Resolution 2006-204
PROCLAMA TIONIRESOLUTION NO. 2006-204
PROCLAMA TIONIRESOLUTION 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
INCORPORA TED AND UNINCORPORATED AREAS.
WHEREAS, Tropical StonnlHurricane Ernesto 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 Tropical StormlHurricane Ernesto;
and
WHEREAS, Section 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 RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, in Special Session, this 28th day of August,
2006, that Tropical StormlHurricane Ernesto poses a serious threat to the lives and property of residents
of Collier County, and
1. That a State of Local Emergency be declared, 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; and
4. That the Board hereby declares that a threat to public health and safety may result from the
generation of widespread debris throughout the County, that such debris constitutes a
hazardous environment for all modes of movement and transportation of the residents as
well as emergency aid and relief services, endangerment to all properties in the County, an
environment conductive to breeding disease and vermin, and greatly increased risk of fire,
and that it is in the public interest and safety to collect and remove disaster debris from all
property whether public lands, public or private roads, and gated cOnlmunities to eliminate
an immediate threat to life, public health and safety to reduce the threat of additional
damage to improved property and to promote economic recovery of the community at
large; and
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5. That the Board or its contracted agents shall have the authority to a right of access to
private roads or gated communities as needed by emergency vehicles such as, but not
limited to, fire, police, medical care, performance of damage assessment, emergency
management, specialized search and rescue teams, human services and victim relief,
temporary emergency traffic controls or detours efforts, debris removal vehicles and
equipment, utility equipment and sanitation efforts to alleviate immediate threats to public
health and safety.
This ProclamationlResolution adopted this 28th day of August, 2006.
Commissioner Halas - AYE Commissioner Coletta - AYE (by telephone)
Commissioner Fiala - AYE (by telephone) Commissioner Henning - AYE
ATTEST: Dwight ~. Brock, CLERK
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
BY:
Jl-u-u. ~ t.QL,
DE)~tC . . 11"Uft)
11.~atI-."t Oft 1-
BY: Cc-::"'-d: ~ J
Fran'lZ"ifulas, CHAIRMA --
Approved as to form and legal sufficiency:
~~/~
Michael W. Pettit, Chief Assistant County Attorney
04emgOI149/222
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