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Backup Documents 08/28/2006 E BACKUP BOARD OF COUNTY COMMISSIONERS EMERGENCY MEETING 8/28/2006 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ EMERGENCY AGENDA TROPICAL STORM/HURRICANE ERNESTO August 28, 2006 2:00 p.m. Frank Halas, Chairman, District 2 Jim Coletta, Vice-Chairman, District 5 (telephonically) Tom Henning, Commissioner, District 3 Donna Fiala, Commissioner, District 1 (telephonically) Fred W. Coyle, District 4 (absent) 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 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 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. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. Page 1 August 28, 2006 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. Call to Order Commissioner Halas and Commissioner Henning - present in the BCC Chambers; Commissioner Fiala and Commissioner Coletta were participating by phone; Commissioner Coyle - absent Motion taken to allow Commissioner Fiala and Commissioner Coletta to have voting privileges by phone due to Extraordinary Circumstances - Approved 2. Updated track information for Tropical Storm/Hurricane Ernesto and its effects on the citizens of Collier County, Florida (Presented by Emergency Management Director, Dan Summers) Presented; Hotline: 774-8444 Emergency Management Recommendations include: A. To declare a State of Emergency B. Establish a funding source to cover expenses 3. Update from the Sheriff s Office -Presented by Sheriff Don Hunter; Hotline 774-4434 4. Discuss any appropriate action for the Board to take Resolution 2006-203 Adopted - 4/0 (Commissioner Coyle absent): Allowing a Budget Amendment for funding of expenses by opening an appropriation fund, from Reserves, in a starting amount of $50,000 5. Determination of Necessity of Dec1aring a State of Emergency Resolution 2006-204 Adopted - 4/0 (Commissioner Coyle absent): Declaring a State of Emergency due to Tropical Storm/Hurricane Ernesto 6. Adjourn Page 2 August 28, 2006 RESOLUTION NO. 2006-203 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR OPENING NEW APPROPRIA TION FUND FOR EMERGENCY SERVICES DURING TROPICAL STORMlHURRICANE ERNESTO. WHEREAS, on August 28, 2006 the Board of County Commissioners of Collier County, Florida (the "Board") in Special Session adopted ProclamationlResolution 2006-204 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, having duly met in chambers on Monday, August 28, 2006 and being further informed that Tropical StormlHurricane Ernesto has the potential for causing extensive damage to public utilities, public buildings, public communication systems, public and private streets and roads, public drainage systems, commercial and residential building and areas and posed an imminent threat to the health, safety and welfare of the citizens, residents and visitors of/to Collier County. NOW THEREFORE, IT IS RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, in Special Session, this 28th day of August, 2006, that: 1. The Board authorizes the opemng of a new appropriation Fund 003 from the Emergency Disaster reserves with $50,000.00 starting base for emergency services during Tropical StormlHurricane Ernesto. This Resolution adopted this 28th day of August, 2006. Commissioner Halas - AYE Commissioner Coletta - AYE (by telephone) Commissioner Fiala - AYE (by telephone) Commissioner Henning - AYE DATED: ~ a..8. ()r:J:j1p ATTEST: Dwigh . Brock, CLERK ".t:'~l.': BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By:~~L~.c.. 's10no.tilr.. on] v , ( .~;~ > BY: ~~~ Fran alas, CH ~ -' Approved as to form and legal sufficiency: c.#tt/ ~ Michael W. Pettit, Chief Assistant County Attorney 04emgO 11491223 PROCLAMA TION/RESOLUTION NO. 2006-204 PROCLAMA TION/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 INCORPORA TED AND UNINCORPORATED AREAS. WHEREAS, Tropical StormlHurricane 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 StorrnlHurricane 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 communities 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 1 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 Proclamation/Resolution adopted this 28th day of August, 2006. Commissioner Halas - AYE Commissioner Coletta - AYE (by telephone) Commissioner Fiala - AYE (by telephone) Commissioner Henning - AYE ': (., ,,~," BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: Dwight r:. Brock, CLERK 1. \ . I BY: ''oz ~~Lac DEi~*,C ......' 4.1run $ ti.~ onl" fI' ,~', BY: .. ~,,;-~ ~ FranK1lalas, CHAIRMA --- Approved as to form and legal sufficiency: v#t~/~ Michael W. Pettit, Chief Assistant County Attorney 04emg01149/222 2