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BCC Minutes 09/11/2004 E (Hurricane Ivan) September 11, 2004 TRANSCRIPT OF THE EMERGENCY MEETING OF THE BOARD OF COUNTY COMMISSIONERS SEPTEMBER 11, 2004 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 3: 3 3 p.m. In EMERGENCY SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Donna Fiala Jim Coletta Fred Coyle Tom Henning Frank Halas ALSO PRESENT: Jim Mudd, County Administrator David C. Weigel, County Attorney 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ EMERGENCY AGENDA September 11, 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 PRESENTATION 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 11, 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 IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. Reconvened Meeting from Friday, September 10,2004 1. Pledge of Allegiance 2. Update on Hurricane Ivan and its affect on Collier County - Dan Summers, Collier County Emergency Management Director Presented 3. Golden Gate Parkway! Airport Road Grade Separated Overpass Mediation/Litigation Resolution 2004-257 - Adopted 5/0 4. Adjourn 2 September 11, 2004 September 11, 2004 MR. MUDD: Madam Chair, you have a hot mike. Ladies and gentlemen, please take your seats. CHAIRMAN FIALA: Thank you. At 3:33 on Saturday, September 11 th, I am calling this special meeting to order, and we are going to be addressing hurricane issues. Weare continuing the meeting from yesterday, September 10th. Would you all please rise and say the pledge of allegiance with me. (Pledge of Allegiance was recited in unison.) CHAIRMAN FIALA: Thank you. And with that, Jim Mudd, would you like to give us a brief update? MR. MUDD: Ma'am, today what we're going to talk about is we're going to get an update on hurricane preparations and hurricane status with the latest projections, and then we've got a second issue that talks about a resolution for conflict negotiations with the City of Naples, which will be the second issue after we're done with your questions on this emergency Hurricane Ivan. Mr. Dan Summers will give you that update. Item #2 UPDATE ON HURRICANE IVAN AND ITS AFFECT ON COLLIER COUNTY - DAN SUMMERS, COLLIER COUNTY MR. SUMMERS: Thank you, Mr. Mudd. Commissioners, good afternoon. Dan Summers, for the record, director of the Bureau of Emergency Services and your Emergency Management Director of record. This continues to be just an incredible ongoing saga with Hurricane Ivan. When we briefed you yesterday, we had a relatively certain time line associated with the forward speed of Hurricane Ivan. Overnight that storm maintained its intensity, but again fell back to a 2 "..~..~-,-,"~._---".""--~......"",»............-_."._".'-=~~'~,",,---.~,,,_._....~""------""~-_.~._._-'"'..,,...., September 11, 2004 snail's pace in terms of forward motion. It remains a very dangerous hurricane event. However, with the time line that is now posed or has now been developed, and I'll go through that with you in just a few minutes, essentially we've gained 24 hours. We went through this with the other hurricane events as well. This particular slowdown was not part of the forecast discussion 24 hours ago from the National Hurricane Center. You need to be aware of that. This type of slowdown was not formally forecasted. There were some variations in the forecast track, obviously, but not to the extent in which the storm has reduced its forward motion. Let me make sure I get this on the screen for you for discussion. Here we go. Very good. Let me go through the timeline with you with HURREV AC from the National Hurricane Center. The current blue line identifies your current forecast position as of 3 :00 today. I will go ahead and do a manual advance. The circle that you see on the southern peninsula of Florida is what we refer to as the decision arc. And that dot right there is the closest point in Collier County in which the storm could potentially affect, based on -- again this is map work, not the storm's track. So as I advance the storm forward, you will notice from yesterday that we have seen a westward jog in the storm's current track. And I want to emphasize, the storm's current track. I'll move this forward a little bit. You'll see the time, the time hacks in the right-hand corner. The -- we've seen very little degradation in the storm, still holding 155 miles per hour. Crossing western Cuba, only a five mile per hour drop, with current movement around 12 miles per hour. Current forecasts right now are oscillating between eight and 12 miles per hour forward motion, which is why we've gained some time. Then you see we start to -- the 39 mile per hour winds start to approach, and I'll blow this up for you a little bit to give you some idea of its proximity to Collier County and its timelines. There you see at 3 :00 p.m. Monday afternoon -- let me back 3 September 11, 2004 up just a couple of hours here. Or let's say 12:00 noon on Monday afternoon, the 13th, the storm force winds, 39 miles an hour, are probably once again just 20 miles away from the Collier coast. Now, undoubtedly, prior to the arrival of this storm, as we all have learned from Charley and Frances, we'll get the advancing bands. So we'll have this period again of some wind, some thunderstorm activity, possible tornado watches and warnings, and then it will go away. And then the next feeder band will come around as it begins to -- we get the leading edge of the storm. I will tell you that the Hurricane Center continues to tell us to be on guard. This is a track again that can provide some storm surge. This current track, our storm surge may be only one to three feet. We can tolerate with no problem, generally speaking, one to three feet in storm surge. That may bring it to the top of a seawall. It may have some very minimal roadway flooding, but it will go away in just a few hours. So on this track storm surge is minimal. Rain impacts again could vary. And again, the forecast for rain -- for precipe that we now have today will vary between three to five or five to eight inches of raIn. Again, because we're in fairly good shape from the other storms, pre-event rainfall precipitation does not appear to be a big problem in today's forecast. I think the other thing to realize that -- MR. MUDD: Can you stop -- slow down just a little bit. Go back just a tad. Stop. What we're having on this particular part of Collier County is the coastal areas get hit with above -- and Mr. Summers always talks about that band as 39 miles an hour. It's above 39 mile an hour winds. And we start picking those things up. If you go back down a couple more clicks down? MR. SUMMERS: Yes, sir. MR. MUDD: Come on. Stop. Go up just one. Now we're at the 4 September 11, 2004 Naples Pier. That's at 5:00 p.m. on Monday. And that's when we start having those bands start roll into the coastal areas with the high winds, kind of something that we kind of saw with Charley a little bit. Keep going through it now. Stop. So around 2:00 a.m. on Tuesday, we're clear with that from Collier County. And this model is -- its movement at this particular juncture is 13 miles per hour. We don't know what that's going to be. Keep going. All right. And by work day on Tuesday we're pretty clear. You know, we're going to have some bands that are coming, but we don't have a hurricane that's off to our side. Now, if-- and Dan can play this so that it comes closer to our coast, okay. I asked Dan not to play that, okay, because it isn't pretty. But what happens to the time line, instead of picking things up at 5 :00 p.m. on Monday, we start getting them -- if it switches over, we start picking those up in the morning of Monday, where that blue line starts to touch Collier County. So Monday is kind of an if day, and I'll talk about that a little bit more as we move along. Go ahead, Dan. MR. SUMMERS: To help you digest this a little bit, let's go to the vapor imagery, and you will see -- you will see where the hurricane has really been hitting Jamaica all day. I've tried to pull some images off the Internet. There's nothing significant coming in -- that has come in yet from Jamaica. We have some information -- some pictures from you from Grenada. You see once again that slight -- the pinwheel there making a slight west jog. The forecasters are still adamant that we watch this storm for any north or north by northeast change in course. And if you'll -- and to put that in perspective for you, you look at just one or two longitude -- latitudinal points here, and again, the only distance that we have to play with could be 60, maybe even 80 miles east or west. So once again, we're straddling the line between a wind and rain 5 September 11, 2004 event versus potentially a serious hurricane event. I have never seen anything like this, this consistent, with three storms before ever. Just have not seen it. It just hasn't been in our play book. It hasn't been part of the predictive guidance over the years from the Hurricane Center. This is just -- this is writing new models, a new -- a new play book has been written this hurricane season. Take you back to the vapor imagery. Again, any -- if you can note my cursor there, just a few points, as Mr. Mudd has alluded to, east or west here of Cuba will have a dramatic effect on the peninsula of Florida and southwest Florida. Just some of the pictures, the early pictures that are in here from Ivan: St. Georges and Grenada. Again, knowing that certainly not dealing with the same type of construction as we have here, but yet a powerful storm. Let me stop right there and let me bring you some EOC updates. This morning -- or yesterday at the close of business after we concluded, we were in communication with the state EOC. Every community right now that was impacted by Charley and Frances are wrestling with the management of their persons with special needs. As of 8:00 last night, the state emergency operations center had planned or was developing a mass migration airlift plan for persons with special needs. That consisted of about four stops for the persons with special needs. It was transporting by the county to a local airport. I requested that Naples Airport be included as a possible pickup site for persons with special needs. That request was declined. Page Field was considered in Fort Myers. That was declined. And Southwest Florida was considered as a transportation point, first pickup point for persons with special needs. If we were to disseminate a person with special needs, we would have had to transport them to Fort Myers where their situation would have been reassessed, placed on military aircraft, flown to Orlando, offloaded to the Orlando Convention Center triage, put back on 6 September 11, 2004 aircraft and sent to VA hospitals in the southeast region of the United States. I declined that process on behalf of Collier County because we had Palmetto Ridge or other schools in which we would have been better off to shelter in place. I requested federal assets for a disaster medical assistance team to augment our health department folks who have been doing a phenomenal job for a phenomenal number of events. That resource request at the federal level was declined. I asked for additional emergency medical services personnel from outside of our impacted area to augment our health department staff. That resource request is currently being reviewed. I felt that it was -- having worked with the special needs population throughout my career in coastal North Carolina, I felt that we could have done a much better job of taking care of local individuals locally than have them wind up three days from now in a V A Hospital in North or South Carolina or Georgia, whose ultimate transportation resources and trip home could have been very traumatic. So I wanted to let you know that that was the decision and the call that we made. And currently, based on the change in the weather forecast, that was probably a good call at this point. Our second aspect was to continue to assist those residents in Charlotte County who are in fact relocating. We've been reported, we have about two busloads of folks coming from Charlotte County into Palmetto. Red Cross is managing that. We're going to make sure that they get a hot meal tonight, a good place to rest, some entertainment, possibly even some transportation resources to a grocery store, a pharmacy or even the mall, just so that those folks can take a little break. That's very inexpensive for us to do. So we're doing our best to help give those folks a little respite. And they're inbound as we speak. And I have two EM staff members on-site assessing that situation, as well as EMS to do a general assessment of those folks as 7 -- September 11, 2004 they get off the bus. That seems to be working well at this point. We have pushed all of our shelter activity, and any mandatory evacuation discussions are not on the action plan for today. The Emergency Operations Center will reconvene tomorrow morning at 6:00 a.m. and reevaluate the time line for any mandatory evacuation discussions. It's my preference, however, because of again fluctuations in the storm that are out there, the potential is high that we continue to support our voluntary precautionary evacuation statements that we've been running all day. I don't like the fact that this has drawn out for several days, but I don't want to be -- I don't want to make a mistake at this juncture and be scrambling in the event that this storm crosses Cuba and hits the high octane fuel of the warm Gulf waters and we very quickly collapse our time window to take precautionary actions. We're sensitive to the cost; we're sensitive to the impacts on the community. Many organizations have lost productivity time. This has been expensive and we know that. We don't know any other way in which to be safe and to allow the time necessary to give everybody an ample opportunity for personal protective action. The Emergency Operations Center will close today at 5 :00 p.m. Again, I want to make sure that we are not utilizing personnel around the clock if we don't have to. That's a big strain on personnel. Rest assured that we're going to provide continuous support to Palmetto Ridge, the school, the Red Cross folks who are hosting Charlotte County there tonight. The Emergency Operations Center will reopen tomorrow morning at 6:00 a.m, again, just in case we get a dramatic change in the storm's forecast, its track and forward movement. Our public information news writers will be released after this briefing today at 4:00, but our Collier information call center will remain open until 11 :00 p.m. tonight. 8 ...-..- September 11, 2004 Again, let me just restate, mandatory evacuation actions and discussions have been postponed possibly until Sunday afternoon, or possibly Monday morning, if we see a change, if we see a change in the forward motion. So we have no choice -- we can't make plans farther than 12 hours out. The forecast just won't let us do it. So again, we need to manage, be efficient, rest our personnel and be fresh in the morning to take a new look at the forecast, come up with a new action plan. The good news is, in Collier County everything is ready to go that we have. I can push buttons, activate our team and we can do things with four hours or less. That's a great position to be in and to start a day off fresh should we have to respond rapidly to this hurricane. General actions: It's imperative that we continue to monitor this storm closely and again conserve personnel, conserve resources, conserve fuel and be ready to act efficiently Sunday midday, Sunday evening and into Monday morning. I would like to read to you just two or three sentences that sum up the current forecast discussion I think very well. And this is coming from the Commercial Weather Service that is in general agreement with the National Hurricane Center. We do not have a high confidence in the forecast out beyond two to three days. Ivan could easily take a jog to the north sooner than expected and make landfall on the western Florida peninsula. There is also a chance that Ivan may move inland farther to the west, perhaps between Pensacola and Panama City, Florida. But we think that there is a greater chance that Ivan's track would deviate to the right rather than to the left. So their concern again with any of the troughs that may be coming across the continental U. S. or northern Gulf, because this thing is running into some interference, both generated by the Atlantic and interference generated by the Gulf, that if they were betting men, 9 September 11, 2004 they would go towards a shift to the right, which again could make the Gulf coast of Florida much more vulnerable, as opposed to going to the Panhandle. So I'll leave that summary comment with you, and that's from a meteorologist in charge at Impact Weather, Chris Herbert. They do a fine job there and they're in general agreement. I think that's a very good synopsis of what I have for you. So let me stop right there and see what questions or comments that you might have and see if you concur with our revising our action plan tomorrow morning. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yes. I think you've answered part of my questions that I had and that was do you -- does the Weather Center foresee any patterns that could cause any drastic change in the direction that the storm is taking? And I think that statement that you just read pretty much covered it. The other question I have is does the Gulf water temperatures, as you get closer to shore and those temperatures become warmer than out farther, does that possibly attract storms closer to shore? MR. SUMMERS: Commissioner, I'll take the first part of that. And I think the National Hurricane Center has a great deal of uncertainty with the hurricane's track, depending on its impact and compass point it takes at Cuba. I think it is -- we have seen, since it skirted the southern end of Jamaica, virtually no degradation in the storm. Now we're going to have to wait and see how that land mass affects the storm as it crosses Cuba. Just north of Cuba we ran some sea surface models. Temperatures there, we're seeing anything from 84 to 88 and a half degrees. Anything 85 and above is that high octane fuel that Mr. Maxwell referred to -- Mr. Mayfield referred to at the National Hurricane Center. So there is a great deal of that water out there. That water can serve two purposes: One, it's the heat engine in 10 --- September 11, 2004 which the storm may intensify, and that further intensification will have an impact on its ultimate course bearing and its forward motion, as well as the steering currents at the upper atmosphere. So I think the models still give a gray area, if you will, to the Hurricane Center once it crosses Cuba. COMMISSIONER HALAS: And one last question. What is your timeline -- if you're going to wait until Monday to reestablish bringing EOC back up in full operation, what's your time line as far as the 24-hour phone service? MR. SUMMERS: We -- that's a good question. And I will tell you, my days have been running together. This is Saturday. Tomorrow is Sunday. So the EOC will activate at 6:00 a.m. tomorrow morning. The Collier Information Center will be either on that hour or shortly behind us. I don't anticipate the Collier Information Center running 24 hours unless the Emergency Operations Center is running 24 hours. And obviously, if we get into the mandatory evacuation discussion, Collier CIC is an integral part of that. But I think what we're doing, we're getting good information out, we're talking to folks, we're getting an enormous amount of calls wanting to know what to do. And we can't give them a definite yet, and we wouldn't, but we can't give them a definite because this storm is meandering out there to the point that it's making it very difficult to make good recommendations this morning, mid afternoon. There won't be any change in that this evening. Tomorrow morning, again, through our news releases, our Collier Information Center, we can assist the folks with their personal decisions, and that's up to them to make that decision. But the advantage here, we bought some time for the community to stabilize, to be ready. We've also gotten an extra day for the retail establishments in Collier County to gain inventory. We're doing pretty well in fuel. Some areas, spotty areas around southwest Florida are not doing well with fuel. But it makes a big difference if we can 11 September 11, 2004 get another day in the retail establishments to get their supplies in. It may be needed as well. Sir, I hope I answered your question there. COMMISSIONER HALAS: Sure did, thank you. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: Mr. Summers, now that the event is moving closer to us and the cone of probability is shrinking slightly, would you have any recommendations as far as evacuation goes? Would the east coast be a logical alternative at this point in time? Or am I putting you in a bad position? MR. SUMMERS: No, sir, I have -- I'm only at the 50 percent mark with an east coast evacuation as a certainty. The reason is that if we see this storm cross Cuba, its pattern and behavior is liable to be very erratic. We could go back to that zig-zag motion coming across, we could potentially, if we see a hard right turn just north of the Keys, then we will have done a disservice to move people to the east coast. I will tell you that generally we're not hearing of any overwhelming delays in north and south as well as east and west traffic. The interstates are doing pretty well. Reports this morning, actually from Collier staff who were headed out this morning, maybe an extra hour from here to Tampa, but north of Tampa doing pretty well. We're not hearing of any problems on the Alley. Tomorrow that may be -- that situation with an east coast evacuation, we'll have a better handle on that recommendation tomorrow. COMMISSIONER COLETTA: So then the recommendation, if somebody is going to evacuate, is to leave the state? MR. SUMMERS: It's still leave the state. COMMISSIONER COLETTA: And to allow plenty of travel time and to leave as early as possible? MR. SUMMERS: That's correct, sir. CHAIRMAN FIALA: Any other questions? (No response.) 12 September 11, 2004 CHAIRMAN FIALA: Okay. MR. SUMMERS: That's all I have. We'll proceed the course. We'll maintain that timeline. Many of you called and checked in with us periodically. I hope we're getting you the information that you need. And we'll continue to maintain our readiness posture. Thank you. MR. MUDD: Commissioner, before we leave this subject matter, I need to talk about are we open or closed on Monday, from the manager's perspective, as far as the government organization. We haven't made that decision. All we did was take our BCC meeting and move it off of Tuesday, because you have petitioners that bring in their folks from all over the place, and you've got people that are evacuated, and then to try to jerk them around because Monday is kind of a limbo day, what do you do? Well, we've got employees that have evacuated and moved out with their folks and gone to other places, and we're pulling and pushing at this particular juncture, and this thing's slowing down. One of the things I try to do with Dan is to see worst case, if it came in based on the projection, what time would it hit us if it made a right-hand turn and did that movement that was described to Commissioner Coletta in response to his question about is the east coast a good place to evacuate. That starts hitting us at 5:00 a.m. in the morning on Monday. If it stays on its present course, we get rain bands, nasty weather, probably some -- because we're on the east quadrant of this hurricane, that's where all the bad weather is, it makes for a rather bad weather day on Monday and then it's out of here, based on current projection, sometime in the early morning of Tuesday. Unless it just stalls, and I don't see that happening with a Category 4, Category 5 hurricane. Now, Mr. Summers probably has more experience with that than I do, but I don't see a Frances either, because there's an awful lot of -- there's an awful lot of juice out there as far as the water temperatures 13 ---..- ..", .,,~_____~.._.~..~.__._,_._..,"___._~._>o.,._.....~....~,._.'_0_' September 11, 2004 are concerned. And when it came across the Bahamas, and I'm talking about Frances now, that same juice didn't exist, so it kind of lingered. My recommendation is Monday not be a work day. And I'd like the board's concurrence with that particular decision. Now, I even asked the question is, are we going to have a hurricane warning area in Collier County. And they were supposed to make that call, I'm talking they, the National Weather Service was supposed to make that call this morning. And now they've postponed that until 11 :00 tonight. I mean, I think there's some -- there's some hesitation on their part because they've been pretty -- they haven't been really good about where this stuffs supposed to end up at, okay, in the last two hurricanes. So they don't want to call the ball until the last minute. But I think we do a real disservice to our employees and the people in the county and everything else. And I understand mandatory evacuation, we don't want to do that, okay. And that's the last possible decision you ever want to make and you want to give yourself some daylight hours in order to do that. And I believe that Mr. Summers' recommendation to take a look at it tomorrow during the day light hours is a good one. But I don't think Monday is going to be a very good day for anybody. Even if it slows down, I've got to undo all the equipment that we've basically got stacked all over the place, all over Collier County, unbutton all the IT equipment, which takes a couple hours to get everything back in service, and then the rest of the day everybody's going to be "what's going on outside" as they watch the wind blow by their window. And so you're not going to get a lot of productive time either. And it just adds to the stress. I mean, I don't know if you've seen it or not -- I did see it in Commissioner Fiala's office here on Wednesday when we, when we had somebody got a little -- one of our employees got a little tight with some comments that were made. I call that a meltdown, ma'am. And 14 --- ._-~~"'-,--,.-----"'_. September 11, 2004 everybody's feeling that stress. And I think Monday not coming to work would alleviate some of that and get that information out. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: If the board leaves that Monday as a work day, how would you get ahold of the employees? MR. MUDD: Well, ma'am -- sir, I've got -- as soon as we make a decision here today, everybody is set for a decision to be made one way or the other, and they're going to disseminate that information vis-a-vis the press releases. And everybody's got their own phone tree set up, so everybody's going to hit the phones and basically let everybody know and, you know, Johnny Sue will call Phil and Phil will call two other people and we'll get that information out to everybody. CHAIRMAN FIALA: Okay. Commissioner Coyle? COMMISSIONER COYLE: If I understand the reasons your request -- it's more related -- that is declaring Monday not to be a work day -- it's more related to giving the staff an opportunity to continue mobilization or to demobilize if it is appropriate to do so. And that makes a lot of sense to me. I would like to draw the distinction, however, that if you -- if you decide that Monday is a no work day, I think the public should understand that that doesn't necessarily mean that you expect the hurricane to hit here Monday. As an example, tomorrow you might make the decision that we are out of the primary cone of impact of this hurricane, or that there's a good likelihood that we might be outside. But you still might want to declare Monday a -- not a work day, a regular work day for government, because the staff has had to mobilize and demobilize now three times for hurricanes in a very short period of time. And I think it puts undue stress on the staff to try to do the ongoing job of government while they're also trying to deal with mobilization and demobilization for a hurricane. So I would tend to agree with you, as long as we can do so in a 15 September 11,2004 way that does not create undue concern that we're declaring a holiday. Because as I said, it could be that tomorrow afternoon you might have sufficient information to make the decision that we're out of the cone of primary influence of this hurricane, but you still want to have that day off so that you can get the staff demobilized, get the equipment back and give them a little time to rest. And I would agree with that. MR. MUDD: Yes, sir. And that's only for non-essential personnel. I mean, everybody else, I've got -- you know, got all the water/sewer folks geared up ready to go. They're on call, they're on the roads doing that kind of stuff. And the only time they get out is when the winds go over 40. And as soon as that passes, they're back out on the road again working lift stations and making sure the water and everything else is on, so it's not -- and the same thing with solid waste, as soon as it goes past, we're out there trying to make sure that the roads are clear what whatnot, so those people are all on standby. It's just for folks that are non-essential, and there's a list of essential and non-essential people that we have. And a lot of them have already __ have already deployed and got out of the area with their families, and it gives them time to get back again. Now, I'm going to tell you, I'm talking about Monday. If we look tomorrow and it looks like something isn't as favorable as what we see today is on the thing, then I have to make a decision with your blessings that talks about Tuesday as a day to recover Collier County so that we can open up stuff, versus having people all trying to get someplace where they're not going to be able to do it. So-- CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: Yes, I think you covered the details pretty well. I feel the same way, that most of the people that are non-essential personnel basically left the area. I know some people flew all the way up to Minnesota and Boston and so on just to get out of the area. So the people that are going to be here are the essential people, and they're here today and they'll be here tomorrow. And if 16 - -"_...~,..~.__.~-""~,,----".-~-.._~'"_... September 11, 2004 things change with the storm, we'll just be geared up and ready to go. So like you said, instead of starting to unbutton things and then all of a sudden to have to make a turnaround in 24 hours time, that's way too much stress and we've gone through enough already. So I concur that we ought to have Monday as a weather day. CHAIRMAN FIALA: Okay. So it looks like -- do you need a vote from us, an official vote? MR. MUDD: Ma'am, I'd just like to get all the heads nodding one way or another, okay? CHAIRMAN FIALA: You got them all nodding. MR. MUDD: That's enough, ma'am. The other thing I'd like then to discuss is do we want to meet together or do you want to leave me as the person that calls it -- we'll set a time and I can either tell you it's going to happen or not going to happen, based on what we see as far as the projection is concerned for tomorrow, or do you want to -- do you want -- Dan, what time do you need for them, if it turns bad for us, to make a decision on mandatory evacuation? COMMISSIONER COYLE: Just give us a call. COMMISSIONER HALAS: Call us. MR. SUMMERS: We could do that. I would like to go through the 6:00 a.m. advisory and the 11 :00 a.m. advisory and then we will -- we'll come up with our best estimate after the 11 :00. CHAIRMAN FIALA: We'll all be -- you can reach all of us anyway. We're easy to find. COMMISSIONER COYLE: We're all going to be here, I think. And we've already given you the emergency authorization you need, so -- but if you need us, give us a call. We'll be here. But otherwise, I think you have the authority to make the decisions you need to make. COMMISSIONER HALAS: Would 11 :00 a.m. be soon enough for you for a mandatory evacuation, if it needed? MR. MUDD: Ifwe need to have a mandatory evacuation, then 17 .-'"."-- _'__,. '_'_"_U_~"_"'M'___'___".~'.~"'_'~_··."____··__·"_ September 11, 2004 I'm -- and we look at the 11 :00, what I will do is, if he says we've got to mandatory evacuate, then we're going to have to get the sheriff in here to talk about curfew, okay? I will call each of you and we will have a meeting soon after. So I'm talking about between noon and 1 :00, I'll make the call to you and try to get it set for 1 :00 if we have to talk about those two issues, because it's important. Curfew, I don't like to talk about that, even though I have the emergency, because it really gets dicey, and people start talking about individual rights and whatnot. So I want to make sure that we're locked in and everybody's in agreement with that, so -- CHAIRMAN FIALA: Very good. Well, we'll all stand by and wait to hear -- hope not to hear from you. MR. SUMMERS: And let me say, Commissioners, that I think you are comfortable that if we -- between 6:00 and 11 :00, if I take mobilization to the next level, short of our formal, you're comfortable with that, if I need to pre-stage, and get ready, go from the get ready, get set, and you'll be my go button. COMMISSIONER HALAS: Yes. MR. SUMMERS: Okay? CHAIRMAN FIALA: Okay. Very good. Thank you very much, Dan. We really appreciate all your hard work, you and your staff. MR. SUMMERS: Thank you, ma'am. It's a great team. CHAIRMAN FIALA: While we're waiting a minute, I just need to say hello to Alex and Naomi. I know you guys don't know them, but I do. Hi Alex. Hi Naomi. MR. MUDD: Hey David, do we need to vote on Monday being that weather day? MR. WEIGEL: No, you don't need to vote. The information you received from the commissioners is just fine. In fact, I think you can make that determination on your own. But in regard to the update of events tomorrow with Dan and 18 ..~.._.-._- September 11, 2004 County Manager to you all, as Jim indicated, if there were to be particular actions required deemed to be necessary, such as a mandatory evacuation declaration, by virtue of the fact that commissioners are here and therefore are physically able to meet, I believe that the better course is -- and particularly in light of Sunshine Law -- is that the commissioners do in fact meet to take any action whatsoever. It sounds as if we're about to leave this a little bit indeterminate without a meeting time. And if -- as Jim indicated, if it is necessary to have a meeting, the board can't meet, we're under a state of emergency locally here anyway. But I always feel better if in fact for purposes of notice, to the extent that notice could be given, we'd want to give it ahead of time and as much ahead of time as we could so that the interested public and media, et cetera, could participate in one form or another. But as I understand it right now, it sounds like there might be a meeting tomorrow, if things seem more dire. But if they don't seem that way, that you, Jim, with the assistance of Dan Summers, will be communicating with the board members individually just to update them on how things are, and that you would continue with the prerogatives and responsibilities that have already been afforded you through the declaration that the board took yesterday. CHAIRMAN FIALA: Commissioner Halas? COMMISSIONER HALAS: County Attorney, how much time would you need, since we're under a declaration of emergency? How much time would you need to notify the public of a meeting? In our case, the County Manager is going to call each one of us and have a prescribed time. Would it be possible then to broadcast this out on our television and radio stations with an hour advance notice that there's going to be a meeting held? MR. WEIGEL: Well, I think physically and logistically that can be done. Ultimately it becomes kind of the eye of the beholder, which 19 __'M'_ --~_._~,-",_._,_.>--~-,.,~,-- ,----,-~"'---,-~.,-"--'-_. September 11, 2004 would be someone other than you or me, if someone were to lodge a complaint claiming the commissioners had come together and -- under inappropriate circumstances had met and without adequate notice, which of course is one of the three legs of the Sunshine Law. Even our discussion we're having right now assists us toward any issue that may come up later, because we're trying to afford the public as much understanding and knowledge as to how a meeting may come to be. COMMISSIONER HALAS: Would an hour be enough? MR. WEIGEL: I think an hour is short, but if an hour is all we have, an hour is what we do and we defend it later. But I would hope for maybe a little more time than that. CHAIRMAN FIALA: Commissioner Coyle? COMMISSIONER COYLE: David, I understand your concern, and I'm wondering if we might not be able to address it merely by saying that we will adjourn this meeting to meet again tomorrow at a specified period of time unless the County Manager and Mr. Summers contacts us to let us know that there is no need to meet? Could we not deal with it in that way? That way we have provided the notice that we will meet if necessary -- MR. WEIGEL: You're -- I think-- COMMISSIONER COYLE: -- it's a continuation of this meeting. And it will only be canceled if it's not necessary. MR. WEIGEL: You know, that's -- that is kind of sharp like a fox, because you'd be adjourning this meeting to a time certain. We put out the physical notice, working with John Torre anyway, if it gets to all the media and beyond. And any time that you have less than a quorum, or less than two persons coming together in any event, a meeting is not held. So by virtue of the fact that you don't come together, you're not running into a problem that way either. So you're right on target there, Commissioner. COMMISSIONER COYLE: Then I make a motion that we do it that way. 20 --'~-- September 11, 2004 MR. MUDD: And I would make a recommendation that that time be at 1 :00 p.m. COMMISSIONER COYLE: Okay. MR. MUDD: And if it's declared -- if I make the decision that it's not necessary, Mr. Summers will be here in this room to give a briefing, to basically go over the situation, and we'll play that live on the air without having to have an official board meeting. COMMISSIONER COYLE: Fair enough. 1 :00. CHAIRMAN FIALA: Good suggestion. Commissioner Coletta? COMMISSIONER COLETTA: So what we're going to do, if we don't have a meeting, there will still be a briefing taking place within this room. I plan to be here, regardless. MR. MUDD: Fine. CHAIRMAN FIALA: Okay. Very good. MR. WEIGEL: I think a motion was made in regards -- CHAIRMAN FIALA: Did you make a motion? I'll second that motion. All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Aye. Opposed, like sign. (N 0 response.) CHAIRMAN FIALA: Unanimous. MR. WEIGEL: Thank you. CHAIRMAN FIALA: Okay. Very good. So at the end of this meeting, then, I just adjourn it till 1 :00 p.m. tomorrow. MR. WEIGEL: I think that's -- or you can restate that, but the action's already been taken by the board for that to occur. 21 ---- September 11, 2004 CHAIRMAN FIALA: Oh, great. Okay. Thank you. MR. WEIGEL: And there is a second item, as Mr. Mudd indicated, for your discussion today. CHAIRMAN FIALA: Right. MR. WEIGEL: If you're ready, I'll lead into it. CHAIRMAN FIALA: Sure. Item #3 RESOLUTION 2004-257: GOLDEN GATE PARKWAY/AIRPORT ROAD GRADE SEPARATED OVERPASS MEDIATION / UIIGAlJON - AEEROVED MR. WEIGEL: I mentioned yesterday briefly that the City of Naples had availed itself of a statutory process for conflict dispute resolution under Chapter 164 of the Florida Statutes. And by their adopting a resolution at their most recent City Council meeting, they have initiated the process, and by law it indicates that before a city or county can at least run into a litigation situation between themselves, they need to go through this more civil process outside of the courts to see if they can resolve any conflict that may exist, or at least come to a better understanding and reduce conflict. And so by filing a resolution and transmitting it to Mr. Mudd this past week, they initiated a time frame whereupon statutorily the board needs to respond -- our board needs to respond as well. And so what we provided you yesterday was a draft, an alternative draft response document, which provided three options of response to the city relating to the process which they have initiated and to which we will either be a player or not a player and/or become a bigger player than just a responsive player. And if I may, I would have Jacqueline Hubbard address any questions you may have upon the material you have read. And she 22 . ....~""'A~,^"*'<_~·w,_..~_._______~_·^_·"·_·····,··,_,·+~··"".~-._-_...---- ._--_._~--_......._......, .. September 11, 2004 may want to give a little more detail to what I have just indicated as well. Again, this is all related to the Golden Gate overpass project and the city's concerns with that project. MS. HUBBARD: Good afternoon, Commissioners. CHAIRMAN FIALA: Good afternoon. MS. HUBBARD: Do you have any questions or do you want me to give you a little more detail about it? CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: In the conflict resolution, is there any -- I had the word, but I lost it -- fact finding? MS. HUBBARD: Not really. It's a -- it's a mandatory obligation on a sister or adjacent local government before they can file a lawsuit, or before they could proceed to litigate a lawsuit that they had filed, that they contact the adjacent local government that they're getting ready to sue and sit down and talk about it and see if it can be resolved, short of litigation. And any litigation will be stayed, pending the outcome of that negotiation. So if the City of Naples desires to sue Collier County, they have to go through this process firs t. COMMISSIONER HENNING: Okay. Well, motion to approve. MR. MUDD: Commissioner, one piece that she needs to add is that conflict -- the conflict resolution proclamation we received from the city that basically says they're basically going to use the process. When they do that, the initiator and the receiver -- we're the receiver in this particular juncture -- the receiver can come back and initiate also and add parties to the negotiation. And in our particular case, we're asking that we add the parties of the regional planning commission, and we also add members of the metropolitan planning organization. Both parties have to in good faith try to resolve the dispute. If a party does not in good faith try to resolve the dispute in good faith, 23 --,~--~._..,.."...~,~_."---_.~_.,_.._~ '....-- September 11, 2004 and it goes to court, the party that has (sic) not a good faith party as far as the resolution in trying to come up with it, suffers the legal costs of both parties, okay, and court costs. And that's how the statute is written. I think I have it -- MS. HUBBARD: In the event they prevail in the litigation, correct. CHAIRMAN FIALA: Okay, I have a question. In the resolution itself, in Section 6, it says the county manager is authorized and directed to send a letter by certified mail, return receipt requested, along with the certified copy of the resolution to the county manager. I bet you really mean to the city manager? MS. HUBBARD: City manager. Thank you very much. CHAIRMAN FIALA: And is it -- is this how you really spell Southwest Florida Regional Planning Council; is it all one word or is it two separate words? I don't know if that -- you know. COMMISSIONER COLETTA: It's the abbreviations. MS. HUBBARD: The abbreviation has a capital W, but I'm not CHAIRMAN FIALA: Oh, does it? Okay, fine. Then it must be. Okay. Thank you. MS. HUBBARD: Okay. Well, we were-- CHAIRMAN FIALA: Commissioner Halas? Oh, I'm sorry. MS. HUBBARD: No, go ahead. CHAIRMAN FIALA: I was just calling on Commissioner Halas. COMMISSIONER HALAS: How does this affect the time line that we have for starting construction? Does this put this on hold? MS. HUBBARD: No, it doesn't have any effect on our ability to proceed to construct the overpass. COMMISSIONER HALAS: Okay. COMMISSIONER COYLE: That brings up another question. MS. HUBBARD: Yes. 24 --._- _. -,,-----~..-~--_.~..-.._'-~'_.,-_.- September 11, 2004 COMMISSIONER COYLE: Ifwe sign a contract and we let a contract to do the construction -- MS. HUBBARD: Correct. COMMISSIONER COYLE: -- and the litigation in some way delays the construction, are we liable in any way to the contractor for any cost of delay? MR. WEIGEL: Allow me to respond quickly. MS. HUBBARD: Oh, okay. Go ahead. MR. WEIGEL: And I'll just mention that the scenario that you described would be one where we have let the contract, it is going forward at this point, notice to proceed is issued from the county and we expect that the contractor is mobilizing with its subcontractors to go forward in the orderly way pursuant to the term and time of the contract. The only way for that to stop would be for a court of law to tell us, the county, that we cannot go forward, and that could not occur until this dispute resolution process is over and litigation has filed and has the legal ability to go forward and have a hearing before the court, either for a temporary injunction or some other kind of special relief prior to the ultimate outcome of the lawsuit. And we know from some of our recent lawsuits that we've all been interested in, that it often takes a while initially before someone files in court and you ultimately -- and you have the ultimate trial. So in this particular case, if someone such as the City of Naples were in litigation, subsequently to the dispute resolution process we're talking about today, were in litigation with us, and went for the early extraordinary relief, injunctive relief to get the court to tell us to stop, they have to convince the court under law, the precepts are that they have a fairly high likelihood of winning on the ultimate merits of the case. Another thing that would come into play -- we would tend to think that wouldn't be the case, quite frankly. Another thing that may 25 .', ."~~.,."._...~--<q;"~,,.......,.. ." September 11, 2004 come into play at that point is a question of whether a city, in this case city government, have to put up a bond relative to the damages or losses that would be sustained if they didn't win the ultimate case. So I would tend to think that an injunction would not be granted lightly and easily. They purportedly aren't ever granted lightly or easily. And that seems to be the experience I've had in the court system here, on both sides, either looking -- facing them, or attempting to get them, in private practice or in my practice with the county. So that's the scenario that we would see right now. And so the question, Mr. Coyle, is the likelihood of a contractor being told to stop is not very high initially, and if it should occur, it would be a very significant thing to occur, being forced upon us by the court. And it may be a situation where ultimately the county is not the ultimate liable party, either if in fact the stoppage was a mistake -- an early mistake of law in fact. COMMISSIONER COYLE: Okay, thank you. CHAIRMAN FIALA: Okay. Any other questions by board members? (No response.) CHAIRMAN FIALA: Do you want to continue? MS. HUBBARD: No. I mean, we're obviously in agreement -- MR. WEIGEL: Well, they need to make a choice. MS. HUBBARD: Pardon? MR. WEIGEL: They need to make a choice as the kind of response -- MS. HUBBARD: Yes. We need -- well, the resolution basically sets forth in Section 2 the issues that the county thinks are the important issues for the negotiation. And I'd like to point those out to you, because they are important. One we -- the first one is that we agree that the issues of the conflict include the necessity for the county to construct the overpass. If you didn't think it was necessary, we wouldn't be constructing it. 26 September 11, 2004 There are other issues, however, that need to come to the table. One is whether there is preemption by the state legislature to the county for the planning of county roads. We think that the county has the right to plan county roads. In this particular instance, I'd like to remind the board that the county also owns the right-of-way in which the overpass will be constructed; even the right-of-way that's within the city limits of the City of Naples. Third, whether or not the city is willing to concede that the county is vested in the Golden Gate overpass. We have interlocal agreements and DRIs that date from 1989 in which the City of Naples willingly participated in agreeing that an overpass should be built. Fourth, whether there's any lack of -- whether there's a lack of any need for the county to examine any further alternatives. Since the county has engaged the consulting firms on four different occasions, and all of them have agreed that the overpass needs to be built, that is the only logical, rational and feasible solution to the traffic problem that's going to worsen every year at that intersection. And finally, we would like to put on the table whether there exists any lawful authority at all for the city to try to halt or delay the construction of the overpass. And by sending the resolution back to the city, using the same process, we're letting the city know that we wish to invoke the negotiation process on these issues, in addition to the issues that they've already stated. Additionally, our office was able to secure, through the cooperation of the county courts, a neutral place to hold the negotiation, and that will be -- we will suggest to them that Courtroom 3C, which is Judge Brousseau's courtroom, be utilized for the negotiation. There's room for the attorneys, there's room for people to come and observe it, and it's away from the county commission chambers and it's away from the city council chambers. And the court administrator has been -- he's willing to set forth the October 5th, which is the date that our staff is suggesting for the 27 September 11, 2004 first session; whereas, the City of Naples is suggesting the 29th. We moved it to the 5th because the City of Naples has obviously engaged a new consultant. We have not seen the results of that consultant's work. It's anticipated that that consultant will have his report prepared by the end of this month. We'd like to have an opportunity to review it and have our consultants take a look at it. Obviously, if their consultant comes back and says we agree, the overpass needs to be built, we don't need to have a negotiation session. And so we're suggesting to the city that we postpone it until the 5th of October, which still falls within that 30-day time line that the statute requires, and it also allows our issues hopefully to get to the floor also. So if we're going to negotiate, let's bring all the issues to the table and see if we can resolve it. CHAIRMAN FIALA: Sure. Commissioner Henning? COMMISSIONER HENNING: It's my understanding when local government in the State of Florida changes their laws, the growth management plan, in our case even the land development code, it doesn't affect things that are in progress. And I don't know if we should put that into the resolution? MS. HUBBARD: Well, if you will look at the -- I think it's the third suggestion where we say the city will concede that the county is vested in the Golden Gate overpass, that's -- COMMISSIONER HENNING: That's what you're talking about. MS. HUBBARD: That's the same issue. We can certainly make it clearer, though. COMMISSIONER HENNING: Well, it's just that when you said it was vested because that we had the right-of-way and things of that nature, but if that's your understanding -- MS. HUBBARD: But also the interlocal agreements and it's been in process for all of these years, and we have equitable arguments and estoppel arguments that we can make. COMMISSIONER HENNING: And if that's your 28 ,.--.-- September 11, 2004 understanding, I'm fine. MS. HUBBARD: Yes. We'll make -- that's definitely intended to be included in that provision. MR. WEIGEL: We can tweak that. CHAIRMAN FIALA: Okay. Commissioner Coletta? COMMISSIONER COLETTA: It's hard to understand how we get to these situations. Hundreds of thousands of dollars have been spent on consultants, including one from the City of Naples. MS. HUBBARD: Correct. COMMISSIONER COLETTA: There's been untold amount of meetings that have taken place, time and hours. Their own con -- their own legal advisors have told them that they couldn't win this. They have a split vote with their council on this. The only thing that's happening now is that we're wasting time and resources that belong the taxpayers of this county and the City of Naples. When this is over with and we got this thing behind this, can we go back and sue the City of Naples for the costs that we have incurred? Somebody has to bear the cost of this, and the people that are making these decisions have to bear the responsibility and the outcome that's going to take place from it. MS. HUBBARD: I'll defer to David on that one. MR. WEIGEL: Okay. First blush answer is no, unless litigation, which hasn't been filed yet, ultimately would appear to be and a court would agree is frivolous at that point in time. So we'd have to see how that evolves before I can provide any further thought in that regard. But the answer is probably no, occasionally can be yes. And we would have to see how that develops. Additionally, part of the general information of this dispute resolution methodology that comes into play, you probably noticed from the materials we provided you is that although ultimately there is part of the procedure where the Board of County Commissioners would be meeting with the City Council itself. That is not the first 29 ...____~~_.____..m'_.._"..·...,~.__..·~__^..,,_·___ September 11, 2004 meeting that would occur. And first a phalanx of county staff people, through the county manager, in conjunction with the county manager and the city staff persons, whomever they determine to send forward, meet in a general assessment meeting, it's called, prior to the respective legislative bodies coming together. And we had noted from the transmittal we received from the city that they were looking to work rather quickly and go, I think, to the meeting of the board, the workshop scheduled for October 4th on a Monday with the board and city council to be the meeting between the city council and the board related to this dispute resolution process. And again, as Jackie indicated and Jim also stated, there are some things to be done before we get to the point of the board and the council meeting. And notwithstanding that you are physically together at that time in a workshop for other purposes heretofore established, we did not think that it was productive or really prudent for us to try to work very quickly through the conditions precedent before so that you could meet with the council at that point in time, particularly since, as we're reading in the newspapers, they've hired this consultant who's supposed to have a report finished approximately September 29th. And they've indicated again, according to the newspaper report, that if their consultant comes and indicates that the county's position is the position, then they have no further dispute to follow up with in any event. So from that standpoint, we've tried to be careful with our time and your time in establishing the dates and time frames of going forward, because in the meantime our project is our project and we'll continue to go forward anyhow. COMMISSIONER COLETTA: I understand. There's just one thing I have left to say. And I'd like to make an information request to both the county and the City of Naples for all the costs that have been extended to get to this point in time so that we can have it in front of 30 .---- September 11, 2004 the taxpayers so they know what exactly -- this folly and how it's leading. I'm extremely disappointed in the City of Naples for pursuing this in the way that they're pursuing it. They know what the outcome's going to be and they know that the cost is just going to be a burden to the taxpayers to both the City of Naples and Collier County residents. MS. HUBBARD: There's one last point, if I may, and that is that our office feels that we can facilitate this matter better if we have not only a neutral place to hold the conversations, but also attempt to secure the services of a facilitator. The cost of the facilitator would be split 50/50 with the city and the county. We've been -- we have -- we've contacted one person from Ocala who apparently participated in a 164 proceeding recently on the east coast that was resolved amiably by the parties. And that person was available for the 29th. And now we have to contact him to see ifhe's available for the 5th. And that completes, you know, our report in terms of what we hope to be able to accomplish and how we hope to accomplish it. COMMISSIONER HENNING: Motion to approve with the wordsmithing and changes to the resolution. MS. HUBBARD: All right. COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: Okay. I have a motion on the floor by Commissioner Henning to approve with the amendments, and a second by Commissioner Coletta. Any further discussion? (No response.) CHAIRMAN FIALA: All those in favor, say aye. COMMISSIONER HALAS: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Aye. 31 ..-.-....-"'......-........--- ----""---~'"-,._.- September 11, 2004 Opposed, like sign. (No response.) CHAIRMAN FIALA: Okay. That's-- MS. HUBBARD: Thank you very much. CHAIRMAN FIALA: -- that's unanimously. Thank you for all your hard work. And with that, Mr. Mudd, do you have any other further -- any other comments? MR. MUDD: Ma'am, there was one item that I didn't cover for the hurricane part of this. And I would like to suspend garbage pickup for Monday, and we'll get the appropriate notices out to folks that garbage will not be picked up on Monday. CHAIRMAN FIALA: It's already in the paper this morning. MR. MUDD: But I want to make sure we do it verbally and I want to make sure that you know it, because it's going to be a windy day, and you don't need to have trash all over the place too to add insult to injury. COMMISSIONER HALAS: How about also possibly suspending it for Tuesday, too? MR. MUDD: Sir, we'll do this day by day. If tomorrow looks bad for Tuesday, we'll do it again on Tuesday. That's all I have, ma'am. CHAIRMAN FIALA: Do you need a motion from us or -- MR. MUDD: No, ma'am. I just let you know that we're going to have -- CHAIRMAN FIALA: Very good. Okay. COMMISSIONER HENNING: Recess until further notice? CHAIRMAN FIALA: I will recess until tomorrow at 1 :00 p.m. Thank you very much. ***** 32 ". m __'M~__"'_"'"_"""___ '''--,-,.,'""''''.........'>-"._...,._"'._.~.. . September 11, 2004 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:36 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL. DONNIf~, i~n ATTEST: DWIGHT E. BROCK, CLERK ""_,J . C =:'.1 -~\/: ., ~: ~J~iâ.~è<'-. :,_~) ~- : ~'~,i! -.;.tl I .\, ""'~" '::~., Attest as to th.1~fl'Sr,~~~ ~, sfgnatul"~ O,.,l-V/'· '" t,,"\"')' ,", ~ ' , "r'" "I - ; ~..... These mirifii~~::~p~ðVed by the Board on ytd6&hJ I L; (.DDC-f as presented ;¡ or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY CHERIE' NOTTINGHAM. 33