Backup Documents 10/07/2024 Item #2B 2B
PROCLAMATION/RESOLUTION NO. 2024 - 1 9 0
PROCLAMATION 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.
WHEREAS, Hurricane Milton 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 Bureau of Emergency Services officials are recommending
that a"State of Local Emergency" be declared due to the threat of Hurricane Milton; and
WHEREAS, Section 252.38(3)(a)(5), Fla. Stat., and Collier County Ordinance Nos. 84-
37, 2001-45, 2002-50, 2007-49, 2011-34, 2017-38, and 2018-37 (codified at Sections 38-56
through 38-72 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 7th day of
October, 2024, that Hurricane Milton 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.
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BE IT FURTHER RESOLVED, that the Board of County Commissioners hereby
exercises its authority pursuant to Collier County Ordinance Nos. 84-37, 2001-45, 2002-50,
2007-49, 2011-34, 2017-38, and 2018-37 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 Procurement 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 re-imposition of the state gas tax(es) shall not factor as to gasoline/petroleum
products sales prices.
BE IT FURTHER RESOLVED, that pursuant to Collier County Ordinance No. 2002-
50, Section One, this proclamation declaring a state of emergency shall activate the disaster
emergency plans applicable to the County and shall be the authority for the use or distribution of
any supplies, equipment, materials or facilities assembled or arranged to be made available
pursuant to such plans.
THIS PROCLAMATION/RESOLUTION ADOPTED after motion, second, and
majority vote favoring same this 7th day of October, 2024.
ATTEST ai'�` `'•••..4� . BOARD OF COUNTY COMMISSIONERS
CRYSTAL. K.,'K .;.• eLERK COLLIER COUNTY, FLORIDA
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By By.
A es as to an's,peputy Clerk C • all, Chairman
signatur Q ,^y
Approv; to 'sr and 1-_ality:
lost
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Utah I
Jeffrey A latz 1 7 ounty Attorney
I
[YY-1442/1896846/1]
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RESOLUTION NO. 2024 - 19 o A
PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY EXTENDING THE STATE OF LOCAL
EMERGENCY FOR ALL TERRITORY WITHIN THE LEGAL
BOUNDARIES OF COLLIER COUNTY INCLUDING ALL
INCORPORATED AND UNINCORPORATED AREAS.
WHEREAS,on October 7, 2024 in Special Session, the Collier County Board of County
Commissioners issued Proclamation/Resolution No. 2024-190, which declared a State of Local
Emergency due to the threat of Hurricane Milton; and
WHEREAS, Hurricane Milton caused extensive damage in Collier County to public
utilities, public buildings, public communication systems, public streets and roads, public
drainage systems, commercial and residential buildings and areas.
NOW THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Proclamation/Resolution No.
2024-190, Declaration of a State of Local Emergency, is hereby extended an additional 7 days to
October 21, 2024, effective as of October 14, 2024, for all territory in the incorporated and
unincorporated areas of Collier County.
THIS RESOLUTION ADOPTED this 14 day of October, 2024.
ATTEST: • ,`':%.• BOARD OF COUNTY COMMISSIONERS
CRYST L K. KIN7 CLERK COLLIER COUNTY, FLORIDA
tA A46.1(
BY: ��... G:.L • By:
Attest as • C :irman'ast)eputy Clerk Chri all, Chairman
signature only
Approved as to form and legality:
Vaief-so /4626....f2„.
Colleen M. Greene
Managing Assistant County Attorney
[YY-1442/1897590/1]
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RESOLUTION NO. 2024 - 1 9 2
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, DECLARING A PUBLIC
INTEREST AND NECESSITY IN REMOVING DEBRIS CAUSED BY
HURRICANE MILTON 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, 2002-50, 2007-
49, 2011-34, 2017-38, AND 2018-37 (CODIFIED IN SECTIONS 38-56
THROUGH 38-72 IN THE COLLIER COUNTY CODE OF LAWS AND
ORDINANCES) AND IN ACCORDANCE WITH
PROCLAMATION/RESOLUTION NO. 2024-190 DECLARING A
STATE OF EMERGENCY FOR ALL TERRITORY WITHIN THE
LEGAL BOUNDARIES OF COLLIER COUNTY, AS A RESULT OF
EXTENSIVE DAMAGE CAUSED BY HURRICANE MILTON.
WHEREAS, on October 7, 2024, the Board of County Commissioners of Collier
County, Florida adopted Proclamation/Resolution No. 2024-190 to Declare 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. 2024-190 was adopted under the authority of
Chapter 252.38(3)(a)(5), Fla. Stat., and Collier County Ordinance Nos. 84-37, 2001-45, 2002-50,
2007-49, 2011-34, 2017-38, and 2018-37 (codified in Sections 38-56 through 38-72 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 Milton may cause 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 7th day of October, 2024,
that due to the potential damage and effect of Hurricane Milton:
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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, including gated
communities, 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.
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.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same this 7th day,� of 0,4gber, 2024.
Ot
ATTEST: ,' ' >= '. BOARD OF COUNTY COMMISSIONERS
CRYSTAI]K.'KI E ERK COLLIER COUNTY, FLORIDA
V t
By: By:
Attest as to Chair E., ,'Deputy Clerk s all, Chairman
I, sign. ure only
Approved . • egality:
411 A
thiti
Jeffrey A.I4 a ow, County Attorney
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