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HomeMy WebLinkAboutResolution_43-19_9/12/2019RESOLUTION NO. 43-19 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, CONFIRMING BY PROCLAMATION THE STATE OF EMERGENCY DECLARATION ISSUED ON SEPTEMBER 1, 2019 FOR THE VILLAGE OF TEQUESTA DUE TO HURRICANE DORIAN, ALL EMERGENCY REGULATIONS ACTIVATED UNDER THE PROVISIONS OF CHAPTER 26 OF THE VILLAGE CODE OF ORDINANCES, AND THE DESIGNATION OF THE FIRE CHIEF AS THE EMERGENCY MANAGEMENT DIRECTOR FOR THE VILLAGE FOR SO LONG AS THE LOCAL STATE OF EMERGENCY CONTINUES IN EFFECT; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, Hurricane Dorian was a major hurricane traveling northwest through the Caribbean Sea toward Palm Beach County, Florida; and WHEREAS, Hurricane Dorian's landfall was predicted to be dangerously close to Tequesta, at or near South Florida and the Treasure Coast of Florida; and WHEREAS, Hurricane Dorian was predicted to produce excessive rainfall, damaging winds and destructive storm surge, and possibly cause flooding, fallen trees and power lines necessitating the closure of the Village of Tequesta and the evacuation of residents east of Country Club Drive, and WHEREAS, the assistance of the local government is necessary in order to protect the public health, preserve the safety of the public, keep property damage to a minimum and restore the social and economic welfare of our Village and its residents and visitors. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 As designated by Section 26-5 of the Village Code of Ordinances, the Mayor (Abigail Brennan), the Village Manager (Jeremy Allen), and the Emergency Management Director (James Trube) issued a State of Emergency Declaration Sunday, September 1, 2019 for the Village due to Hurricane Dorian. Section 2 Section 26-3 of the Village Code of Ordinances designates the Fire Chief as the Emergency Management Director in order to accomplish all coordination, direction and implementation of all disaster management functions. Section 3 Pursuant to Section 26-5 of the Village Code of Ordinances, the Village Council of the Village of Tequesta hereby confirms by Proclamation the State of Emergency Declaration issued on September 1, 2019 for the Village of Tequesta due to Hurricane Dorian, all emergency regulations activated under the provisions of Chapter 26 of the Village Code of Ordinances, and the designation of the Fire Chief as the Emergency Management Director for the Village for so long as the local state of emergency continues in effect. Section 4 This Resolution shall become effective immediately upon passage. STATE OF FLORIDA Offl-CE-OF THE GOVERN -OR EXECUTIVE ORDER NUMBER 19-189 (Emergency Management—Hurricane Dorian) WHEREAS, as of 2:00 p.m. on Wednesday, August 28, 2019, the National Hurricane Center .reported ,#lint Tropic.#&o -i Dorian has stwngthe=d into A a %,M 1 Hurricane as it apprQadhed Puerto Mico and the Virgin Islands; WHEREAS, the National Hurricane Center reported Hurricane Dorian has maximum sustained winds,6M.b-itllesper 4tow;arid WHERIKAS, the National Hurricane Center predicts Hurricane Dorian will continue to strengthen as it moves over the Atlantic waters and will be a Major Hurricane prior to potential landfall; and WHE#EAS, the National Hurricane Center forecasts a potential landfall on Florida's peninsula on Sunday or Monday; and WHEREAS, there is an increasing risk of dangerous storm surge, rainfall, flooding, strong winds, mous -seas, and the potential -for .isolated tsarnadic-activity-forI mhons ;6f+inriWs Atlantic Coast; and WHEREAS, the threat posed by Hurricane Dorian requires that timely precautions are taken to protea the nrnunities, crificalinfxastructure,.and genera1AvWfar6of-p1or1da, and WHEREAS, as Governor, I am responsible to meet the dangers presented to Florida and its people by this emergency; and, IOW, I, RON DESAMS, w ^Governor -of F-1orida, ty virtue -,of -the authority vested in me by Article IV, Section 1(a) of the Florida Constitution and by the Florida I Emergency ]v paV tAct,.zas.Headed,.andell.other icable'1aws,Vramulgate ihe4ollowing Executive Nor, to take immediate effect: Section 1. Because of the foregoing conditions, I declare that a state of emergency exists in the following counties: Baker, Bradford, Brevard, Broward, Clay, Duval, Flagler, Glades, Hendry, Highlands, Indian Itiver, Lake,-MaraA, MiaWi Dade, Z4,oame, -Nassau, Gkeechobee, Orange, Osceola, Palm Beach, Putnam, Seminole, St. Johns, &. Lucie, Volusia, and Union. Section 2. I designate the Director of the Division of Emergency Management ("Director") as the State Coordinating Officer for the duration of this emergency and direct him to execute the $tate's.CemprellensWe Emergency. Management Plan and -other response, recover}; and mitigation plans necessary to cope with the emergency. Pursuant to section 252.36(1)(a), Florida Statutes, I delegate to the State Coordinating Officer the authority to exercise those powers delineated in sections 252.36(5)-(10), Florida Statutes, which he shall exercise as needed to meet this emergency, subject to the limitations of section 252.33, Florida Statutes. In exercising the powers delegated by this Order, the State Coordinating Officer shall confer with the Govdmor to the fullest extent practicable. The State.C•oordinating Officer shall also have4he authority to: A. ,Invoke and administer the Emergency Management Assistance Compact ("EMAC") (sections 252.921-252.9335, Florida Statutes) and other compacts and agreements existing betwer te'State -of-fimida mW other states, a the f uMw ;abt4hor41a cov ir4ate -lie . allocation of resources from such other states that are made available to Florida -under such compacts and agreements so as best to meet this emergency. B. c act sis#anae and tenter into � � z n?tTand X11 ag les of tbe�United-States•Government as may be needed to meet the emergency. C. Direct all state, regional and local governmental agencies, including law enforcement,4gencies, to identify personnel .needed from -those .agencies -to .assist- n meeting the 2 response, recover3x,.andmitigation needs ated +-this rgency, id tolAaeeAlmieh-personnel under the direct command and coordination of the State Coordinating Officer to meet this emergency. D. Direct the actions of any state agency as necessary to ,implement the Federal Emergency Management- Agency's National Disaster Recovery Framework. E. Designate additional Deputy State Coordinating Officers, as necessary. F. Suspend the effect of any statute, rule, or order that would in any way prevent, hindez ==-delay :aay--mitigatisn; -response; -:Or -,ZrecQ,Very -Wpe�th. his emelggncy. G. Enter orders as may be needed to implement any of the foregoing powers; however, the requirements of sections 252.46 and 120.54(4), Florida Statutes, do not apply to any such orders issuedlW�oordi�;ove�@�rra3ie-�� eact beyond the expiration of this -Executive Order, for include any extension. Section 3. I order the Adjutant General to activate the Florida National Guard, as needed, to d5W -Wah This.emergency. = . Section 4. I find that the special duties and 'responsibilities resting upon some .State, regional, and local agencies and other governmental bodies in responding to the emergency may require them to -siispend the applicmian of Ike Tstatutes, •rules, -ordinances; .and enders they administer. Therefore, I issue -the following authorizations: A. Pursuant to section 252.36(5)(a), Florida Statutes, the Executive Office of the Governor mayu�tatu#as and�caf%e �etig�e etrecessaryrovide budget autho�ty for state agencies to cope with this emergency. The requirements of sections 252.46 and 120.54(4), Florida Statutes, do not apply to any such suspension issued by the Executive Office of the Governor; however, no such suspension shall remain in effect beyond the expiration of this Executive Order, to include any extension. L. ,P, Each State agency may suspend the provisions of any regulatory statute prescribing the -procedures for conduct of state business or the orders or rules of that.agency, if strict compliance with the provisions of any such statute, order, or rule would lin any way prevent, hinder, or delay necessary action in coping with the emergency. This includes, but is not limited to, the authority to suspend any and all -statutes, rules, ordinances, or orders -which affect leasing, printing, purchasing, travel, and the condition of employment and the compensation -of employees. For the purposes of this Executive Order, "necessary action in coping with the emergency" means any emergency mitigation, response, dr recovery action: (I) prescribed in the State Comprehensive Emergency Management Plan ("CEMP"); (2) directed by the Executive Office of the Governor; or (3) ordered by the State Coordinating Officer or Deputy State Coordinating-Officer(s). The requirements of sections 252.46 and 120.54(4), Florida Statutes, shall not apply to any such syspensl6a4ssued by -a Statetagawy; 4owevvei; ao--;uc1r!SWpensioAAW1-:remai.4n! effect -beyond. the expiration of tWs Executive Order, to include any extensions of this Order. C. In accordance with section 252.38, Florida Statutes, each political subdivision within the Stgfo kadda,ma,*-waive-&e Vrocedwes and TbrmAiiies athm- Wse-reegifbed. of the political subdivision by law pertaining to: I) Performance of public work and taking whatever prudent action is necessary to epsmahe healer afely., and wzlf=-.of-the"mmunity; 2) Entering into contracts; however, political subdivisions are cautioned against entering into time and materials contracts without ceiling as defined by 2 CFR 200.318(1) or cost plus percentage contracts as defined by 2 CFR 200.323(d); 3) Incurring obligations; 4 4) Employment &-igerma t and lei"omy.avorkers; 5) Utilization dvolunteer workers, 6) Rental of equipment; - �lcgiisita©n andes#ribuan, wi#�rv#hout ccn}tior�-Vf sumpiies, materi4is, and facilities; and, S) Appropriation and expenditure of public funds. D. All agencies whose employees are certified by the American Red Cross as disaster service volynteers within the meaning of Swtion 110.1200), Florida.Statutes, may release any such employees for such service as requested by the Red Cross to meet this emergency. i; - E. The Secretary of the Florida Department of Transportation (DOT) may: 4� .."Vaiv6Ihe.co4lectaon•,of atc'ls,and-,ether• £ees and4wges,-nr iheauw-cif the Turnpike and other -public highways, to the extent such waiver may tae needed to provide emergency assistance or facilitate the evacuation of the affected counties; . F ev r e ftow�of-#ra ar r las 3y.anda'1;- A��, l ways, pardons of highways as may be needed for the safe and efficient transportation of evacuees to thosecounties that the" -State Coordinating Officer may designate as destination counties for evacuees in this emergency; 3) Suspend enforcement -of the registration requirements pursuant to sections 316.545(4) and 320.0715, Florida Statutes, for commercial motor vehicles that enter Florida to provide emergency services or supplies, to transport emergency equipment, supplies or personnel, or to transport FEMA raobil6-Iories or wee style•mobile homes into .or from,Florida; 4) Waive the hours of service requirements for such vehicles; 5 5) Waive by special permit the warning signal requirements in the Utility Accommodations Manual to accommodate public utility companies from other jurisdictions which render assistance in restoring vital services; and, Z) 'Waly 4he size and weighlrestfiefiam forAMsible4mds on any- vzhiclts transporting er�iMency equipment, services, supplies, and agricultural commodities and citrus as recommended by -the Commissioner of Agriculture, allowing the establishment of alternate size and weight restddtions for all such vehicles for the duration of the emergency. The DOT shall issue permits 4pd such vehicles shall be subject to such special conditions as the DOT may endorse on any such permits. Nothing in this executive Order shall be construed to allow any vehicle to exceed weight limits posted fpr hddges and life structures, or relieve -any vehicde�erfhe carrier,,owner, or driver of any vehicle from compliance with any restrictions other than those specified in this Executive Order, or from any statute, rule, order or other legal requirement not specifically waived or suspendedhergm-arlysuppl&wn order by ib-State•geordinatangOff; r ' F.' ' The Executive Director of the Department of Highway Safety and Motor Vehicles (DHSMV) may: IJ- =grmnts-pursuant i --a ,ons 316.545(4) apd~320.0715, Florida Statutes, for commercial motor vehicles that Enter Florida to provide emergency services or supplies, to transport emergency equipment, supplies or personnel, or to transport FEMA moWe_q xsorice-sty oYflees.i or from Florida; 2) Waive the hours of service requirements for such vehicles; 3) Suspend the enforcement of the licensing and registration requirements under the International Fuel Tax Agreement (IFTA) pursuant to Chapter 207, Florida Statutes, and the Inte orratR-egistration?MnKRP)43msuanttesecfibW3MD4715;florida'StataLis,dor motor 6 carriers or drivers operating commercial motor vehicles that are properly registered in other jurisdictions apid mat pare �parficipating 4n•.--m.erg ncy r�Wiof effojUAr�ough-4he 4ranspoAation sof equipment and supplies or providing other assistance in the form of emergency services; 4) Waive fees and charges for duplicate or replacement vessel registration certificates, veasei litlet certificates, vehicle icense-plates, vehicle -registration certificates, vehicle tag certificates, vehicle title certificates, handicapped _parking permits, replacement drivers' licenses, and relent adentificationt ards and.,to waivefhe addhiGnal fees -or charges -for the late renewal of 6r application for such licenses, certificates, -and documents due to the effects of adverse weather conditions; and, :5) De€erAO istrafive acts and -waive fee& imposed- 3y law -for dcivzr license reinstgtements, the late renewal or application for the above licenses, certificates, and documents, whi6h were delayed or otherwise impacted due to the effects of adverse weather conditions, including in counties wherein mail services were interrupted, the DHSMV has closed offices, or any mTmezf1be Zbunty Tam--bilecter• thatmts :onthehalf-Fie—DHS IV 40 7recess renewals has closed offices due to adverse weather conditions. Recordkeeping and other applicable requirements for existing IFTA and IRP licensees and registrants are not affected by this order. The DHSMV shall promptly notify .the State Coordinating Officer -when the -waiver is -no lon;ernecessary. G. In accordance with section 465.0275, Florida Statutes, pharmacists may dispense up to a 30 -day emergency prescription refill of maintenance medication to persons who reside in,an area or county covered under this Executive Order and to emergency personnel who have been activated by their state and local agency but who do not reside in an area or county covered by this Executive Order. 7 II All State agencies responsible for the use of State buildings and facilities may close such buildings and facilities in -those portions of the State affected by this emergency, to the extent to meet this emergency- [direct :each State agency to report the closure of any State building or facility to the Secretary of the Department of Management Services. Under the authority contained in section 252.36, Florida Statutes, I direct each County to report the closure of any building or facility operated or maintained by the County or any political subdivision therein to the Secretary of the Department of Management Services. Furthermore, I direct the Secretary of the Department of Management Services to: 1) Maintain an accurate and up-to-date list of all such closures; and, 2) Provide that list daily to the State Coordinating Officer. 1. All State agencies may abrogate the time requirements, notice requirements, and deadlines for final action on applications for permits, licenses, rates, and other approvals under any statutes or rules under which such application are deemed to be approved unless disapproved in writing by speeified deadlines, and all such time, requirements -that have not yet .expired as of the date of this' Executive Order are suspended and tolled to the extent needed to meet this emergency. L All State Agencies shall implement its Select Exempt Services (SES) Extraordinary- Payment Plans and Career Service Regular Compensatory Leave Payment Plans for: 1) All essential agency personnel who are required to work extraordinary hours when state-owned or state -operated facilities are closed in response" -- to.anemergencyzendition; 2) All agency personnel who are assigned to the State Emergency Operations Center and are required to work extraordinary hours; 8 3) Ail agency personnel who are deployed throughout the state, as part of their employment, in response to an emergency condition and are required to work -extraordinary hours. K. All State agencies may waive the forty daytime limit to issue a warrant pursuant to section 215.422(3)(b), Florida Statutes. This waiver applies to invoices and reimbursement requests that were received, inspected, -and approved by the agency within forty days of the issuance of this Executive Order. This waiver applies to all invoices and reimbursements arising from the state of emergency. This waiver of section• 215.422 (3)(b), Florida Statutes, and all waivers based upon this waiver shall expire sixty days following the issuance of this Executive Order, without extension. L. -Section 934.50, Florida Statutes, is waived- for state and local agencies conducting emergency operations arising from the state of emergency for the limited purpose of capturing aerial, evidence concerning the -amount. of damage sustained to private and public property; assisting in search, rescue, and recovery activities; and preventing imminent danger to life pr serious damVev property. ,;Section 5. All public -facilities, including elementary and secondary.:schools, community a cdlI6ges, state universities, and other facilities owned or leased by the stater regional or local governments that Ore suitabld for use as public shelters shall be made available at -the request of the local emere6licy management agencies to ensure the proper reception and care of all evacuees. Under the authority contained in sectioh 252.36; Florida Statutes, Hirect the Superintendent of each public school district in the State of Florida to report the closure of any school within its district to the Commissioner of the Florida Department of Education. Furthermore, T direct the Commissioner of eDepartment-ofZducationlo: A. Maintain -an accurate and up=to-date list of all such closures; and, 9 B: Provide that list daily to the State Coordinating4Off cer. Section 6. I find that the demands placed upon the funds appropriated io the agencies of the State of Florida and to local agencies ar-e-unmasonably great.and may be.inadequaie to pay the costs of coping with this disaster. In accordance with section 252.37(2), Florida Statutes, I direct that sufficient funds be made available, as needed, by transferring and expending moneys appropriated for fl purptws; moneys .from wapproprlated suMIus- fiords, sar from -he Budget Stabilization Fund: Section 7. All State agencies entering emergency final orders or other final actions in response to tl�is emergency shall advise the State Coordinating Officer contemporaneously or as soon as practicable. Section 8. Medical professionals and workers, social workers, and counselors with good and valid professional licenses issued by states other than the State of Florida may render such. services in Florida during this emergency for persons affected by this emergency with the condition that such services be rendered to such persons free of charge, and with the further condition tat such services be rendered under the auspices of the American Red Cross or the Florida Department of Health. Section 9. Pursuant to section 501.160, Florida Statutes, it is unlawful and a violation of section 501.2041 for a person to rentor sell, or offer to rent or sell, at an unconscionable price within the area for whichh the state of emergepcy is declared, any essential commodity including, but not limited to, supplies,.services,provisions;-or equipment that is necessary for consumption or use as a direct result o€thp emergency. Section 10. Under the authority contained in sections 252.36(5)(a), (g), and (m), Florida Statptes, I direct that, for the purposes of this emergency, the term "essentials", as defined by section 252.359(2), Florida Statutes, shall be the same as, and no more expansive than, the term N ri "commodity", gs defted by section 501.160(l)(a), Florida Statutes (Hereinafter referred to collectively or alternatively as "essential commodities"). Accordingly, any person who delivers essential commodities to a location in the areas) declared to be under a state of emergency by this Executive Order, and when -necessary -to ensure-thm-those commodities -are-made -available to -the public, may travel. within evacuated areas and exceed curfews, provided the State Coordinating Officer determines, after consultation with the appropriate Emergency Support Function(s), that: A. Law enforcement officials in the declared area(s) can provide adequate security to protect the essential commodities from theft; B. The weight of a delivery vehicle will not jeopardize the structural integrity of any roadw4y or bridge located within the declared area; C. Delivery vehicles will not negatively impact evacuation activities in the declared area(s); and, D. Delivery vehicles will not negatively impact any response or recovery activities occurring within the declared area(s). After consulting with the appropriate Emergency Support Function(s), and after consulting with local offioiaisf:the StatoZGordinafing Officer ma3iotatethe -routes•o€ingress,Agress,-and movement within -the declared area(s) that drivers must follow when delivering Essential commodities. - Provided he or she is actually delivering medications, any person authorized to deliver medicatiogs under: chapter I1-93; Florida—Statutes, -qualifies as .a person delivering essential commodities. In order to qualify as a person delivering essential commodities under this section, a person rptist be in the process of delivering essential commodities only. If an individual is -:transporting I both essential aq4 non-essential commodities, then £his section shall not provide any authorization for that individualle eru`er into or move within the declared area(s). Section 11. Consistent with Executive Order 80-29, nothing in this Order shall prevent local jurisdictions in any area not declared to be under a state of emergency by this Executive Order from taking prompt and necessary action to save lives and protect the property of their citizens, inclugdjAg.1he authority to corfipel and direct timely evacuation when necessary. Section 12. I authorize the Florida Housing Finance Corporation to distribute funds pursuant to sec#ion 42OM79, Florida Statutes: to any -county; muni "rpa4ity, or mer political subdivision located within the area(s) declared to be under a state of emergency by this executive order. The authority of the Florida Housing Finance Corporation to distribute funds under this state of emergency shall expire six months from the expiration of this Order, to include any extensions ofthis Order. Section 13. All actions taken by the Director of the Division of Emergency Management with respect to this emergency before the issuance of this Executive Order are ratified. This - Executive Ordrr all -expire-sixty days',frorn this -late unless extended. ATTEST: 9ECIRETARY OF STATE IN TESTIMONY WHEREOF, T have hereunto set my hand and caused �ffie great Seal of the Etate of Florida to be affixedr at Tallahassee, this 28th day 12 71 Q* N co c:-- Village of Tequesta 345 Tequesta Drive `' 561-768-0700 Tequesta, FL 33469 y www.tequesta.org DECLARATION OF STATE OF EMERGENCY WITHIN Please be advised that We, Mayor Abigail Brennan, Village Manager Jeremy Allen, and Director of Emergency Management James Trube, do hereby declare on September 1, 2019 that a state of emergency exists within the corporate limits of the Village of Tequesta in accordance with Chapter 26 Article I of the Village Code of Ordinances, and Chapter 252, Florida Statutes due to the impending landfall of Hurricane Doran, which is expected to make landfall near the Village as a Category 3 Hurricane. We further declare that the various Village officers, officials and/or employees to whom we have delegated responsibility for various assignments in order to carry out this Declaration of Emergency are directed to exercise all emergency powers conferred under Chapter 252, Florida Statutes as we so direct as well as any other powers that may be necessary to protect the municipality from any and all threats to public peace and order or to the general welfare and/or to protect all property and persons in the Village of Tequesta, as we deem necessary. Dater.-/� VILLAGE OF TEQUESTA Date Jeremy Allen, Manager VILLAGE OF TEQUESTA 9-1 6 V, aze- Date James Trube, Director of Emergency Management VILLAGE OF TEQUESTA M Q Q�kp©. ATTEST: Date Lori McWilliams, MMC, Village Clerz SEAL 9 `i'o2oJ� VILLAGE OF TEQUESTA = ;INCORPORATED; uE 4 19Q, . FLOC Vice -Mayor Kristi Johnson Mayor Abby Brennan Council Member Vince Arena Council Member Laurie Brandon Council Member Kyle Stone Village Manager Jeremy Allen Village ®f Te uc.s i. Emergency Management Nollonnl Occanlc and [ i. , . I ,YV.11,\ Atmospheric Adnanistwuon DATE: 9/3/2019 FILE: B19-29 TO: All Personnel VIA: Chain of Command FROM: Emergency Manager, James B. Trube SUBJECT: Hurricane Dorian — All Clear The Village of Tequesta was under a Local State of Emergency which was enacted on September 1, 2019 at 1230 hours; BE ADVISED as of 1930 hours on September 3, 2019, the Village of Tequesta is no longer in the path of Hurricane Dorian and this All -Clear is being issued. FURTHER BE ADVISED, all Kelly Days, Vacations, and Trade Times may resume beginning 9/4/2019 as previously approved and stated on the VCS Calendar 357'1'1.3Q1) ST'A DR., TTQUEST,\, 1"L 33469 '1' 561-765-0131 RESOLUTION 43-19 Date 09/12/2019 Motion Vice -Mayor Kristi Johnson Second Council Member Vince Arena VOTE FOR ADOPTION AGAINST ADOPTION ABSENT Mayor Abigail Brennan ❑✓ ❑ ❑ Vice -Mayor Kristi Johnson ❑ ❑ Council Member Vince Arena ❑ ❑ Council Member Laurie Brandon ❑✓ ❑ ❑ Council Member Kyle Stone ❑✓ ❑ ❑ The Mayor thereupon declared the Resolution duly passed and adopted. MAYOR OF TEQUESTA ATTEST:PFOTR9:4 (:: �_ 441ILWMI Abiga' Br nan iNco EA L CRATED 4 V) (Li rn o�,l/n ,1111n1111,111/111\�\1\ Lori McWilliams, MMC Village Clerk