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Documents 03/30/2002 EBOARD OF COUNTY COMMISSIONERS EMERGENCY MEETING MARCH 30, 2002 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS March 30, 2002 4:00 P.M. Collier County Government Center Naples, Florida 34120 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, 1 March 30, 2002 YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. Proclamation of the BCC to declare a state of local emergency and the enactment of a mandatory ban on certain uses of the county's potable water resources. Res. 2002-164 - Adopted 2. Adjourn INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 2 March 30, 2002 Collier County Government Department of Public Information 3301 East Tamiami Trail Naples, FI. 34112 (941) 774-8999 March 29, 2002 NEWS ALERT: FOR IMMEDIATE RELEASE Contact: Deborah Wight, Cgordinator Public Informati~'~ 774-8308 Collier County Water-Sewer District officials are requesting that, effective immediately, customers reduce their consumption .of water to "essential uses only" for a one-week period through Friday, April 5. It is especially critical to turn off irrigation systems. Watering must be limited to a low-volume, hand-held garden hose with an automatic shut-off spray head. The request comes because of several unanticipated recent mechanical problems at the North Regional Water Treatment Plant. Six wells in the Hawthorne Aquifer have been producing lower than expected water quality and the county is currently drilling replacement wells. "The Board of County. Commissioners approved an emergency design/build contract for four new wells in February," said Project Manager Jim McGee of Collier County .Public Utilities Engineering. "We expect the wells to be completed by December 2002, but that doesn't help us in the short term." To add to the problem in the wellfields, a well casing failure two weekS ago forced the county to re-drill one of the wells in the Tamiami Wellfield, a fresh water aquifer used by both the North and the South Regional Water Treatment Plants. "The work on the well is done, and we are doing the bacteriological testing," said Water Distribution Manager Pamela Libby. "The well will be ready to go into production late next week, provided all the test samples are good." A motor failure at the North Plant on Wednesday (March 27) added to an already tenuous situation on being able to meet customer demands for water. That motor is being rebuilt, and is scheduled to be back in place on Saturday (March 30), according to Water Production Manager Stephen Lang. (more) "To make matters worse, yesterday another part of the plant developed filter problems. We have contacted the manufacturer of the filters, which is sending a technician from California to assist us in determining what the problem is and preventing it from happening again," said Lang. "We hope we can fix it quickly and get 2 million gallons per day of treatment capacity back into production next week." "We need our customers to understand the serious situation we are in," said Collier County Water Department Director Paul Mattausch. "This time of year, approximately 40 percent of our potable water supply goes to irrigation. It is much more essential to have water for health and safety reasons than to be putting it on lawns in this kind of situation. We have had an unfortunate sequence of events that has severely reduced our ability to produce water for non-essential uses." Reiterating, county officials are asking the cooperation of all customers to limit their water consumption to essential uses only through Friday, April 5. For more information, call Mattausch at 253-0947 or 430-6010, or page him at 513-5939. Xav 3B ZBBZ 17:41:Z4 ~/ia Fax -> 19417744819 [;1][~?¥ XicllliCl[;]~R Faire Collier County Government Department of Public Information 3301 East Tamiami Trail Naples, FL 34112 · (94~) 77~j March 30, 2002 Contact: Tom W{des, Interim Public I. Itll~es Administrator F~fl3lic Utilities 732-2540 FOR IMMEn_ _IATE RF.T,I~.ASE Thc Board of County Commissioners called au enmrg~cy me. ming today to enact mandatory, potable water use reslr/cfions. The ban on ail irrigation and other non-essential water uses took effect irmucdi._tely on Saturday, March 30'' and will bc in place until 6.'00 pm Friday April 5~': or until such time as the ban is lifted by the Board of County Commissioners. The water use resu'ictions apply only to customers of the Collier County. Water/Sewer District. (See attached map). Thc rnandatmy restrictions were necessary to allow the County's Water Department to correct a number of mechanical breakdowns that occurred over the last week. While water supplies are sufficient to meet all normal household uses, they have been insufficient to meet household uses and the area's heavy irrigation use. Collier County's Water Dcpamaaeat Director Paul Mattausch said, "Althougta we made a number of repa/rs to the system today, we felt it was the safest route to place mandatory restrictions on non-essential uses until reserve supplies can be fully replenished". Two add/t/onal weIls along with final pump repa/rs are expected to be completed and on-linc by week's end and should allow the system to return to normal operating levels. Approx/mately 40% of the potable water produced by the Collier County 'Water Depan~ment is used for in/gat/on. By imposing these mandatory restrictions, the County can sat'ely protect essential uses ofwmer for home cooking, ddnldng and ba~ing. CoUier County Sheriff's Departmem and Code Eniorcemcnt personnel w/l] be called upon to enforce the restrict/om. Collier County Commission Cl~innau, Jim Coleua said, '~{'hc Board approved a number of fixes to the utilities system several morr, hs ago. Untbrumately, these improvements take upwards of a yea for permitting and construction, which allowed the system to get stressed during our high sea,son." Chairman Coleua added," : ' We recogmze and share the community's concm'n over issues as important as war. er, and believe that we took prudent steps today r.o ensure, that thc community has a safe and adequate drinking water supply". ' Collier County regrets any inconvenience that these restrictions may cause and apprcciams the community's complianc~ with these important measures. For fur,.her infonnarion please contact Tom Wides, Interim Public Utilities Administrator, Public Utilities a~ 732-2540. Xaz, ~B ZBBZ ~?:4Z:85 ~/~a ~'~ -> 254~.7744Bllt ggl~l?¥ I~IXAG]~ l~age ~ §~ 8B7~ Collier County Water/Sewer District Boundaries W M~r ~H ZHSZ 17:4Z:57 Via Fax -> 19417744818 CflUXTY MAMAGER Page BI]3 O~ 087 EXECUTIVE SUMMARY DECLARE A STATE OF EMERGENCY AND APPROVE MANDATORY IRRIGATION AND OTHER IION-BSENllAL WATER USE RESTRICTIONS RESULTING FROM OPERATIONAL ISSUES AT POTABLE WATER PRODUCTION FAClUTIES IN UNiNCORPORATED COLLIER COUNTY OBiIECTIV~$ That t[~ Board of Coanty Comm~s-,ioncrs a~d as F..xOfff~o, the Governing Board of the Collier County Wat~r-~ewer .Disuict, declare a state of tancrgency pursuant to Collier Cotmty Ordinances No. 84-37 and No. 74-50 and approvc and ~Jathori~c the implemeamtio~ of m~mlatory restrictions on the u~ of potabl.e water for inigation and other uou-csscntial uses with/n uninC~d Colii~r County. No potable water usage will be allowed for irrigation purposes during this time period. The duration of the restrictions will run lhrou~h Friday, April :~, 2002. Staff cxpccts that this time period will bc critical as the impac~ of mechanical repaks will bc in place and the high seasc~ populatim will start to diminish, This action is necessary as thc result of thc mechanical difficulties bc/ug cxpo-ienced at ~ North Regional Water Treatment Facility and some wells in the county wellfiekis. CONSID]Ii3~TION: The North Regional Water Treatment Facffity was plac~ in service in 1996 mad =xpandad in 1999. It ha~ cutout capacity to Imxlucc 12.0 mgd of membrane soflcacd potable water and 8.0 mgd of rcverac osmosis processed potable water. In ~d~fion, the South Regional Water TzcatmenrFaciliry has the capacity to produce 12.0 mgd of llm~ softened poUlbl© wadi. The facilities ate fed by 27 wells in the Lower Tamiami Acquifer with a capacity to produce 9-7.0 mgd of raw water. ~fly, ~veanti wc]l$ am operating at leas than capacity and thc rcsulting raw wate~ production is approximately 24.0 mgd. Thc Lower Hawthorne has 10 wells with a designed raw water capacity of 13.0 mgd. This water source pmvidm brackish raw wares: to tho reverse osmosis production facilities. Aa a result of poo~ water quality and other operational difficulties, four of the wells ara not ia service. Two of the ramaining six wells am operating at I~ than capacity. On F~bmary 26, 2002, the Board of C~mty Commiasiouers approved an emergency Dasiga/Build Contract to repiac= the four wells; however, ~h= expected compl~on of th=~ well~ is Operational excursions ha~e started m appear aud. Public Utilltics staff has ?.~k~n various remedial steps, Toward Cbc end of 2001, four deep wa~r wells in the Hawthorne Acquifcr (brackish water supply) started to pr0clucc water witli elevated salt levels; these wells arc no lc~gcr in service. Using these wells would mcan that the reverse osmosis plant could not process wate~ as efficiently, thus Ioweriag supply. These wells will be' replaced by the emergency Design/Build ccmtraet noted above. Two additional brackish wemr we. lis have been taken out of service for maia~c~ and will be broaght back on lira= IJ~ weeken~ pending salisf, ac{ory bacmr~o]o~i=al ~ults. The two w=lls combined will acid approximate,3y ~.0 mgd of uv, euxi pomb~ we=. Thc wells in rbe Lower Tamiami Acquifer have opera~d much bench, howcvcr,'tWo wells have expe~icncexi opetaling problems. WeAl ~2 has been ~alrilimmd and a new pus9 end motor instellcd; bacteriological w, sting is ongoing, Thc well w~ placed in servic~ on Friday ~m'noon. Well g~3 had a failed c~ng an~. was r~-drilled for a new casing. A new ca.~in~ prm? and motor have been in_s'ad]cd and after expected s~ful bacUuiological a~sting, will be ready for scrvi~ c~u'ly dmu w~k of April 1. It.is noaxi that incre, as~d producmion from the~: wells is as ck:s=rilxxi in ~h© next parag~ Subsequent to the well isz~ _~_~ this past week a motor burned out on Skid B on the mcm~c softening (fresh raw water prcu:~sing) eiclc of thc plar~. Thc mot~ was sent out Ods week for repair and is e~cpected back for installation on Saturday, March 30. It is expec~cd that this motor will be iomts{led around 1:30 P.M. and be rcady for service. It will add approximately 1_2 mgd of capacity ~ thc sysmm. On Thursday of this week, Skid A on the nmmhrane sofltming (fi'esh mw w~r pi-ocessing) side of the plant~ experienced filter clogging in thc unit. Af~ conversations with ~c mauufscU, u'cr, dim opcrafi~ siaff i~ cleaning and shifting fl~ proc=ssing order o~ ~e fillm's in the skid. This will allow bbc skid ~o be placed back in service, opexagng aX 70% of capacity or about 1.3 mgd of prod~. In the ~eautime, ~n emergency purchase order has be~m approved in ~ amount of $46,000 for thc delivery of 108 new filters. The manufzctumr has egrecd to a ten day delivery. In c~scuce, ~rough 29 days, March wa~er demand has av~ ~.5 m~ ~ a ~~ ~y cf 28.8 ~d ~d a ~~ cf 21.9 ~ ~ nou-~n ~ys, ~m~d h~ av~ 24.8 mgd ~d ~ ~~ ~ ~ a~ of 27.9 ~ ~ of S~y mo~n~ ~h 30, ~~on cap~ty is ~.6 ~ ~s m~ a 0.2 mgd sho~ ~ ~e av~ non-im~ ~y ~d a 3.3 mgd ~~ m ~e av~e i~g~on ~y. ~difi~ to ~i~ o~ ~ ~t w~ ~H ~d a~~ly 2.3 m~ m p~u~, ~ng c~ m 26.9 mgd. This capacitY addition will only provide mm'gilml improvement to the short term water supply. In ~,ridiiion, a year round mandatory waizr restriction ordinance' will be pmmm~d to the Board of County Commissione_-s for approval on April 9, Finally, along with the 8.0 mgd South Regional Waler Plant e, xp~n.~ion under construction, 15 w¢ll~ am schcdulcd for completion in early 2003. Staff is also pursuing offer mid tcnn op6ons ~o solidify thc potable walm- supply. FISCAL IMPAC'[: The preservation of dm best in2res~ of the healhh and safely of ~hc communioj far out'weighs Re short te~m reduclion in Water revenue. Bar.38 ZBB2 17:44':.26 Via Fax... '~> ........ 1941?744BIB COOH?~'H~B~GER," Page 885 Of BB? C?_R_OWTH MANAG~ ,__I~I~AC~,;, Thc~ is no ~rowth marmEemcnt impact in appro~u§ this action.. RECO..MMKNDATION:,, That the Board of County Commhsionc~ and ns Ex-Officio, the Governing Board of the CoRier County Water-Sewer District: a)dechu~ and proclaim a state of ~¢y, appwvc a r~tm/on authorizing the implcm~tafion of mnndatory resections, as recommendex/by sUtff, concerning the uae of potable water for irrigation and other non-essential uses. The mandatory restrictions will remain h~ effect through Friday. April 5, 2002; b)dcclare that d,,'in§ this emevguncy it shall be unlawful and an offezm~ against the County for a~y person to usr fl~e fresh wau:r supply by the County for any purpose other titan cooking, dfinldng or bathing. sUSMn-r sy: .._._ , Mar 3B ZBSZ 17:44:5B g~e Fax -> 194177448~B COUXTY HANAGEB Page ~G D~ BB? PROCLAMATIONfRESOLIYI/ON 2002- PKOCLAMATION OF THE BOARD OF COUNTY COMMISSIONBR5 OF COLLIER COUNTY TO DECLARE A STATE OF LOCAL EMEROENCY AND THE ENACTMENT OF A MANDATORY BAN ON CERTAIN USES OF THE COUNTY'S POTABLE WATER RESOURCES. Where~s, purso~t to Collier County Ordinance No. 84-37 and Chapter 252, Florida Statutes, which authorizes the waiver of procedures and formalities otherwise required of political subdivisions to take whatever prudent action is necessary to ensure the health, safety and welfare of the community in the event of a state of emergency; and Whereas, the Board of Coumy Commi~o~s and as Ex-Officio, the Governing Board of the Coil/er Co~mty Water and Sewer Distiict, having bc~n duly advised at a public meeting haz determined that tim inter¢~ of public heal~ safety and weifare of the community requlr~ thc determinn~ion and declaration of a state of local.emergency pertaining to the usez of the County's potable water resources; atut Where~s, there is a need to impose certa/n, specific limitations and restrictions upon the uses of potable water of the Collier County Water taxi Sewer Disu~ct system for a limited period of time. NOW THEREFORE, BE IT HEREBY PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS AND AS EX-OFFICIO ~ GOVERNING BODY OF THE COLLIITR COUNTY WATER AND SEWER DISTRICT that: A State of Local Emergency is declared and will rem~ in effect until 6:00PM, Friday, April 5, 2002 and ahall apply to ali are~ of Collier County that are serviced by the Collier County Water and Sewer District.. During this Sram o£ Loe4d Emergency it shall b~ !ml~wful and an offense again~ the County for any per~n to uae the fi'oah (potable) wmer supplied by the CounW for any propose other than cooking, drinking or bathing and toUct uso. 3. P~nakics for viol~ion or,his Stat~ of Local Emergency _~h~ll be as provided iu Ordinance 84-37. 4. This State of Local Emergency does not apply ~o custom~ serviced by the City of Naples, the City of Murco lslz~-O~ Everglades City and those areas serviced by private water service prcvidem. 5. Th/s Proelamafion/Kezolution ~ be transmitted to the Collier County Sher~ Offi~ and the Collier County Office of Code F_,nfo~. ~ar 38 Z~Z 17:45:28 Uia Fax -> 194177448t8 COUNTY H~H~ Page BE IT FURT!~'.R RESOLVED, tsar thc Bo~d of Coun~ Coran~s~ncrs h~b~ ~crci$~ ~ ~o~ ~t ~ Colli~ Co~U ~~ 84-37 ~vcs ~ proc~ ~d forties r~ by ~w of a ~ifi~ ~~o~ ~d~ ~ C~r 252.3g (a)(5) Flo~ $~. , This P£oclamafio~Resolution adopted ~ motion, second and majority vote. ATTEST BOARD ~UINTY COMMI~ON~RS Dwight ti. Brock, Clerk By: B Y,:~'-~;~; ~'"~ #~-~&-{----'~/--,~/~%/I - Approved ~ to form and legal David C. Wcigel - ~ County Attorney O~U~rN~CE ~0. S 4.- .37 AN ORDINANCE DESIGNATING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS, OR IN HIS ABSENCE, VICE-CHAIRMAN OR COUNTY MANAGER, IN TI[IS SUCCESSION, AS THE OFFICIAL WITH AUTHORITY TO DECLARE A STATE OF EMERGENCY IN THE EVENT OF A NATURAL OR MANMADE DISASTER OR THE IMMINENT THREAT THEREOFI AUTHORIZING SUCH OFFICIAL TO TAKE CERTAIN EMERGENCY MEASURES RELATING THERETO~ PROVIDING PENALTIES! PROVIDING FOR CONFLICT AND SEVERABILITY~ PROVIDING AN EFFECTIVE DATE. WHEREAS, because of the existing and continuing possibility of the occurrence of natural or manmade disasters or emergencies and destruction resulting therefrom, and in order to ensure the readiness of Collier County to adequately deal with such disasters and generally provide for the protection of the public health, safety, and welfare to and preserve the lives and property of the people of Collier County, it ~s hereby determined to be in the best interests of Collier County that the following Ordinance be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: It is the intent of the County to designate a Cou~t Official to declare a local ~tate of emergency and t~ certain actions relating thereto when a quorum of t~ So~ of County Commissioners is unable to meet. For the purpose of this Ordinance, emergency is defined, as provided in Chapter 252, Florida Statutes, as follows= any occurrence, or threat thereof, whether accidental, natural, or caused by man, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. SECTION TWO: Pursuant to Chapter 252, Florida Statutes, which authorizes the waiver of procedures and formalities otherwise required of political subdivisions to take whatever prudent ac=ion is necessary to ensure the health, safety, and welfare of the community in the event o~ a state of emergency, when a quorum of the Board of County Com~iseion is unable to meet, the Chairman of the Board of County Commissioners, or the Vice-Chairman in his absence, or the County Kanage£ in the absence of fha Chairman and Vica-Chal~tan, Is hereby designated and empowered to declare a local state of emergency whenever he shall determine that a natural or maru~ada disaster has occurred or that the occurrence or threat of one is imm£nent and requires i~ediate and expeditious action, SECTION THREE: A state of emergency shall be declared by proclamation of the Chairman, or the Vice-Chairman in his absence, or by the County Manager in the absence of the Chairman and Vice-Chairman. The state of emergency shall continue until the Chairman, or Vice--Chairman in his absence, or County Manager in the absence of the Chairman and Vice-Chairman finds that th% threat or danger no longer exists and/or until an emergency ~eeting of a quorum of the Doard of C6unty Commissioners can take place and terminate the state of emergency by proclamation. SECTION FOUR: A proclamation declaring a state of emergency shall activate the disaster emergency plans applicable to Collier County and shall be the authority for use or distribution of any supplies, equipment, materials, facilities assembled or arranged to be made available pursuant to such plans. SECTION FIVE: In addition to any other powers conferred by law, upon the declaration of a state of emergency pursuant to this Ordinance, the Chairman, or Vice-Chairman in his absence, or County Manager in the absence of the Chairman and Vice-Chairman, may order and promulgate all or any of the following emergency measures to be effective during the period of such emergency in whole or in part, and with such limitation and conditions as he may deem appropriate to protect the health, safety and welfare of the Community. 2 A. Suspend or limit tho sale, dispensing, or transportation of alcoholic beverages, firearms, explosives and combustibles. B. Establish curfews, including but not limited to the prohibition of or restrictions on pedestrian and vehicular movement, standing and parking, except for the provision of designated, essential services, such as fire, police, emergency medical services and hospital services, including the transportation of patients, utility emergency repairs and emergency calls by physicians. C. Utilize all available resources of the County government as reasonably necessary to cope with the disaster emergency, including emergency expenditures not to exceed $50,000. Any expenditures requiring checks, Purchase Orders, etc. shall be required to be co-signed by the Clerk. D. Declare certain areas off limits, to all but emergency personnel. E. Make provisions for availability and use of temporary emergency housing and emergency warehousing of materials. F. Establish emergency operating centers and shelters in addition to or in place of those provided for in the County's Emergency Plan. G. Declare that during an emergency it shal'l be unlawful and an offense against Collier County for a~y person, firm, or corporation to use the fresh water supplied by the County or the City of Naples for any purpose other than cooking, drinking or bathing. H. Declare that during an emergency it shall be unlawful and an offense against Collier County for any person, firm or corporation operating within the County to charge more than the normal average retail price for any merchandise, goods, or services sold during the emergency. The average retail price as used herein is defined to be that price at which similar merchandise, goods, or services were being sold during the ninety (90) days immediately preceding the emergency or at a mark-up which is a larger percentage over wholesale cost than was being added to wholesale cost prior to the emergency. !. Confiscate merchandise, equipment, vehicles or property needed to alleviate the emergency, with the exception of emergency vehicles. Reimbursement shall be within sixty (60) days and ~t customary value charged for the items during ninety (90) days previous to the emergency. J. Preceding or during the emergency the Chairman, Vice- Chairman, or in their absence, the County Manager, shall have the authority to call on the National Guard or the Army, Coast Guard, or other law enforcement divisions as necessary to assist in the mitigation of the emergency or to help maintain law and order, rescue, and traffic control. SECTION SIXz Nothing in this Ordinance ~hall be construed to limit the authority of the Board of County Commissioners to declare or terminate a state of emergency and take any action authorized by law when sitting in regular or special session. SECTION SEVEN~ Any person, firm or corporation who refuses to comply with or violates any section of this Ordinance, or the emergency measures which may be made effective pursuant to this Ordinance, shall be guilty of a misdemeanor and upon conviction for such offense, shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed sixty {60) days in the county jail, or both, in the discretion of the court. Each day of continued non-compliance or violation shall constitute a separate offense. In addition to the foregoing, any licensee of Collier County found guilty of violating any provision of this Ordinance, or the emergency measures which may be made effective pursuant to this Ordinance, may have his license suspended or revoked by the Board of Commissioners of Collier County. Nothing herein contained shall prevent the County from taking such o[her lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any refusal to comply with, or violation of, this Ordi~a~ce or the emergency measures which may be made effective pursuant to this Ordinance. Such other lawful action shall include but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. SECTION EIGHTs In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance ks held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affec': the validity of the remaining portion. SECTION NINEt This Ordinance shall take effect al provided by law. ~ ; : ,~.,. ' ' ,', '; ~ . . :41'1Ix////. ' ~ /~ '~ :..::','.... :~. · r, ' .... le~il~l~, suffi¢lsnc.~ ~ Collier County Attorney .fo=e~oi~ i~ a ~ue orl~ir~ of: O~D~ NO. 84-37 ~hich wa~ ack~te~ ~ ~a= Session ~7 the Board of Cotnt~ O~missio~ers on the 22~! day of May, 1984. 14IINESS my hand m~ the official seal of the Board of Cot~t-y C~,u/ssio~rs of Collier Co~ty, Florida, this 22~! day of Ma~, 1984. cle~ of Courts ~nd Clerk Ex officio t.o Board of PROCLAMATION/RESOLUTION 2002- 164 PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO DECLARE A STATE OF LOCAL EMERGENCY AND THE ENACTMENT OF A MANDATORY BAN ON CERTAIN USES OF THE COUNTY'S POTABLE WATER RESOURCES. Whereas, pursuant to Collier County Ordinance No. 84-37 and Chapter 252, Florida Statutes, which authorizes the waiver of procedures and formalities otherwise required of political subdivisions to take whatever prudent action is necessary to ensure the health, safety and welfare of the community in the event of a state of emergency; and Whereas, the Board of County Commissioners and as Ex-Officio, the Governing Board of the Collier County Water and Sewer District, having been duly advised at a public meeting has determined that the interests of public health, safety and welfare of the community require the determination and declaration of a state of local emergency pertaining to the uses of the County's potable water resources; and Whereas, there is a need to impose certain, specific limitations and restrictions upon the uses of potable water of the Collier County Water and Sewer District system for a limited period of time. NOW THEREFORE, BE IT HEREBY PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS AND AS EX-OFFICIO THE GOVERNING BODY OF THE COLLIER COUNTY WATER AND SEWER DISTRICT that: A State of Local Emergency is declared and will remain in effect until 6:00PM, Friday, April 5, 2002 and shall apply to all areas of Collier County that are serviced by the Collier County Water and Sewer District.. During this State of Local Emergency it shall be unlawful and an offense against the County for any person to use the fresh (potable) water supplied by the County for any purpose other than cooking, drinking or bathing and toilet use. 3. Penalties for violation of this State of Local Emergency shall be as provided in Ordinance 84-37. This State of Local Emergency does not apply to customers serviced by the City of Naples, the City of Marco Island, Everglades City and those areas serviced by private water service providers. 5. This Proclamation/Resolution shall be transmitted to the Collier County SheriffJ Office and the Collier County Office of Code Enforcement. BE IT FURTHER RESOLVED, that the Board of County Commissioners hereby exercises its authority pursuant to Collier County Ordinance 84-37 and waives the procedures and formalities required by law of a political subdivision, as provided in Chapter 252.38 (a)(5) Florida Statutes. This Proclamation/Resolution adopted after motion, second and majority vote. BOARD 9F~UNTY COMMIS.~qI{)N~RS Attest N ~ ~l~'s~ ~~E~TA:-~~n Approved ~ to fo~ ~d legal sufficiency Davi~l C. Weigel ' County Attorney