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Backup Documents 08/18/2008 E (T.S. Fay) Board of County Commissioners Emergency Meeting BACK-UP DOCUMENTS August 18, 2008 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ EMERGENCY AGENDA TROPICAL STORM FAY August 18, 2008 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chairman, District 1 (telephonically) Jim Coletta, Commissioner, District 5 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 (absent) 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 BY ORDINANCE 2004-05 AND 2007-24, 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 August 18, 2008 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 T AMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. Call to Order and Pledge of Allegiance Commissioner Henning, Commissioner Coletta and Commissioner Halas present in the boardroom. Commissioner Fiala to participate by phone due to extraordinary circumstances - Approved 3/0 (Commissioner Coyle absent) 2. Updated track information for Tropical Storm Fay and its effects on the citizens of Collier County, Florida (Presented by Emergency Management Director, Dan Summers) Emergency Management Recommendations include: A. To declare a State of Emergency effective August 18, 2008 B. To have voluntary evacuations for coastal Collier County (south &west of US41) and mobile homes; mandatory if significant change in storm C. To open shelters at Immokalee High School and Golden Gate High School and to open a special needs shelter at Palmetto Ridge High School; DAS will assist special needs residents with their pets D. To close Collier County Schools on Tuesday, August 19, 2008 E. To suspend garbage pickup on Tuesday, August 19, 2008 F. Establish a funding source to cover expenses 3. Determination of Necessity of Declaring a State of Emergency Proclamation/Resolution 2008-231 Adopted - 4/0 (Commissioner Coyle absent): Declaring a State of Emergency in Collier County, FL effective August 18, 2008 (Allowing a Budget Amendment for funding of expenses by opening an appropriation fund in the amount of $250,000); Direct County Manager or his designee to authorize a mandatory evacuation of coastal areas before dusk today (8/18/08), if deemed necessary, due to storm conditions - Approved 4/0; Page 2 August 18, 2008 BCC Chairman to work with the Sheriff's Office regarding the need for a possible curfew and prohibition of the sale of alcohol during this storm event, if necessary - Resolution 2008-233 Approved 4/0; possible closing of state roads: 92, 29 and 951 (if necessary) 4. Comments and Speakers A. Fire Chief Murphy from the City of Marco Island addressed the BCC B. Fire Chief McElvoy from the City of Naples (closed tomorrow) C. Collier County Schools' Superintendent, Dennis Thompson and will be closing schools tomorrow D. Colonel Tom Storer from Collier County Sheriffs Office and proposed a curfew during the storm event and restrict the sale of alcohol during curfew E. Clarence Tears from Big Cypress Basin of South Florida Water Management District and their preparation for the storm F. Dr. Joan Colfer of the Collier County Health Department; Special Needs Shelter to open at 4:00 pm today (Hotline: 252-8444 or #311 (w/i county) G. State Representative Garrett Richter in attendance H. Norm Feder, Transportation Administrator, addressed road construction Issues I. Michelle Arnold, Director of A TM, addressed waiving CAT fees to and from the shelters, from 3 pm today until the shelters close - Resolution 2008-232 - Approved 4/0 J. Mark Middlebrook, ChiefOperations,Court Administrator stated that the courts to be closed as soon as hurricane warning is given (per Administrative Order) K. Jim DeLony, Public Utilities Administrator, requested no trash pickup/recycling on Tuesday, August 19th and for the landfill to be closed- Approved 4/0 L. Jim Mudd, County Manager, to determine if government complex to be closed after review of the II :00 am weather update M. John Yonkosky, OMB Director, to prepare a Budget Amendment from Reserves into Cost Center for TSlHurricane Fay in the amount of$250,000 - Approved 4/0 N. Jim Mudd, County Manager, requested that the BCC cancel the advisory board meetings that were scheduled for tomorrow and to formally continue the Collier County Planning Commission meeting that was scheduled on August 19,2008 at 8:30 am to August 29,2008 at 8:30 am - Approved 4/0 5. Adjourn Page 3 August 18, 2008 PROCLAMATION/RESOLUTION NO. 2008- 231 PROCLAMATION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO DECLARE A ST ATE OF EMERGENCY FOR ALL TERRITORY WITHIN THE LEGAL BOUNDARIES OF COLLIER COUNTY INCLUDING ALL INCORPORATED AND UNINCORPORATED AREAS WHEREAS, Tropical Storm/Hurricane Fay 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 Fay; and WHEREAS, Chapter 252.38 (3) (a) 5, Fla. Stat., and Collier County Ordinance Nos. 84-37, 2001-45,2002-50, and 2007-49 (codified at Sections 38-56 through 38-71 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 RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, in special session, this 18th day of August, 2008, that Tropical Storm/Hurricane Fay poses a serious threat to the lives and property of residents of Collier County, that voluntary evacuation is encouraged and that a State of Local Emergency be declared, effective immediately for all territory in the incorporated and unincorporated areas of Collier County. BE IT FURTHER RESOLVED, that the Board of County Commissioners hereby exercises its authority pursuant to Collier County Ordinance Nos. 84-37,2001-45,2002-50 and 2007-49 and waives the procedures and formalities required by law of a political subdivision, as provided in Chapter 252.38 (3) (a) 5, Fla. Stat. including authorization for Purchasing Director to waive existing purchasing card limitations during the declared emergency. BE IT FURTHER RESOLVED, that the Board of County Commissioners hereby declares that during an emergency it shall be unlawful and an offense against the County for any person operating within the County to charge more than the normal average retail price for any merchandise, goods or services sold during the emergency. The average retail price as used herein is defined to be that price at which similar merchandise, goods or services were being sold during the 30 days immediately preceding the emergency or at a mark-up which is a larger percentage over wholesale cost than was being added to wholesale cost prior to the emergency. The waiver and reimposition of the state gas tax(es) shall not factor as to gasoline/petroleum products sales prices. This Proclamation/Resolution adopted after motion, second and majority vote favoring same. DATED: August 18th, 2008 ". """" _,' QCh}ri'fi ""-. A T~Sf:"Dwtght 1';. Brock, Clerk ,y '.\" ~ . ' '- BOARD OF COUNTY COMMISSIONERS, COLLIER CO TY, FRIDA , Chairman By: Jeffre w, County Attorney ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFl<'ICE FOR SIGNATURE Print on pink paper Attach to original document. Original document.s should be h<:lIld delivered 10 the Board Office. lbc completed routing slip and original documents are to be forwarded to the Board Otlkc only after the Hoard has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures. dales, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routin~ lines #1 through #4, complete the checklist, and fOf\Vard to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. Jeffrey A. Klatzkow. County Attorney County Attorney JAK 8-18-08 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infommlion is needed in the event one of the addressees above, including Sue !-'Ilson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered In the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Jeffi'ey A. Klatzkow Phone Number 252-8400 Contact Agenda Date Item was 8-18-08 Special (Emergency) Session Agenda Item Numbcr Approved by the BCC Type of Document Resolution (Waiver of C$B f:e~ '3 ~ Number of Original One Attached Documents Attached 1. INSTRIICTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable colunm, \vhichever is appro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the Bee Chairman and Clerk to the Board and possibly State OffiCials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the Bee Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of Bee approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uirect. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the Bee office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions arc nullified. Be aware of your deadlines! The document was approved by the BCC on 8-18-08 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan eSl if applicable. Ves (Initial) JAK N/A(Not Ap Iicable) 2. 3. 4. 5. 6. JAK JAK JAK JAK JAK I: Forms! County Forms! BCC Formsi Origil1all)oculllcnts Routing Slip WWS Original lJOHJ4, Revised 1.2(,.05, Revised 2.24.05 04-EMG-OJ 149/1612 RESOLUTION NO. 2008- 232 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOLLOWING ITS DECLARATION OF A STATE OF LOCAL EMERGENCY FOR WAIVER OF CERTAIN FEES FOR COLLIER AREA TRANSIT ("CAT") SERVICE DURlNG TROPICAL STORM FAY. WHEREAS, on August 18, 2008, the Board of County Commissioners of Collier County, Florida (the "Board") in Special Session adopted Proclamation/Resolution 2008-231 declaring a state of emergency for all territory within the legal boundaries of Collier County including all incorporaled and unincorporated areas; and WHEREAS, the Board, being informed that Tropical Storm Fay will require designated shelters to be open due to the threat to the health, safety and welfare of the citizens, residents and visitors of/to Collier County. NOW THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORlDA, in Special Session, this 18'h day of August 2008, that the Board waives the fees for Collier Area Transit ("CAT") service from 3:00 p.m. to dusk on August 18, 2008, for those persons utilizing the service for evacuation to designated shelters and the return of those residents to their homes afIer the event. This Resolution adopted afIer motion, second and majority vote favoring same this 18'h day of August, 2008. A TTES"F~" D~fft~.~;R,OCK, CLERK ~G~?o~k :li . ,'G.~ ,,~'Cltfl~8ty Clerk t.) gn.tlll'e 'Oi.lllc.: APp ved 'as:.t~10rm -, '.._"'. '~.v anctgli'!' lciency: BOARD OF COUNTY COMMISSIONERS ::LLffi"i~t;A . TOM RENN ,CRAI~ RESOLUTION NO. 2008- 233 EMERGENCY CURFEW WHEREAS, on August 18, 2008 the Board of County Commissioners of Collier County, Florida (the "Board") in emergency session adopted Proclamation/Resolution 2008-Ml declaring a stale of emergency for all territory within the legal boundaries of Collier County including all incorporated and unincorporated areas; and WHEREAS, Tropical Storm/Hurricane Fay presents a threat to the health, safety and welfare of the citizens of Collier County, therefore Commissioner Henning, as Chairman of the Board of County Commissioners, on behalf of the Board of County Commissioners, hereby adopts a daily curfew in the unincorporated areas of Collier County between II :00 p.m. and 6:00 a.m. This curfew will commence II :00 p.m. on August Jz'" 2008, and will terminate 6:00 a.m. on August ,.{(7, 2008, unless further extended. This curfew includes but is not limited to, the prohibition of or restrictions on pedestrian and vehicular movements, standing and parking, except for the provisions of essential goods and services, such as fire, police, emergency medical services and hospital services, including but not limited to the transportation of patients, utility emergency repairs and emergency cans by physicians. Persons violating the established curfew win be guilty of a misdemeanor of the second degree, punishable as provided in Florida Statutes 775.082 or 775.083. DATED: August J~', 2008 MISSIONERS, IDA By: Tom Henning, Chairman Witnesses: ,,.~~ .21- '~.::_~. Print Name: ~~;l-rye;!> V /'~, 1<./<..:7 '-T:~.~~.~...--_ -__ Print Namo: _'----.c,,' ;:.. <;'. , ". " ,.', al sufficiency: Jeffrey A la ow, County Attorney '" t. .?'~~~'. - -: :o~J:;).?;;.. .....' "~':'- "'<'~.{'" " . .? ATIES'1": " ; '" ~':~~t;j~ Attest D:fti~~~t~~ ~ sionature 001,