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Agenda 09/10/2004 E COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ EMERGENCY AGENDA September 10, 2004 3 :30 p.m. Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chair, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 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 PRESENT A TION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, 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. 1 September 1 0, 2004 -- ..---."---.- 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 TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. Pledge of Allegiance 2. Update on Hurricane Ivan and its affect on Collier County - Dan Summers, Collier County Emergency Management Director 3. Adoption of Proclamation/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 Incorporated and Unincorporated Areas 4. A Motion was made to move the BCC Meeting ffom the September 14, 2004 to the following Tuesday, September 21, 2004 5. A Motion was made to Expedite FEMA Funds over the first 72 hours after Hurricane Ivan has passed Collier County 6. Update on Collier County procedures, including the closing of Government Facilities 7. County Attorney David Weigel's discussion on the procedures relating to a Resolution to the City of Naples to engage in a Conflict Dispute Resolution with Collier County 8. Adjourn 2 September 10, 2004 .--....-- PROCLAMA TION/RESOLUTION NO. 2004- PROCLAMA TION 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 UNINCORPORA TED AREAS WHEREAS, Hurricane Ivan 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 Hurricane Ivan; and WHEREAS, Chapter 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 RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, in Special Session, this 10th day of September, 2004, that Hurricane Ivan 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 and 2002-50 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 ProclamationlResolution adopted after motion, second and majority vote favoring same. Commissioner Henning Commissioner Halas Commissioner Fiala Commissioner Coletta Commissioner Coyle DATED: ATTEST: Dwight E. Brock, CLERK BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: BY: DEPUTY CLERK Donna Fiala, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel, COUNTY ATTORNEY ~--..__..__._,-