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09-06-2017 BCC-E (Hurricane Irma)COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 Emergency Meeting September 6, 2017 Hurricane Irma 12:00 noon Commissioner Penny Taylor, District 4 – BCC Chair Commissioner Andy Solis, District 2 – BCC Vice-Chair Commissioner Donna Fiala, District 1 Commissioner Burt Saunders, District 3 Commissioner William L. McDaniel, Jr., District 5 NOTICE: All persons wishing to speak on Agenda items must register prior to presentation of the Agenda item to be addressed. All registered speakers will receive up to three (3) minutes unless the time is adjusted by the chairman. Collier County Ordinance No. 2003-53 as amended by ordinance 2004-05 and 2007-24, 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. 1. Pledge of Allegiance/Call to Order 2. Update on the status of Hurricane Irma and its impact on Collier County 3. Determination of Necessity of Declaring a State of Emergency 4. Discussion of any appropriate action for the Board to take a. Debris Mission b. Law Enforcement/Protective Services c. Budget and Financial d. Other 5. Adjourn EXECUTIVE SUMMARY Recommendation to authorize budget amendments to recognize FEMA revenue and adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2016-17 Adopted Budget. OBJECTIVE: That the Board of County Commissioners adopts the attached resolution and the related amendments that amend the Fiscal Year 2016-17 adopted budget in accordance with Section 129.06, Florida Statutes. CONSIDERATIONS: In order to prepare for Hurricane Irma, County Divisions will require budget authorization to prepare for and respond to the impact and aftermath of the storm. FEMA (Federal Emergency Management Administration) reimbursements will be appropriated to ensure County budgets are available for storm related expenses. Section 129.06, Florida Statutes defines how an annual budget, as adopted by the Board, can be amended. Budget amendments recognizing grants, donations, contributions, insurance proceeds, or receipts from enterprise or proprietary funds that increase the total appropriations of a fund over the adopted annual budget must be approved by resolution of the Board of County Commissioners. Also, budget amendments appropriating moneys from reserve for future construction and impro vements must be approved by resolution of the Board of County Commissioners. FISCAL IMPACT: Budget amendments will be processed to recognize FEMA revenue and increase appropriations within the various Divisions’ capital budgets utilizing project number 50154 for the impact and aftermath of Hurricane Irma. A total of $5.8 million is suggested as the initial fund up for this event based upon our experiences with Hurricane Wilma. Budget amendments will reflect this amount. Expenditures associated with Hurricane Wilma in October of 2005 was $31million. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item was reviewed by the County Attorney, is approved as to form and legality, and requires majority support for approval. – JAK. RECOMMENDATION: That the Board adopts the attached resolution amending the Fiscal Year 2016- 17 adopted budget and authorizes the necessary budget amendments. Prepared by: Mark Isackson, Corporate Financial Planning and Management Services County Manager’s Office RESOLUTION NO. 17- A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES, TO AMEND THE BUDGET FOR THE 2016-17 FISCAL YEAR. WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also referr ed to as "Board") at any time within a fiscal year may amend a budget for that year, and provides the procedures therefore; and WHEREAS, the Board of County Commissioners of Collier County, Florida, has received copies of budget amendments which provide for but are not limited to: revenue from grants, donations or contributions, or insurance pr oceeds for a designated purpose; and WHEREAS, the Board of County Commissioners of Collier County, Florida, has received copies of budget amendments where increas ed receipts for enterprise or proprietary funds received for a particular purpose may be appropriated and expended for that purp ose. WHEREAS, the Board of County Commissioners of Collier County, Florida, has received copies of budget amendments where reser ve for future construction and improvements are appropriated for the purposes for which the reserve was made; and WHEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year 20 16-17 by resolution pursuant to Section 129.06, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the budget amendments to the FY 2016-17 Budget described below are approved and hereby adopted and the FY 2016-17 Budget is so amended. BUDGET INCREASE INCREASE INCREASE AMENDMENT (DECREASE) (DECREASE) (DECREASE) EXPLANATION FOR FUND NUMBER RECEIPT EXPENDITURE RESERVES APPROPRIATION 003 17-756 (09/06/17) $500,000.00 $500,000.00 To recognize FEMA funds for Hurricane Irma. Emergency Disaster 301 17-757 (09/06/17) $500,000.00 $500,000.00 To recognize FEMA funds for Hurricane Irma. County-wide Capital 306 17-758 (09/06/17) $500,000.00 $500,000.00 To recognize FEMA funds for Hurricane Irma. Parks Capital 310 17-759 (09/06/17) $1,000,000.00 $1,000,000.00 To recognize FEMA funds for Hurricane Irma. Transportation/CDES Capital 325 17-760 (09/06/17) $100,000.00 $100,000.00 To recognize FEMA funds for Hurricane Irma. Stormwater Capital 412 17-761 (09/06/17) $500,000.00 $500,000.00 To recognize FEMA funds for Hurricane Irma. Water Capital 414 17-762 (09/06/17) $500,000.00 $500,000.00 To recognize FEMA funds for Hurricane Irma. Wastewater Capital 474 17-763 (09/06/17) $2,000,000.00 $2,000,000.00 To recognize FEMA funds for Hurricane Irma. Solid Waste Capital 496 17-764 (09/06/17) $100,000.00 $100,000.00 To recognize FEMA funds for Hurricane Irma. Airport Capital 195 17-765 (09/06/17) $100,000.00 $100,000.00 To recognize FEMA funds for Hurricane Irma. Airport Capital BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of t his meeting for permanent record in his office. This Resolution adopted this 6th day of September, 2017, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: _________________________________ By: _________________________________ Deputy Clerk PENNY TAYLOR, BCC CHAIRMAN Approved as to form and legality: _____________________________________________ Jeffrey A. Klatzkow, County Attorney AGENDA TRANSMITTAL SLIP 1 Date Submitted: 09/06/2017 Reauested - Agenda Date: 09/06/2017 Agenda Iters APPROPRIATE HEADING CIRCLE ONE 2 Pled2e of Allegiance 3 Approval of Agenda and Minutes ❑ 4 Proclamations 5 Presentations(6)Public Petitions Board of Zonis Appeals B Advertised Public Hearings 9 Board of Coun Commissioners 10 CountyManager's Report (11) Topics Public Comments on General (12) County Attorney's Report (13) Other Constitutional Officers (14) Airport Authority ❑(15) Staff and Commissioner General Communications X 06) Consent Agenda [1(17) Summa A e da Requested by: 14kd-11" Andrea ars Finance Director Division Head: r'R k- a' Kevin Rambosk, Sheriff /, Rev'4ed y: 27Y%Date:04 dberg, C Legal Dater b 1 County Manager. Ir DateO,0/ 7 / 1 Date: Item Title: Approve request to appropriate $4M to Sheriffs General Fund (Courts, Law Enforcement and Corrections) in order to cover salaries and other expenses related to Hurricane Irma. List of Documents Attached: 1. Executive Summary (required) 2. Budget Amendment EXECUTIVE SUMMARY Recommendation to authorize execution of the budget amendment to increase current funding for the Collier County Sheriffs General Fund (Court, Law Enforcement and Corrections) in the amount of $4M in order to cover salaries and other expenses related to Hurricane Irma. OBJECTIVE: To increase current budget in the amount of $4M for Sheriffs General Fund. CONSIDERATION: Collier County Sheriff's Office needs an increase on the current budget for Sheriff's General Fund in order to cover salaries and other expenses related to Hurricane Irma. FISCAL IMPACT: A budget amendment in the amount of SW is needed from the Fund 001 General Funds. GROWTH MANAGEMENT: None. LEGAL CONSIDERATIONS: RECOMMENDATION: That the Board of County Commissioners (i) authorize execution of the budget amendment from 001 General Funds. PREPARED BY: Andrea Marsh, Finance Director APPROVED BY: Kevin Rambosk, Sheriff ITEM NO: DATE RECEIVED: FILE NO.: ROUTED TO: DO NOT PYRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (please type or print) Date: September 6, 2017 To: Office of the County Attorney, Attention: Tammy Althouse. From: Andrea Marsh r Finance Director (Name) (Title) Sheriff's Office Finance Division (Division) (Department) Re: Sheriffs General Operating Fund- Recommendation to authorize execution of the budget amendment to increase current funding in the amount of $4M in order to cover salaries and other expenses associated to the Hurricane Irma. BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be specific, concise, and articulate). On September 22, 2016, the Board approved the Collier County Sheriffs Office Budget, including funding from Salaries and Other Expenses for Courts, Law Enforcement and Corrections. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) Legal approval of documents. OTHER COM EENTS : C: Kevin Rambosk, Sheriff All requests must be copied to your appropriate Division Head or Constitutional Officer. [YY-1442/715776/1] 1 PROCLAMATION/RESOLUTION NO. 2017-_____ PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO DECLARE A STATE OF EMERGENCY FOR ALL TERRITORY WITHIN THE LEGAL BOUNDARIES OF COLLIER COUNTY INCLUDING ALL INCORPORATED AND UNINCORPORATED AREAS. WHEREAS, Hurricane Irma has the potential for causing extensive damage to public utilities, public buildings, public communication systems, public streets and roads, public drainage systems, commercial and residential buildings and areas; and WHEREAS, Collier County Bureau of Emergency Services officials are recommending that a “State of Local Emergency” be declared due to the threat of Hurricane Irma; and WHEREAS, Section 252.38(3)(a)(5), Fla. Stat., and Collier County Ordinance Nos. 84- 37, 2001-45, 2002-50, 2007-49, and 2011-34 (codified at Sections 38-56 through 38-71 in the Collier County Code of Laws and Ordinances) provide for a political subdivision such as Collier County to declare a State of Local Emergency and to waive the procedures and formalities otherwise required of political subdivisions by law pertaining to: 1. Performance of public work and taking whatever prudent action is necessary to ensure the health, safety and welfare of the community; 2. Entering into contracts; 3. Incurring obligations; 4. Employment of permanent and temporary workers; 5. Rental of equipment; 6. Utilization of volunteer workers; 7. Acquisition and distribution, with or without compensation, of supplies, materials and facilities; 8. Appropriation and expenditure of public funds. NOW THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, in Special Session, this 6th day of September, 2017, that Hurricane Irma poses a serious threat to the lives and property of residents of Collier County, that voluntary evacuation is encouraged, and that a State of Local Emergency be declared, effective immediately for all territory in the incorporated and unincorporated areas of Collier County. [YY-1442/715776/1] 2 BE IT FURTHER RESOLVED, that the Board of County Commissioners hereby exercises its authority pursuant to Collier County Ordinance Nos. 84-37, 2001-45, 2002-50, 2007-49, and 2011-34 and waives the procedures and formalities required by law of a political subdivision, as provided in Section 252.38(3)(a)(5), Fla. Stat., including authorization for Procurement Director to waive existing purchasing card limitations during the declared emergency. BE IT FURTHER RESOLVED, that the Board of County Commissioners hereby declares that during an emergency it shall be unlawful and an offense against the County for any person 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 30 days immediately precedin g 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. The waiver and re-imposition of the state gas tax(es) shall not factor as to gasoline/petroleum products sales prices. BE IT FURTHER RESOLVED, that pursuant to Collier County Ordinance No. 2002- 50, Section One, this proclamation declaring a state of emergency shall activate the disaster emergency plans applicable to the County and shall be the authority for the use or distribution of any supplies, equipment, materials or facilities assembled or arranged to be made available pursuant to such plans. THIS PROCLAMATION/RESOLUTION ADOPTED after motion, second, and majority vote favoring same this 6th day of September, 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: ________________________________ By: ________________________________ , Deputy Clerk PENNY TAYLOR, CHAIRWOMAN Approved as to form and legality: ________________________________ Jeffrey A. Klatzkow County Attorney [YY-1442/715753/1] 1 RESOLUTION NO. 2017 - ____ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DECLARING A PUBLIC INTEREST AND NECESSITY IN REMOVING DEBRIS CAUSED BY HURRICANE IRMA ON OR ADJACENT TO PUBLIC AND PRIVATE ROADS THROUGHOUT THE COUNTY AND AUTHORIZING SUCH REMOVAL OF DEBRIS BY COLLIER COUNTY AS PART OF ITS EMERGENCY MANAGEMENT EFFORTS IN ACCORDANCE WITH CHAPTER 252.38 (3)(A)(5), FLA. STAT., COLLIER COUNTY ORDINANCE NOS. 84-37, 2001-45, 2002-50, 2007-49, AND 2011-34 (CODIFIED IN SECTIONS 38-56 THROUGH 38-71 IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES) AND IN ACCORDANCE WITH PROCLAMATION/RESOLUTION NO. 2017- _____ DECLARING A STATE OF EMERGENCY FOR ALL TERRITORY WITHIN THE LEGAL BOUNDARIES OF COLLIER COUNTY, AS A RESULT OF EXTENSIVE DAMAGE CAUSED BY HURRICANE IRMA. WHEREAS, on September 6, 2017, the Board of County Commissioners of Collier County, Florida adopted Proclamation/Resolution No. 2017-____ to Declare a State of Emergency for all territory within the legal boundaries of Collier County including all incorporated and unincorporated areas; and WHEREAS, Proclamation/Resolution No. 2017-____ was adopted under the authority of Chapter 252.38(3)(a)(5), Fla. Stat., and Collier County Ordinance Nos. 84-37, 2001-45, 2002- 50, 2007-49, and 2011-34 (codified in Sections 38-56 through 38-71 in the Collier County Code of Laws and Ordinances) providing for a political subdivision such as Collier County to declare a state of local emergency and to waive procedures and formalities otherwise required of political subdivisions by law; and WHEREAS, Hurricane Irma has caused extensive damage to public utilities, public buildings, public communications systems, public streets and roads, public drainage systems, commercial and residential building areas, as well as private property and private roads throughout Collier County; and WHEREAS, the removal of debris from or adjacent to public or private roads throughout Collier County is in the public interest in order to lessen or eliminate immediate threats of significant damage to improved property and threats to life, public health and safety; NOW THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, on this ___ day of September, 2017, that due to the damage and effect of Hurricane Irma: 1. The removal of debris from or adjacent to public and private roads throughout Collier County is hereby declared to be in the public interest and necessary to [YY-1442/715753/1] 2 eliminate or lessen immediate threats to life, public health and safety and to eliminate immediate threats of significant damage to improved property; and 2. Debris from areas adjacent to or on public and private roads may be removed by Collier County or its contractors provided the following procedures are followed: a. Debris from areas adjacent to private roads must be placed on or at the private street or private road right of way. Access on to the private properties will not be allowed. b. Communities adjacent to private roads must allow unlimited access for and during debris removal operations. c. There must be unrestricted access during debris removal operations and the private road is to be subject to normal public services such as school bus and postal vehicle routes. d. Debris may also be removed from mobile home parks provided that access to the park is made by normal public services such as school bus and postal vehicle routes. e. Nevertheless, debris resulting from demolition of mobile homes, manufactured homes, residential buildings or commercial buildings that is “pushed out” to the right of way will not be eligible for removal operations of Collier County or its contractors. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this _______ day of September, 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: ________________________________ By: ________________________________ , Deputy Clerk PENNY TAYLOR, CHAIRWOMAN Approved as to form and legality: ________________________________ Jeffrey A. Klatzkow County Attorney 1 RESOLUTION NO. 2017 – ____ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FOLLOWING ITS DECLARATION OF A STATE OF LOCAL EMERGENCY FOR ALL TERRITORY IN COLLIER COUNTY, PROVIDING FOR THE OPENING OF A NEW APPROPRIATION FUND FOR EMERGENCY SERVICES DURING HURRICANE IRMA. WHEREAS, the Board of County Commissioners of Collier County, Florida (the “Board”), in Special Session this date adopted Proclamation/Resolution 2017 - ____, declaring a state of emergency for all territory within the legal boundaries of Collier County, including all incorporated and unincorporated areas; and WHEREAS, the Board, being further informed that Hurricane Irma has the potential for causing extensive damage to public utilities, public buildings, public communication systems, public streets and roads, public drainage systems, commercial and residential building and areas and poses a threat to the health, safety and welfare of the citizens, residents and visitors of/to Collier County. NOW THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, in Special Session this ____ day of September, 2017, that: 1. The Board waives the base fee(s) for convalescent transports by Collier County EMS for evacuation only to approved shelter(s) pursuant to EMS practices and procedures for “Registered Special Needs” persons. 2. The Board waives the fees for CAT services beginning at ______ am/pm on __________, September ___, up and through ______ am/pm on ___________, September ___, 2017, to aid in the evacuation of residents. 3. In the interest of efficient and effective pre-storm event preparation and post-storm event recovery, maximum funding flexibility is crucial to safeguard the public health, safety, and welfare thus requiring the processing of all necessary budget amendments up to $500,000. 2 THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this _______ day of September, 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: ________________________________ By: ________________________________ , Deputy Clerk PENNY TAYLOR, CHAIRWOMAN Approved as to form and legality: ________________________________ Jeffrey A. Klatzkow County Attorney