effectuate the actions and
responsibilities set forth herein, the City Commission authorizes City employees, City
Contractors, and FEMA representatives to enter upon private road areas and properties to remove
storm-related debris from those properties. If it is possible to obtain approval of an individual
property owner prior to such storm debris removal, this should be accomplished. However, if the
extent and scope of damage and the severity of the public health and safety danger that is created
by the storm debris necessitates removal, removal of said storm debris shall not be delayed by
any failure to locate an owner or failure to obtain consent to remove such debris from private
property.
SECTION 4. Implementing Administrative Action. The City
Manager, City Attorney, and City Clerk, or their designees, are hereby authorized and directed to
implement the provisions of this Resolution by means of any and all administrative actions that
may be deemed appropriate.
SECTION 5. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
Effective Date. This Resolution shall become effective immediately upon passage and
adoption.
PASSED AND ADOPTED this day of , 2017.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of , 2017.
SHUFFIELD,LOWMAN& WILSON,P.A.
By:
City Attorney
Mission: Rick Scott
To protect promote&improve the health Governor
of al people h Florida through htegrated
:latecounty&community efforts. . Celeste Philip,MD,MPH
HEALTHState Surgeon General
Vision:To be the Healthiest State in the Nation
October 3, 2017
Robert Frank
City of Ocoee City Manager
150 N. Lakeshore Drive
Ocoee, Florida 34761
Dear Mr. Frank:
As you are aware, the mission of the Department of Health in Orange County (DOH-Orange)is to
protect, promote and improve the health of all people in Florida through integrated state, county, and
community efforts. In this role,we support our local governments as they work to protect our
community in the aftermath of Hurricane Irma.
Pursuant to Chapters 381 and 386, Florida Statutes, DOH-Orange has the responsibility to protect the
public health, including determining the existence of conditions and nuisances injurious to health and
seeking their abatement. It is my opinion as the County Health Officer, that large amounts of disaster-
related debris scattered throughout the County presents a potential immediate concern to life, public
health and/or public safety. This magnitude of debris may impact public health as it creates conditions
capable of transmitting disease, as standing debris acts as a wet receptor for mosquitoes and other
arthropods carrying viruses, including but not limited to the Zika virus. This is a paramount issue for
Orange County, which has been intermittently under a Declaration of Public Health Emergency by the
State Surgeon General for the Zika virus.
The debris can also be an impediment to essential public safety services, such as fire and rescue
operations, by blocking access to fire hydrants, obstructing the view of house numbers and preventing
first responders from access to those trying to use their services. The debris presents a risk of
becoming airborne and causing more damage and potential injury during a subsequent storm, and may
also be an obstacle in preventing repairs to buildings or property, thus slowing the recovery effort of the
community at large. As such, it is my recommendation that debris should be removed from public and
private property without delay. Thank you for your continued support of public health in Orange
County.
Sincerely,
Kevin M. Sherin, MD, MPH
Local Health Officer and Director
Florida Department of Health in Orange County 1111ww, plt,.com
6101 Lake Elenor Drive,Orlando,FL 32809 TWITTER:He ithyFLA
PHONE:407.858-1400 FACEBOOK:FLDepsrtmentol ieelth
httoJlorarge.horldeheatt oovl
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ocoee
florida
October 3, 2017
Mayor
Rusty Johnson
Commissioners Federal Emergency Management Agency (FEMA)
John Grogan Federal CoordinatingOfficer (FCO)
1 ( )
Rosemary Wilsen Justo Hernandez
District 2
Federal Coordinating Officer (Acting)
Richard Firstner Operations Division, Federal Emergency Management Agency
District 3 U.S. Department of Homeland Security
Joel F.Keller Federal Center Plaza, 500 C Street S.W.
District 4 Washington, DC 20472
City Manager RE: City of Ocoee
Robert D.Frank Funding Approval for Curbside Debris Removal from Private Roads
within the City of Ocoee Limits.
Hurricane Irma FEMA Federal Declaration DR-4337
Dear Sir/Madam:
In accordance with Sections 403(a)(3)(A), 407 of the Stafford Act, 42 U.S.C.
5170b and 5173 respectively, the City of Ocoee requests immediate FEMA
approval to fund curbside debris removal from private roads with the City of
Ocoee, Florida. The City of Ocoee is requesting unconditional authorization
for removal of the debris and agrees to indemnify the Federal Government
from any claim arising from this removal.
The City is providing the enclosed letter from the Health Department
outlining the determination of need for the removal of debris from these
private roads as being in the best public interest of the communities to
eliminate threats to life and public health and safety, and to ensure the
economic recovery of the affected communities to the benefit of the
communities at large (44 CFR 206.224).
Please find attached a copy of the City of Ocoee Resolution No. 2017-016
which expressly gives the City of Ocoee the legal authority (44 CFR
206.223(a)(3)) to implement provisions of the Emergency Plan when a state
of emergency is declared to collect public and private roads, gated
communities, and public areas as necessary to eliminate any immediate
threat to life and public health and safety of the residents of the City, as
well as to reduce the threat of additional damage to improved properties
and to promote the economic recovery of the communities at large.
City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761
Phone: (407) 905-3100 • fax: (407) 905-3167 •www.ocoee.org
FEMA
October 3, 2017
Page 2
The City of Ocoee requests immediate approval for the funding of curbside
debris removal from private roads within the limits of the City of Ocoee.
Please contact us at 407-905-3100 if you need additional information
Sincerely,
Robert D. Frank
City Manager
City of Ocoee
C: Craig Shadrix, Assistant City Manager
Stephen C. Krug, Public Works Director
City of Ocoee • 150 North Lakeshore Drive • Ocoee, Florida 34761
Phone: (407) 905-3100 • www.ocoee.org