HomeMy WebLinkAbout2010-006RESOLUTION NO. 2010- 006
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
REQUESTING THE GOVERNOR OF FLORIDA, THROUGH
EXECUTIVE ORDER AND/OR OTHER POWERS AVAILABLE
UNDER THE LAW, TO ACTIVATE ALL AVAILABLE STATE
AND LOCAL EMERGENCY AND RELIEF RESOURCES AND
MECHANISMS FOR THE BENEFIT OF HOMEOWNERS
IMPACTED BY DEFECTIVE OR REACTIVE DRYWALL
INCLUDING, BUT NOT LIMITED TO, REQUESTING IMMEDIATE
FEDERAL ASSISTANCE THROUGH FEMA AND/OR ANY
OTHER AGENCY OF THE UNITED STATES GOVERNMENT;
DIRECTING THAT A COPY OF THIS RESOLUTION BE
TRANSMITTED TO THE GOVERNOR; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, residents of Indian River County, Florida, have suffered
damages from Chinese drywall installations in their homes; and
WHEREAS, it has been documented that heat and humidity cause some
Chinese drywall to release gases, which not only create a noxious odor, but
corrode copper and other metal surfaces, thereby damaging air conditioners,
electrical wiring, copper plumbing, appliances, and electronics; and
WHEREAS, corrosion of electrical wiring can hamper the effectiveness of
smoke detection and can create a risk of fire. Chinese drywall can be very
friable, which means it is in a state where small particles can easily become
dislodged with little friction, thus enabling them to easily enter an individual's
lungs. For this reason, even after Chinese drywall is removed, the toxic drywall
particulates may remain unless the affected property is removed; and
WHEREAS, owners of some homes with Chinese drywall have alleged
they are suffering from health problems due to the effects of Chinese drywall;
and
WHEREAS, County residents have stated some of their insurance
companies have denied coverage and some of their developers have refused to
replace the defective Chinese drywall, leaving them with no avenue in which to
fund the necessary drywall repairs to avoid the health problems they have been
suffering; and
WHEREAS, the County has been monitoring whether there are monies
available from Indian River County, the State of Florida, and the Federal
Government to assist Indian River County residents with their Chinese drywall
problems; and
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RESOLUTION NO. 2010- 006
WHEREAS, the County has been informed there may be federal funds
available to assist County residents with their Chinese drywall problems; and
WHEREAS, the State of Florida must declare an emergency in order for
these funds to be released;
NOW, THEREFORE, be it resolved by the Board of County
Commissioners of Indian River County, Florida:
Section 1. That the County requests the Governor of the State of
Florida, through Executive Order and/or other powers available under law, to
activate all available State and local emergency relief resources and
mechanisms for the benefit of homeowners impacted by defective or reactive
drywall; including, but not limited to, requesting immediate Federal assistance
through FEMA and/or any other agency of the United States Government.
Section 2. The County shall forward a copy of this Resolution to the
Governor, and to all appropriate persons and parties.
The foregoing resolution was moved for adoption by
Commissioner F1 escher and seconded by Commissioner
Davi s , and upon being put to a vote, the vote was as follows:
Chairman Peter D. O'Bryan Aye
Vice Chairman Bob Solari Aye
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
Commissioner Gary C. Wheeler Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 9th day of February, 2010.
ATTEST: Jeffrey K. Barton
Clerk of Court
B
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
INDIA RIVER COUNTY, FLORIDA ,,
l
By 71_,It)
Peter D. O'Bryan, C airman
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY kAiefgat,:l
WILLIAM G. COLLINS I1
COUNTY ATTORNEY