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BCC Minutes 08/25/2005 E (Tropical Storm/Hurricane Katrina) August 25, 2005 EMERGENCY MEETING OF THE BOARD OF COUNTY COMMISSIONERS NAPLES, FL AUGUST 25, 2005 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board( s) of such special districts as have been created according to law and having conducted business herein, met on this date at 1 :00 p.m. in EMERGENCY SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ACTING CHAIRMAN: Tom Henning Jim Coletta (Telephonically) Donna Fiala (Telephonically) Frank Halas (Telephonically) Fred Coy Ie - absent ALSO PRESENT: Jim Mudd, County Manager David Weigel, County Attorney Page 1 COLLIER COUNTY BOARD OF-COUNTY COMMISSIONERS ~ EMERGENCY AGENDA TROPICAL STORMJHURRICANE KATRINA August 25, 2005 1:00 p.m. Fred W. Coyle, Chairman, District 4 Frank Halas, Vice-Chairman, District 2 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISillNG 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. 2004-05, 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 TillS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEA.L IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. Page 1 August 25, 2005 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN TillS 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 IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. Call to Order 2. Updated track information for Tropical Storm/Hurricane Katrina and its effects on the citizens of Collier County, Florida (Presented by Emergency Management Director, Dan Summers) 3. Determination of Necessity of Declaring a State of Emergency 4. Discuss any appropriate action for the Board to take 5. Comments 6. Adjourn '- Page 2 August 25, 2005 August 25, 2005 MR. MUDD: Ladies and gentlemen, if you'd please take your seats. ACTING CHAIRMAN HENNING: Is Kady ready in there? Any commissioners with us? (No response.) ACTING CHAIRMAN HENNING: All right, looks like I'm it. Item # 1 CALL TO ORDER - COMMISSIONER HENNING WAS ACTING CHAIRMAN AS HE WAS THE ONLY COMMISSIONER PRESENT IN THE BCC CHAMBERS; COMMISSIONER HALAS, COMMISSIONER FIALA, AND COMMISSIONER COLETTA WERE PARTICIPATING BY PHONE; COMMISSIONER COYLE - ABSENT Call the emergency meeting to order of the Board of Commissioners of Collier County, Florida, in the great State of Florida, August 25th, 2005. Dan Summers, our emergency manager, is -- give us a presentation on the weather. Item #2 UPDATED TRACK INFORMATION FOR TROPICAL STORM/HURRICANE KATRINA AND ITS EFFECTS ON THE CITIZENS OF COLLIER COUNTY, FLORIDA (PRESENTED BY EMERGENCY MANAGEMENT DIRECTOR, DAN SUMMERS) -PRESENTED; EMERGENCY MANAGEMENT RECOMMENDATIONS INCLUDE: TO DECLARE A STATE OF EMERGENCY, TO CLOSE COLLIER COUNTY SCHOOLS ON FRIDAY, AUGUST 26, 2005, TO SUSPEND GARBAGE PICKUP Page 2 --.-.--.- August 25, 2005 ON FRIDAY, AUGUST 26, 2005, AND TO ESTABLISH A FUNDING SOURCE TO COVER EXPENSES MR. SUMMERS: Commissioner, good afternoon. Dan Summers, director of the bureau of emergency services, and your emergency management director of record. I would like to give you a verbal briefing if I could about where we are with Tropical Storm, soon to be Hurricane Katrina. I have a number of recommendations to go through and also have some visuals I'd like to present to you. Following that briefing, and a couple of other comments, just to report to you on state actions, I'll turn the floor back over to the county attorney for a recommendation for a state of emergency declaration. Just a couple of critical points, if I can. Let's start off with a weather summary. Tropical Storm Katrina soon to be Hurricane Katrina this afternoon is expected to intensify upon landfall in Broward and Dade County to a Category 1. The National Hurricane Center as of 11 :00 has not ruled out the possibility that that storm could go to a borderline Category 2 and may continue some intensification even as it crosses land. The big concern is that Collier County, particularly North Naples and Immokalee, are almost in the center of the cone of uncertainty associated with that path, with that storm's track, and of course Katrina coming back out to the Gulf, reinforcing and reinstating as a hurricane, and unfortunately -- and I stress very unfortunately -- headed to the Panhandle as possibly a Category 2 hurricane. We expect in Collier County to receive tropical storm force winds just about throughout the entire period. That may put us at winds that may peak around 55 miles per hour. This storm continues to gather moisture, has a great deal of convection with that. The Hurricane Center has revised its precipitation estimates that we may see between six to 10 inches of rain, and it's not unlikely that we might Page 3 ._..~-" August 25, 2005 see 12 to 16 inches of rain in certain areas associated with this storm. Again, besides the wind, the fact that the storm will come over Broward, Dade and Collier County, and its forward motion may slow substantially. We could see in some cases two to three inches of rain per hour, depending on the storm's progression. We do expect some storm surge associated with the exiting of Hurricane Katrina in that we may see something -- a storm surge tide around one to four feet. As it stands right now, the storm is planned to exit Collier County around 8:00 p.m., which just happens to be our high tide. Bands of wind and rain will begin affecting Collier County this afternoon, as we've seen just by the rainfall that started in the last couple of minutes or so. Some protective action strategies I'd like to discuss with you right now with the following recommendations: First of all, to tell you that we do recommend a state of emergency declaration with no prohibitions and no curfews at this time. I have been in touch with Ray Baker, our superintendent of schools. We have coordinated with him in confirmation of closing Collier County schools for tomorrow. However, the district will subsequently release that information after our briefing today. And we also are recommending, and the superintendent has advised us, that any church services held on the Collier County schools property, and there are a number of those services that will be held on Sunday morning on school property, that those services also be canceled in the event of -- they would also be canceled, again, anticipating some intermittent power outages, as well as staff logistics. Another recommendation I have for you, and I'll come back to the weather discussion on the view graph here in just a minute. Garbage collection on Friday; emergency management would recommend that that be suspended on Friday. We don't want the residential cans out that may be subj ect to these wind speeds and may Page 4 ,._,-- August 25, 2005 also be spilled or become debris. There's a distinct possibility in this storm event of some microburst activity, heavy thunderstorm activity and certainly tornado activity . We have no evacuations that we're ordering with this event at this time. Residents in low-lying areas should carefully monitor storm conditions and be prepared to seek safe refuge, if Tropical Storm Katrina generates tornadic activity. So listening to local radio and television, N.O.A.A. Weather Radio, is essential, because again we're going to have a very fluid weather pattern between now and Sunday. Immokalee Friendship House -- MS. FILSON: Are you there? I'm sorry, three of them are connected, but they aren't coming through. ACTING CHAIRMAN HENNING: Can they hear? MS. FILSON: I don't think so. Can they hear us? ACTING CHAIRMAN HENNING: Is there an IT person in the room? COMMISSIONER FIALA: There we are. COMMISSIONER COLETTA: Yeah, here we are. ACTING CHAIRMAN HENNING: We have Commissioner Fiala and Commissioner Coletta on the line? COMMISSIONER HALAS: And Commissioner Halas. ACTING CHAIRMAN HENNING: Commissioner Halas. COMMISSIONER FIALA: Yes. ACTING CHAIRMAN HENNING: Okay, let's -- Mr. Summers, I hate for you to be repetitive -- MR. SUMMERS: That's fine, I'll be glad to do it. ACTING CHAIRMAN HENNING: -- but I think it's important that we get in this case. MR. SUMMERS: Okay. ACTING CHAIRMAN HENNING: Can we start all over, please? Page 5 ..-.- August 25, 2005 MR. SUMMERS: I'll be glad to. Commissioners that have joined us on the telephone, good afternoon. Dan Summers, director of emergency services and your emergency management director of record. Just to recap for you that have joined us telephonically, I wanted to let you know that Collier County is certainly concerned about what is soon to be Hurricane Katrina. The National Hurricane Center has expressed concern that this storm may continue to intensify as it approaches Dade and Broward County at a Category I level. Approaching Category 2 is not unlikely, as we see very warm waters off of Dade and Broward County and even some additional regeneration of that storm as it comes across land. The big concern for Collier County is twofold: First of all, there's rainfall accumulation. We've seen estimates that may put six to 10 inches in certain areas; maybe even up to 15 inches might be isolated rainfall in certain locations, 15 to 16 inches. Again, all of these rough estimates from the Hurricane Center. We expect winds to peak in Collier County around 55 miles per hour. The center of this storm is expected to track along a line between Immokalee and North Naples; however, all of Collier County is in the cone of uncertainty with this hurricane track as it comes across Southwest Florida. We do anticipate some storm tidal surge or storm surge tide, maybe up to four feet as the tropical storm exits Collier County, happens to coincide with high tide. So there might be up to four feet tidal surge, particularly -- well, anywhere -- excuse me, anywhere along the Collier County coastline. Some protective action recommendations that we have for you at this time: They are that we do recommend a state of emergency declaration, as I mentioned, with no curfews or prohibitions at this particular time. We have been in concert with Ray Baker and his staff at the Collier County district schools. They concur with us to close Page 6 August 25, 2005 school for Friday. They are also reminding us to help them advertise the word that any church services held on -- any church services held on school campus will also be canceled on Sunday, due to staff logistics and maybe any intermittent power interruptions that we might have. Garbage collection services: Emergency Management would recommend no garbage collection services on Friday. That is due to the fact of the possibility for wind-blown debris. This also puts a situation to close the landfill on Friday and close any recycling operations as well on Friday. As I -- also, I would like to mention that we're not recommending any mandatory or voluntary evacuation orders at this time. Residents in low-lying areas should carefully monitor stormwater conditions and be prepared to seek safe refuge, in the event that this storm generates some tornadic activity. We just have come across a cell right now as we speak with heavy thunderstorms and heavy rain. So this is going to be our type of activity through Sunday. Residents are encouraged to take appropriate measures to protect their home from flooding. Special care should be given for parents not to allow their children to play in flooded streets or drainages. Immokalee Friendship House, in cooperation with Emergency Management, has agreed to be the first storm refuge in Immokalee. They do have some capacity up there to approximately 80 or possibly 100 folks for shelter. Collier County district schools, Collier County Emergency Management and the American Red Cross will be in a position to announce the opening of Immokalee High School, if and when that becomes necessary for additional shelter capacity in the Immokalee area. We do not see the need at this time for a persons with special needs shelter. Persons with special needs should activate their individual preparedness plan and plan on sheltering in place. The Page 7 August 25, 2005 Public Health Department, Collier County Emergency Management will assist persons with special needs on a case-by-case basis. And again, the portal or the linkage for getting in touch with folks who can assist you is our Collier Information Center at 774-8444. Residents are encouraged to shelter in place throughout this storm event and minimize their driving to essential trips only. Remember, weather conditions may deteriorate quickly and signalized intersections without power should be treated as a four-way stop intersection. Don Scott is here. Don, if you'd like to come up now, or at the conclusion, if you have any other transportation discussion items? And then have I a few points to resume. Don? ACTING CHAIRMAN HENNING: Thank you. MR. SCOTT: Thanks. Big Cypress Basin, the weirs are open. All of our Collier County weirs are also open to establish as much capacity as possible. Maintenance crews are out today clearing debris from drainage facilities in anticipation of more water. Mentioning the signals, we have generators ready for what signals go out. And we're securing all the construction sites throughout the county in anticipation of the storm. Thank you. ACTING CHAIRMAN HENNING: Mr. Summers? MR. SUMMERS: Also, as another precautionary statement, during heavy rains, private septic systems, residential septic systems, private wells, individuals should use a great deal of caution with these systems to avoid utilizing wells if they have surface water infiltration. Monitor their septic tank appropriately. And if there's any doubt about your private well, your drinking well, again, be sure and use bottled water if you have any doubt. Listen again to local radio and television in the event that we have any boil water orders that take place. Page 8 August 25, 2005 We do not anticipate the need for the court system to change their schedule as it stands right now for Friday. Typically Friday is a fairly light day within the court systems, so hopefully they'll be able to work through that appropriately. If I could, now I have a couple of visuals I'd like to review with you. What I have on the screen right now currently is the infrared satellite loop that is showing in literally real time. Where we are with Tropical Storm Katrina that as you see is fairly well defined in terms of its pinwheel and as it's making its approach to Broward County. Its path here is relatively consistent, again, coming right across Collier County, and is anticipated to go out into the Gulf, gain momentum and head towards the Panhandle. This is our evacuation -- or what would have been our evacuation scenario timing model. But this really depicts what we expect to happen with the storm. The blue line there -- the blue circle indicates the 34 mile per hour or the storm force winds. The yellow is the 50 mile per hour winds. And as you will see as I advance this forward, we get just barely to hurricane strength upon arrival here at Broward County. MR. MUDD: Before you keep going, could you stop for a section? I want to make a correction. The blue line is 34 knots, and it's a 40 miles per hour. The yellow line indication is 50 knots, which is about 58 miles per hour. MR. SUMMERS: Right, thank you, sir. Appreciate that. And again, I'll just advance the storm here with the timing model. We start to see this enter Collier County. Again, the 40 mile per hour winds, if you will, will reach Collier County around 9:00 p.m. tonight. I'll advance forward and we'll put the 50 mile per hour winds around 4:00 or 5:00 a.m. on Friday morning, early, based on the current models. Please understand that, you know, the models are not very -- the Page 9 August 25, 2005 models have a lot of room for change as the hurricane gets over land. But the Hurricane Center has got good model data on this. So this is the best assumption that we have and we're going to run with that. As we move forward just a little bit, what we want to watch is that outer blue line. That really does not clear Collier County. Here I have it at 6:00 p.m. Friday, just with the center of the core of the storm just coming off Collier County at 6:00 p.m. on Friday. And as you can see, we're going to have -- the bulk of the rain is on the back side of this storm. So again, just a very, very soupy condition for us all the way through, even the bulk of Saturday, until this storm really clears, and then you see the storm gaining momentum again Saturday morning. Sorry, readjust the frame here. You see the storm -- you see the storm again gaining momentum early Saturday morning. Just a tremendous amount of moisture will still be behind this storm. So that's pretty much a quick rundown of what we're looking at and the prognosis that we have for the forecast. ACTING CHAIRMAN HENNING: Okay. MR. SUMMERS: I'll be glad to stop right now and see if there are any questions or comments from the county manager or from the board. ACTING CHAIRMAN HENNING: Any questions from the commissioners? COMMISSIONER FIALA: I have a couple. ACTING CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. Will the government center be closed on Friday? MR. MUDD: No, ma'am. We're going to continue to do normal operations. And I'll put a liberal leave policy in effect in case there are parents that need to be home with their children. So that -- what a liberal leave policy means is that the supervisors won't ask why they're going on leave, they just let them go. Page 10 August 25, 2005 COMMISSIONER FIALA: I see. Second question: Are there sandbags available for the areas that, you know, especially that will be flooding? MR. SUMMERS: Ma'am, we do not -- Commissioner, we do not have a sandbag program in Collier County. We have found that to be less than effective for a lot of reasons. But we recommend in a very good way to work on any flood proofing is to go to the hardware store, the home improvement store and acquire bags of potting soil. Those plastic bags are a good weight, an adequate ballast to secure your plastic paper, polyethylene paper, for any small flood barrier that you would like to use. And then of course there's the advantage of recycling that potting soil well is. So we do not offer sandbags, a sandbag program, but that is an excellent alternative that a lot of homeowners have had success with in the past. COMMISSIONER FIALA: Thank you. My last question is, is the east coast preparing to evacuate to Collier County? MR. SUMMERS: The east coast counties, both Broward and Dade, were doing what they call their Zone 1 or Zone A evacuation. Primarily their coastal -- primary coastal community. All of their evacuation orders were within county, so they are evacuating in county. That has not stopped anyone who just wanted to come to the east coast (sic) out of convenience; however, Collier County is not a good track right not for a lot of folks evacuating from the east coast. We do anticipate, however, some campers and mobile homes -- motor homes, motor coaches that may come to our area for the weekend, just because they were coastal residents. I think we've typically worked with those individuals for temporary parking, but we have no formal request and no host shelter requirements from the state or from Dade or Broward County. COMMISSIONER FIALA: Thank you. Page 11 August 25, 2005 COMMISSIONER COLETTA: Mr. Summers? MR. SUMMERS: Yes, sir. ACTING CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Commissioner Coletta. Mr. Summers, I've been reviewing the capacity for -- that's left in the canals and the ground capacity, and I don't think you've got a tremendous problem, from what I can see as far as flooding goes, unless something happens that we can't predict at this time. My biggest concern is Immokalee, with the substandard dwellings that are there. And even a wind of 50 to 60 miles an hour could prove to be disastrous for people living in the substandard mobile homes. You may want to reevaluate that very closely and possibly consider opening the high school and error on the side of caution. I'm quite concerned about the residents in Immokalee. That's my biggest concern at this time. MR. SUMMERS: Commissioner, thank you. And I think when we started the briefing the second time, I overlooked that. Let me restate that. I do have that as part of our action plan. And let me restate that for the record. Immokalee Friendship House, in cooperation with Collier County Emergency Management, has agreed to provide storm refuge until their capacity is met. And they have right now space for 80, possibly 100. Collier County and American Red Cross will announce the opening of Immokalee High School when conditions warrant. I do have -- the superintendent of schools has offered his plant staff to help us with Immokalee High School and having that in a standby so that we can activate that very quickly. We have our disaster trailers enroute up there now to stage. So sir, I may have overlooked that earlier, but we do have -- we are ready to act quickly on Immokalee High School for shelter. COMMISSIONER COLETTA: You did state it just that way earlier. My concern was is that 80 to 90 people that can go into Page 12 August 25, 2005 Friendship House is only a small number compared to what is in Immokalee. And I'm concerned about any kind of delay to the last minute to try to reach out to the public that doesn't really have an effective means of communication within the community. So I'm sure you're going to take that all into consideration when you make your decision. MR. SUMMERS: Yes, sir, we will. We'll monitor all of that very, very closely. And we are in a good position to address those needs, either with advanced notice or be able to respond very quickly. COMMISSIONER COLETTA: Thank you, Mr. Summers. COMMISSIONER HALAS: Dan Summers, Commissioner Halas here. MR. SUMMERS: Commissioner? COMMISSIONER HALAS: I was looking at some of the storm surge forecasts. Are we looking at a four-foot storm surge? MR. SUMMERS: The Hurricane Center this afternoon -- we had considerable discussion on that. The -- first of all, the storm surge models that we're used to seeing with the Gulf are being formulated at this time. The Hurricane Center forecasters are posing this as what they call a tidal peak rather than a hurricane storm surge. And I would tell you that we might frame that in a fashion of an extremely high lunar tide. So we are seeing one to four feet, and because the storm would be exiting right around high tide, we would see that storm surge inundation. But they're really referring to that as tidal versus storm surge in the pure form of the word if we had a Gulf active hurricane. So yes, we're going to see that, but we're (sic) also would see that tidal surge fall very quickly, once the tide begins to recede. COMMISSIONER HALAS: Okay, in your best estimation, what would you say would be the peak time that the winds will be coming to the North Naples area? MR. SUMMERS: Yes, sir, I do have that information. We do Page 13 __,,__-__..,,__.~ 0" .., .~,'~_.,__ August 25, 2005 see with -- around 9:00 a.m. Friday, 9:00 a.m. Friday. And again, we are on -- our estimates in that model are 48 to 60 miles per hour between 9:00 a.m. Friday and 7:00 a.m. Saturday. COMMISSIONER HALAS: Okay. Are you -- what is the projected rainfall for most of Collier County? Is it around seven inches or more? MR. SUMMERS: Yes, sir, it is. I think you've got my script in front of you. Exactly seven and three quarters inches is what our models are estimating right now for North Naples. But again, that's all based on that storm having a relatively consistent forward movement. And if we have -- the reason we're giving you the high numbers related to rainfall is if the storm comes over Collier County, comes over South Florida and basically loses its momentum, and of course the longer it stays here, the more rain it's going to drop. MR. MUDD: What are those high numbers, Mr. Summers? MR. SUMMERS: Sixteen inches of rain. MR. MUDD: Is the high number? MR. SUMMERS: Is the high number. ACTING CHAIRMAN HENNING: Any further questions? COMMISSIONER HALAS: Thank you very much. ACTING CHAIRMAN HENNING: County Manager? MR. MUDD: Commissioner, I'd like to turn this over to Mr. Weigel, the county attorney, to talk about the proclamation, and then we'll talk about some administrative things after that, so -- MR. WEIGEL: Thank you, Jim. And thank you, Commissioner Henning. David Weigel, County Attorney. And hello Commissioners, telephonically. COMMISSIONER FIALA: Hello. COMMISSIONER HALAS: Hi. Item #3 Page 14 ".-...~-_... August 25, 2005 RESOLUTION 2005-284 -DETERMINATION OF NECESSITY OF DECLARING A STATE OF EMERGENCY -ADOPTED MR. WEIGEL: I have before me the draft proclamation resolution, typical to these kinds of events. And as has been the custom in the past, these have been read into the record. And with the permission of Commissioner Henning, I will do so, and you will then obviously have an opportunity to discuss and comment on this. Just in terms of the official protocol by virtue of the fact that Commissioner Henning is here and is the only Commissioner physically present, it actually is a committee of one as far as a vote to be had, although you will be noted as participating and the resolution (sic) will so indicate your participation telephonically. With that, I'll start with the resolution. ACTING CHAIRMAN HENNING: Please. MR. WEIGEL: It's titled Proclamation of the Board of County Commissioners of Collier County, Florida, To Declare a State of Emergency For All Territory Within the Legal Boundaries of Collier County, Including All Incorporated and Unincorporated Areas. And it reads as follows: WHEREAS, Tropical Storm/Hurricane Katrina has the potential for causing extensive damage to public utilities, public buildings, public communications 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 Tropical Storm/Hurricane Katrina; and WHEREAS, Section 252.38(3)(a)5, Florida Statutes, and Collier County Ordinance No. 84-37, 2001-45 and 2002-50, also codified as Sections 38-56 through 38-70 in the Collier County Code of Laws and Ordinances, provide for a political subdivision such as Collier County Page 15 August 25, 2005 to declare a state of local emergency and to waive the procedures and formalities otherwise required of political subdivisions by law pertaining to -- and I list the following eight items: 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. The acquisition and distribution, with or without compensation, of supplies, materials and facilities; 8. Appropriation and expenditure of public funds. NOW THEREFORE, it is revolved by the Board of County Commissioners of Collier County, Florida, in special session this 25th day of August, 2005, that Tropical Storm/Hurricane Katrina poses a serious threat to the lives and property of residents of Collier County, 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 Section 252.38(3)(a)(5), Florida Statutes, 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 Page 16 August 25, 2005 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. This proclamation/resolution, adopted after motion, second -- it says here motion, second and majority vote -- favoring same this 25th day of August, 2005. And as I noted, the majority vote in this case pursuant to Chapter 252 of Florida Statutes and Collier County Ordinance No. 84-37, amended puts Commissioner Henning as the acting chairman and actually the only ultimate vote of record in consideration and adoption of this resolution proclamation. I further add that unless the board specifies anything to the contrary, it has been the standard in the past and will continue to be that the state of emergency would last for seven days, but no longer than seven days without further calling for additional emergency time. ACTING CHAIRMAN HENNING: Any questions by the board members? COMMISSIONER FIALA: Just one. When you say majority vote, could you say majority vote of those present? Because there's one present. MR. WEIGEL: Well, this ordinance -- pardon me, this resolution/proclamation will be modified to indicate that this is a vote of the board, but the board at this point constitutes Commissioner Henning as acting chairman, as well as the sole voting member. The rest of the commissioners will show up as either telephonic participants or not. COMMISSIONER FIALA: I see. ACTING CHAIRMAN HENNING: Mr. Summers, do you have any input? Page 1 7 August 25, 2005 MR. SUMMERS: No, sir, nothing additional. A few other administrative items after your resolution. ACTING CHAIRMAN HENNING: Do you think it's appropriate to act a -- have a state of emergency for seven days? MR. SUMMERS: Sir, I do. That allows us to work many, many issues if they come up in an emergency situations. With all this rain, we're going to continue to accumulate water. Our surrounding counties have also declared a state of emergency, and so has the Governor. ACTING CHAIRMAN HENNING: Okay. All right. Then as chair of the -- the acting chair of the Board of Commissioners, I am going to move to adopt this proclamation resolution. COMMISSIONER FIALA: I'll second that. ACTING CHAIRMAN HENNING: I'm voting on it. Whether you like it or not. MR. MUDD: For the record, though, could we please get the votes of the commissioners that are on the phone, as far as this resolution is concerned? ACTING CHAIRMAN HENNING: Call for a vote. Commissioner Fiala? COMMISSIONER FIALA: Present, and yes. ACTING CHAIRMAN HENNING: Affirmative. Commissioner Halas? COMMISSIONER HALAS: Affirmative. ACTING CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Affirmative. ACTING CHAIRMAN HENNING: And we also have another resolution? MR. WEIGEL: That is correct. Item #4 Page 18 August 25, 2005 RESOLUTION 2005-285 ALLOWING A BUDGET AMENDMENT FOR FUNDING OF EXPENSES BY OPENING AN APPROPRIATION FUND, FROM RESERVES, IN A STARTING AMOUNT OF $50~000 -ADOPTED A second resolution, not as long as the first one, thank goodness, is a resolution pertaining to funding. It's titled as this: Resolution of the Board of County Commissioners Following Its Declaration of a State of Local Emergency For All Territory in Collier County Further Providing For Opening New Appropriation Fund For Emergency Services During Tropical Storm/Hurricane Katrina. The whereas clauses I will just synopsize here in a sense that it indicates that WHEREAS, the board has adopted its resolution/declaration and special session, which you have just done, and having met in chambers today concerning the conditions and being informed of conditions and the dangers that exist there, you then go on to adopt this additional resolution, which reads here in the operative language: NOW THEREFORE, it is resolved by the Board of County Commissioners of Collier County, Florida, in special session this 25th day of August, 2005 that: 1. The board authorizes the opening of a new appropriation fund from reserves with $50,000 starting base for emergency services during Tropical Storm/Hurricane Katrina. And that's really the ultimate -- that is the operative part. This resolution reads as adopted after motion, second and majority vote. Again with the same precepts as the prior one that Commissioner Henning is actually the only voting member present and he is in charge of the show. COMMISSIONER FIALA: Well, now, when he makes a motion, doesn't somebody need to second that, even though we're not present there? Page 19 August 25, 2005 MR. WEIGEL: Well, that's a good question. But under our emergency procedures ordinance, when there is a failure for there to be two or more board members present, he can act alone. And essentially by making the motion he has, as well as approved his desire pertinent to the issue before him -- COMMISSIONER FIALA: Oh, okay. ACTING CHAIRMAN HENNING: Mr. Summers, do you have anything to add to this resolution? MR. SUMMERS: No, sir, I do not. There is an accompanying budget amendment paperwork that's necessary that will accompany this resolution, and that has been prepared and reviewed by our OMB. ACTING CHAIRMAN HENNING: Okay. As acting chair of the Board of Commissioners of Collier County, Florida, I move this resolution. COMMISSIONER COLETTA: I'll second it. ACTING CHAIRMAN HENNING: Mr. Summers, do you have anything further? MR. SUMMERS: Sir, I do not have any further. There are a couple of agencies in the office -- in the audience, excuse me. I don't know if they have any other announcements or any other real-time information that they need to distribute. I'm looking in the audience here. I see nothing additional at this time. I thank you and I'll turn it back over to the County Manager for any closing remarks. ACTING CHAIRMAN HENNING: Mr. Summers, is there any reason for the commissioners, the board, to reconvene at a later date? MR. SUMMERS: Mr. Mudd has that. ACTING CHAIRMAN HENNING: County Manager's going to handle that? Thank you. MR. MUDD: Yes, sir. Commissioner, I would recommend that on Saturday at 1 :00 that we put a marker down to reconvene. We Page 20 August 25, 2005 have heavy rains, we could get some isolated tornados and those particular things, and we could lose power. And if we do and it's extended, we might have to talk about curfew. So I would suggest that Saturday at 1: 00 would be a good time to reconvene this meeting and at that time we'll give you an update and give you -- there might not be any decision to make. We might not have lost power or we've got it back on again and everything's okay, but I'd like to have that date open for Saturday at 1: 00. COMMISSIONER FIALA: Very good. ACTING CHAIRMAN HENNING: And I think Commissioner Halas should be back by then. He's at a Florida Association of Counties work group in the Tampa region. And am I correct, Commissioner Halas, you'll be back on Saturday? COMMISSIONER HALAS: Yes, Commissioner Henning, we should be back by Saturday. ACTING CHAIRMAN HENNING: I know you're doing important work up there, so we appreciate that. MR. MUDD: So I just want to make -- the other piece I'd like to be able to talk about is to make sure that everybody knows that again, to go over that schools are not in session tomorrow. Are not in session tomorrow. So schools are closed tomorrow. The government is open tomorrow. There is no trash pickup, recycling pickup tomorrow. The solid waste department will make a decision tomorrow afternoon if that is going to extend into Saturday. I will tell everybody, based on what we've seen so far from the models, our heavy winds start tomorrow around 7:30 in the morning, and last through Saturday, you know, as that big circle exited Collier County till about 7:00 on Saturday morning. I would ask the folks, if we do have garbage collection on Saturday, and right now we're planning to do that, please do not put Page 21 August 25, 2005 your bins out at 6:00 Friday night, okay, because we still have high winds at that time. It will be Saturday morning, put your trash out in that particular case. That's all I have, sir. Dan, do you have anything else? MR. SUMMERS: Sir, just as a reminder, to let you know that the Emergency Operation Center for Collier County will go live at around 7:00 tonight and be on a 24-hour basis throughout the event, as well as our Collier Information hotline. And again, that number is 774-8444. The Emergency Management staff will in fact go to a split shift scenario later on this evening to make sure that we've got the appropriate staff for after hours activity or during the peak part of the storm event. That's all. ACTING CHAIRMAN HENNING: Mr. Weigel? MR. WEIGEL: Yes, one final thing and that is if the chairman would like for the board members telephonically to indicate their affirmation of the budget resolution that was just passed? ACTING CHAIRMAN HENNING: Commissioners, do you agree that we allocate a reserve of $50,000, starting the base for this emergency event? Commissioner Fiala? COMMISSIONER FIALA: I do. ACTING CHAIRMAN HENNING: Commissioner Halas? COMMISSIONER HALAS: Yes. ACTING CHAIRMAN HENNING: Commissioner Coletta? COMMISSIONER COLETTA: Yes. ACTING CHAIRMAN HENNING: Okay. MR. WEIGEL: Thank you. COMMISSIONER FIALA: I have one last question, if I may. ACTING CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, will the airport in Fort Myers Page 22 August 25, 2005 be open tomorrow? MR. SUMMERS: Commissioner, we will check the status of that. I do know that we are in concert again this afternoon with Lee County, and their activities, I'm sure that they will announce those delays or closures later today as they become necessary. So we'll do our best to follow up on that. But we do not have a confirmation yet of a closing time. We do know that there are delays and ground delays from Florida to Atlanta. COMMISSIONER FIALA: Okay, thank you. ACTING CHAIRMAN HENNING: Even if they stay open, it's up to the individual airlines whether they cancel a certain flight. MR. SUMMERS: That is correct. Even though the port authority at Lee will make some general announcements, our standing recommendation again is to check your ticket status on-line or to call your airline and check on your specific flight. COMMISSIONER FIALA: Well, I was just thinking, maybe I should fly back in, just to be there. And I was just checking to see if the airport would be open. Okay. ACTING CHAIRMAN HENNING: Thank you. Any further questions? COMMISSIONER COLETTA: Not a question. Just a comment, if I may. I -- for some reason our video stream -- the ability to be able to watch meetings like this is down at this particular time, and it's of concern that it would fail us at a time of an emergency. And I hope that county manager's office will look into that. ACTING CHAIRMAN HENNING: Okay. Anything else, Commissioners? (No response.) ACTING CHAIRMAN HENNING: Are we okay? COMMISSIONER HALAS: We're okay. ACTING CHAIRMAN HENNING: I'm going to recess this emergency meeting until August 27th, Saturday, at 1 :00 p.m. Page 23 August 25, 2005 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1 :40 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL. I /1 I Chairman TOM . .- ,::. 1'."(1 '~'¡t1 ATTEST: ':~" DWLGH·TE. g~9'G¥, CLERK ~~.:ø~~~ .~~ ItgNbn 0111,- These minutes approved by the Board on ~. d.1 afYJ S- , as presented ~. or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM. Page 24 'l