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Agenda 09/19/2005 E COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ EMERGENCY AGENDA TROPICAL STORM/HURRICANE RITA September 19, 2005 4:30 p.m. Fred W. Coyle, Chairman, District 4 Frank Halas, Vice-Chairman, District 2 Donna Fiala, Commissioner, District 1 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. 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. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. Page 1 September 19, 2005 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 Tropical Storm/Hurricane Rita 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. Comments 6. Adjourn Page 2 September 19, 2005 PROCLAMA TIONIRESOLUTION NO. 2005-322 t¡~ Iq~s Gt'R'" (!,kJJ .) 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 UNINCORPORA TED AREAS WHEREAS, Tropical Storm/Hurricane Rita has the potential for causing extensive damage to public utilities, public buildings, public communication systems, public streets and roads, public drainage systems, commercial and residential buildings and areas; and WHEREAS, Collier County Emergency Management officials are recommending that a "State of Local Emergency" be declared due to the current and predicted path of Tropical Storm/Hurricane Rita; and WHEREAS, Section 252.38 (3) (a) 5, Fla. Stat., and Collier County Ordinance Nos. 84-37, 2001- 45 and 2002-50 (codified at Sections 38-56 through 38-70 in the Collier County Code of Laws and Ordinances) provide for a political subdivision such as Collier County to declare a State of Local Emergency and to waive the procedures and formalities otherwise required of political subdivisions by law pertaining to: 1. Performance of public work and taking whatever prudent action is necessary to ensure the health, safety and welfare of the community; 2. Entering into contracts; 3. Incurring obligations; 4. Employment of permanent and temporary workers; 5. Rental of equipment; 6. Utilization of volunteer workers; 7. Acquisition and distribution, with or without compensation, of supplies, materials and facilities; 8. Appropriation and expenditure of public funds. NOW THEREFORE, IT IS RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, in Special Session, this 19th day of September, 2005, that Tropical Storm/Hurricane Rita 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 County Commissioners hereby exercises its authority pursuant to Collier County Ordinance Nos. 84-37, 2001-45 and 2002-50 and waives the procedures and formalities required by law of a political subdivision, as provided in Section 252.38 (3) (a) 5, Fla. Stat. including authorization for Purchasing Director to waive existing purchasing card limitations during the declared emergency. BE IT FURTHER RESOLVED, that the Board of County Commissioners hereby declares that during an emergency it shall be unlawful and an offense against the County for any person operating within the County to charge more than the normal average retail price for any merchandise, goods or services sold during the emergency. The average retail price as used herein is defined to be that price at which similar merchandise, goods or services were being sold during the 30 days immediately preceding the emergency or at a mark-up which is a larger percentage over wholesale cost than was being added to wholesale cost prior to the emergency. This ProclamationlResolution adopted this 19th day of September, 2005. Commissioner Coyle Commissioner Halas q,-(q'o) eCR) dJa1 RESOLUTION NO. 2005-323 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOLLOWING ITS DECLARATION OF A STATE OF LOCAL EMERGENCY FOR ALL TERRITORY IN COLLIER COUNTY FURTHER PROVIDING FOR OPENING NEW APPROPRIA TION FUND FOR EMERGENCY SERVICES DURING TROPICAL STORM/HURRICANE RITA. WHEREAS, on September 19, 2005 the Board of County Commissioners of Collier County, Florida (the "Board") in Special Session adopted ProclamationlResolution 2005-322 declaring a state of emergency for all territory within the legal boundaries of Collier County including all incorporated and unincorporated areas; and WHEREAS, the Board, having duly met in chambers on Monday, September 19, 2005 and being further informed that Tropical Storm/Hurricane Rita has the potential for causing extensi ve damage to public utilities, public buildings, public communication systems, public and private streets and roads, public drainage systems, commercial and residential building and areas and posed an imminent threat to the health, safety and welfare of the citizens, residents and visitors of/to Collier County. NOW THEREFORE, IT IS RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, in Special Session, this 19th day of September, 2005, that: 1. The Board authorizes the opemng of a new appropriation fund from reserves with $20,000.00 starting base for emergency services during Tropical Storm/Hurricane Rita. This Resolution adopted this 19th day of September, 2005. Commissioner Coyle Commissioner Coletta Commissioner Henning Commissioner Halas Commissioner Fiala DATED: ATTEST: Dwight E. Brock, CLERK BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: BY: