MINUTES OF THE EMERGENCY SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 10, 2004, AT 3:30 P.M. PRESENT: Vice Mayor Mary Anne Servian, Commissioner Danny Bilyeu and City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, Deputy City Auditor and Clerk McGowan and Attorney Richard J. Taylor ABSENT: Mayor Richard F. Martin due to out of town travel to Russia and France related to the Sarasota Sister Cities Association Program and Lou Ann R. Palmer due to out of town travel to Russia related to the Sarasota Sister Cities Association Program and Commissioner Fredd "Glossie" Atkins due to out- of-town travel PRESIDING: Vice Mayor Servian The meeting was called to order in accordance with Article III, Section 9(c) of the City of Sarasota Charter at 3:30 P.M. 1. REPORT RE: BRIEFING CONCERNING HURRICANE IVAN (AGENDA ITEM I) CD 3:32 through 3:40 Vice Mayor Servian stated that the City Manager will provide a briefing regarding Hurricane Ivan; that the City Attorney is first requested to explain the unusual circumstances faced at this time. City Attorney Taylor stated that an unusual circumstance exists at this time; that the Commission is seated differently with only two of the elected Commissioners at the table; that two Commissioners are out of the country and one is out of town; therefore, only two Commissioners are available to respond to the call of the meeting; that the City is in an awkward position to conduct government business and the affairs of the City which are within the powers of the City Commission; that therefore, the emergency succession provisions in the Charter of the City of Sarasota must be invoked which are contained in Article III of Section 12; that Article III, Section 12 includes provisions for a situation in which the City has a vacancy or an absence and the existence of a grave public emergency affecting the operations of City government; that the vacancies may temporarily be filled in the following order: 1) City Manager, DRAFT ONE Page 28618 09/10/04 3:30 P.M. BOOK 57 Page 28619 09/10/04 3:30 P.M. 2) City Auditor and Clerk, 3) Deputy City Manager, 4) Chief of Police, etc. City Attorney Taylor continued that a vote of four Commissioners is necessary to pass an ordinance effecting a transfer of powers due to Hurricane Ivan; that the recommendation is proposed Ordinance No. 04-4583 should reflect the City Manager and the City Auditor and Clerk will be sitting as the reconstituted Commission under the emergency succession provisions, and will be entitled to vote on the question of whether or not to transfer the Commission's powers to the City Manager in accordance with proposed Ordinance no. 04-4583. Vice Mayor Servian asked if the special circumstances will affect the manner in which the emergency succession is rescinded? City Attorney Taylor stated no; that proposed Ordinance No. 04-4583 includes a provision for rescinding the emergency succession by the affirmative vote of three members of the Commission; that the emergency succession is only in effect until such time as one of the absent Commissioners returns to town. Vice Mayor Servian requested that the City Manager provide a briefing on Hurricane Ivan. City Manager McNees distributed a document entitled "Hurricane Ivan Incident Action Plan 1st Operational Period"; and stated that the Incident Action Plan is from Sarasota County's Emergency Operations Center (EOC) and was received at approximately 1:00 p.m.i that the forecast track indicating the track of Hurricane Ivan is within a probability circle; that making a determination to declare a State of Emergency is probably 12 to 18 hours premature. Vice Mayor Servian requested that the map of the track of Hurricane Ivan be displayed sO home viewers can have an opportunity to view the forecast track. City Manager McNees referred to a map of the Hurricane Ivan forecast track displayed on the Chamber monitors; and stated that a white circle on the map indicates the area within which the hurricane could likely track; that the City is within the white circle; that the probability the City will remain within the white circle in 24 hours is likely; that acting at this time rather than waiting until the weekend is prudent; that plenty of opportunity exists for the hurricane to track away from Sarasota; however, decisions are being made based on the worst case scenario considering the information available at this time; that the worst case scenario is a Category 3 hurricane making a direct landfall in the Sarasota area either early or sometime mid-Tuesday morning; that everyone is aware of the extreme variability in forecasting hurricane tracks and direct-hit areas due to recent hurricanes affecting the State; that the City must behave as if the worst case scenario could occur since sufficient lead time to react is required; that the Policy Group of all the local jurisdictions will meet on Saturday, September 11, 2004, at 2:00 P.m. in the EOC should the Emergency Declaration be issued todayi that discussions will then begin regarding the issuance and level of evacuation orders; that at this time the presumption is government offices will be open for business on Monday September 13, 2004; that the decision regarding closure of government offices can be revisited as late as the morning of Sunday, September 12, 2004; that the decision to close government offices could be made on Saturday if sufficient information is available; that meetings will be conducted with City Department Heads immediately after today's meeting to ensure the City's storm preparations are in place. Vice Mayor Servian asked if evacuation of people with special needs was discussed at the Policy Group meeting held at the EOC? City Manager McNees stated that the issue was discussed; that the decisions will be made at the 2:00 p.m. meeting on Saturday, September 11, 2004; that evacuations can be conducted Sunday and Monday; that the decision concerning evacuation of people with special needs could be announced Saturday; that the decisions made Saturday will be based on better information than presently available. Commissioner Bilyeu asked if the 2:00 p.m. Saturday meeting will be televised on AccessSarasota Channel 19? City Manager McNees stated no. 2. ADOPTION RE: : EMERGENCY ORDINANCE NO. 04-4583, DECLARING A STATE OF EMERGENCY DUE TO THE THREAT OF HARM ASSOCIATED WITH HURRICANE IVAN; PROVIDING FOR EMERGENCY SUCCESSION, i AUTHORI ZING PREVENTATIVE OR REMEDIAL ACTIONS BY THE CITY MANAGER; AUTHORIZING EXPENDITURE OF PUBLIC FUNDS; PROVIDING DRAFT ONE Page 28620 09/10/04 3:30 P.M. BOOK 57 Page 28621 09/10/04 3:30 P.M. AUTHORIZATION TO APPLY FOR STATE AND FEDERAL FINANCIAL ASSISTANCE, ; SETTING FORTH FINDINGS; ETC. (TITLE ONLY) ADOPTED (AGENDA ITEM II) CD 3:40 through 4:53 Vice Mayor Servian stated that the item is adoption of proposed Emergency Ordinance No. 04-4583, declaring a State of Emergency due to the threat of harm associated with Hurricane Ivan. Deputy City Auditor and Clerk McGowan read proposed Emergency Ordinance No. 04-4583 by title only. On motion of Commissioner Bilyeu and second of City Auditor and Clerk Robinson, temporarily acting as Commissioner in accordance with the Emergency Succession provisions included in Article III, Section 12, of the Charter of the City Of Sarasota, it was moved to adopt Emergency Ordinance No. 04-4583. Motion carried unanimously (4 to 0): Bilyeu, yes; McNees, yesi Robinson, yesi Servian, yes. Acting Commissioner McNees stated that Lieutenant Gerard Lacertosa, Jr., of the Sarasota Police Department (SPD), is present in the Chamber audience; that Lieutenant Lacertosa attended a briefing at the EOC regarding a re-entry system; that Lieutenant Lacertosa will provide a briefing regarding the re-entry system given the possibility, if not probability, of perhaps more wide spread damage and a wider evacuation than the City has had in the past; that Lieutenant Lacertosa is an anchor at the EOC working on behalf of the City; that Lieutenant Robert Smith and Captain Lawrence Kimball of the SPD also perform significant work at the EOC; that the efforts are appreciated. Lieutenant Gerard Lacertosa, Jr., SPD, came before the Commission, referred to placards of Sarasota County Re-entry Permits displayed on the Chamber monitors; and stated that Sarasota County in conjunction with the SPD created a task force to work on a re-entry system for certain areas having mandatory evacuations including the barrier islands, mobile home parks and low lying areas; that the re-entry placards will be hung from the rear view mirrors of vehicles; that the re-entry system is already in place with business owners, especially in the St. Armands Key area; that some type of identification and proof of having a residence or business in the location will be required from residents and business owners to gain re-entry; that an attempt will be made to deploy the re-entry system prior to the hurricane sO easy access back into the area will be available once the area is determined safe; that the re-entry placards are color coded indicating different colors for business owners, waterfront/barrier island residents, Sarasota County residents, and emergency first responders; that the 8:30 a.m., Saturday, September 11, 2004, EOC briefing will be attended; that Gregg Feagans, EOC Director for Sarasota County will provide the placards to him with instructions sheets; that evacuation routes will be set up as well as a staging area; that the Van Wezel Performing Arts Hall (VWPAH) could be used as a staging area on Saturday, September 11, 2004, or Sunday September 12, 2004; that residents can come to the staging area with proof of ownership of businesses or residences; that the proper placard will be issued; that police officers at the check point will not be required to take the time to stop each vehicle at the time of re-entry which will allow traffic to flow; that the individuals who do not obtain placards ahead of time will be diverted to a staging area prior to re-entry; that the information regarding the re-entry program and the staging area will be provided once the press briefings are finalized. Lieutenant Lacertosa continued that volunteers or police officers working in shelters or shelter workers themselves will have the placards and instructions for the re-entry available; that the re-entry system will be in place prior to allowing residents back in to the area; that people without placards or proof of residence will not be allowed back into the area; that the first objective is to protect lives; that the second objective is to protect property; that upon leaving the area, the public should rest assured personal property will be protected from looters and preventable damage. Vice Mayor Servian asked if more than one staging area for City residents will be necessary? Lieutenant Lacertosa stated yes; that a staging area will be placed near the re-entry route; that use of the VWPAH parking lot may not be possible if the hurricane hits the area; that the VWPAH parking lot may be under water sO identifying another location will be necessary; that the Ringling Shopping Center may be identified as a re-entry point; that a staging area may also be located close to mobile home parks; that the hope is to have as much of the re-entry system in place prior to an evacuation order; that some of the re-entry system is already in place with the business owners. DRAFT ONE Page 28622 09/10/04 3:30 P.M. BOOK 57 Page 28623 09/10/04 3:30 P.M. Commissioner Bilyeu stated that the hard work is appreciated; that the discussions concerning evacuation have been related to barrier island/waterfront and mobile home residents; that residents living farther east but not in evacuation zones may be in shelters to seek refuge; and asked for clarification regarding the manner in which the residents will seek re-entry once the hurricane has left the area? Lieutenant Lacertosa stated that residents cannot be kept in shelters against their will; that at the time an area is evacuated, such as the Oak Wood Mobile Home Park in Sarasota, the SPD is will be in the area; that SPD patrol vehicles will be in the evacuation area on a 24 hour basis; that no one will be allowed to come in and break into the residences; that a point will occur at which police officers will be required to leave the area due to safety reasons; that having police markings on a vehicle does not protect an officer from a storm; that police officers will be redeployed back to the evacuated locations once deemed safe; that the during Hurricane Frances which came through the area on Sunday September 5, 2004, a mandatory evacuation was issued for the mobile home parks; that fortunately the winds never became sufficiently high to necessitate pulling police officers off the City's streets; that some police officers on the Ringling Causeway Bridge were removed at one point due to high winds; that police officers were back in place Sunday evening; that the mandatory evacuation was lifted Sunday evening at 8:00 p.m.. and people were able to leave shelters. Lieutenant Lacertosa continued that police officers were in the mobile home parks assessing damage, flooding, loss of power, etc., prior to Sarasota County announcing the lifting of the mandatory evacuation; that a representative of Florida Power and Light (FPL) and the EOC also assisted; that the damage assessment information was sent back to the EOC and evaluated by all the cities and groups at the EOC, which included police, fire, public works, and emergency management personnel; that the determination was made to safely lift the mandatory evacuation; however, a recommendation was made to the evacuees to remain in the shelter until Monday, September 6, 2004; that police officers continued to patrol until mid-day on Monday; that people coming into evacuated areas are checked for proper identification; that no one is allowed through a check point into a mobile home park or a neighborhood if proof of residence is not provided; that patrols will remain in place until all residents have safely returned to the evacuated neighborhoods; that police officers will then be redeployed elsewhere. 3. ADJOURN (AGENDA ITEM III) CD 3:53 There being no further business, Vice Mayor Servian adjourned the Emergency meeting of the City Commission of September 10, 2004, at 3:53 p.m. MARK ANNE SERVIAN, VICE MAYOR ATTES ) KAREN B: -MCCOWAN, DEPUTY CITY AUDITOR AND CLERK DRAFT ONE Page 28624 09/10/04 3:30 P.M.