Backup Documents 08/18/2008 E (T.S. Fay)
Board of County
Commissioners
Emergency
Meeting
BACK-UP
DOCUMENTS
August 18, 2008
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
~
EMERGENCY AGENDA
TROPICAL STORM FAY
August 18, 2008
9:00 a.m.
Tom Henning, Chairman, District 3
Donna Fiala, Vice-Chairman, District 1 (telephonically)
Jim Coletta, Commissioner, District 5
Frank Halas, Commissioner, District 2
Fred W. Coyle, Commissioner, 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. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, 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.
Page 1
August 18, 2008
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
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
T AMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE A V AILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
1. Call to Order and Pledge of Allegiance
Commissioner Henning, Commissioner Coletta and Commissioner Halas
present in the boardroom. Commissioner Fiala to participate by phone due to
extraordinary circumstances - Approved 3/0 (Commissioner Coyle absent)
2. Updated track information for Tropical Storm Fay and its effects on the citizens of
Collier County, Florida
(Presented by Emergency Management Director, Dan Summers)
Emergency Management Recommendations include:
A. To declare a State of Emergency effective August 18, 2008
B. To have voluntary evacuations for coastal Collier County (south &west
of US41) and mobile homes; mandatory if significant change in storm
C. To open shelters at Immokalee High School and Golden Gate High
School and to open a special needs shelter at Palmetto Ridge High
School; DAS will assist special needs residents with their pets
D. To close Collier County Schools on Tuesday, August 19, 2008
E. To suspend garbage pickup on Tuesday, August 19, 2008
F. Establish a funding source to cover expenses
3. Determination of Necessity of Declaring a State of Emergency
Proclamation/Resolution 2008-231 Adopted - 4/0 (Commissioner Coyle
absent): Declaring a State of Emergency in Collier County, FL effective
August 18, 2008 (Allowing a Budget Amendment for funding of expenses by
opening an appropriation fund in the amount of $250,000);
Direct County Manager or his designee to authorize a mandatory evacuation
of coastal areas before dusk today (8/18/08), if deemed necessary, due to storm
conditions - Approved 4/0;
Page 2
August 18, 2008
BCC Chairman to work with the Sheriff's Office regarding the need for a
possible curfew and prohibition of the sale of alcohol during this storm event,
if necessary - Resolution 2008-233 Approved 4/0; possible closing of state
roads: 92, 29 and 951 (if necessary)
4. Comments and Speakers
A. Fire Chief Murphy from the City of Marco Island addressed the BCC
B. Fire Chief McElvoy from the City of Naples (closed tomorrow)
C. Collier County Schools' Superintendent, Dennis Thompson and will be
closing schools tomorrow
D. Colonel Tom Storer from Collier County Sheriffs Office and proposed a
curfew during the storm event and restrict the sale of alcohol during curfew
E. Clarence Tears from Big Cypress Basin of South Florida Water
Management District and their preparation for the storm
F. Dr. Joan Colfer of the Collier County Health Department; Special Needs
Shelter to open at 4:00 pm today (Hotline: 252-8444 or #311 (w/i county)
G. State Representative Garrett Richter in attendance
H. Norm Feder, Transportation Administrator, addressed road construction
Issues
I. Michelle Arnold, Director of A TM, addressed waiving CAT fees to and
from the shelters, from 3 pm today until the shelters close - Resolution
2008-232 - Approved 4/0
J. Mark Middlebrook, ChiefOperations,Court Administrator stated that the
courts to be closed as soon as hurricane warning is given (per Administrative
Order)
K. Jim DeLony, Public Utilities Administrator, requested no trash
pickup/recycling on Tuesday, August 19th and for the landfill to be closed-
Approved 4/0
L. Jim Mudd, County Manager, to determine if government complex to be
closed after review of the II :00 am weather update
M. John Yonkosky, OMB Director, to prepare a Budget Amendment from
Reserves into Cost Center for TSlHurricane Fay in the amount of$250,000
- Approved 4/0
N. Jim Mudd, County Manager, requested that the BCC cancel the advisory
board meetings that were scheduled for tomorrow and to formally continue
the Collier County Planning Commission meeting that was scheduled on
August 19,2008 at 8:30 am to August 29,2008 at 8:30 am - Approved 4/0
5. Adjourn
Page 3
August 18, 2008
PROCLAMATION/RESOLUTION NO. 2008- 231
PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY
TO DECLARE A ST ATE OF EMERGENCY FOR ALL TERRITORY WITHIN THE LEGAL
BOUNDARIES OF COLLIER COUNTY INCLUDING ALL INCORPORATED AND
UNINCORPORATED AREAS
WHEREAS, Tropical Storm/Hurricane Fay 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 Storm/Hurricane Fay;
and
WHEREAS, Chapter 252.38 (3) (a) 5, Fla. Stat., and Collier County Ordinance Nos. 84-37,
2001-45,2002-50, and 2007-49 (codified at Sections 38-56 through 38-71 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 18th day of August,
2008, that Tropical Storm/Hurricane Fay 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.
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 and 2007-49 and waives
the procedures and formalities required by law of a political subdivision, as provided in Chapter 252.38
(3) (a) 5, Fla. Stat. 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 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 reimposition of the state gas tax(es) shall not
factor as to gasoline/petroleum products sales prices.
This Proclamation/Resolution adopted after motion, second and majority vote favoring same.
DATED: August 18th, 2008
". """"
_,' QCh}ri'fi ""-.
A T~Sf:"Dwtght 1';. Brock, Clerk
,y '.\" ~
. '
'-
BOARD OF COUNTY COMMISSIONERS,
COLLIER CO TY, FRIDA
, Chairman
By:
Jeffre
w, County Attorney
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFl<'ICE FOR SIGNATURE
Print on pink paper Attach to original document. Original document.s should be h<:lIld delivered 10 the Board Office. lbc completed routing slip and original
documents are to be forwarded to the Board Otlkc only after the Hoard has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures. dales, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routin~ lines #1 through #4, complete the checklist, and fOf\Vard to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Jeffrey A. Klatzkow. County Attorney County Attorney JAK 8-18-08
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infommlion is needed in the event one of the addressees above, including Sue !-'Ilson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered In the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Jeffi'ey A. Klatzkow Phone Number 252-8400
Contact
Agenda Date Item was 8-18-08 Special (Emergency) Session Agenda Item Numbcr
Approved by the BCC
Type of Document Resolution (Waiver of C$B f:e~ '3 ~ Number of Original One
Attached Documents Attached
1.
INSTRIICTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable colunm, \vhichever is
appro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the Bee
Chairman and Clerk to the Board and possibly State OffiCials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the Bee Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of Bee approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uirect.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the Bee office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions arc nullified. Be aware of your deadlines!
The document was approved by the BCC on 8-18-08 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan eSl if applicable.
Ves
(Initial)
JAK
N/A(Not
Ap Iicable)
2.
3.
4.
5.
6.
JAK
JAK
JAK
JAK
JAK
I: Forms! County Forms! BCC Formsi Origil1all)oculllcnts Routing Slip WWS Original lJOHJ4, Revised 1.2(,.05, Revised 2.24.05
04-EMG-OJ 149/1612
RESOLUTION NO. 2008- 232
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
FOLLOWING ITS DECLARATION OF A STATE OF LOCAL EMERGENCY
FOR WAIVER OF CERTAIN FEES FOR COLLIER AREA TRANSIT ("CAT")
SERVICE DURlNG TROPICAL STORM FAY.
WHEREAS, on August 18, 2008, the Board of County Commissioners of Collier County,
Florida (the "Board") in Special Session adopted Proclamation/Resolution 2008-231 declaring a state of
emergency for all territory within the legal boundaries of Collier County including all incorporaled and
unincorporated areas; and
WHEREAS, the Board, being informed that Tropical Storm Fay will require designated shelters
to be open due to the threat to the health, safety and welfare of the citizens, residents and visitors of/to
Collier County.
NOW THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORlDA, in Special Session, this 18'h day of
August 2008, that the Board waives the fees for Collier Area Transit ("CAT") service from 3:00 p.m. to
dusk on August 18, 2008, for those persons utilizing the service for evacuation to designated shelters
and the return of those residents to their homes afIer the event.
This Resolution adopted afIer motion, second and majority vote favoring same this 18'h day of
August, 2008.
A TTES"F~"
D~fft~.~;R,OCK, CLERK
~G~?o~k
:li . ,'G.~ ,,~'Cltfl~8ty Clerk
t.) gn.tlll'e 'Oi.lllc.:
APp ved 'as:.t~10rm
-, '.._"'. '~.v
anctgli'!' lciency:
BOARD OF COUNTY COMMISSIONERS
::LLffi"i~t;A .
TOM RENN ,CRAI~
RESOLUTION NO. 2008- 233
EMERGENCY CURFEW
WHEREAS, on August 18, 2008 the Board of County Commissioners of Collier
County, Florida (the "Board") in emergency session adopted Proclamation/Resolution
2008-Ml declaring a stale of emergency for all territory within the legal boundaries of
Collier County including all incorporated and unincorporated areas; and
WHEREAS, Tropical Storm/Hurricane Fay presents a threat to the health, safety
and welfare of the citizens of Collier County, therefore Commissioner Henning, as
Chairman of the Board of County Commissioners, on behalf of the Board of County
Commissioners, hereby adopts a daily curfew in the unincorporated areas of Collier
County between II :00 p.m. and 6:00 a.m. This curfew will commence II :00 p.m. on
August Jz'" 2008, and will terminate 6:00 a.m. on August ,.{(7, 2008, unless further
extended. This curfew includes but is not limited to, the prohibition of or restrictions on
pedestrian and vehicular movements, standing and parking, except for the provisions of
essential goods and services, such as fire, police, emergency medical services and
hospital services, including but not limited to the transportation of patients, utility
emergency repairs and emergency cans by physicians.
Persons violating the established curfew win be guilty of a misdemeanor of the
second degree, punishable as provided in Florida Statutes 775.082 or 775.083.
DATED: August J~', 2008
MISSIONERS,
IDA
By:
Tom Henning, Chairman
Witnesses:
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Print Name: ~~;l-rye;!> V /'~, 1<./<..:7
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Print Namo: _'----.c,,' ;:.. <;'. , ". " ,.',
al sufficiency:
Jeffrey A la ow, County Attorney
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sionature 001,