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BCC Minutes 10/14/1999 E (Hurricane Irene)October 14, 1999 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS EMERGENCY MEETING OCTOBER 14, 1999 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 5:20 p.m. in an EMERGENCY SESSION in Building F of the Government Complex, East Naples, Florida, with the following members present: CHAIRPERSON: ALSO PRESENT: Pamela S. Mac'Kie Barbara Berry John C. Norris James Carter Robert Fernandez, County Administrator Ramiro Manalich, Assistant County Attorney Mike McNees, Assistant City Administrator Ken Pineau, Director of Emergency Management Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS EMERGENCY MEETING AGENDA October 14, 1999 5~00 p.m. NOTICE~ ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 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 ADMINISTRATOR 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 BE LIMITED TO FIVE MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. RESOLUTION DECLARING A STATE OF LOCAL EMERGENCY REGARDING HURRICANE IRENE Resolution 99-396 - Adopted 2. ADJOURN. October 14, 1999 RESOLTUION 99-396 PROCLAMINING A STATE OF LOCAL EMERGENCY REGARDING HURRICANE IRENE - ADOPTED CHAIRPERSON MAC'KIE: Are we ready? We'll call the meeting to order. Ramiro is going to tell us about the nature of this meeting, an emergency meeting. MR. MANALICH: Good afternoon. Now, very briefly, this is a special meeting under the provisions of Florida Statute, given the hurricane emergency, Chapter 252 of the Florida Statutes, and we are here in the emergency operation center, and it is being televised as well as -- due notice has been provided, so you may commence. CHAIRPERSON MAC'KIE: Thank you. Bob, would you get us started? MR. FERNANDEZ: Yes. Madam Chairwoman, the purpose for this meeting is for us to discuss the situation we have with the storm and to make any appropriate decisions regarding declaration of emergency. I'll call on Mr. Ken Pineau to present the information so that you'll have a basis for your declaration. MR. PINEAU: Well, the storm at the present time is just about 15 miles south of Havana, Cuba, and it should be exiting the Cuban coast early tomorrow morning at about two o'clock. The official forecast has it moving on a north, northeastward heading in between Everglades City and Marco Island late tomorrow evening, actually, where the onset of the tropical storm force winds are forecast to be between eleven and twelve o'clock tomorrow morning, onset of the 50 mile an hour winds at two -- 2:00 p.m., and the hurricane force winds at 5:00 p.m. tomorrow afternoon. Based on that, we are under a hurricane warning at the present time. The National Hurricane Center put us under a hurricane warning from Boca Grande all the way down to Florida City, and that's where we stand right now. CHAIRPERSON MAC'KIE: Okay. MR. FERNANDEZ: Madam Chairwoman, based upon the information that Mr. Pineau has provided, it's my recommendation that the board declare a state of emergency exists in Collier County. COMMISSIONER NORRIS: I'll move that the board declare a state of emergency due to the hurricane conditions. COMMISSIONER CARTER: I'll second. CHAIRPERSON BERRY: Second. CHAIRPERSON MAC'KIE: All in favor, please say aye. Opposed? (No response). CHAIRPERSON MAC'KIE: That passes unanimously, Commissioner Constantine is absent. What about shelters? MR. FERNANDEZ: Mr. Pineau has indicated that we have two shelters that are prepared to be opened. We haven't made a decision at this time with respect to opening of those shelters, Immokalee High School and Barron Collier High School. He has also indicated that Page 2 October 14, 1999 Gulf Coast High School is available on a standby basis, but at this time, we are recommending that it is not yet appropriate to open the emergency shelters. CHAIRPERSON MAC'KIE: Do you have a timing idea of when that might be or -- MR. PINEAU: Well, I think that we're going to have to make a decision this evening to get folks up and running. Of course, they've been on standby all afternoon, but the timing of it, I would think that we should have shelters open, at least for the special needs population at about seven o'clock tomorrow morning. We'd like to do this as close to daylight as possible, and these would be for mobile home residents and those that are actually right in the tropical storm or category one vulnerability zone, which would be the area south of U.S. 41 here in East Naples for the most part. CHAIRPERSON MAC'KIE: But they don't need to be worried about tonight? They should feel safe in their homes tonight and expect -- unless they hear something different. MR. PINEAU: Unless the thing, you know, intensifies drastically, and I don't think that that's going to happen, as long as it maintains on land, as least until after midnight tonight anyway, that we still have several hours before we get into the tropical storm force winds. CHAIRPERSON MAC'KIE: What about road closings and flooding problems like we've had with Harvey? MR. FERNANDEZ: Madam Chairwoman, we talked about that this morning, and our plan, when we were anticipating as much as 20 inches of rain, was to do something a little more creative than we have in the past, and that was not wait until people are stranded in areas that are obviously flooded and then declare the roads to be closed. We know which roads close or which roads flood in events such as we had predicted this morning, and we were willing to -- we had a plan in place to close those in advance with the proper notice. Every one could plan their trips accordingly and do that prior to the situation actually stranding motorists. Now we are not anticipating that level of rain, so -- I still anticipate using that kind of an approach but not until the rainfall warrants our being on the threshold of making those closings. CHAIRPERSON MAC'KIE: So, at this point, this storm is more of a threat from wind than from rain for Collier County? That's the change? MR. FERNANDEZ: Yes, that's the change. This morning we were more concerned about rain and flooding. This afternoon it seems like the wind is going to be the major threat. MR. PINEAU: Now, there will get higher amounts of rainfall in the eastern part of the county, Everglades City, Immokalee, in that area there. The Naples urban area, I think, will have far less than we had anticipated. COMMISSIONER CARTER: So, Ken, if I understand this correctly, the more it shifts to the east, the higher the wind we are going to get and less the rain? MR. FERNANDEZ: Right. Page 3 October 14, 1999 MR. PINEAU: Actually, if it shifts a little bit too far east, it would be considerably less wind, because there's some really dry air moving in on the western portion of the storm, and the winds actually are relatively light in the western semi-circle. So the farther east it gets, the better off we are going to be. COMMISSIONER CARTER: And we won't know until -- CHAIRPERSON MAC'KIE: Both for the wind and -- MR. PINEAU: Both from a wind and the water standpoint. COMMISSIONER CARTER: -- the updates come along and are going to tell us that? COMMISSIONER NORRIS: I think the problem that we are facing is the school closing. That's the one that's touchy because if the official forecast holds, then we should recommend that the schools be closed tonight. However, if it continues through the night to move to the east, there probably won't be a necessity to close the schools, but we are not going to know that until it's, for practical purposes, really too late to make the decision. I think we are faced with a hard choice of trying to make the decision now, expecting the storm to move farther east but being faced with the fact that the official forecast says it's coming right here. MR. FERNANDEZ: Madam Chairwoman. CHAIRPERSON MAC'KIE: Yes. MR. FERNANDEZ: We have the official forecast, and also, we have a request from the school system to make that decision as early as possible so that the appropriate notices can be made and families can be put on notice. So, as Commissioner Norris indicated, it's a difficult choice for us at this time. CHAIRPERSON MAC'KIE: Well, it's hard to -- it's hard to predict when Ken is telling us we think it may turn west, and if it does, we may have a nice day, but based on the official forecast that we have right now, we are going to have hurricane force winds at five o'clock tomorrow, when kids will be on school buses at four o'clock tomorrow, tropical storm winds, what did you say, by two o'clock? MR. FERNANDEZ: Two o'clock. MR. PINEAU: No, the 50 mile an hour winds at two o'clock, 40 at COMMISSIONER BERRY: Madam Chairwoman, that would be your elementary children at that point that would be leaving schools. Some of them would be walking home. CHAIRPERSON MAC'KIE: It's just not an option. The official forecast says we have a dangerous situation tomorrow, so it seems to me that has to be our recommendation as far as closing. COMMISSIONER CARTER: I think we ought to close the schools, and if it turns out to be a nice day, we can -- I'd rather take the punishment for that than have a bad day with kids on school buses. CHAIRPERSON MAC'KIE: That's for sure. MR. FERNANDEZ: I feel we have that official forecast that predicts 50 mile an hour winds at two o'clock, and although we may have other inklings that it may go a different direction, we can't ignore the official forecast at this point. Page 4 October 14, 1999 CHAIRPERSON MAC'KIE: What about -- have you made a decision, Bob, about closing down the county government center? MR. FERNANDEZ: We haven't at this point. CHAIRPERSON MAC'KIE: You'll make that -- COMMISSIONER NORRIS: My suggestion would be to not close the government center at this point, but that's a decision that could be made at noon, to send everybody home at noon. COMMISSIONER BERRY: Early. MR. FERNANDEZ: Yeah, we have that option. We can always -- and I'm sure that word will spread very quickly. COMMISSIONER CARTER: Well, I think that's a wise decision -- COMMISSIONER BERRY: I think that's wise. COMMISSIONER CARTER: -- that we've got time on that side, and if it does turn bad at noon, you can close the offices, and people could be out of here. MR. McNEES: That decision could also be made in the morning at six or seven o'clock. COMMISSIONER BERRY: That's true. COMMISSIONER NORRIS: Yeah, as opposed to the school closing decision which has to really, for practical purposes, be made tonight even though the information that we are basing it on may not turn out to be as accurate as needed for that decision, we really don't have a choice. CHAIRPERSON MAC'KIE: As I understand it, we make a recommendation to the superintendent of schools, and he makes that final call. Ours is a recommendation to him. I'm sure he will make the right choice based on the data that we have. MR. PINEAU: Well, again, we need to have a commitment from them to open up the schools, the shelters also, those two high schools. Whether we put them in the gyms or whatever, we'll need a commitment. CHAIRPERSON MAC'KIE: And that's -- that's going to be starting by seven o'clock in the morning, and possibly this evening, but most likely seven o'clock in the morning? MR. PINEAU: No, we are going to do it -- I think we have time to do it at seven o'clock and finish getting everybody loaded up and into the shelter by late morning. CHAIRPERSON MAC'KIE: So, that could be another complicating factor, I guess, if we've got people in the shelter in the schools and schools going on at the same time. COMMISSIONER BERRY: Ken, what about people in mobile homes other than south of 417 MR. PINEAU: Well, we are going to -- I would recommend evacuations for mobile home folks if we are going to get the hurricane force winds tomorrow afternoon. The special needs are -- the people with the biggest, because we have to transport them, a lot of them. People living in mobile homes can always drive to the shelters at Immokalee or Barton Collier, and they can do that at their leisure during the afternoon or late tomorrow morning. MR. FERNANDEZ: If we wait though until tomorrow to make the Page 5 October 14, 1999 decision on evacuation, will there be time to make the arrangements? MR. PINEAU: Well, we are going to make the arrangements tonight. We'll have the shelter managers opening the shelters by seven and contacting the school bus drivers -- see, that's another thing, we need to have schools closed if we are going to evacuate our special needs people, because it's the buses that -- COMMISSIONER BERRY: You've got to use those buses, don't you? MR. PINEAU: Yes. COMMISSIONER NORRIS: Well, my -- my feeling on this would be to recommend that the school board close the schools with the proviso that we feel there's a likelihood that it may not be necessary at the final analysis of it, but that we have to make our decision tonight based on the information that's before us. I think we need to let them know that as we recommend that they close the schools. MR. FERNANDEZ: Based upon the official forecast. COMMISSIONER NORRIS: See, the thing is, the official forecast says there's going to be tropical storm winds and then hurricane force winds. If we don't close the schools and the official forecast comes through, we are in a heap of trouble, plain and simple. MR. FERNANDEZ: Right, right, and we are on notice by the official forecast that we should have done something. That's the part I'm concerned about. CHAIRPERSON MAC'KIE: The note that was just brought in is that the court systems will be closed tomorrow in Collier County. Apparently, whenever a hurricane warning is declared, it's immediate the closing of the court systems. So, that is going to happen. I would hope, too, that we could do -- provide a little more information. Apparently, happily, a lot of people turn to Channel 54 to get information, if we can scroll as much information or otherwise provide maybe a little more than we did last time. MR. FERNANDEZ: We have already made arrangements for that. CHAIRPERSON MAC'KIE: Great. COMMISSIONER BERRY: WNOG, will they have any information? CHAIRPERSON MAC'KIE: They are not even the official station. MR. PINEAU: WSGL, Carl Loveday will be in tomorrow morning. COMMISSIONER BERRY: All right. CHAIRPERSON MAC'KIE: What's the call numbers or whatever? MR. PINEAU: WSGL is at 104.7 now. They've changed their time on the dial, but WGUF is another talk radio station, and we were giving them updates all morning. CHAIRPERSON MAC'KIE: Hopefully, we'll keep the most current information on Channel 54. Anything else? MR. McNEES: Ken, one other thing we haven't talked about at all, we talked about rain, what about now with the change in the tidal flooding, what expectation -- MR. PINEAU: We still run the risk of tidal flooding down in Everglades City. They are at high tide at 7:24 tomorrow evening. If this track is correct, they are going to be on the bad side to the right of where the storm tracks, and they could get, you know, a foot Page 6 October 14, 1999 or two of -- at least a foot or two of water down there in the Everglades City streets, in the garages and places like that like we had from Harvey a couple of weeks ago. COMMISSIONER CARTER: Marco, will they have similar concerns? MR. PINEAU: No, actually Marco, if the track is right -- now, we are cutting things pretty close. We are saying between Marco and Everglades City. If it does go between Marco and Everglades City, most of the day tomorrow the winds here in the Naples urban area will be offshore, and then as the storm gets to the north of us tomorrow evening, we'll be going down into a low tide also when that occurs, and we'll start getting into that westerly and northwesterly wind, but storm surge shouldn't be a problem then. CHAIRPERSON MAC'KIE: Okay. So we voted to declare the local emergency. We made a recommendation to the school board. Shelters will be opening for special needs at seven o'clock in the morning. MR. PINEAU: And the general population too. CHAIRPERSON MAC'KIE: Is that right? MR. PINEAU: Yeah. MR. FERNANDEZ: I don't believe we voted formally on the recommendation on the schools. COMMISSIONER NORRIS: Do we need to vote on that?. CHAIRPERSON MAC'KIE: We don't usually vote, but we can. COMMISSIONER BERRY: Let's vote on it. CHAIRPERSON MAC,KIE: Let's do. Somebody move it. COMMISSIONER BERRY: I'll move that we make a recommendation of our emergency measures here to the school board. COMMISSIONER CARTER: Second. CHAIRPERSON MAC'KIE: Discussion? All in favor, please say aye. Opposed? (No response). CHAIRPERSON MAC'KIE: That passes unanimously, Commissioner Constantine absent. Anything further to come before the board? MR. FERNANDEZ: I have nothing further. CHAIRPERSON MAC,KIE: Anything else, board members? Okay. We'll be adjourned. Page 7 RESOLUTION/PROCLAMATION No. 99r 3 9 6 OCT 1 1999 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROCLAIMING A STATE OF LOCAL EMERGENCY; DECLARING VOLUNTARY EVACUATION; DESIGNATING CERTAIN SHELTERS THAT MAY BE OPENED; AUTHORIZING THE COUNTY ADMINISTRATOR TO DETERMINE EMPLOYEES' WORK SCHEDULE; DECLARING IT UNLAWFUL TO CHARGE MORE THAN THE NORMAL AVERAGE RETAIL PRICE FOR ANY MERCHANDISE, GOODS, OR SERVICES SOLD DURING THE EMERGENCY; AND WAIVING CERTAIN PROCEDURES AND FORMALITIES IN ACCORDANCE WITH CHAPTER 252.3R(3)(a)(5), FLORIDA STATUTES. WHEREAS, the National Tropical Storm Center has recognized the danger to coastal residents of Southwest Florida from Hurricane Irene by posting a Hurricane Watch for Collier County; and WHEREAS, Hurricane Irene has the potential for causing extensive damage to public utilities, public building, public communications systems, public streets and roads, public drainage systems, commercial and residential buildings and areas; and WHEREAS, Chapter 252.38(3)(a)(5), Florida Statutes, provides authority for a political subdivision such as Collier County to declare a "State of Local Emergency" and to waive certain procedures and formalities otherwise required of political subdivisions by law. NOW, THEREFORE~BE IT RESOLVED AND PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, in special session, this 149 day of October, 1999, that Hurricane Irene poses a serious threat to the lives and prop?ty of residents of Collier County and that a State of Local Emergency be and is hereby declared, effective immediately for all territory within the legal boundaries of Collier County, including, that all incorporated and unincorporated areas shall be embraced by the provisions of this Resolution. BE IT FURTHER RESOLVED and PROCLAIMED that: 1. Evacuation is on a voluntary basis only; 2. Shelters designated arc Ban'on Collier High School, Oak Ridge Middle School, Golden Gate Middle School, Gulf Coast High School and Immokalee High School. Additional shelters may be opened as deemed necessary by the Emergency Management Department; 3. The work schedule of County Employees will be left to the discretion of tho County Administrator. BE IT FURTHER RESOLVED and PROCLAIMED that the stateOflocal emergency declared herein shall automatically expire after seven (7) days pursuant to Section 0CT 1 h 1999 252.38(3)(a)($), Florida Statutes, unless otherwise extended by the Board ,of County Commissioners. BE IT FURTHER RESOLVED and PROCLAIMED that, pursuant to Collier County Ordinance No. 84-37, it shall be unlawful and an offense against Collier County for any person, firm or corporation operating within the County to charge more than the normal average retail price for any merchandise, goods, or services sold during the emergency. The average retail price as used herein is defined to be that price at which similar merchandise, goods, or services were being sold during the ninety (90) days immediately preceding the emergency or at a mark- up which is a larger percentage over wholesale cost than was being added to wholesale cost prior to the emergency. BE IT FURTHER RESOLVED and PROCLAIMED that, in accordance with Chapter 252.38(3)(a)($), Florida Statutes, Collier County Government waives the procedures and formalities otherwise required of political subdivisions by law pertaining to: 3. 4. 5. 6. 7. Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community; Entering into contracts; Incurring obligations; Employment of permanent and temporary workers; Utilization of volunteer workers; Rental of equip~ment; Acquisition an/:l distribution, with or without compensation, of supplies, materials, and facilities; Appropriation and expenditure of public funds; This Resolution adopted after second and majority vote favoring same. DATED: October 14, 1999 ,~,"'i.'"' ,',, *'ii' I~'~' !~ ~ ' "::" :~' ' -~ .:'~':r;; -~ :E. BROCK, CLE~ : ,=..-. ,:,:,: ....... AtteSt sl~at~e Approv~ ~ to fo~ ~d legal su~ciency: BOARD OF COUNTY COMlVIISSIONERS COLLIER COUNTY, FLORIDA David C. Weigel, County Attorney H:publtc/dcbbil/rcsolutionl/19991proclaiming slate oflooil emergency-Irene October 14, 1999 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:35 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF ~MELA S. MAC" KIE, ~H-A~ERSf~N These minutes approved by the Board on ~Qnu.~.%~%% presented t,---' or as corrected as TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING BY: Breehne Dawn Page 8