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BCC Minutes 07/08/2005 E (Hurricane Dennis) July 8, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Naples, Florida, July 8, 2005 LET IT BE REMEMBERED, that the Collier County Board of Commissioners, in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m., in an EMERGENCY SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: FRED COYLE (Absent) VICE-CHAIRMAN: FRANK HALAS JIM COLETTA (Speakerphone) DONNA FIALA (Speakerphone) TOM HENNING (Speakerphone) ALSO PRESENT: JIM MUDD, County Manager LEO OCHS, Deputy County Manager MICHAEL PETITT, County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ;} AGENDA HURRICANE DENNIS July 8, 2005 8:30 a.m. Fred W. Coyle, Chairman, District 4 (absent) Frank Halas, Vice-Chairman, District 2 Donna Fiala, Commissioner, District 1 (telephonically) Tom Henning, Commissioner, District 3 (telephonically) Jim Coletta, Commissioner, District 5 (telephonically) 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. 2004-05, 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. Page 1 July 8, 2005 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. Call to Order/Pledge of Allegiance 2. Updated track information for Hurricane Dennis and its effects on the citizens of Collier County, Florida (Presented by Emergency Management Director, Dan Summers) 3. Determination of Necessity of Declaring a State of Emergency 4. Discuss any appropriate action for the Board to take 5. Adjourn Page 2 July 8, 2005 PUBLIC SAFETY ANNOUNCEMENT FROM COlliER COUNTY EMERGENCY MANAGEMENT 239-774-8444 Fax: 239-775-5008 II\CIDENT: Tropical Storm Dennis Update STATEMENT NUMBER: 02 DATE: July 6, 2005 VALID UNTIL: July 8, 2005 at 11 a.m. EST MEETING NOTICE NOTICE OF SPECIAL MEETING OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TO REVIEW THE STATUS OF TROPICAL STORM DENNIS AND DETERMINE THE NECESSITY OF DECLARING A STATE OF EMERGENCY Notice is hereby given that the Collier County Board of County Commissioners will hold a special meeting on FRIDAY, JULY 8, 2005 at 8:30 a.m. in the boardroom located on the third floor of the W. Harmon Turner Building (Administration Building F), Collier County Government Center, 3301 E. Tamiami Trail, Naples. The Board's agenda will include, but is not limited to, the following: A. Updated track information for Tropical Storm Dennis and its effects on the citizens of Collier County. B. Determination of Necessity of Declaring a State of Emergency. C. Discuss any appropriate action for the Board to take. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the special meeting. All registered public speakers will be limited to five (5) minutes unless permission for additional time is granted by the Chairman. Any person who decides to appeal a decision of the 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. Collier County Ordinance No. 2004-05, 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. 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, FL 34112 (239) 774-8380. -End- July 8, 2005 MR. MUDD: Ladies and gentlemen, if you'd please take your seat. Mr. Chairman, you have a hot mike. VICE-CHAIRMAN HALAS: Thank you very much. Good morning, ladies and gentlemen. This is an emergency meeting of the Board of Collier County Commissioners, this Friday, July 8th, 2005, in regards to Hurricane Dennis. And at this time we'll rise and say the American Flag (sic). (The Pledge of Allegiance was recited in unison.) VICE-CHAIRMAN HALAS: At this point in time we'll check and see if the -- our following -- the following commissioners are on line. Commissioner Fiala? COMMISSIONER FIALA: Yes, I'm here. VICE-CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: I'm here. VICE-CHAIRMAN HALAS: Commissioner Henning? Commissioner Henning? Commissioner Coyle? Commissioner Coyle? At that point, I'll turn this whole meeting over to Dan Summers. Dan, if you'd give us a rundown on what's taking place at the present time. MR. SUMMERS: To the commissioners that are joining this telephonically, good morning. COMMISSIONER FIALA: Good morning, Dan. Item #2 UPDATED TRACK INFORMATION FOR TROPICAL STORM DENNIS AND ITS EFFECTS ON THE CITIZENS OF COLLIER COUNTY - DISCUSSED Page 2 July 8, 2005 MR. SUMMERS: Good morning. Dan Summers. I'm the Director of the Bureau of Emergency Services for Collier County and your Emergency Management Director of Record. MR. MUDD: Dan, I think Mike Pettit's got to put a couple of things on the record before we start. VICE-CHAIRMAN HALAS: Go ahead. Thank you. MR. PETTIT: Thank you, Jim. This is Mike Pettit, Chief Assistant County Attorney. Under Chapter 38 of our code of laws and ordinances and Ordinance 2002-50 and Florida Statutes, it's clear that Commissioner Halas, as the sole commissioner present and also as the Vice-Chair, has the power to proclaim a state of emergency if that's what's determined at the end of this meeting is the appropriate thing to do. I want to address the fact in this case we have some commissioners on the telephone. I note that the Florida Attorney General has determined that participation by Board members by telephone is appropriate where there is a quorum physically present and also in extraordinary circumstance. Now, we don't have a quorum physically present. I do believe this is an extraordinary circumstance. The hurricane came upon us quickly. It's during the Board summer recess. In any event, Commissioner Halas, you have the authority to proclaim the state of emergency, if that's what's determined to be done, on your own, so it's my opinion that it's appropriate for those Board members on the telephone to participate and vote. And the only thing I would ask Commissioner Halas is do you agree that there are extraordinary circumstances justifying that participation by telephone? VICE-CHAIRMAN HALAS: Yes, I do. MR. PETTIT: Thank you. MR. MUDD: Mr. Summers? Page 3 July 8, 2005 MR. SUMMERS: Thank you. Commissioners, I have a number of graphics on the display, but I will do my best to give that information to you so that you can interpolate what we're seeing today. Again, the goal here is to address what I think is a very serious situation with Hurricane Dennis. At this particular point, I have an illustration right now of Hurricane Dennis, which is the radar, satellite loop, as Hurricane Dennis is now making -- the eye of Hurricane Dennis is starting to make landfall in central Cuba. We have a Class Category 4 hurricane event. We have a storm that's over 260 miles wide. This particular hurricane has significant outflow. In other words, it is a very well-patterned, well-developed storm. The hurricane center has -- yesterday -- I should say yesterday we were very concerned that we saw a very close track with Hurricane Dennis parallel to the Southwest Florida coast. Overnight we have seen, again, a jog to the west and the models from the National Hurricane Center generally favor this north, northwest track and what we hope after it crosses Cuba will be a northwest track. However, because of the severity of this particular storm, and we all experienced the zig and the zag and the -- the jog from Hurricane Charlie, we want to be on the safe side. We feel like that we have a potential here for lack of a better term if this storm does change course late this evening of kind of a snakebite scenario where we will have to react very quickly. So, that is the radar loop. Let me go a little bit and show the -- the -- the forecast cone puts the edge of the cone just due west of Collier County only by about 35, 45 miles. So, again, this track, this path ultimately just takes this storm into Page 4 July 8, 2005 Pensacola and west and as a result of that line from central Cuba to just west of Pensacola again keeps Collier County presently only in a tropical storm warning. There is not a hurricane warning issued yet for Collier County and we don't expect one at least until-- if one does occur, it would not occur until later this afternoon, possibly in the intermediate advisory around 2:00 or 3:00 p.m. this afternoon. But if the forecast track holds true, it does keep Collier County just east of the cone, the forecast cone. The next area of concern that we use or the next tool that we use to strike probabilities and you have to -- these are subjective in their interpolation of storm making landfall within -- or affecting the community within 65 nautical miles. It is apparent that this storm will pass -- the eye of the storm will pass less than 30 miles west of -- I'm sorry -- 30 miles west of Key West, and as a result of that, the strike probability for Key West at this hour is 48 percent, Marco Island 29 percent and Fort Myers 25 percent. Any time that we see a forecast strike probability where we have a probability greater than 15 percent, it really requires our action. So, although we hope to see a glancing blow at maximum, and we hope to see more deviation to the west, the fact that the hurricane center continues to give strike probabilities for portions of Collier County warrants our reaction. The -- what I'm attempting to load right now on the screen here, as you can see, this is current radar 600 miles out. Key West is just beginning to get the first feeder bands, the outside bands, from this particular storm. So, again, they started evacuation activities yesterday and right now are focusing on airlifting patients from their two hospitals via C-130. That action is taking place today. The next graphic that I have is the Hurri- V ac software and, again, Page 5 July 8, 2005 this illustrates -- there is -- if you remember, we had different color lines, circles around Collier County . We have a large black line, which is what we refer to as our decision arc. And that decision arc is sort of the -- the time mark that we need in order to make any evacuation recommendations or take protective actions. So, currently, I have the storm just south of Cuba, and as I advance the storm where the two rings meet, we're already at 10:00 a.m. Friday is decision point time for us, and as I advance the storm even further, based on the current track, it puts the eye of the storm just west of Key West at 3:00 a.m. Saturday morning, but it also puts the storm force winds just off Marco Island at 3:00 a.m. So, my concern here again is if we see any deviation back to the east, that we may have a storm surge event after midnight, and we know that we don't like to do that activity in the dark. We're going to -- my recommendation is to err a little bit on the side of safety and do as much as we can today as we see conditions deteriorate throughout the day and, most importantly, be in as safe a posture as we can after midnight in the event that we have any change in track. The storm has yet to hit its warmest water. We expect -- we are seeing sea surface temperatures greater than 85 degrees just north of Cuba, so we know that may generate some additional intensification of the storm. Also, the outflow pattern that I mentioned earlier, just to some comparison, it's fair to say right now that this storm may be six to eight times the size that Charlie was as it approached Charlotte Harbor, so a much different storm in terms of its profile and characteristics. Just as I advance on up a little bit, I now have -- let's put the eye of the storm just due -- due west of and slightly northwest of Collier County. Page 6 July 8, 2005 What I'm concerned about, that's 1 :00 p.m. Saturday afternoon, is that with the significant southern outflow of this storm or the backside of the storm, may in fact push storm surge values into Marco, Everglades City, maybe even Naples Bay between two and four feet. So, we could be looking at a significant problem. Two to four feet would impact obviously canals, the bays, and could cause some problems for us along our roadways. But, again, it may push a lot of water but not be a big wind event as we work that out from there. So, let's -- let those thoughts settle for a minute, and if I could, let me go ahead and make some general recommendations from -- to you and then I'll answer your questions, if that's all right. I do recommend that -- or let me make sure that you're aware that the EOC has been partially activated yesterday . We have deployed our disaster response units to shelters, so we have that equipment on standby. The Governor did declare a state of emergency yesterday and did sign the executive order. We remain in a tropical storm warning and, again, our action is prudent because we're looking at a -- at a close proximity Category 4 storm. I do not see significant impacts for the Immokalee area at this time based on this forecast and I'd like to make the following recommendations to the Board, that they do declare a state of emergency effective immediately and, again, Mr. Pettit will have to read the formal language of the resolution. However, I am recommending a voluntary precautionary evacuation recommendation to the general public effective 2:00 p.m. today, and I need to read this carefully to avoid any confusion, effective at 2:00 p.m. today for manufactured home residents and persons with special needs desiring safe refuge from the areas south and west of U.S. 41. This area includes, but is not limited to, Goodland, Marco Island, Page 7 July 8, 2005 Everglades City, Chokoloskee and other tidal areas such as Henderson Creek. Now, it will be up to the City, Marco City, for their formal declaration to take place by their board, but it's just a recommendation, and we have not had time to brief their board this mornIng. The shelter location for those residents who are desiring refuge will be Palmetto Ridge High School located at 1655 Oil Well Road. No special protective actions, again, are recommended for Immokalee at this time. And if I may restate this for the audience that's here, this includes but is not limited to Goodland, Marco Island, Everglades City, Chokoloskee and other tidal areas as such and Henderson Creek. And that is effective as of 2:00 p.m. today. Now, that -- as part of that and, again, we're starting quickly this morning, I'm going to recommend that -- request that our Board of Education District Schools assist us at Palmetto Ridge along with the Red Cross and our Health Department to make ready that facility for anyone that desires that assistance. I do expect to see rainfall in excess of five inches in some areas, ensuring water covered roadways and tax storage drainage systems. And after we conclude the resolution, I do have a need for a budget authorization to deploy some emergency equipment and we'll come back to that after the resolution. So, let me stop right there and address any questions or concerns. COMMISSIONER COLETTA: Dan? MR. SUMMERS: Yes, sir. VICE-CHAIRMAN HALAS: This is -- Commissioner Coletta, is that you? COMMISSIONER COLETTA: Yes. Do you also need a declaration from the City of Everglades City to them -- for them to be able to go forward or do you have that Page 8 July 8, 2005 already covered? MR. SUMMERS: Sir, I would prefer that they go ahead and meet and make that declaration and they may piggyback their declaration off the county's activities, if they so desire. COMMISSIONER COLETTA: Okay. And the other -- the other issue that I got that I'm extremely concerned is the residents of Plantation Island who live in trailers almost at the water's edge. I hope a special effort is made to convince them to leave their homes. MR. SUMMERS: Sir, we'll add that to our public announcement recommendation. COMMISSIONER COLETTA: Thank you, sir. COMMISSIONER FIALA: Chairman Halas? VICE-CHAIRMAN HALAS: Yes, Commissioner Fiala. Go ahead. COMMISSIONER FIALA: Yes. I have a question. Now, say, for instance, these people in these mobile homes and so forth do evacuate and -- for their own safety, yet when the storm is finished, there's no reason for them not to get back home, but -- but they're prevented from doing that. Is that going to be the case this year? MR. SUMMERS: I have not reviewed this with the Sheriffs Office, but I do not expect any prohibitions or curfews or restrictions in reentry. Any of that reentry concern will be based on any damages that are assessed in that area. COMMISSIONER FIALA: Well, that was one of the biggest problems that we had last year with the storms, and I had so many people tell me themselves, because of the other area's problems as well as some of our very own people weren't allowed to get back to their homes for three, four, five days. MR. SUMMERS: Yes, ma'am. Page 9 July 8, 2005 COMMISSIONER FIALA: They said that they would prefer to stay home rather than deal with that, and I was just wondering if -- if there's some way in your press release you could -- you know, if that's the case, and -- and they will-- there's been no damage to their neighborhood or to their block or whatever, that -- that we say something about them being able to get back to their homes. MR. SUMMERS: Ma'am -- yes, ma'am. That's exactly the case because this is a voluntary. This is not a mandatory evacuation. This is voluntary. If folks are uncomfortable with the event, we want to have options available to them. That would -- that may be more likely the case if this was mandatory but our recommendation is voluntary. COMMISSIONER FIALA: Okay. Thank you. VICE-CHAIRMAN HALAS: Commissioner Fiala, maybe we can shed a little more light on this, and that is that if there's no damage or anything, people can normally go right back to their homes. But if there's substantial amount of damage to the point where it may cause them problems as far as health, safety and welfare, that's why a lot of times people are prohibited to go back until at such time as power lines and stuff of this nature are taken care of so that they can enter back into their homes. COMMISSIONER FIALA: Yeah. VICE-CHAIRMAN HALAS: So, I hope -- I hope that helps clear up some of the thoughts and concerns that you may have in case COMMISSIONER FIALA: I -- that -- that I -- I did understand. VICE-CHAIRMAN HALAS: Okay. COMMISSIONER FIALA: Confusion-wise with those that try to get to their homes that aren't in any kind of a state of emergency such as you just mentioned and they can't get back there anyway. And -- but we'll have to see how that one works out. I just -- as long as it's not mandatory and they can get back to their homes, I think Page 10 July 8, 2005 it's important for people to know that so that they'll leave. VICE-CHAIRMAN HALAS: Are there any other commissioners on line that have any questions? COMMISSIONER HENNING: Commission Halas, Commissioner Henning on the line. VICE-CHAIRMAN HALAS: Go ahead, Commissioner Henning. COMMISSIONER HENNING: What would the -- Dan, what would be projected winds, and what would be the projected winds if it deviates to the west, say 50 -- COMMISSIONER FIALA: Hello? COMMISSIONER HENNING: -- 50 miles? MR. SUMMERS: I'll restate your question, Commissioner, to make sure I understood you. What would be the concern -- what would be the estimated wind speed based on the current track and what might be wind speeds with worst case scenario -- COMMISSIONER HENNING: Right. MR. SUMMERS: -- if that's correct? COMMISSIONER HENNING: Yes, sir. MR. SUMMERS: The -- the current wind speeds, I expect winds 20, gusts to 40, based on the current track, winds to 20, gusts to 40; however, if we see significant deviation of this storm back to the east, we could easily see storm force winds, hurricane force winds, closer to 70 miles per hour and then, heaven forbid, if we get much closer than that. Then we are subj ect to the full effect of this storm right now, which is sustaining winds at 130. COMMISSIONER HENNING: Thank you. VICE-CHAIRMAN HALAS: Okay. Dan, I have a question for you. As the hurricane travels over Cuba, is there any terrain there that Page 11 July 8, 2005 could cause -- cause a change in the course that's predicted at this point in time? MR. SUMMERS: The -- how the -- the models do not give us rock solid guarantees as to the storm's behavior; however, because we have so much heat, we have so much -- the storm is so large, the outflow is so significant that the hurricane center is forecasting minimal impact or minimal reduction in this storm as it passes Cuba, because it will immediately have the opportunity to feed on warmer water once it crosses Cuba. MR. MUDD: So, they're basically saying it's a Category 4. When it crosses Cuba, it will drop to a three. As soon as it hits the gulf, they believe it will go back up. COMMISSIONER COLETTA: Dan? MR. SUMMERS: Yes, sir. COMMISSIONER COLETTA: Commissioner Coletta. I -- sir, would you recommend that people board up their homes at this point in time or should they wait for another advisory? MR. SUMMERS: I think today during daylight hours, any protective action that the general public would like to take is a good idea to begin that now. We -- we're dealing with a very hot and humid day, so we should pace ourselves with any of that outdoor activity today and, again, better safe than sorry. VICE-CHAIRMAN HALAS: Dan, I have a question. As the hurricane breaks through Cuba and enters into the gulf, do you think that we'll have a real good idea of exactly what the trajectory is going to be at that point in time so that we can alert citizens in case it veers a little to the right, which would be to the east? MR. SUMMERS: Yes, sir, I do. I think that once the 11:00 o'clock advisory is available to us, we'll be conference calling directly with the National Hurricane Center shortly after that. So, we'll have their -- the forecaster's background information in Page 12 July 8, 2005 terms of how the models are behaving, what comfort level, what confidence level they have in that model's track. However, as we have seen in the past, we have to monitor this carefully throughout the day and the evening for any -- any compass deviation in this track so that we can respond. I do know that the hurricane center is adding additional aircraft and reconnaissance flights today and so they -- their -- they have a full core press on monitoring the progress of the storm. VICE-CHAIRMAN HALAS: Can I clarify? When you said 11 :00 o'clock, were you referring to 11 :00 o'clock this evening or 11 :00 o'clock this morning? MR. SUMMERS: Sir, there will be an additional advisory available for us at 11 :00 a.m. today -- VICE-CHAIRMAN HALAS: Okay. MR. SUMMERS: -- another one for the EOC at 5:00 p.m. today, and then there will be an 11 :00 p.m. advisory also. And we'll continue to monitor every advisory. VICE-CHAIRMAN HALAS: But the 11 :00 p.m. is probably the most important one. Is that correct? MR. SUMMERS: That's correct. At 11 :00 p.m. tonight, this is where we have to pay special attention tonight in the event that we get this compass deviation and it has significant impact on Collier County. We have to be ready to respond tonight. VICE-CHAIRMAN HALAS: Are there -- COMMISSIONER COLETTA: Dan-- VICE-CHAIRMAN HALAS: -- other questions out there for the commissioners? COMMISSIONER COLETTA: Yes. If I may, Dan, the-- VICE-CHAIRMAN HALAS: Commissioner Coletta? Is this -- COMMISSIONER COLETTA: Thank you. If I may, Dan, the -- the ground itself is fairly saturated. I -- I know that it's not going to take much more water to cause some flooding in some areas. Page 13 July 8, 2005 Do you have any recommendations in general for the public at this time, what they should be looking for, where they should be concerned? MR. SUMMERS: If they have experienced localized flooding in the past, they need to be paying special attention, especially late this afternoon and this evening. What we don't want to occur is someone to get locked into their property because of localized flooding. So, if you've experienced localized flooding in the past, later on this afternoon, this evening, monitor this forecast carefully, and as we see additional rainfall or changes in the storm's behavior, be ready to leave that area quickly. COMMISSIONER COLETTA: And going on top of that, Dan, have you got a report recently from the Big Cypress Basin as far as the capacity left in the canals? MR. SUMMERS: I do not have that information presently, sir, but we'll make sure we're in contact with those individuals this mornIng. COMMISSIONER COLETTA: Thank you. VICE-CHAIRMAN HALAS: Any other questions from the commissioners on the phone? COMMISSIONER FIALA: Not from me. Thank you. VICE-CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: No thanks. VICE-CHAIRMAN HALAS: Commissioner Coletta? COMMISSIONER COLETTA: No. Thank you very much. VICE-CHAIRMAN HALAS: Okay. Item #3 RESOLUTION 2005-263: DECLARING A STATE OF EMERGENCY - ADOPTED Page 14 ._...-.~-~--" July 8, 2005 MR. MUDD: Commissioner, I -- I need to get -- I need to get a motion to proclaim an emergency, a state of emergency, but I'd like for Mr. Pettit to read that particular resolution. VICE-CHAIRMAN HALAS: Mike, would you go ahead and read that and then we'll make a vote on this? MR. PETTIT: Certainly. Proclamation of the Board of County Commissioners of Collier County to declare a state of emergency for all territory within the legal boundaries of Collier County, including all incorporated and unincorporated areas. WHEREAS, Hurricane Dennis 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 Dennis; And, WHEREAS, Chapter 252.3(a)(5), Florida Statutes, and Collier County Ordinance Numbers 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; One, performance of public work and taking whatever prudent action is necessary to ensure the health, safety and welfare of the community; Two, entering into contracts; Three, incurring obligations; Four, employment of permanent and temporary workers; Five, rental of equipment; Six, utilization of volunteer workers; Page 15 "'--~-- July 8, 2005 Seven, acquisition and distribution with or without compensation of supplies, materials and facilities; And, eight, appropriation expenditure of public funds. Now, THEREFORE IT IS RESOLVED by the Board of County Commissioners of Collier County, Florida in special session this 8th day of July, 2005 that Hurricane Dennis poses a serious threat to the lives and property of residents of Collier County 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 Collier Commissioners hereby exercise as its authority pursuant to Collier County Ordinance Numbers 84-37,2001-45 and 2002-50, and waives the procedures and formalities required by law of a political subdivision as provided in Chapter 252.3(a)(5) Florida Statutes, 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 markup, which is a larger percentage over wholesale cost and was being added to wholesale cost prior to the emergency. This proclamation resolution adopted after motion and second of a majority vote favoring same this 8th day of July, 2005. And I would just add that what -- if the board approves this, that we would identify those commissioners voting by telephone on the -- on the document. VICE-CHAIRMAN HALAS: I have one question. Page 16 ----,,"-.... July 8, 2005 It doesn't really clarify in the last paragraph in regards to price gouging for hotel rooms in case that's needed. Where is that covered? MR. PETTIT: I -- I believe it is covered in the notion of -- of . servIces. VICE-CHAIRMAN HALAS: Okay. MR. PETTIT: And I think it would be covered in -- in -- VICE-CHAIRMAN HALAS: Covers it over that whole blanket, that -- MR. PETTIT: Right. VICE-CHAIRMAN HALAS: -- whole umbrella. Okay. Do I entertain a motion? COMMISSIONER HENNING: Motion to approve by Commissioner Henning. COMMISSIONER FIALA: Second by Commissioner Fiala. VICE-CHAIRMAN HALAS: All those in favor? COMMISSIONER COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. VICE-CHAIRMAN HALAS: Aye. All those opposed by like sign? (No response.) VICE-CHAIRMAN HALAS: The -- the motion passes unanimously with Coletta on the telephone, Commissioner Coletta on the telephone, Commissioner Fiala on the phone and Commissioner Henning on the phone and I, myself, residing here, Commissioner Halas. Any other -- MR. MUDD: Commissioner, I need an authorization for a budget amendment to support the EOC during this time of emergency of $30,000. It will -- it will be pulled from reserves for -- for all transactions Page 1 7 --,-".~ July 8, 2005 in support of the EOC operation under current procurement authorizations and denoted and obligated by a purchase order. VICE-CHAIRMAN HALAS: Motion to approve? COMMISSIONER HENNING: I'll second the motion, by Commissioner Henning. VICE-CHAIRMAN HALAS: All those in favor, say aye. COMMISSIONER COLETTA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER FIALA: Aye. VICE-CHAIRMAN HALAS: And that's -- the following is again Commissioner Coletta, Commissioner Fiala -- MR. MUDD: You need to ask if there's any opposed. VICE-CHAIRMAN HALAS: Is there any opposed to this? COMMISSIONER FIALA: None. VICE-CHAIRMAN HALAS: Is that a -- COMMISSIONER FIALA: Not -- not from me. VICE-CHAIRMAN HALAS: Okay. So, let's go through this process agaIn. Commissioner Henning approved, Commissioner Coletta approved and Commissioner Fiala approved, and also Commissioner Halas approved. COMMISSIONER FIALA: Now, if that money isn't needed, may I ask then does it go back into the general fund? MR. MUDD: Yes, ma'am. COMMISSIONER FIALA: Okay. MR. MUDD: It will only be -- it will only be used based on purchase order when we need it. VICE-CHAIRMAN HALAS: Are there any public speakers at this time? If not - Item #4 Page 18 July 8, 2005 RESOLUTION 2005-264: ALLOWING A BUDGET AMENDMENT FOR FUNDING - ADOPTED MR. MUDD: Don't close yet, commissioner. Let's talk about-- let's talk about services. Tomorrow, because we could have winds between 20 and 40 miles per hour, the weather channel says it's from 25 to 50 miles per hour, we are -- I recommend that we do not have garbage collection tomorrow, on Saturday, and that the landfill and recycling centers be closed. No need to add an insult to injury and having garage blowing all over Collier County. VICE-CHAIRMAN HALAS: Do you need a motion on that? MR. MUDD: No, sir. I just need to make sure -- I guess maybe we'll -- we'll do it by, is there any Commissioners opposed to it? Normally I get nods. And I -- COMMISSIONER HENNING: The -- we're leaving that discretion up to the County Manager or are we just saying we're not going to have garbage pickup? MR. MUDD: Commissioner, I'm going to make the announcement now that we're not going -- my recommendation is that we not have garbage collection on tomorrow, Saturday, 11 July, and that the landfill and the recycling centers be closed. COMMISSIONER FIALA: That the landfill what? MR. MUDD: That the landfill -- COMMISSIONER FIALA: Hello. MR. MUDD: -- and the recycling centers-- COMMISSIONER FIALA: Hello? MR. MUDD: -- be closed. And -- and the reason for that is because of the -- COMMISSIONER FIALA: Hello? Page 19 July 8, 2005 VICE-CHAIRMAN HALAS: Hello. Yes, Commissioner Fiala. Go ahead. COMMISSIONER COLETTA: I think Commissioner Fiala lost her -- her end of the contact. MR. MUDD: Okay. Okay. Again, my recommendation is that the -- the garbage collection be canceled for tomorrow, Saturday, 11 July, and that the landfill and the recycling centers be closed. VICE-CHAIRMAN HALAS: Do I have an approval from the Commissioners on line? COMMISSIONER COLETTA: You do from me. Commissioner Coletta here. VICE-CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: Well, I mean I have a little concern about whether it's truly needed. You know, 20 to 40 miles an hour, I'm not sure it's going to be a hazard and I just need to be convinced of that. MR. MUDD: Well, Commissioner, what they're basically recommending folks to do on the -- and it's July 9th. My correction, please. I said 11 th, I meant 9th. The -- the news and everything is basically recommending that folks bring in their lawn furniture, tie down their trash cans and things like that so that they're not blown around. If you've got recycling day, you've got open bins that are sitting on the street. 25, 40 mile an hour winds, you'll have papers and you'll have cans and plastic flying all over the neighborhood. My recommendation is you just cancel the collection, let folks know that they tie up their trash cans, get them in the garages and you close down the facilities that would collect particular garbage and recycling for that day. COMMISSIONER HENNING: Well, I appreciate that. The news media is making those recommendations but I need recommendations from people that are -- Page 20 July 8, 2005 COMMISSIONER FIALA: I'm sorry. I couldn't hear that. MR. DELONY: For the record, Jim DeLony, Public Utilities Administrator. It's my recommendation as the Administrator of Public Utilities, therefore responsible to solid waste in Collier County, given the predictions that we have from our own internal emergency management operations function, as well as that from outside sources, that in -- in the area of prudence and safety for not only the individuals who pick up the garbage for the county and operate the facilities associated with our solid waste operations, but also to mitigate any potential with regard to wind-blown garbage or debris, it is my recommendation we do not collect garbage tomorrow, Saturday, the 11 th of July, and that we do not -- not -- the 9th July, and that we do not operate the landfill because I need that landfill buttoned up tight in terms of its -- as a facility to ensure that we don't get any damage to the -- to the -- to that operation and also to preclude any safety concerns I would have for the people operating that facility. And that is my recommendation as the staff. COMMISSIONER HENNING: Chairman Halas -- COMMISSIONER FIALA: Commissioner Halas? VICE-CHAIRMAN HALAS: Yes. COMMISSIONER FIALA: May I ask if this is going to be inserted into the press release? I think that would be a smart idea. MR. DELONY: Yes, ma'am, we'll do that. COMMISSIONER FIALA: Okay. Thank you. COMMISSIONER COLETTA: Commissioner Halas-- VICE-CHAIRMAN HALAS: Commissioner Henning, did that answer your concerns? COMMISSIONER HENNING: Yes, it did. VICE-CHAIRMAN HALAS: Okay. COMMISSIONER HENNING: It did and if you need a motion, I -- I so move to approve. Page 21 July 8, 2005 VICE-CHAIRMAN HALAS : We just think we just -- COMMISSIONER FIALA: Second. VICE-CHAIRMAN HALAS: -- we just needed nods on that. That was all. COMMISSIONER FIALA: Oh, okay. COMMISSIONER COLETTA: Can you see me -- VICE-CHAIRMAN HALAS: Anything-- COMMISSIONER COLETTA: -- nodding? VICE-CHAIRMAN HALAS: Pardon? COMMISSIONER COLETTA: You could see me nodding? VICE-CHAIRMAN HALAS: Yes. COMMISSIONER COLETTA: Okay. Good. VICE-CHAIRMAN HALAS: We got -- we got vision television here. COMMISSIONER COLETTA: Well, actually, I'm watching you on television right now through our video screening off the government channel. VICE-CHAIRMAN HALAS: Is it working good? COMMISSIONER COLETTA: Well, there's -- there's -- it's a little confusing. There's about a 90-second delay, but, I mean, you get to see the maps and everything else. It's working well enough. VICE-CHAIRMAN HALAS: Is there any information from the Transportation Department that we need to address at this point in time while we got everybody here? MR. FEDER: Commissioner, Norman Feder, Transportation Administrator for the record. I just spoke to our folks in stormwater that are working with Big Cypress Basin, the water management district. The major canals and our canals, the weirs, are open. They're not fully open. They're operational. They're taking down the water level. And I asked if they could handle four to 6 inches and they said, yes. They'll continue to monitor. Page 22 --'-'.-,,'."-'."."--- July 8, 2005 The crews are ready to open up further as need be and to coordinate that with Big Cypress Basin, the water management district. Traffic operations is out. We've got emergency backup generators, other issues out and ready to go should the event require it. Again, maintenance crews are ready and so everything's in preparation and in order. VICE-CHAIRMAN HALAS: Commissioner Coletta, did that answer your question in regards to Great Cypress Basin? COMMISSIONER COLETTA: Yes, it did. Thank you very much. VICE-CHAIRMAN HALAS: Okay. Any other comments or questions from the commissioners on line? COMMISSIONER FIALA: None. COMMISSIONER HENNING: Yes, sir. Commissioner Halas? VICE-CHAIRMAN HALAS: Yes, Commissioner Henning. Go ahead. COMMISSIONER HENNING: Is there any recommendations for the Board to reconvene in the near future? VICE-CHAIRMAN HALAS: That's -- we haven't covered that yet and I'm going to leave that up to both the Emergency Manager Director and also the County Manager. And I believe that coming to the podium right now is Dan Summers. Maybe he can fill us in on that. Dan? MR. SUMMERS: Let me -- I was distracted there. Let me make sure I understand the question and that is to discuss reconvening at a later date if it -- VICE-CHAIRMAN HALAS: That's correct. MR. SUMMERS: -- becomes necessary. I think -- I am certainly flexible. We will be here to -- to support you with that emergency information recommendation. Page 23 ~--~-~,.._-.,.. July 8, 2005 My only concern might be if we get into the evening hours, we see a change in the storm's profile and we need to react quickly, how long might it take to reconvene or would that be better to let the commissioner that is here and the county manager have the authority based on our recommendation to take other mandatory evacuation recommendations if that becomes necessary based on the storm's rapid development? COMMISSIONER COLETTA: If I may? VICE-CHAIRMAN HALAS: I -- excuse me. Let me talk to -- turn this over to the County Attorney. I believe the ordinances are such that we do have that power and then, Commissioner Coletta, after we get the answer from the County Attorney, I'll turn the mike back to you. COMMISSIONER COLETTA: Thank you. MR. PETTIT: Commissioner Halas, Mike Pettit, Chief Assistant County Attorney. Let me turn to the right provision. I believe you do have the ability to order and promulgate a series of emergency measures on your own. I -- I would just for purposes of public information attempt to put a notice out at the time that you appeared here to do that, so the public would participate, but I think on your own you can make those decisions. VICE-CHAIRMAN HALAS: Go ahead, Commissioner Coletta. Did that answer any of your concerns? COMMISSIONER COLETTA: For the most part, it did, but I just wanted to mention the fact that I feel very confident with Jim Mudd being there and, of course, you, Commissioner Halas, have had two years of personal FEMA training, so I -- I'm sure that you understand the situation as well as an average person could ever understand it. So, I have total confidence in Jim Mudd, the staff, and you being Page 24 ~-_.,-_.._--~-_._..,. July 8, 2005 present to be able to see that we do everything the right way. VICE-CHAIRMAN HALAS: Any other comments out there from commissioners? COMMISSIONER FIALA: Nothing. VICE-CHAIRMAN HALAS: Commissioner Henning? COMMISSIONER HENNING: No. None from me. VICE-CHAIRMAN HALAS: County Manager Mudd. MR. MUDD: Unless there's any other questions, commissioner, I -- we're pretty well done for today, but I want to -- I want Dan to restate six -- bullet number two again for the -- for the viewing public, and how about reading that one more time, Dan. MR. SUMMERS: Thank you. Under our state of emergency proclamation, we're making the following recommendation: A voluntary precautionary evacuation recommendation is effective today at 2:00 p.m. for manufactured home residents and persons with special needs desiring safe refuge from the area south and west of U.S. 41. This area includes, but is not limited to Goodland, Marco Island, Everglades City, Chokoloskee. We'll also want to reference Plantation Island and other tidal areas such as Henderson Creek. The shelter location for those residents, again stressing voluntary, but the shelter that we'll have available after 2:00 p.m. today will be Palmetto Ridge High School located at 1655 Oil Well Road. And presently we have no special protective action recommendations for Immokalee. COMMISSIONER FIALA: Dan, would you mind adding to that Isles of Capri? MR. SUMMERS: Yes, ma'am. I'll be glad to do that. COMMISSIONER FIALA: Thank you. VICE-CHAIRMAN HALAS: Is there any discussion in regards to if we're going to reconvene at a later time at this point? COMMISSIONER COLETTA: The only thing I might say is Page 25 July 8, 2005 that any time that you want me to be ready for a meeting, I'm more than willing to be there. VICE-CHAIRMAN HALAS: Thank you very much, Commissioner Coletta. Dan Summers, go ahead. MR. SUMMERS: One -- sir, thank you. One additional point. For those that need new -- additional information, our Collier hurricane information hotline number is 774-8444. That's 774-8444. Thank you. VICE-CHAIRMAN HALAS: Let me just say that what Dan basically said, so that we have -- it's very clear in regards to what our intentions are, that anybody that's west and south of U.S. 41 and are living in mobile homes and is susceptible to a flooding, need to have voluntary evacuation starting at 2:00 p.m. this afternoon. Is that correct, Dan? MR. SUMMERS: Yes, sir. That is correct. VICE-CHAIRMAN HALAS: Just to make sure that we get the message out there. And this is right at this point in time, it's a voluntary evacuation. MR. SUMMERS: That is correct. VICE-CHAIRMAN HALAS: And could you again clarify what the potential of surges are at this moment in time? MR. SUMMERS: Based on the preliminary model information that we have right now, that we -- as we see the storm, actually the eye of the storm becomes due west of Collier County, we may see storm surge generated by the backside of the hurricane, which could give us storm surge elevations of two to four feet. Again, depending on the storm's intensity, its forward track and also tide tables, tide times. VICE-CHAIRMAN HALAS: Thank you very much, Dan. MR. SUMMERS: Thank you. VICE-CHAIRMAN HALAS: If there's no other business to be Page 26 July 8, 2005 brought forward, we'll adjourn at this time. ****** There being no further business for the good of the County, the Emergency Meeting was adjourned by order of the Chair at 9:10 a.m. BOARD OF THE COLLIER COUNTY COMMISSIONERS .:~~ Frank Halas, Vice- aIrman A"' '";f' .. A TT~ST: ""'. · ~¡ '.. ( DWiGHT E:'BROCK, CLERK ,', -- ~ oi.'._, . i ' _~\ tDc. , ). Attt~t /I"':to Cha 'run' , '.ID,.S.....- ocal,. These minutes approved by the Board o~ _ 13 l ó{)(SS- , as presented""'---- or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICES, INC., BY ROSE WITT. Page 27