Agenda 09/10/2004 E
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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EMERGENCY
AGENDA
September 10, 2004
3 :30 p.m.
Donna Fiala, Chairman, District 1
Fred W. Coyle, Vice-Chair, District 4
Frank Halas, Commissioner, District 2
Tom Henning, Commissioner, District 3
Jim Coletta, Commissioner, District 5
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 PRESENT A TION OF THE
AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED, 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.
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September 1 0, 2004
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ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
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, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
1. Pledge of Allegiance
2. Update on Hurricane Ivan and its affect on Collier County - Dan Summers, Collier
County Emergency Management Director
3. Adoption of Proclamation/Resolution 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
4. A Motion was made to move the BCC Meeting ffom the September 14, 2004 to the
following Tuesday, September 21, 2004
5. A Motion was made to Expedite FEMA Funds over the first 72 hours after
Hurricane Ivan has passed Collier County
6. Update on Collier County procedures, including the closing of Government
Facilities
7. County Attorney David Weigel's discussion on the procedures relating to a
Resolution to the City of Naples to engage in a Conflict Dispute Resolution with
Collier County
8. Adjourn
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September 10, 2004
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PROCLAMA TION/RESOLUTION NO. 2004-
PROCLAMA TION 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
UNINCORPORA TED AREAS
WHEREAS, Hurricane Ivan 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 Emergency Management officials are recommending that a "State of
Local Emergency" be declared due to the current and predicted path of Hurricane Ivan; and
WHEREAS, Chapter 252.38 (3) (a) 5, Fla. Stat., and Collier County Ordinance Nos. 84-37,
2001-45 and 2002-50 (codified at Sections 38-56 through 38-70 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 RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, in Special Session, this 10th day of
September, 2004, that Hurricane Ivan 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.
BE IT FURTHER RESOLVED, that the Board of County Commissioners hereby exercises its
authority pursuant to Collier County Ordinance Nos. 84-37, 2001-45 and 2002-50 and waives the
procedures and formalities required by law of a political subdivision, as provided in Chapter 252.38 (3)
(a) 5, Fla. Stat. including authorization for Purchasing 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 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. The waiver and reimposition of the state gas tax(es) shall not
factor as to gasoline/petroleum products sales prices.
This ProclamationlResolution adopted after motion, second and majority vote favoring same.
Commissioner Henning
Commissioner Halas
Commissioner Fiala
Commissioner Coletta
Commissioner Coyle
DATED:
ATTEST: Dwight E. Brock, CLERK
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
BY:
BY:
DEPUTY CLERK
Donna Fiala, CHAIRMAN
Approved as to form and legal sufficiency:
David C. Weigel, COUNTY ATTORNEY
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