Resolution 2008-234
RESOLUTION NO. 2008- 234
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, DECLARING A PUBLIC INTEREST AND
NECESSITY IN REMOVING DEBRIS CAUSED BY TROPICAL STORM FAY ON
OR ADJACENT TO PUBLIC ROADS THROUGHOUT THE COUNTY, AND
AUTHORIZING SUCH REMOVAL OF DEBRIS BY COLLIER COUNTY AS
PART OF ITS EMERGENCY MANAGEMENT EFFORTS IN ACCORDANCE
WITH COLLIER COUNTY ORDINANCE NO. 84-37, AS AMENDED, AND IN
ACCORDANCE WITH PROCLAMATION/RESOLUTION NO. 2008-231, WHICH
DECLARED AND EXTENDED A STATE OF EMERGENCY FOR ALL
TERRITORY WITHIN COLLIER COUNTY, AS A RESULT OF EXTENSIVE
DAMAGE CAUSED TROPICAL STORM FAY.
WHEREAS, on August 18, 2008, the Board of County Conunissioners of Collier County, Florida
(the "Board") in Emergency Session adopted ProclamationlResolution 2008-231, 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 August 26, 2008, and being further
informed that Tropical Storm Fay has caused extensive damage to public utilities, public buildings, public
communication systems, public streets and roads, public drainage systems, commercial and residential
buildings and areas, and as such poses an imminent threat to the health, safety and welfare of the citizens,
residents and visitors of/to Collier County; and
WHEREAS, Collier County Ordinance Nos. 84-37, as amended, authorizes the Board of County
Conunissioners, following a declaration of a State of Emergency, to make a determination and to declare
that it is in the public interest and safety to collect and remove disaster debris from all property, whether
public lands, public or private roads, and gated communities, to eliminate an inunediate threat to life,
public health and safety to reduce the threat of additional damage to improved property and to promote
economic recovery of the community at large, and to authorize the county or its contracted agent(s) the
right of access to private roads or gated communities as needed for:
(a) Emergency vehicles such as, but not limited to, fire, police and medical care;
(b) Performance of damage assessment, emergency management, specialized search and
rescue teams;
(c) Human services and victim relief;
(d) Temporary emergency traffic controls or detour efforts; and
(e) Debris removal vehicles and equipment, utility equipment and sanitation efforts to
alleviate immediate threats to public health and safety; and to otherwise authorize the removal of debris,
wreckage or collapsed structures resulting from a major disaster for a safe and sanitary living or
functioning condition of the proximate environment.
NOW THEREFORE, IT IS RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, in Special Session, this 26th day of
August, 2008, that:
I. The removal of debris from or adjacent to public roads throughout Collier County, is
hereby declared to be in the public interest and necessary to eliminate or lessen immediate threats to life,
public health and safety and to eliminate or lessen immediate threats of significant damage to improved
property, and as such is to be removed by Collier County or its contractors.
2. Debris resulting from the demolition of mobile homes, manufactured homes, residential or
commercial buildings that is "pushed out" to the right of way will not be eligible for removal operations
of Collier County or its subcontractors.
This Resolution adopted after motion, second and majority vote favoring same.
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY FLORIDA
By:
d legal sufficiency: