BCC Minutes 03/30/2002 E (Mandatory Water Restrictions)
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, March 30, 2002
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and
also acting as the Board of Zoning Appeals and as the
governing board(s) of such special districts as have
been created according to law and having conducted
business herein, met on this date in EMERGENCY SESSION
in Building "F" of the Government Complex, East Naples,
Florida, with the following members present:
CHAIRMAN:
Jim Coletta
Donna Fiala
Tom Henning
Fred Coyle
ORIGINAL
ALSO PRESENT:
Tom Olliff, County Manager
David Weigel, County Attorney
Jim Mudd, Deputy County Attorney
Paul Mattausch, Director,
Collier County Water Department.
Tom Wides, Acting Utilities Administrator
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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March 30, 2002
4:00 P.M.
Collier County Government Center
Naples, Florida 34120
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. 99-22 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 BE LIMITED TO FIVE (5)
MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY
THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
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March 30, 2002
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, (941) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
1. Proclamation of the Bee to declare a state oflocal emergency and the enactment
of a mandatory ban on certain uses of the county's potable water resources.
Res. 2002-164 - Adopted
2. Adjourn
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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March 30, 2002
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CHAIRMAN COLETTA: Ladies and gentlemen, we're
calling this emergency meeting today to declare a
state of emergency and to approve mandatory
irrigation and other non-essential water
restrictions.
This is from the result of an operational
issue at our -- one of our local water plants.
Would you care to take it from there, Mr.
Olliff?
MR. OLLIFF: Yes, sir. Actually, I think
probably the better thing to do, Mr. Chairman,
would be to look to your county attorney and get
him to walk the board through from a general
perspective the procedures for an emergency
hearing. And then we can have Mr. Mattausch and
Mr. Wides give you an update on the exact current
situation out at your water plant.
CHAIRMAN COLETTA: Mr. Weigel?
MR. WEIGEL: Thank you, Mr. Chairman.
You're here today to consider the declaration
of a state of local emergency relating to water
resources of the county. And you are also sitting
here today, not only as the Board of County
Commissioners, but as ex officio, the governing
board of the Collier County Water and Sewer
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District.
It's rather unusual to have the Board of
County Commissioners convene on such short notice.
Obviously it puts me on heightened review In regard
to Sunshine law issues. To have you come in and
meet at such short notice potentially may put you
at risk, and I want to assure you that my review is
such that I want to remove questions and issues of
risk for you in that regard.
This is not a meeting to come In and determine
that you mayor may not have the opportunity to go
after grant funds or things of that nature. This
has to do with the public health, safety and
welfare of the community of Collier County. And
therefore, you are called here today at the
invitation of the county manager and with the
review and concurrence of the county attorney,
based upon the Emergency Procedures Ordinance of
Collier County. And that is ordinance number
84-37. It's been in effect since 1984.
And the resolution that you will have before
you to consider includes some of the language that
I'm going to read to you right now that comes from
84-37. And it indicates that, "Pursuant to Florida
Statutes Chapter 252, which authorizes the waiver
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of procedures and formalities otherwise required of
political subdivisions to take whatever prudent
action is necessary to ensure the health, safety
and welfare of the community in the event of a
state of emergency."
That is what we're under here today.
You do
have a quorum that's present so, therefore, having
a quorum, the board will act as a quorum.
If a quorum had not been convened, then the
ordinance provides for the county -- chairman of
the county commission, or in his or her absence,
the vice-chairman of the county commission, or in
his or her absence, the county manager to in fact
initiate procedures and declaration of local state
of emergency.
Since we have the quorum, you are here.
This
procedure is in fact live on TV right now. We do
have a member of -- at least one member of the
print media here who's been on notice to be here at
this point in time.
We wish we had more opportunity to go forward,
but there is a very serious and significant dynamic
with the facilities and the services that the
county is endeavoring to continue to provide.
So with that introduction, you have the
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opportunity at this point to receive the
information that the county manager's staff will
provide you concerning an emergency.
It will ultimately be your consideration and
determination, if in fact to declare a state of
local emergency. And in doing so, the county
manager or I, depending on who wishes to go
forward, can walk you through what In fact your
motion may entail at that point in time.
And with that, I'll turn it back to Tom.
MR. OLLIFF: Thank you, David.
Mr. Chairman, I've got Tom Wides, your acting
public utilities administrator, and Paul Mattausch,
the water department director here who can give you
a snapshot of how we got to where we are and where
we exactly are at this point in time.
MR. WIDES: Commissioners, good afternoon.
Tom Wides, for the record.
In fact, as has been noted, we are before you
today to ask you to consider declaring a state of
emergency, given the operational difficulties we've
had in recent weeks at our water plant.
In particular, I will ask Paul Mattausch, our
director of the water department, to give you an
update on what has happened over the last few
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weeks, and also the remedial actions that have been
taken and some comments further on the longer term
activities as we go forward.
this over to Paul.
If I may, I'll turn
CHAIRMAN COLETTA:
Please.
MR. MATTAUSCH:
Good afternoon,
commissioners.
For the record, Paul Mattausch, director of the
Collier County Water Department.
Just to bring you up to date, current, as of
4:00 today -- backing up, as you know, in February
you took emergency action to get us into a design
build on some wells to replace some wells that
water quality over a period of time had degraded to
the point where it was no longer productive to run
those wells.
We have since that time begun actual drilling.
They're on a test hole right now to begin proper
siting and proper design of those wells.
Up until about 17 days ago, we were doing
fairly well as far as water supply was concerned.
At that point we had a problem in a well in the
Tamiami wellfield. We had a casing failure in a
well. It's just one of those things. The well was
approximately 20 years old and the casing failed,
for some unknown reason. And possibly age. When
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we get with water -- large public water supply
wells, they have a certain lifetime. And we have a
number of wells that are approaching that lifetime
in the original production wells in our Tamiami
wellfield.
We have addressed that in the master plan.
The master planning process, we have two new wells
per year that have been programmed into the master
plan, so that we can begin replacing some of the
older wells in our system.
Then after the casing failure -- and by the
way, I do want to glve you a current status of that
particular well. That particular well had to be
redrilled, new casing put in, new pump and motor
put in. That well went on line yesterday
afternoon. So we have that well back as of late
yesterday afternoon.
We had then Tuesday of this week really a much
more critical situation develop in the North Water
Treatment Plant. We had a motor burn out.
200-horsepower electric motor. That motor failed.
When that motor failed, that took two million
gallons a day of treatment capacity off line.
We went to our contractor that does
rebuilding, reconstruct of electric motors. They
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put that on what they term a hot rush to get that
back to us. That came back. It was physically In
the plant about 11:00 this morning and actually
on-line and producing water as of about 3:00 this
afternoon. So we were able to get that motor back
In place and back into production.
Then on Thursday afternoon, I guess the last
piece of the puzzle hit us, and that was one of the
other skids in the membrane softening portion of
the North Water Treatment Plant developed some kind
of membrane fouling. What happened, the filter
plugged up and we couldn't produce water. We
couldn't push water through the plugged up filters.
So when that -- when that went off-line on
Thursday afternoon, we had a skid sitting next to
it that didn't have a motor on it, but was a
workable skid. So my staff and contractors got
that motor switched over in about three hours time.
And we took the motor off of the skid that had the
fouled membranes, or the plugged up filters, took
the motor off of that and put it in place on the
other -- on skid next to it and got that two
million gallon a day capacity back on line in about
three hours. However, that still leaves us with a
skid that is off-line and has some filter fouling.
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As of 3:00 when we got the motor back in
place, we have placed that skid back into
production, although the production is
significantly lower than what it should be
producing. That skid should produce two MGD. I
just made a telephone call just as we started the
meeting. That skid lS producing about 1.3 MGD
instead of two MGD, so we have lost about 0.7 MGD
capacity on that skid.
So we are doing everything possible at this
point to address each one of these individual
mechanical problems that have come up, one on top
of another, that have really placed us in a serious
situation as far as our storage is concerned.
I did pass out to you, and I think this is
I think this is on it. And on this -- on the
visualizer, obviously the numbers are very
difficult. They're small numbers. Thank you, Mr.
Olliff, for assisting me on that.
As of 4:00, I wrote in a number that you
didn't have, because when I left my office to get
here, I had numbers through 3:00. I called the
number -- I got a number by telephone for 4:00.
We've gained a little over a half a percent in the
last hour. We've gained up to 21.99 percent.
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Understand, the 21.99 percent lS approximately
one-fifth of our storage capacity. And it is a
very tenuous situation to be in. It is a situation
where if we have one more failure, or if we don't
get the cooperation of the public on conservation
efforts, that Iowa storage places us in a serious
situation as far as being able to fight any major
fire in the system. And that is my very serious
concern at this point, and that's why we are here.
I do have you know, the health and safety
and welfare of my customers lS the highest
priority. And my inability at this point to
provide water for nonessential uses has been
severely hampered.
Again, I want to stress to you that we have
sufficient capacity to meet the needs of the
customers for essential uses. And essential uses
would be cooking and drinking and flushing toilets
and fighting fires. I don't think at this point an
essential use is irrigation of lawns.
So that's why I'm coming to you today, because
approximately 40 percent of our daily demand this
time of year, drinking water, doesn't go to
drinking water, it goes to lawns. And so we need
to at this point curb the irrigation that's going
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on In the system.
I had the other -- the one other thing that I
passed out to you was this sheet. And if you'll
look down the two green numbers down near the
bottom of this sheet and the one red number right
next to it is the left-hand column is the amount
of water that we produced on an average day through
29 days of the month of March. You can see that we
produced about 26 million gallons a day.
The number to the right of it is what we
have -- what our customer demand has been. It's
about 26 and a half million gallons a day. The
number in red is the deficit through the 29 days of
March and our ability to supply water to the
system. We have lost through 29 days of March
0.5 million gallons a day. What that equates to,
one million gallons a day is approximately -- and
again, we've got about 29 and a half million
gallons worth of storage, so one million gallons a
day is I think about eight or nine percent,
something like that. I didn't run that number, I
don't have that right off the top of my head.
But I think you can see that we're operating
at a deficit right now of being able to produce the
water that we need to.
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The other thing that I wanted you to look at
are the two numbers on the -- in bold on the lower
right-hand side and the one in blue.
Right now a lot of people are still adhering
to -- and we're really happy that a lot of people
are voluntarily adhering to the Phase II
restrictions that were lifted on October 10th of
last year. And you can see that our current -- if
you look at the pattern, the two days of irrigation
and then a day of non-irrigation, two days of
irrigation and then two days of non-irrigation,
through the pattern, the gray blocks that you see
going down the page, if you take a look at that,
our average what would have been an irrigation day
and the average non-irrigation day is three million
gallons a day difference, okay, in what would have
been an irrigation day.
So you can see how much of our water we know
lS going to irrigation. If I had that three
million dollars -- three million dollars, if I had
three million dollars I wouldn't be quite in the
position I am right now.
But if I had that additional three million
gallons of water a day, we wouldn't be here this
afternoon talking about this situation that we're
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currently in.
COMMISSIONER FIALA: May I ask a question?
Well, actually it combines a three-prong question?
MR. MATTAUSCH: Certainly.
COMMISSIONER FIALA: What about the automatic
reuse water that developments use, and it
automatically goes on but it's all reuse water? Is
that also to be shut off?
MR. MATTAUSCH: No. What you have before you
is the usage of potable water, drinking water for
irrigation systems.
COMMISSIONER FIALA: I just wanted that to be
on the record.
And the second thing is --
MR. OLLIFF: Can I follow up on your
statement? Because I think it's very important for
the community and public to understand, this is for
the Collier County water/sewer district only. And
as part of the packages that we provided to the
media, we included a map of exactly what are the
boundaries of the Collier County water and sewer
district, and that does not include the City of
Naples, it does not include the City of Marco's
utility system, nor does it include Florida City's
water systems. So this is only a restriction that
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relates to the Collier County Water and Sewer
District.
MR. MUDD: Or Immokalee.
MR. OLLIFF: Or Immokalee. It does not
include the Immokalee district, right.
COMMISSIONER FIALA: Does this include the
watering of agriculture products? And does it
include golf courses In this restriction?
MR. MATTAUSCH: Let me answer the second one
of those first. If a golf course is using potable
water to irrigate, yes, it is inclusive of golf
courses. It is usage of potable water for
irrigation.
I don't think that we have really addressed
the use of water for agriculture purposes because
most agriculture purposes are under their own
consumptive use permit from South Florida Water
Management District and therefore would not fall
under the restrictions that we have.
This is our consumptive use permits for
Collier County Water and Sewer District that we're
concerned with. So if there is an agriculture user
that has a separate consumptive use permit, this is
not applicable to that irrigation.
CHAIRMAN COLETTA: Commissioner Henning.
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COMMISSIONER HENNING: Two questions. And I
need to get this one straight.
What you're telling us, this is an equipment
failure. Does it have anything to do with the
capacity in our aquifers?
MR. MATTAUSCH: Yes, sir -- well, no, it does
have something to do with the current condition of
the wells. It doesn't have anything to do with the
capacity of the aquifers.
COMMISSIONER HENNING: Okay. And when I say
the wells, that is what I'm considering equipment.
MR. MATTAUSCH: That's correct. That is
absolutely correct, Commissioner.
COMMISSIONER HENNING: Because that's one
thing that we need to consider when we make
decisions up there up here. And, you know, we
depend on the guidance of the experts, and that's
who you are.
How long would you -- are you recommending
this emergency -- irrigation emergency take place?
MR. MATTAUSCH: We are asking that this be
through April 5th, Friday, April 5th, one week from
yesterday.
CHAIRMAN COLETTA:
COMMISSIONER COYLE:
Commissioner Coyle.
What is the historical
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usage after the 1st of April? Do you have
information on that?
MR. MATTAUSCH: Yes, we do. Historically over
about the last five years, the difference between
the March average day and the April average day is
approximately one and a half million gallons a day
less.
COMMISSIONER COYLE: And that is sufficient to
get us back even?
MR. MATTAUSCH: Yes, it is.
MR. OLLIFF: Well, beyond that, I believe the
mechanical repairs to both the well pumps and the
skids at the water treatment plant will be more
than sufficient, as what you have is a series of
mechanical events that happened to occur at the
same time, that happened to occur at your peak
season.
COMMISSIONER COYLE: And that lS an unusual
circumstance.
Is there anything that we can do that we do
not already have planned to assure us of the
necessary redundancy with respect to future
failures of equipment?
MR. MATTAUSCH: We are working on that. We
currently have brought before you, and you have
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approved, five additional wells in the Tamiami
wellfield. Those wells were in the process of
designing and permitting, and so we are addressing
the redundancy issue in the Tamiami wellfield.
The four wells that we had brought to you In
February on an emergency design build are not
redundant wells. Those are to replace existing
wells. And we will need to come back to you when
we have those wells in, to ask you for some
redundancy in the Hawthorne wellfield also, so that
we don't have that problem from here on out.
What you will also see in the budget request
when we submit that, and we are already working on
that, we need to have a certain minimum number of
motors in our inventory, so when this happens a
200-horse motor costs about $14,000. $14,000 in my
business of supplying water 24 hours a day, 365
days a year to the customers and being able to
provide the safety and health and welfare of
customers and being able to fight fires in my
business, $14,000 is pretty cheap lnsurance. If I
had had that motor on the shelf and had been able
to get that, we would have been in about five days
earlier on replacing that motor, and we probably
would not be here today.
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COMMISSIONER COYLE: Is there something
prohibiting you from having an extra motor or two
extra motors? Do we have to authorize the
expenditure, or do you have authority to do that
now?
MR. MATTAUSCH: I think right now we are
working through that. And in fact I think we have
an order, purchase order, in the process for that.
We have gotten three quotes already for that motor.
We -- additionally there is an emergency
purchase order that has been placed for some
replacement membrane elements, filter elements,
because we know that we damaged some filter
elements when the filters plugged up. We've been
in close contact with Tricept (phonetic) of
California, that's the manufacturer of the
membrane. We've been on the phone constantly with
them on how we can place the skid back on line at a
reduced rate right now, and how quickly we can get
membrane elements here.
They have to be manufactured. They are not
the kind of thing that can be placed on the shelf.
So they're manufactured and they have told us 10
days, which is now nine days.
CHAIRMAN COLETTA: Mr. Olliff?
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MR. OLLIFF: To specifically answer your
question, we can and have authority to make
emergency purchases. So the replacement of a pump
that has gone down in this particular case, we
probably have the administrative authority -- we do
have the administrative authority to do.
To purchase those redundancy pumps that will
need to sit on the shelf, we're going to need to
come back to you with those. We're ready to come
back to you with an entire redundancy plan of a
number of things.
I mean, we have always been in a position to
be able to handle the single failure, probably the
double failure throughout the system. I guess we
need to be in a position to be able to handle
quadruple failures, because that's really In
essence what you're looking at today.
CHAIRMAN COLETTA: Go ahead.
COMMISSIONER COYLE: If there are different
motors and different pumps, I really do recommend
that we have a number of those in stock, sitting in
our shelf for emergency use. I appreciate the fact
you can't do that with the auto (sic.) filters, but
is there a way of shortening the delivery time of
our old filters?
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MR. MATTAUSCH: Ten days is a very short
delivery time. They were In production actually, I
believe, and I don't want to get the story wrong,
but for Fort Myers or Lee County, they were in
production on some membrane filters that were
headed this way shortly. And we may be able to
work a trade with them on membranes. But 10 days
is very short. Normal for this kind of thing is
four to six months. So we feel real good that
we've gotten the manufacturer to cut that to 10
days.
COMMISSIONER COYLE: I can see how that will
create a real problem if we have failures of this
in the future. If we must wait for a long time to
get filters, and yet we can't stock them on the
shelf. Is there any way of storing them for some
period of time? Is there any method of preserving
them?
MR. MATTAUSCH: Yes, there is a preservation
process. It's not for any great length of time,
Commissioner. So, you know, really you're kind of
at the mercy of having them produced when you need
them. And I
MR. OLLIFF: Well, one of the things we are
doing is at least pursuing with the manufacturer to
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see what opportunities we might be able to have to
have a contract with them, where for a price we can
be guaranteed a certain shorter delivery time --
COMMISSIONER COYLE: Good.
MR. OLLIFF:
-- in an emergency case. And
that's really the only other option that we could
come up with.
MR. MATTAUSCH: Commissioner, we're going
to
CHAIRMAN COLETTA: If I may, a couple of
things I'd like to do, is you mentioned the fact
that we're dealing with the present situation.
Some time ago we did see the graphs that
showed at this point in time we were going to be
coming, as I think Mr. Mudd put it, a little close
for comfort. And this was shown to us some time
ago. The master plan's in place, and the line's
supposed to go out from here.
So I have all the confidence In the world that
we're going to be doing everything possible past
the point to be able to make sure that we won't
have this as an ongoing reoccurrence on a regular
basis.
But there are a couple of things I'd like to
bring up for consideration as part of what we're
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trying to do here today.
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It's not the fact that
people may have low water pressure. The fact is
they may run out of water, which is serious, but
not as serious as the lack of fire protection.
So I would suggest that we include in this
notification to the independent fire districts that
they may want to go on to a heightened state of
alert, to be able to be prepared for any kind of
emergency that may evolve, just in case that we
come up short that they're totally aware of what
the situation lS. One.
Number two, that we take all available code
enforcement officers, bring them into work and have
them out in the field to make sure that this
ordinance -- that this emergency decree is followed
through.
And number three, to get ahold of Don Hunter
and ask him if he'll make a commitment to see that
his deputies will assist us in the projected -- or
the possible trouble area to make sure that these
water restrictions are firmly in place.
MR. OLLIFF: We will be sure to notify the
fire departments about the situation that we are
currently in.
One of the reasons that you are here is
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primarily to protect our ability to provide water
for fire departments. But we will make sure that
they are very much aware of where we are.
We are intending and have already coordinated
with both code enforcement and the sheriff's
department in terms of the enforcement aspect of
this. And assuming the Board goes through with
adopting these emergency restrictions, both
agencies will be out in the field beginning this
evening to make sure that we follow up on the
enforcement side.
MR. MATTAUSCH: And let me add to what Tom
said as far as working with the fire districts. We
have already, I think about two weeks ago, notified
the fire districts of the situation. We notified
them that they may find the pressure is lower. We
notified -- in fact, Carl Reynolds was on the phone
with me yesterday afternoon about COring a
building, and he was aware of our situation when he
called me.
But we are working with them. They have
emergency numbers where if they have a fire, they
have emergency numbers to get ahold of us and we
can increase pressure for that short-term period of
time when they need to fight a fire. But we do
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work with them.
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: No questions or
comments. And if there's no other, I'll go ahead
and make a motion.
MR. MUDD: Commissioner, can I get one thing,
just mention one thing? Jim Mudd, deputy county
manager.
Yesterday we put out a press release and we
asked the public to voluntarily stop irrigation and
that process. I will tell you on the sheet right
here, if you take a look at the one that's sitting
there, if you look at the fifth column from the
right, you'll notice that the percentage of water
that was available reached a peak at around 3:00
a.m. this morning at 34.3 percent, and then it
dropped like a rock because people had their
irrigation systems on. And we got to a low of
20.5.
And we've made the turn because people have
woken up and shaved and got on with their lives
during the day. And we're starting to gain as far
as production and putting it back in the
distribution system.
We can ill afford tonight to have it drop like
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a rock again. Because we're not going to get back
up to 34 tonight, 34 percent capability. We're
going to be someplace in the twenties. And have it
drop again is extremely low as far as our reserves
are concerned.
The voluntary part of the irrigation process
that we tried, and In the past it did work, it did
not work last night. And that's one of the reasons
that you're here today.
MR. MATTAUSCH: I think -- and Tom said
something to me here. I think I need to place into
the record here too that we are preserving pressure
for firefighting capacity, for firefighting
capable. We have lowered pressure in the system.
We can't lower pressure any more than we currently
have.
The reason why we have lowered pressure lS
that reduces demand. When a faucet lS turned on or
an irrigation system is turned on, not as much
water pushes through it at a lower pressure. But
we are at a point where I can no longer safely
lower pressure.
CHAIRMAN COLETTA:
Thank you.
Well, we now have a motion on the floor.
Would you like to comment, Mr. Weigel?
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MR. WEIGEL: Yes. Thank you, Mr. Chairman.
And that is we have provided a draft, a
proclamation resolution, pursuant to statute and
our county ordinances for you. And you'll note
that it has five numbered paragraphs in the
operative section, the now therefore part.
And either for clarity -- it may be certainly
nice and informative if in fact you would walk
through those one through five to make sure before
you actually vote on the motion, that you are
assured or find that those meet your -- the
language that you would like to have imposed. And
also -- pardon the frog in my throat -- also the
whereas paragraphs there again talk about why
you're here. And I would appreciate -- I know this
is a little different than the normal meeting, but
it is different than the normal meeting. I would
appreciate it if in fact in adopting the
proclamation resolution that you would at least
refer to those whereas's. If not, I'll
COMMISSIONER HENNING: Read it.
MR. WEIGEL: -- restate those issues that are
there in regard to the public health, safety and
welfare. Because that's what's got you to this
meeting today.
Page 27
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Again, one through five are the operative
parts. You may want to walk through. We intended
to provide in paragraph number four some
clarification and assurance to those geographical
or jurisdictional areas where this retriction by
the Board of County Commissioners would not apply.
And it may be that that is -- it's meant to be
fairly inclusive. But if we've left something out
or need further clarification we can
CHAIRMAN COLETTA: I think it would be a good
idea at this point in time to have this actually
read into the record, especially for our viewing
audience out there.
COMMISSIONER HENNING: You ready?
CHAIRMAN COLETTA: Would you like to go ahead,
Mr. Henning?
COMMISSIONER HENNING: Thank you.
Proclamation of the Board of County
Commissioners of Collier County -- proclamation of
the Board of County Commissioners of Collier County
to declare a state of local emergency: and enact a
mandatory ban on certain uses of county's potable
water resources.
WHEREAS, pursuant to Collier County Ordinance
No. 84-37, and Chapter 252 of the Florida Statutes,
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which authorize the waiver procedures and
formalities otherwise required of waterfall
subdivisions to take whatever prudent action lS
necessary to ensure the health, safety and welfare
of the community In the event of a state of
emergency: and
WHEREAS, the Board of County Commissioners and
ex officio of the government board of Collier
County Water and Sewer District, have been duly
advised at the public meeting, and have determined
that the interest of the public health, safety and
welfare of the community require that a
determination and declaration of a state of local
emergency pursuant -- pertaining to the use of the
county's potable water resources; and
WHEREAS, there is a need to impose certain
specific limitations and restrictions upon the use
of potable water of Collier County Water and Sewer
District system for a limited period of time.
NOW THEREFORE, be it hereby proclaimed by the
Board of Commissioners the Board of County
Commissioners and ex officio of the government body
of Collier County Water and Sewer District that.
1) A state of local emergency is declared and
shall apply to all areas of the county -- Collier
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Page 29
County that is serviced by Collier County Water and
Sewer District.
2) During the state of local emergency, it
shall be unlawful and an offense against the county
for one person to use the fresh potable water
supply by the county for the purpose other than
cooking, drinking or bathing.
3) Penalties for the violation of this state
of local emergency shall be provided in Ordinance
83-37.
COMMISSIONER FIALA: 84-37.
COMMISSIONER HENNING: 84-37. Thank you,
Commissioner.
4) That the state of local emergency does not
apply to customers serviced by the City of Naples,
the City of Marco Island, Everglades City and those
areas serviced by private water service providers.
5) The proclamation/resolution shall be
transmitted to the Collier County Sheriff's Office
and the code office of -- the Collier County Office
of Code Enforcement.
COMMISSIONER FIALA: Could we just add one
word to paragraph two, include (inaudible)? I
mean, I would like everybody to go --
CHAIRMAN COLETTA: Right, I don't -- there's
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Page 30
no way you can enforce that. But you just said it
and we can say it again.
COMMISSIONER FIALA: No, I mean just adding it
so that they can do it.
COMMISSIONER HENNING: I'll add that to my
motion.
COMMISSIONER FIALA: Thank you, I'll second
it.
COMMISSIONER HENNING: We have a motion and a
second.
CHAIRMAN COLETTA: We have a motion, we have a
second. Comments. Any comments?
MR. WEIGEL: There is in fact one additional
paragraph that you're resolving also, as you flip
your page there, for the record.
COMMISSIONER HENNING: Turn the page.
MR. WEIGEL: Thank you.
COMMISSIONER HENNING: Be it further resolved
that the Board of County Commissioners hereby
exercise its authority, pursuant to Collier County
Ordinance 84-37, and waives the procedures and
formalities required by law of a political
subdivision as provided in Chapter 252.38 (A) (5)
Florida Statutes. This proclamation/resolution is
adopted after the motion and second and a majority
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vote.
MR. WEIGEL: Okay. I have one last comment.
I apologize to jump back in again, but we've talked
in terms at the discussion of the meeting today for
a definite term of this state of local emergency.
And I believe it was stated to be to or through
next Friday, that is April the 5th, is that
correct? And we would -- with your concurrence and
motion, we would make that part of this resolution
also, so that it has a definite termination date,
which would be the end of the calendar day of April
5th.
MR. WIDES: Commissioner, just a minor
correction. It is, as we come forward to you, is
Friday, April 5th, 6:00 p.m. is what we have in the
exec. summary.
COMMISSIONER HENNING: Do you feel comfortable
with that?
MR. WIDES: At this point In time I think we
feel comfortable.
COMMISSIONER HENNING:
motion, Mr. Chairman.
COMMISSIONER FIALA: And I'll include that In
my second, along with that last paragraph.
CHAIRMAN COLETTA: Thank you.
I'll include that In my
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COMMISSIONER COYLE: And that would be
included in paragraph one, that restriction? To
read
MR. WEIGEL: That's fine.
COMMISSIONER COYLE: -- a state of local
emergency --
MR. WEIGEL: We can put it right in one. It's
as good as any place.
CHAIRMAN COLETTA: Alright, we have a motion,
we have a second. I'm going to ask for comments.
I'll start with you, Commissioner Coyle.
COMMISSIONER COYLE: No comments.
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: Nothing.
CHAIRMAN COLETTA: Commissioner Fiala?
COMMISSIONER FIALA: None.
CHAIRMAN COLETTA: I just want to remind
everybody that this is a state of emergency and
that we will have code enforcement out there, we
will have the Sheriff's Department actively looking
for violators. We're asking for you to please
cooperate till we get through this emergency.
With that I'll call for the vote. All those
in favor, indicate by saying aye.
The ayes have it 4-0.
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If there's no other business before us --
MR. OLLIFF: No, sir.
CHAIRMAN COLETTA: we are adjourned.
There being no further business for the good
of the County, the meeting was adjourned by order
of the Chair.
9
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
/1W
~;-
JAMES COLETTA, CHAIRMAN
PREPARED ON BEHALF OF GREGORY COURT
REPORTING SERVICE, INC., BY CHERIE' R. NOTTINGHAM,
NOTARY PUBLIC