Backup Documents 10/25/2005 E
BCC
EMERGENCY
MEETING
(HURRICANE WILMA)
BACKUP
DOCUMENTS
TUESDA Y
OCTOBER 25, 2005
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RESOLUTION NO. 2005-366
RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA ADOPTING AND EMERGENCY CURFEW DUE TO
HURRICANE WILMA
WHEREAS, on October 20, 2005 the Board of County Commissioners of Collier
County, Florida (the "Board") adopted Proclamation/Resolution 2005-363 to Declare a State
of Emergency for all territory within the legal boundaries of Collier County including all
incorporated and unincorporated areas; and
WHEREAS, the Board adopted Resolution 2005-365 authorizing the Chair and the
Vice-Chair to act on behalf of the Board to enact this amended curfew.
WHEREAS, conditions associated with Hurricane Wilma have presented a threat to
the health, safety and welfare of the Citizens of Collier County, and their property, due to the
widespread damage and power outages.
THEREFORE, Commissioner Coyle as Chairman on behalf of the Board adopts a
curfew for all territory within the legal boundaries of Collier County including all
incorporated and unincorporated areas beginning October 24,2005 until further notice.
The hours of the curfew shall be from 10:00 p.m. and 6:00 a.m., and shall include, but
is not limited to the prohibition of or restrictions on pedestrian and vehicular movements,
standing and parking, except for the provision of, and obtaining essential goods and services,
such as fire, police, emergency medical services and hospital services, including the
transportation of patients, utility emergency repairs and emergency calls by physicians.
Persons violating the established curfew will be guilty of a misdemeanor of the second
degree, punishable as provided in Florida Statutes 775.082 or 775.083.
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIL_
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PROCLAMATION/RESOLUTION NO. 2005-367
PROCLAMA TION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY
DECLARING AND EXTENDING A STATE OF EMERGENCY FOR ALL TERRITORY
WITHIN THE LEGAL BOUNDARIES OF COLLIER COUNTY INCLUDING ALL
INCORPORA TED AND UNINCORPORATED AREAS
WHEREAS, on October 20, 2005, the Board of County Commissioners of Collier County,
Florida adopted ProclamationlResolution No. 2005-363 to Declare a State of Emergency for all territory
within the legal boundaries of Collier County including all incorporated and unincorporated areas; and
WHEREAS, Hurricane Wilma has caused extensive damage to public utilities, public buildings,
public communication systems, public streets and roads, public drainage systems, commercial and
residential building and areas; and
WHEREAS, Collier County Emergency Management officials are recommending that this "State
of Local Emergency" be extended due to the effects of Hurricane Wilma and the needs for post-event
recovery; 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 25th day of
October, 2005, that due to the damages and effects of Hurricane Wilma upon the lives and property of
residents of Collier County:
1. That the State of Local Emergency declared on October 20, 2005 is hereby extended to
Tuesday, November 1, 2005, effective immediately for all territory in the incorporated and
unincorporated areas of Collier County; and
2. That the Board 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), Fla. Stat., including
authorization for Purchasing Director to waive existing purchasing card limitations during
the declared emergency; and
3. That the Board 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.
This ProclamationlResolution adopted this 25th day of October, 2005.
Commissioner Coyle-A YE
Commissioner Coletta-AYE
Commissioner Henning-AYE
Commissioner Halas-AYE
Commissioner Fiala-AYE
ATTEST: Dwight E. Brock, CLERK
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BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
BY:ÎuLW. ~
Fred W. Coyle, CHAIR
RESOLUTION NO. 2005 - 368
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA DECLARING A PUBLIC
INTEREST AND NECESSITY IN REMOVING DEBRIS CAUSED BY
HURRICANE WILMA 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
AND 2002-50 (CODIFIED IN SECTIONS 38-56 THROUGH 38-70 IN
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES)
AND IN ACCORDANCE WITH PROCLAMATIONIRESOLUTION
NO. 2005-367 DECLARING AND EXTENDING A STATE OF
EMERGENCY FOR ALL TERRITORY WITHIN THE LEGAL
BOUNDARIES OF COLLIER COUNTY, AS A RESULT OF
EXTENSIVE DAMAGE CAUSED BY HURRICANE WILMA.
WHEREAS, on October 25, 2005, the Board of County Commissioners of
Collier County, Florida adopted ProcIamationlResolution No. 2005-367 to Declare and
Extend 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. 2005-367 was adopted under the
authority of Chapter 252.38(3)(a)(5), Fla. Stat., and Collier County Ordinance Nos. 84-
37,2001-45 and 2002-50 (codified in Sections 38-56 through 38-70 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 Wilma 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
October, 2005, that due to the damage and effect of Hurricane Wilma:
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 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.
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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.
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This Resolution adopted this~ day of October, 2005.
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DATED: I D-a1sr-lY)
ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
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Approved as to form and legal sufficiency:
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Michael W. Pettit
Chief Assistant County Attorney
04-emg-OI149/!03
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