Amended Item 3B- Removal of Hurricane DebrisAGENDA ITEM:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Removal of Hurricane Debris from Private Roads
AMENDED AGENDA ITEM 38
NOVEMBER 14, 2016
DATE:
SUBMITTED BY:
November14,2016 ~~~
Donald D. Jacobovitz, P.E., Public Works Director / / ._______
BACKGROUND: Hurricane Matthew left major piles of debris throughout the City of
Atlantic Beach. The Public Works Department picked up the debris on all the public
areas of the City, but the private areas were left without debris removal services.
Typically this debris removal is the responsibility of the individual Homeowners
Associations, but three Homeowners Associations within the City (Sevilla Gardens,
Sevilla Condominium Association, and Paradise Preserve) asked the City to pick up their
debris because it was beyond their abilities, and it meets FEMA's requirements for
removal by public forces. The four requirements that must be met are as follows:
• A public interest detennination;
• Documentation supporting the Applicant's legal authority to remove the debris;
• Indemnification; and
• Assurance that there will be no duplication of benefits because of receipt of insurance
A letter has been prepared for the Commission's approval that asserts these requirements
have been met and asks for FEMA's approval for the City to remove the storm debris in
these private developments. As with all the expenses the City has incurred from
responding to Hurricane Matthew, we cannot state that the City will be reimbursed for
these expenses, but approving and sending this letter to FEMA is the first step towards
that reimbursement. The Public Works Department will keep the proper records required
for reimbursement.
BUDGET: There is no budget for this debris removal; however, the cost of removing this
debris can easily be absorbed within the funds approved under the debris removal
contracts already approved by the City Commission. It is expected that the total expenses
to remove debris from these three communities would be approximately $10,000 without
reimbursement.
RECOMMENDATIONS: Approve the removal of debris from the three communities listed
above and send the attached letter requesting FEMA to approve the Removal and
Disposal of Debris from Private Right of Ways in the City of Atlantic Beach.
ATTACHMENT: FEMA-DR-4283 Removal and Disposal ofDebris from Private Right of
Ways in the City of Atlantic Beach Letter
~
REVIEWED BY CITY MANAGER:_::n____.__,{/{2_~_---=~=--------------
November 14, 2016
Mr. Terry Quarles
Federal Coordinating Officer
Federal Emergency Management Agency
FEMA-4283-DR-FL Joint Field Office
2002St. Augustine Road
Tallahassee, FL 32301
Through:
Mr.Bryan Koon
Director, Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
AMENDED AGENDA ITEM 38
NOVEMBER 14, 2016
Subject: FEMA-DR-4283, Removal and Disposal of Debris from Private Right of Ways in City of Atlantic
Beach, Florida
Dear Federal Coordinating Officer Quarles:
Pursuant to the terms and conditions of the Stafford Act, 42 U.S.C. 5121 et seq., FEMA Regulations as
published at 44 CFR 206.222-206.224 and the Public Assistance Program and Policy Guide FP 104-009-2,
the City of Atlantic Beach, Florida hereby requests FEMA to approve the removal of debris from certain
private right of ways in City of Atlantic Beach, Florida.
Determination of Public Interest
City of Atlantic Beach, Florida has determined that it is in the public interest to have debris removed from
herein below specified private right of ways in order to eliminate immediate threats to life, public health
and safety, and to eliminate threats of significant damage to improved property, and to ensure the
economic recovery of the affected community to benefit the community-at-large. Due to the severity and
extent of the damage from Hurricane Matthew, City of Atlantic Beach, Florida is able to perform this work
in a timely manner whereas the private homeowners associations are not.
Documentation of Legal Responsibility
In accordance with 44 CFR 206.223(a) and Public Assistance Program and Policy Guide FP 104-009-2, in
order to be eligible for FEMA Public Assistance funding, we understand that the City of Atlantic Beach,
Florida must have the legal authority and responsibility to perform the work at issue in the public
interest, in this case, the removal of hurricane-generated debris from certain private right of ways As
noted above, the damage caused by Hurricane Matthew in City of Atlantic Beach, Florida was extensive.
As a result of Hurricane Matthew my Executive Order as Mayor dated October 5, 2016, and at a meeting
of the City Commission on November 14, 2016 (Attachment A.), the following determinations have been
made:
1. As required by 44 C.F.R. 206.224, removal of hurricane-caused debris from certain private
right of ways is necessary and in the public interest to eliminate immediate threats to life,
public health and safety as determined by Duval County's Health Department's Declaration
of a "Debris-related Public Health Emergency," dated XX, 2016. (Attachment B.).
2. Under the local nuisance abatement or similar ordinances of the City of Atlantic Beach,
AMENDED AGENDA ITEM 38
NOVEMBER 14, 2016
and/or the powers provided to local jurisdictions by the laws of the State of Florida as
enumerated and discussed in one or more opinions of the State of Florida Attorney General,
the City of Atlantic Beach has the legal responsibility, duty and authority in the public
interest to remove such hurricane-generated debris from private property.
3. Based upon "1" and "2" above, we have determined to exercise these authorities to enter
onto specified private rights-of-way (ROW) in order to abate the declared public health
nuisance and safety emergency by removing the hurricane generated debris from those
right of ways.
4. I certify that before we initiate hurricane-generated debris removal, we either shall have
satisfied all the legal processes and received all legal permissions to carry out these actions
of debris removal through the use of Rights of Entry with indemnity clauses signed by the
Homeowners Association, or if no Homeowners Association, by each property owner/lessor
that uses said specified private road.
5. The City of Atlantic Beach, Florida will recognize and respect all laws and regulations that
concern historic preservation and environmental protection.
6. Any reconstruction debris, vehicles, vessels, or other non-related storm debris will not be
removed under this request.
7. The subject Sevilla Gardens, Sevilla Condominium Association, and Paradise Preserve
Homeowners Association roads requested for this approval are: Sevilla Boulevard West,
Paradise Circle, and Paradise Lane. Rights of Entry to pick up debris from these homeowner
association roads were granted (Attachment C.).
Indemnification
As required by section 407(b) of the Stafford Act (42 U.S.C. 5173(b)), the City of Atlantic Beach, Florida
hereby agrees that it shall indemnify and hold harmless the Federal Government and its respective
employees, agents, contractors, and subcontractors from any claims arising from debris removal. The City
of Atlantic Beach, Florida hereby acknowledges that in accordance with section 305 of the Stafford Act
(42 U.S.C. § 5148), the Federal Government shall not be liable for any claim based upon the exercise or
performance of or the failure to exercise or perform a discretionary function or duty on the part of a
Federal agency or an employee of the Federal Government in carrying out the provisions of the Act.
Duplication of Benefits
To avoid duplication of benefits pursuant to section 312 of the Stafford Act (42 U.S.C. 5155),the City of
Atlantic Beach, Florida will obtain from homeowners associations/private property owners information
and documentation relating to any applicable insurance coverage for such debris removal, and any
proceeds and settlements and provide this to the Florida Division of Emergency Management.
The City of Atlantic Beach, Florida point of contact for this request is Public Works Director Donald D.
Jacobovitz who may be contacted at 904-247-5875 if you require additional information.
Proper Procurement
The City of Atlantic Beach, Florida affirms that any contract entered into for debris removal will
comply with the requirements of 2 C.F.R. § 200.318-200.336 and understands that a failure to
comply with any required federal, state and local laws, regulations and permits necessary for
lawful performance of debris removal could jeopardize FEMA funding.
By affixing my signature hereto, I represent that I am duly authorized as Mayor to make this request.
Sincerely,
Mitchell E. Reeves, Mayor
Concurrence:
Mr.Bryan Koon, Director, Florida Division of Emergency Management
AMENDED AGENDA ITEM 38
NOVEMBER 14, 2016
/.
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City of Atlantic Beach, Florida
Declaration of a State of Emergency
PROCLAMATION
AMENDED AGENDA ITEM 38
NOVEMBER 14, 2016
WHEREAS, Hurricane Matthew threatens to disrupt normal city activities and services
throughout the City of Atlantic Beach; and
WHEREAS, the approach of Hurricane Matthew with potentially damaging winds,
heavy rains and forecasted storm surge creates a disaster emergency endangering the safety,
health and welfare of the City of Atlantic Beach, its citizens and visitors; and
WHEREAS, the threat of flooding, prope1ty damage and personal injury are attendant
and imminent disaster emergency conditions are expected within the next 24 hours; now
therefore:
BY THE AUTHORJTY VESTED IN ME BY CHAPTER 2,
"ADMINISTRATION", and ARTICLE VIII. "EMERGENCY
MANAGEMENT", SECTION 2-403 OF THE CODE OF ORDINANCES
OF THE CITY OF ATLANTIC BEACH, I, MITCHELL E. REEVES, AS
MAYOR AND I, NELSON VAN LIERE, AS CITY MANAGER OF THE
CITY OF ATLANTIC BEACH, DO HEREBY DECLARE THAT:
Declaration of Emergency due to Hurricane Matthew. A declaration of emergency
for all sections of the City of Atlantic Beach exists because of the imminence of Hurricane
Matthew. Such emergency consists of, but is not limited to flooding, high winds, property
damage and injuries to residents of the City from flying debris and other conditions attendant to
hurricane force winds and rain all endangering the safety, health and welfare of the City of
Atlantic Beach, its residents and visitors.
Declaration of a State of Emergency -Hurricane Matthew Page I of 2
AMENDED AGENDA ITEM 38
NOVEMBER 14, 2016
Term of the State of Declaration of Emergency. The state of declaration of
emergency, as declared herein, shall last until such time as the threat of or danger from the
emergency no longer exists. At the time it is found that the emergency no longer exists, this
Declaration shall be automatically terminated however, this declaration shall not continue for
longer than thhiy (30) consecutive days, fi·om the date hereof, unless renewed by subsequent
declaration.
Instructions to Public Safety Personnel. I hereby instruct all public safety personnel to
include, but not limited to the Police Depatiment, Public Works Department, Planning and
Development and JEA to exercise all authority confened by law and/or ordinance to coordinate
the combined effmis of all local, state and federal authorities to alleviate this situation.
Mitchell E. Reeves, MAYOR
Nelson VanLiere, CITY MANAGER
/ /./ n:;/ Date: /D,L~/~ Time: --=-c><-----'--' ,, --"~"'--------
Donna Bartle, City Clerk
Declaration of a State of Emergency-Hurricane Matthew Page 2 of 2
Mission:
To protect, promote & improve the health
of all people in Florida through integrated
state, county & community efforts .
George D. Forbes
City Manager
City of Jacksonville Beach
11 North Third Street
Jacksonville Beach, FL 32250
Dear Mr. Forbes :
Vision: To be the Healthiest State in the Nation
November 1, 2016
AMENDED AGENDA ITEM 38
NOVEMBER 14, 2016
Rick Scott
Governor
Celeste Philip, MD, MPH
State Surgeon General and Secretary
As you are aware, the mission of the Department of Health in Duval County (DOH Duval) 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 Matthew.
Pursuant to Chapters 381 and 386 , Florida Statutes , DOH Duval has the responsibility to protect the
public health including determining the existence of cond itions 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 threat to life, public health
or safety. This magnitude of debris acts as a potential threat to the 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 the
County of Duval, which is currently 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 also may 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 private and public
property , including roadways, without delay .
Thank you for your continued support of public health in Duval County .
Florida Department of Health
Duval County -Office of the Director
900 University Bou leva rd North. 7"' Floor (M C-33 )
Jacksonville. FL 32211-9203
PHONE: 904/253-1010 • FA X: 904 /253-274 3
FloridaHealth.gov
Sincerely,
~~~ •. ~~L~
Director
Accredited Health Departme nt
Publ ic Health Accreditat ion Boa rd
ROE No.:
GPS:
AMENDED AGENDA ITEM 38
NOVEMBER 14, 2016
Internal Use Onlv -r -~----~-------_" __________ •----
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Right-of-Entry (ROE) Form
Instructions: Please fill in the requested information and execute the document on the second page.
Property Owner's Information
Otis C Gregg President of Sevilla Gardens HOA and
Owner Name: Board Member of Sevilla Condominium Association)
Street Address: 1954 Sevilla Blvd W. (1800 Sevilla Blvd)
City: Atlantic Beach
State: FL
Phone: Primm)' 904-246-0978 \ Altemate Y04-716-8751i
Insurance Co.: N/A (Board Liability Ins only)
Policy No.: NIA
1. Grant of Right-of-Entry: The undersigned ("Owner") hereby authorizes the City of Atlantic Beach ("City"),
Duval County ("County"), the State of Florida ("State"), the United States Government including, but not
limited to, the Federal Emergency Management Agency ("FEMA") and the United States Anny Corps of
Engineers ("USACE"), and the City's Debris Removal Contractor ("Debris Removal Contractor"), and their
respective assigns, employees, agents, and subcontractors (collectively, the "Assistance Providers") to have the
right of access and to enter in and onto the property described above for the purpose of removing disaster debris
("Services"). It is fully understood that this Right-of-Entry Permit ("ROE") does not create any obligation on
the part of the Assistance Providers to perform Services measures to the Property. Owner understands that no
Services will be perfonned until this ROE is completed in full.
2. Time Period: The ROE shall expire 90 days after this fonn is signed, unless sooner cancelled according to
the terms herein.
3. Hold Har·mless: The Owner understands that this Right-of-Entry is not an obligation upon the government to
perform debris removal. The Owner agrees to indemnify and hold hannless the City, the County, the State,
United States Government, the USACE, FEMA, and the Debris Removal Contractor and their respective
assigns, employees, agents, and subcontractors, for damages of any type whatsoever, either to the above
described property or to persons situated thereon. Owner recognizes that 42 USC § 5148 states: "The Federal
Govemment shall not be liable for any claim based upon the exercise or perfonnance of or the failure to
exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the
Federal Government in canying out the provisions of this chapter." The Owner releases, discharges, and waives
any action, either legal or equitable, that might arise by reason of any action of the above entities.
4. Duplication of Benefits: Most homeowner's insurance policies have coverage to pay for removal of disaster
debris. The Owner also understands that the Owner must provide to the City a copy of the proof/statement of
loss from the Owner's insurance company ("Insurance Company"). The Owner understands that Federal law
(42 United States Code 5155 et seq.) requires the Owner to reimburse the United States Government, through
the City, the cost of debris removal to the extent covered by the Insurance Company. If the Owner has received
payment, or when the Owner receives payment, for debris removal from the Insurance Company, or any other
Right-of-Entry (ROE) Form -I
AMENDED AGENDA ITEM 38
NOVEMBER 14, 2016
-------------1 Internal Use O~t!)'
ROE~o.: ~1.~-
GPS: i Lat.
source, the Owner agrees to notify and send payment and proof/statement of loss to the City for final recovery
by FEMA. In the event, the insurance proceeds are less than the cost of Services perfonned by the City, the
Owner will not be responsible for the difference. The Owner understands that all disaster related funding,
including that for debris removal from private prope1ty, is subject to audit.
5. Miscellaneous:
a. Owner represents and warrants that Owner has full power and authority to execute and fully perform
Owner's obligations under this ROE. If Owner is an entity, Owner also represents and warrants that
Owner has such power and authority pursuant to its governing instruments, without the need for any
further action, and that the person(s) executing this ROE on behalf of Owner are the duly designated
agents of Owner and are authorized to do so.
h. The Owner will mark any sewer lines, septic tanks, water lines, and utilities located on the described
property. (Based on scope o.fwork.for debris pick-up, no markings will be made.)
c. Legal Authority: 10 U.S.C. § 3013; The Robert T. Stafford Disaster Relief and Emergency Assistance
Act as amended, 42 U.S.C. §§ 5121-5207; 4 U.S.C. §§ 2904 and 2906; 4 C.F.R. § 206.2(a)(27).
d. Information is collected to make it possible for the Assistance Providers to enter the Owner's property
and perfonn Services. Infonnation submitted will be shared with other government agencies, Federal
and nonfederal, their contractors, subcontractors and employees, as well as with voluntary agencies
performing inspections and/or emergency protective, for official use only in accordance with the
purposes stated in this ROE.
Signature(s)
For the considerations and purposes set f01th herein, I hereby acknowledge by my dated signature below.
Sit,rnature 1:
Print
Name1:0tis C
Date 1:
Novemher4,
Signature2 :
N/A
Gregg Print Name2 :
2016
...
Right-of-Entry (ROE) Form-2
-·· ·-------·· ·-·
ROE No.: , ___ ----··
GPS: Lat.
Right-of-Entry (ROE) Form
AMENDED AGENDA ITEM 38
NOVEMBER 14, 2016
Intcrnal_!!se OJ_tl)'
j Long.
Instructions: Please fill in the requested infonnation and execute the document on the second page.
1. Grant of Right-of-Entry: The undersigned ("Owner") hereby authorizes the City of Atlantic Beach ("City"),
Duval County ("County"), the State of Florida ("State"), the United States Govemmcnt including, but not
limited to, the Federal Emergency Management Agency ("FEMA") and the United States Army Corps of
Engineers ("USACE"), and the City's Debris Removal Contractor ("Debris Removal Contractor"), and their
respective assigns, employees, agents, and subcontractors (collectively, the "Assistance Providers") to have t11e
right of access and to enter in and onto the property described above for the purpose of removing disaster debris
("Services"). It is fully understood that this Right-of-Entry Pennit ("ROE") does not create any obligation on
the pm1 of the Assistance Providers to perform Services measures to the Property. Owner understands that no
Services will be perfonned until this ROE is completed in full.
2. Time Period: The ROE shall expire 90 days after this form is signed, unless sooner cancelled according to
the tenns herein.
3. Hold Harmless: The Owner understands that this Right-ot:.Entry is not an obligation upon the govemment to
perfonn debris removal. The Owner agrees to indemnify and hold harmless the City, the County, the State,
United States Government, the USACE, FEMA, and the Debris Removal Contractor and their respective
assigns, employees, agents, and subcontractors, for damages of any type whatsoever, either to the above
described property or to persons situated thereon. Owner recognizes that 42 USC § 5148 states: "The Federal
Govemment shall not be liable for any claim based upon the exercise or performance of or the failure to
exercise or perfonn a discretionary function or duty on the part of a Federal agency or an employee of the
Federal Govenunent in carrying out the provisions ofthis chapter." The Owner releases, discharges, and waives
any action, either legal or equitable, that might arise by reason of any action of the above entities.
4. Duplication of Benefits: Most homeowner's insurance policies have coverage to pay for removal of disaster
debris. The Owner also understands that the Owner must provide to the City a copy of the proof/statement of
loss fi·om the Owner's insurance company ("Insurance Company"). The Owner understands that Federal law
(42 United States Code 5155 et seq.) requires the Owner to reimburse the United States Government, through
the City, the cost of debris removal to the extent covered by the Insurance Company. If the Owner has received
payment, or when the Owner receives payment, for debris removal fi·om the Insurance Company, or any other
source, the Owner agrees to notify and send payment and proof/statement ofloss to the City for final recovery
Right-ot:.Entry (ROE) Form-1
ROE No.:
GPS:
AMENDED AGENDA ITEM 38
NOVEMBER 14, 2016
IntC!flal Usc Onl)'
-]Tong.
by FEMA. In the event, the insurance proceeds are less than the cost of Services performed by the City, the
Owner will not be responsible for the difference. The Owner understands that all disaster related funding,
including that for debris removal fl-om private property, is subject to audit.
5. Miscellaneous:
a. Owner represents and warrants that Owner has full power and authority to execute and fully perform
Owner's obligations under this ROE. If Owner is an entity, Owner also represents and warrants that
Owner has such power and authority pursuant to its governing instruments, without the need for any
fwiher action, and that the person(s) executing this ROE on behalf of Owner are the duly designated
agents of Owner and are authorized to do so.
b. The Owner will mark any sewer lines, septic tanks, water lines, and utilities located on the described
property.
c. Legal Authority: 10 U.S.C. § 3013; The Robert T. Stafford Disaster Relief and Emergency Assistance
Act as amended, 42 U.S.C. §§ 5121-5207; 4 U.S.C. §§ 2904 and 2906; 4 C.F.R. § 206.2(a)(27).
d. Information is collected to make it possible for the Assistance Providers to enter the Owner's property
and perf01m Services. Infonnation submitted will be shared with other government agencies, Federal
and nonfederal, their contractors, subcontractors and employees, as well as with voluntary agencies
performing inspections and/or emergency protective, for official use only in accordance with the
purposes stated in this ROE.
Signaturc(s)
For the considerations and purposes set forth herein, I hereby acknowledge by my dated signature below.
/"0//
Signature 1: --·(/~/ Signature2 :
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Print Name 1: U~'-crL~-Print Name2 : ------'--~+-'~_].."---=----'-=---'=====-----"--"---'----------------···-----·· ---
Date': Date2 :
Right-of-Entry (ROE) Form -2