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1998-040 Declaring Sate of Local EmergencyRESOLUTION 40-98 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BRACH, FLORIDA, DECLARING A STATE OF LOCAL EMERGENCY. WHEREAS, safeguarding the life and property of the citizens of North Palm Beach is an imrate responsibility of the Village Council of North Palm Beach; and Wl3EREAS, Section 252.38(3)(a)5, Florida Statutes, grants the Village Council of North Palm Beach the authority and power to request State assistance or invoke emergency-related mutual aid assistance by declaring a state of local emergency in the event of an emergency affecting the Village of North Palm Beach; and WI IEREAS, Section 252.38(3)(a)5, Florida Statutes, further empowers the Village Council of North Palm Beach to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to a number of actions that can be taken to insure the health, safety and welfare of the community, in accordance with the authority set forth therein; and WHEREAS, Resolution 38-93 authorizes the Village Council of North Palm Beach to invoke emergency-related mutual aid assistance by declaring a state of local emergency; and WHEREAS, a disaster has placed the Village of North Palm Beach in a state of emergency, exposing the citizens to danger to life and property; and • WHEREAS, in order to respond to such disaster, the Village Manager or his designee(s) is hereby authorized to initiate and take such actions authorized by Section 252.38 Florida Statutes for and on behalf of the Village Council of North Palm Beach during the term of such local slate of emergency. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VII,I,AGE OF NORTH PALM BEACH, FLORIDA: Section 1. The foregoing recitals are hereby affirmed and ratified. Section 2. A state of local emergency is hereby declared effective immediately and that such declaration shall remain in full force and effect for a period of seven (7) days unless extended or sooner rescinded by the Governor of the State of Florida or the Village Council of North Palm Beach. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 24th DAY OF SEPTEMBER , 1 • ATTEST: Village Clerk • J !;~ of receiving federal disaster relief assistance or ng funds. ~v Tne department shall allocate funds Irom the Fjnprgency Management, Preparedness, and Assist- ence Trust Fund to local emergency management panties and programs pursuant to criteria specified in ab. Such rules shall include, but are not limited to: (e) Requiring that, at a minimum, a local emer- ysncy management agency either: t, Have a program director who works at least 40 it0ur5 a week in that capacity; or 2. II the county has fewer than 50,000 population or is party to an interjurisdictional emergency manage- ment agreement entered into pursuant to s. 252.38(3)(b). that is recognized by the Governor by executive order or rule, have an emergency manage- ment coordinator who works at least 20 hours a week in that capacity. (D) Specifying a formula that establishes a base grant allocation and weighted factors for funds to be ebcated over the base grant amount. (c) Speciying match requirements. (d) Preferential funding to provide incentives to counties and municipalities to participate in mutual aid agreements. (a) If adequate funds are available as determined by the division, every county shaft receive funds at least sufficient to fund a dedicated, full-time emergency pre- paredness officer position. Nnwy.-i ? cn 93429. 252.38 Emergency management powers of politi- cal subdivisions.-Safeguarding the life and property of its citizens is an innate responsibility of the governing txxiy of each political subdivision of the state. (1) COUNTIES.- (a) In order to provide effective and orderly govern- mental control and coordination of emergency opera- tions in emergencies within the scope of ss. 252.31- 252.97, each county within this state shall be within the jurisdiction of, and served by, the division. Except as otherwise provided in ss. 252.31.252.91, each local emergency management agency shall have jurisdiction over and serve an entire county. Unless part of an interjurisdictional emergency management agreement entered into pursuant to paragraph (3)(b) which is rec- ognized by the Governor by executive order or rule, each county must establish and maintain such an emergency management agency and shall develop a county emergency management plan and program that is coordinated and consistent with the state compre- hensive emergency management plan and program. Counties that are part of an inter)urisdictional emer- gency management agreement entered into pursuant to paragraph (3)(b) which is recognized by the Gover- nor by executive order or rule shall cooperatively develop an emergency management plan and program that is coordinated and consistent with the state com- prehensive emergency management plan and pro- gram. creaied and establishetl p ursuant too ss9252.31 262.91 shall have a director who shall be appointed and have an annual salary fixed by the board of county commis- sioners of the county. The director must meet the mini- mum training and education qualifications established in a job description approved by the county. The direc- torshall be appointed by the board of county commis- sioners to serve at the pleasure of the board, subject to thelr direction end control, in conformance with applica- ble resolutions, ordinances, and laws. Each board of county commissioners shall promptly Inform the divi• sion of the appointment of the director and other per- sonnel. Each director has direct responsibility for the organization, administration, and operation of the county emergency management agency, subject only to the direction and control of the governing body of the county. The director shall coordinate emergency man• agement activities, services, and programs within the county and shall serve as liaison to the division and other local emergency management agencies and organizations. (c) Each county emergency management agency shall perform emergency management functions within the territorial limits of the county within which it is orga• nized and, in addition, shall conduct such activities out- side fts territorial limits as are required pursuant to ss. 252.31.252.91 and in accordance with state and county emergency management plans and mutual aid agreements. Counties shall serve as liaison for and coordinator of municipalities' requests for state and federal assistance during postdisasteremergency operations. (d) During a declared state or local emergency and upon the request of the director of a local emergency management agency, the district school board or school boards in the affected area shall participate in emergency management by providing facilities and necessary personnel to staff such facilities. Each school board providing transportation assistance in an emergency evacuation shall coordinate the use of its vehicles and personnel with the local emergency man- agementagency. (e) County emergency management agencies may charge and collect fees for the review of emergency management plans on behall of external agencies and institutions. Fees must be reasonable and may not exceed the cost of providing a review of emergency management plans in accordance with tee schedules established by the division. (2) MUNICIPALITIES --Legally constituted munic- ipalities are authorized and encouraged to create municipal emergency management programs. Munici- pal emergency management programs shall coordi- natetheir activities with those of the county emergency management agency. Municipalities without emer- gency management programs shall be served by their respective county agencies. If a municipality elects to establish an emergency management program, it must comply with all laws, rules, antl requirements applica- ble tocounty emergency management agencies. Each municipal emergency management plan must be consistent with and subject to the applicable county emergency management plan. In addition, each munic- ipality must coordinate requests for state or federal emergency response assistance with its county. This 273 Ch. 252 EMERGENCY MANAGEMENT F.S. 1997 requirement does not apply to requests for reimburse- ment under federal public disaster assistance pro- grams. (3) EMERGENCY MANAGEMENT POWERS; POLITICAL SUBDIVISIONS.- (a) In carrying out the provisions of ss. 252.31- 252.91,each political subdivision shall have the power and authority: 1. To appropriate and expend funds; make con- tracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; pro- vide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the fed- eral and state emergency management agencies. 2. To appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel, and other emergency manage- ment workers. 3. To establish, as necessary, a primary and one or more secondary emergency operating centers to provide continuity of government and direction and control of emergency operations. 4. To assign and make available for duty the offices and agencies of the political subdivision, includ- ing the employees, property, or equipment thereof relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for emer- gency operation purposes. as the primary emergency management forces of the political subdivision for employment within or outside the political limits of the subdivision. 5. To reyuesl state assistance or invoke emergen- cy-related mutual-aid assistance by declaring a stale of local emergency in the event of an emergency affecting only one political subdivision. The duration of each state of emergency declared locally is limited to 7 days; it may be extended, as necessary, in 7-day increments. Further, the political subdivision has the power and authority to waive the procedures and formalities other- wise required of the political subdivision bylaw pertain- ing to: a. Performance of public work and taking what- ever 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 work- ers. 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. (b) Upon the request of two or more adjoining coun- ties, or if the Governor finds that two or more adjoining counties would be better served by an interjurisdictional arrangement than by maintaining separate emergency management agencies and ser- vices, the Governor may delineate by executive order or rule an interjurisdictional area adequate to plan for, prevent, mitigate, or respond to emergencies in such area and may direct steps to be taken as necessary, including the creation of an interjurisdictional relation- ship, ajoint emergency plan, a provision for mutual aid, or an area organization for emergency planning and services. A finding of the Governor pursuant to this paragraph shall be based on one or more lectors related to the difficulty of maintaining an efficient and effective emergency prevention, mitigation. prepared ness, response, and recovery system on a unijurisdictionai basis, such as: 1. Small or sparse population. 2. Limitations on public financial resources severe enough to make maintenance of a separate emergency management agency and services unreasonably bur• densome. 3. Unusual vulnerability to emergencies as evi- denced by apast history of emergencies, topographical features, drainage characteristics, emergency poten• fiat, and presence of emergency-prone facilities or operations. 4. The interrelated character of the counties in a muiticounty area. 5. Other relevant conditions or circumstances. NI110rY.-f. t, ~. ]~@86'. a. 1. U. ]]•1]a: r. 22. Cn. BI463. f t~. cn. ~}}yc a. 102, U. DA2)9: a. 55. cn. 92026: a. u, cn. 9}2l t, s 732 ~ ~ 35.tsB 252.385 Public shelter space.- (1) It is the intent of the Legislature that this state not have a deficit of safe public shelter space in any region of the state by 1998 and thereafter. (2) The division shall administer a program to sur- veyexisting schools, universities, community colleges. and otherstate-owned, municipally owned, and coun~y~ owned public buildings to identify those that are appro- priately designed and located to serve as shatters. The owners of the facilities shall be given the opportunity to participate in the surveys. The Board of Regents and the Department of Education are responsible for cocr- dinatingand implementing the survey of public schocls. universities, and community colleges. (3) Beginning no later than September 1.1994. the division shall annually provide to the President of the Senate, the Speaker of the House of Representatives. and the Governor a list of facilities recommended to be retrofitted using slate funds. State funds should be tar• gated to counties with shelter deficits. Retrofitting faces ties In regions with public shelter deficits shall be given first priority and should be completed by 7998. Al appropriate facilities should be retrofitted by 2003. History.-s. 18. cn. 9JQt 1. 252.39 Local services.- (t) Whenever the employees of any political sutxf vision are rendering outside aid pursuant to the auttar- ity contained in s. 252.38, such employees shall haw the same powers, duties, rights, privileges. and imrtv pities as ii they were performing their duties in the per' cal subdivisions in which they are normally employe (2)(a) The political subdivision in which any eV~ ment is used pursuant to this section shall be liable ~ any loss or damage thereto and shall pay any expenM incurred in the operation and maintenance thereol.Ifd 274