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HomeMy WebLinkAbout1999-038•-`,)(3 -99 RESOLUTION NO. 9 9 - 3 8 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING A STATE OF LOCAL EMERGENCY WHEREAS, the Board of County Commissioners of Indian River County, Florida, has made the following determinations: Section 252.38 (3) (a), Florida Statutes, grants the Board of County Commissioners of Indian River County 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 Indian River County. 1. Section 252.38 (3) (a), Florida Statutes, further empowers the Board of County Commissioners 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 ensure the health, safety, and welfare of the community, in accordance with the authority set forth therein. 2. A drought in Indian River County has placed Indian River County in a state of emergency, exposing the citizens thereof to danger to life and property. 3. In a memorandum to County Administrator James E. Chandler dated April 19, 1999, the Emergency Services Director for Indian River County requested that the County ban open air burning in Indian River County. 4. In order to respond to such disaster, the County Administrator or his designee is hereby authorized to initiate and take such actions authorized by Section 252.38, Florida Statutes, for and on behalf of the Board of County Commissioners during the term of such local state emergency. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: 1. The foregoing recitals are hereby affirmed and ratified. 2. The County Administrator is authorized to declare a state of local emergency. Such declaration shall remain in full force and effect for the seven (7) days unless extended by the County Administrator or sooner rescinded by the Board of County Commissioners of Indian River County or the County Administrator. 3. During the duration of the state of local emergency as is hereby declared, it shall be illegal throughout Indian River County to conduct open burning, including but not limited to bonfires, campfires, burning for commercial land clearing and air curtain incinerators. 4. Any violation of the provisions of this Resolution shall be prosecuted as permitted by law. After motion and second the vote on this resolution was a follows: Chainnan Kenneth R. Macht Vice Chainnan Fran B. Adams Commissioner John W. Tippin Commissioner Caroline D. Ginn Commissioner Ruth Stanbridge Aye Aye Aye Aye Aye PASSED AND DULY ADOPTED this 20 day of April, 1999. t. "I; INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners FROM: J es E. Chandle A Administrator � County DATE: April 27, 1999 RECEIVED APR 2 6 1999 CLERK TO THE BOARD SUBJECT: Extension of Ban on Open Burning Pursuant to Resolution No. 99-38 which was approved by the Board of County Commissioners on April 20, 1999, I am hereby extending the State of Local Emergency Prohibiting Open Burning until May 4, 1999. The Drought Index is now at 724 out of a possible 800 and the wildfire danger continues to be a threat to the entire county posing a significant danger to life and property of our citizens. This action is being taken to ensure the health, safety, and welfare of the community in accordance with the authority set forth in the Resolution referenced above. The situation will continue to be monitored very closely and further action will be taken as events warrant. cc: Florida Division of Emergency Management Florida Division of Forestry Department/Division Heads City of Vero Beach City of Sebastian Town of Indian River Shores City of Fellsmere Town of Orchid File