BCC Minutes 12/07/1994 S (Naples Park Drainage)SPECIAL MEETING OF DECEMBER 7, 1994,
OF THE BOARD OF COUNTY COHMISSIONERS
LET IT BE REHEHBERED, 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 at 5:05 p.m. in SPECIAL SESSION in Building
"F" of the Government Complex, East Naples, Florida, with the following
members present:
VICE-CHAIRPERSON:
CHAIRMAN:
Bettye J. Hatthews
John C. Norris
Timothy Hancock
Pam Hac'Kie
Timothy J. Constantine (Absent)
ALSO PRESENT: Ken Cuyler, County Attorney
David Weigel, Assistant County Attorney
Item #3A
RECOHMENDATION TO CONSIDER THE ADOPTION OF AN ORDINANCE AMENDING
COLLIER COUNTY ORDINANCE NO. 91-24 BY EXTENDING THE MORATORIUM
PROHIBITING THE INSTALLATION OF DRAINAGE CULVERTS INCLUDING PIPES OR
OTHER APPURTENANCES WITHIN THE SWALES IN THE PUBLIC RIGHT-OF-WAY OF THE
AREA GENERALLY KNOWN AS NAPLES PARK UNTIL DECEMBER 31, 1995 - SECOND
PUBLIC HEARING TO BE HELD DECEMBER 21, 1994
COHMISSIONER NORRIS: I'll call the Wednesday, December
7th, 1994, meeting of the County Commission to order. This is the
first of two public hearings.
We're going to need the sound.
COHMISSIONER HANCOCK: We're on.
COHMISSIONER HAC'KIE: We're there.
COHMISSIONER NORRIS: This is the first of two public
hearings, the recommendation to consider the adoption of an ordinance
amending Collier County Ordinance Number 91-24 for extending the
moratorium prohibiting the installation of drainage culverts including
pipes or other appurtenances within the swales in the public right of
way of the area generally known as Naples Park until December 31st,
1995.
Mr. Boldt, if you would, please.
MR. BOLDT: I'm John Boldt, your county storm water
management director. I guess for the benefit of our two new
commissioners, I'd like to give just you a brief background of this
project going back to about the middle '80s. There was a group of
interested property owners interested in closing the ditches, the
large outfall ditches along 91st and 92nd Avenue and along 8th
Street.
The one between 91st and 92nd runs down between their
backyards up along 8th Street. About that 100 Street it splits, goes
south above the east side, and on the northern portion is basically on
the west side and goes north across lllth in the Cocohatchee. Those
are the two canals that are proposed to be enclosed. And what -- this
kind of precipitated this whole thing.
There was a preliminary study done back at that time at
the direction of the commissioners by the firm of Agnoli, Barber &
Brundage. And as a result of that we moved forward and did an
environmental assessment of the area. And then there was a series of
public hearings held back in the late '80s involving civic groups and
just general public information meetings trying to inform the public
of what was involved.
And as a result of that commissioners authorized us to
prepare the detailed construction plans for this project. And we have
those construction plans prepared. They're on the shelf. We have the
bidding documents to actually construct this. We do have all the
easements we need to construct these two outfall systems. And we have
the two agency permits we need. The one from South Florida Water
Management District has been extended recently. It now expires August
10th of '95. And the one that was issued by the Florida Department of
Environmental Protection was issued back in 1990 and expires next
August 30th of '95. So those two permits are coming up for expiration
next August.
The deed permit when it was issued had a special
requirement, special condition in it that required that we place a
moratorium on the practice of installing culverts as lawn enclosures
in Naples Park in the roadside ditches. And I think their thinking at
the point in time was this is an older project, dates back in the
1950s. There really is no water management system as we understand
today. There are no series of lakes and culverts and retention areas,
control structures. That just wasn't done back in those days.
Although, really, the retention we get and water quality improvement
we get is in the roadside ditches, the swales.
There are some -- approximately 20 miles of avenues and
streets in Naples Park with one on each side, swales on either side.
We have about 40 miles of swales. And included in those are all the
retention and water quality treatment, the ground water percolation,
the scrubbing of the water. And I think that was the thinking behind
DEP's requirement. In order to enclose these two large ditches, which
are the outfall, and give up the volume of storage we had and what
little water quality treatment we were getting, they required that we
prohibit any more enclosures of those roadside swales.
So that ordinance was put into effect back in 1991.
It's Ordinance 91-24. And this will be, I think, the third time now
we've asked you to extend it for at least one additional year. At
this point in time, the project supporters are prepared to start
circulating a petition that they would submit to you to create either
a special assessment district or special taxing district to pay for
this proposed enclosure.
It's about a $3.8 million project to enclose the primary
system. The pipes range from anywhere from like 36 inches up to 84
inches in diameter. So it's a pretty significant improvement.
They've been hesitant about circulating these petitions because they
didn't know about what it was gonna cost for each individual property
owner out there.
I'm planning to present to you a preliminary cost
allocation methodology on your regular meeting on Tuesday, December
20th. That will be a daytime meeting, your normal agenda. That will
be one day before we have a second of these evening public meetings.
At that meeting I'll be outlining to you at least my proposed
methodology how we might asses the cost there based on the size of
property, the amount of runoff, and allocation of benefits according
to who's receiving what.
Extending the moratorium then for one more year would
give the project supporters time to gather the petition. And we'll
also keep the DEP permit intact. This moratorium's about to expire at
the end of this month. If it expires, in reality, the DEP permit
would be in violation then and would be null and void. So extending
would keep the permit open at least till August, at which time I'm
sure we'll be back to you with petitions if they can gather them. And
we'll have a better -- clear idea of how the project's going to go.
So that's a brief background of where we've been and
where we're at today. And I'm open for any questions at this point.
COMMISSIONER NORRIS: Mr. Boldt, if the two permits
expire in August '95 and the project is not ready to go forward at
that time but the residents feel that they will go forward with it,
what would be the possibility of extending those permits past August
'95?
MR. BOLDT: I think it would be a very good possibility
we could do it if we can show these agencies why we've been delayed
and, well, we've got these things under motion and things are going to
start happening.
COMMISSIONER NORRIS: In any case the -- between now and
August is certainly more than ample time for the citizens to get their
petitions together.
MR. BOLDT: Right.
COMMISSIONER NORRIS: If their petitions were together
and the taxing assessment district was set up, then in all likelihood
the permitting agencies would take that into account and hold those
permits open.
MR. BOLDT: Yes, sir.
COMMISSIONER NORRIS: The other thing is you mentioned
you would have that methodology on payment and the costs to present to
us on the 20th?
MR. BOLDT: Correct.
COMMISSIONER NORRIS: So we won't discuss that part
tonight at all.
MR. BOLDT: I prefer not. I think it's subject to
public notice.
COMMISSIONER NORRIS: Mr. Hancock.
COMMISSIONER HANCOCK: Mr. Boldt, as I see the problem
-- and understandably I've talked about this and heard about this
over the last few months. There are two elements to this problem, and
I have a different question on each.
The first is concerning the main drainage system which
is along 8th and then again between 91st and 92nd. As I understand it
we're looking at two key elements. We're concerned about the
sufficient conveyance of storm water between 91st and 92nd while
eliminating the existing erosion problem, okay? And my question on
that is, do you feel that the system set forth by Agnoli, Barber &
Brundage to do that, the design of that is the most inexpensive way to
accomplish those two objectives?
I know there are -- there's more than one way to skin a
cat. And before we get to talking about dollar amounts and looking at
doing an assessment in Naples Park, I want to make sure we're getting
the biggest bank for the buck and we're not over-designing a system --
in other words, buying a Cadillac when a Yugo will get us there.
MR. BOLDT: To accomplish the two goals, to provide
flood control and drainage we need for the area and also to prevent
the erosion, a closed pipe would be the best alternative, I feel.
COMMISSIONER HANCOCK: Okay. So there's no -- to your
knowledge there's no way to do an open conveyance system that's been
stabilized without a concrete or other products that is going to keep
these folks backyards from finding their way to Vanderbilt Lagoon?
MR. BOLDT: That's possible. You could use a
concrete-lined canal. But you can get to looking at the cost and
maintenance involved and the fact you still have a large open drain
with water flowing through it. It's still rather unsightly.
COMMISSIONER HANCOCK: Okay.
MR. BOLDT: I still think a closed pipe is the best
alternative.
COMHISSIONER HANCOCK: Okay. The second question I have
is regarding the covering of the residential swales. I understand DEP
is concerned that these swales are used for percolation and probably
about the only way that we can perk water in Naples Park without
conveying it down to 91st and 92nd. Have we addressed the property
owners being able to install a half-pipe system instead of a fully
enclosed pipe where the percolation still continues but they're
allowed to have some simulant of a lawn in their front yard?
MR. BOLDT: Well, that's one element of what, I think,
DEP would be concerned about. They're also concerned about the volume
of storage we're losing, just plain detention/retention. When you
take a large ditch or swale and put a small diameter of pipe in it and
fill the rest, you're using that volume of storage. Plus the fact
that if you have a large grassy swale, when you run water through it
there's a certain scrubbing action.
And then the third element is what you addressed is the
percolation. It's hard to accomplish that through one pipe. If you
were to put a diameter pipe in there with an open bottom, you could
accomplish the percolation portion, but you've lost the storage and
you've lost that scrubbing action.
I really can't speak for DEP. And the individual that
wrote this permit, I think, is no longer even with the agency. And so
-- and we've asked those questions. It's hard to get an answer from
them without formally, I guess, approaching them to see what other
alternatives they would consider.
COMHISSIONER HANCOCK: Okay. At this point I'm just
really asking for your professional opinion on those things because
I'm not a water management engineer. But I'm familiar with the
terminology and a lot of the systems. And I just want to make sure
that we're looking at every avenue to make sure we aren't going to
look at assessment district for Naples Park that is far above and
beyond what it needs to be. That's my only concern. I'll have the
opportunity to address those with you individually as we do a little
more research.
MR. BOLDT: Okay.
COMHISSIONER NORRIS: Mr. Weigel, do we have any public
speakers?
MR. WEIGEL: Yes. We have two this evening, Mr. Doug
McGilvra and Ms. Vera Fitz-Gerald.
MR. McGILVRA: Good afternoon, Commissioners. My name
is Doug McGilvra. I'm the president of the property owners of Naples
Park. And tonight I'd like to tell you that I've also called Bernice
Sauer, who is the president of the Naples Park area association. And
she agrees that we would like to request -- they would like to request
that we maintain the moratorium for at least one more year here to see
if we can get something accomplished on the project concerning the
storm water retention in Naples Park.
We'd all like to have our front ditches -- or our front
swales filled. There's no two ways about that. But I think we're all
willing to wait awhile and see if we can't get the main problem cured,
which is the main ditches and horrendous sights that we get from the
-- they look like actually running sewers. They're very --
COMHISSIONER HANCOCK: Excuse me. Doug, would you like
to pull that mike closer to you.
COHMISSIONER HAC'KIE: It's very hard to here you.
MR. HcGILVRA: Sure. Sorry about that. And so we would
like to both state that we would like to have the extension on the --
on the thing for at least the 31st of December so he can get a chance
to put forth his methodology, which he has had ready in hand since
very early last year when he was requested to by the very board that
sits up there now -- the members, I should say.
So that's all I have to say. Thank you very much.
COHMISSIONER NORRIS: Thank you, Mr. HcGilvra.
COHMISSIONER HANCOCK: Thank you.
(Commissioner Hatthews joined the public hearing.)
MS. FITZ-GERALD: First of all, I want to pass these
photographs to you. These are my front yard.
COHMISSIONER NORRIS: We need you on the microphone.
Thank you.
MS. FITZ-GERALD: I'm Vera Fitz-Gerald, and I live in
Naples Park. Those photographs that I have passed to you, they were
taken of the swales in front of my -- well, not swales, they're foul
ditches in front of my house. I didn't always have a swale like that
until this spring when the Transportation Department decided to dig it
out.
I asked Mr. Archibald if they were getting even with me
and he said he would hope not, but I still say there was something to
it.
I want you to note the contrast between the south side
and the north side on 107th. On my side they have dug, and on the
other side they didn't do anything. So the north side is very nice
looking, which is what our side used to look like.
But we flooded a lot. We've been flooding for years.
And the flood waters have gone around our house. Parts of our yard
have sunk. And I have been complaining about this. And so as I said
I've got a ditch now. And we're still flooding. It didn't do
anything.
The pipes are plugged down in the 500 block. They're
plugged under the 6th Street. The water flows down to my house and it
backs up to my house. And I'm the only one in the whole block that
gets any water. There is no water laying down on 5th Street. You go
down there after a storm, there's no water in the swales down there.
So we -- we know that there's a problem.
I'm at 17 feet, which is one of the highest points. And
therefore, the water should flow away from my house. And instead, my
house -- my whole property is a big retention pond for the entire
block and for the 500 block. And so I'd really appreciate it if you
would direct Mr. Archibald to fix it, because that is really a
horrible mess. I've got my own personal mosquito breeding farm right
in my front yard now, complete with slime.
When we were complaining about it, what we really had in
mind was for them to unplug the pipes going down to the 500 block so
that ours could drain. And at this time it was the past several years
the -- well, I think I just told you that. I've been speaking off the
cuff.
Because of this problem with our pipe, our own personal
swale, I'm having a very difficult time supporting this moratorium.
I'd like very much to pipe our ugly mess. But I'm really hopeful that
eventually we can do something with my slimy ditch or pipe it -- as
Mr. Archibald has suggested, pipe it with a slight swale on top which
would still meet the conditions of the permit.
And so based on what Mr. Archibald is telling me, I'll
reluctantly go along with the moratorium for this one last time. I'll
never support it again. This is it.
Now, not everyone is going to want to pipe their swales,
especially if we can get Mr. Archibald's department to stop this
digging of ditches instead of swales. And some people actually have
very nice gentle swales that will never need to be piped because they
look nice, and why waste money? And many would never pipe because of
the cost. And many will never pipe because they're absentee landlords
who couldn't care less about a swale or ditch or anything else.
this could be part of our argument later on to lessen this moratorium,
but after we get the primary piping done.
And I hope that we can do this with the commissioners'
help and that of Mr. Archibald and Mr. Boldt. So I'm supporting this
moratorium, as I said, for one last time and only on one condition,
and that is that this commission passes the necessary resolution to
get the primary system done once and for all and to establish the
necessary taxing district. And I mean by fiat, which really is -- the
other way to go is not gonna work.
We also need the secondary system considered at the same
time. And at this time there are no funds allocated for this
purpose. We need some funding so that Mr. Archibald can repair the
secondary system where it needs it and get it flowing into the primary
system to alleviate the flooding, such as taken place on my lot and
other places on the avenues.
You know, we've been paying taxes in Naples Park to this
county for over 40 years. Naples Park was platted back in the early
'50s. We don't get much money back from this county. We're not
getting anything back for the tax dollars, the millions and millions
and millions we've paid in taxes. We haven't -- we haven't even got a
drop in the bucket back in our community. It's always being the poor
stepchild, and it gets nothing back from this county. It all seems to
be diverted into building new roads for new developments, bigger and
better. But the old communities, we need money to upgrade our system
and we need a little bit of return on that tax money.
They talk about extending the permits. I don't want to
hear about extending the permits. I want to hear about going ahead on
it. And we've been extending the permits -- now I-- we got the
permits in 1989. And we can just keep on doing it, but we don't want
to do that. Now, Dick Wood's been working on this problem since 1986,
I think. It's insane.
Now -- and the one last thing I want to bring up is that
we're a community of 3,000 homes. And we aren't the only ones, there
are others. Beachwalk impacts our system. The Pavilion impacts our
system big time. The Pavilion Lakes impacts our system. The
commercial district on 41 impacts our system, and on lllth.
And if you are saying -- and I heard you say this, now
we have to get a petition together. We're -- we're defeated before we
even start. How many communities -- if we're just one single
community like Willoughby Acres who did this, then I'd say of course
we should go and get a petition. But we aren't an individual
community that has -- only impacts our drainage system.
How many in Beachwalk do you think is going to sign our
petition? We've got to get 51 percent. Beachwalk won't even want to
listen to us. First of all, we wouldn't be able to find most of the
owners because it's a big rental area. Then we have to get Pavilion
Lakes. They don't care about our problem. They've got a nice place.
And certainly the Pavilion shopping center, I really don't think they
could care less.
So then we've got Naples Park. Even if we could get 51
percent of Naples Park, I want to know how we can do that. If you
insist that we have to do that, tell us how. At least a third of the
homes in Naples Park are rentals. And then we'll never find those
people and we'll never get them to agree. And then a third of them
are sort of --
COHMISSIONER MATTHEWS: Can you wrap this up fairly
soon? You've been significantly more than five minutes. MS. FITZ-GERALD: Oh, I have?
COHMISSIONER MATTHEWS: Yeah. We don't have a time
limit on '- MS. FITZ-GERALD: I'm only the second -- I'm the last
speaker, so --
COHMISSIONER NORRIS: Time flies when you're having fun.
MS. FITZ-GERALD: Yeah. Time flies when you -- when
you're wound up.
But anyway, to wind it up -- and it is to wind it up,
you're asking us to do something impossible right from the start.
either you're gonna pass this and help us get our drainage fixed or
you're not. And if you don't intend to, please never mind. The
moratorium is a moot point. It's irrelevant. So we're asking you to
consider this very seriously, because either you're gonna do it or
you're not. Thank you.
COHMISSIONER MATTHEWS: Okay. Commissioner Hancock.
COHMISSIONER HANCOCK: Ms. Fitz-Gerald, you brought up a
lot of things that -- my understanding of the history of this
situation, if this were totally in our control tonight to decide
whether or not to move ahead with the improvements on 8th and between
91st and 92nd, your comments would be extremely appropriate. However,
our hands are somewhat tied by DEP due to the requirement, as I
understand it, of a county-wide storm water utility department or
storm water utility management plant, one of those two or both.
The moratorium is not what we want. It's not our
intention to keep residents from having the -- the option of enclosing
the swales. But unfortunately, it's tied with what DEP has dictated
to us.
As you know -- you think Beachwalk doesn't care about
Naples Park. Well, imagine Tallahassee starting to care about Naples
or Naples Park and the problem gets even worse. So it's not solely in
our hands right now. When we have satisfied the state requirement and
this moratorium is lifted, it then will be this board's decision as
how to proceed with the funding of the improvements in Naples Park.
And at that point most of your comments are, like I said, extremely
appropriate.
Some of what you talked about, such as the swale in
front of your house, it's ironic that I had a phone call yesterday and
I was gonna be out at 100th Avenue North. I went out there, stopped
by this gentleman's home, and in the front of his yard was exactly
what you have. And I had not seen these in all of my walking in
Naples Park in the last few months. I had not seen a 14-foot-wide
ditch. And I can't call it a swale either. I know what a swale is.
I know what the term is, but that's not a swale. That's basically
something a little greater than that.
I believe what has happened is Mr. Archibald has done
his best to try and answer a concern that there's water in the street,
that there's standing water. He's trying to give it a place to go.
But what has happened, in my estimation, is a structure that far
exceeds what is acceptable in a residential neighborhood.
Now, I just started with a memo to Mr. Archibald today
to begin the dialogue on what we can do for the folks that have that
magnitude of a swale in their front yard so that it's -- you do have
something that looks close to a front lawn some day. So I'm very
sympathetic to that concern. And I promise you that I'm working on it
as we speak. I began the process this morning, and I'll keep plugging
away at it. You have my phone number. And at any time, you know, I
will do what I can to answer your questions. But we are -- we are
giving a shot at trying to at least revise that problem.
I have a feeling Mr. Archibald is going to add to my
comments at this point.
MR. ARCHIBALD: I'll attempt to be very brief.
Mrs. Fitz-Gerald has brought up a very good point. As
we re-excavate the drainage system in Naples Park, what we're running
up against is having to leave behind some ditches that are, in fact,
what we consider too deep. And because the permit has that moratorium
tied to it, your transportation staff concurs with your water
management staff that we should go ahead and proceed with keeping
those permits alive and by reinstituting that moratorium for the
upcoming year.
But there is a concern from a safety standpoint. And in
talking with John Boldt, one option that we could consider is after
our permit is, in fact, renewed in 1995, we may be able to amend that
and amend that to have an exception when it comes to certain
locations. And again, right now we've identified six limited
locations within Naples Park where the swales, in fact, are deeper
than we feel they should be, from a safety standpoint not from a
drainage standpoint.
And as a result I think it may be worth our while after
the permits are renewed to see whether we can amend the permits with
DEP and amendment -- and amend those permits in such a fashion that
would allow us to install pipes in a few isolated locations where, in
fact, the safety of the residents or the safety of the drivers
dictates that action. And I would expect that that would be the
exception to the rule and that from a percentage standpoint it may be
less than five percent of the areas that we're addressing right now.
So we're not looking at asking the DEP to make a drastic
change but provide some exception to that rule that would be
considered minor and maybe acceptable at the state level.
COHMISSIONER HANCOCK: Thank you, Mr. Archibald. And
again, we'll be talking on these particular issues. And I'm just
concerned that Ms. Fitz-Gerald will come back and ask for a dock
permit for her front yard. And there have been some cars that have
tried to pull off the road and found themselves in a ditch they
couldn't get out of, and those types of things, on these deeper and
larger ditches.
So you and I will have plenty of time to get together
and see what we can do to help each other out and help Naples Park out
in that respect. And I thank you for your efforts.
COHMISSIONER MATTHEWS: Mr. Weigel, did I see one other
person registered to speak?
MR. WEIGEL: You did. One last speaker, Mr. Fred
Augusto.
COHMISSIONER MATTHEWS: What is the last name?
MR. WEIGEL: Augusto?
MR. AUGUSTO: Augusto, the month of August with an "o".
My name is Fred Augusto. And I live in Naples Park,
retired here. I came here 18 years ago and fell in love with the
place. And frankly, I think our drainage problem -- putting pipes in
is not gonna do it. I feel that we don't need pipes, because some
builders put in the pipes. Some are low. Some are high. You're
never gonna have a nice even terrain.
You fill all the pipes in. Put a gentle swale that, you
know, you can build -- do it where it will go one way and go the other
way. Pipes you can't do anything with when they're underground. So I
would feel that would be a way to get that scrubbing action that you
need, the filtration, and you wouldn't have to have any pipes. And
the primary system should go in.
Our area, we have beautiful homes there. We've got all
kinds of people living in there, working people and a lot of retired.
And we're very proud of our area there. We're in a prime area of
Naples and people are envious of us.
So I'm with Vera as far as the moratorium is concerned.
And I don't think we need pipes. I think Mr. Archibald and Mr. Boldt
should look at this area of not having to put pipes in, because we
really don't need them.
But this other thing of the 50 plus one percent, like
Vera says, we're not gonna get it. I think on the other --
Mr. Archibald just mentioned is the way to go. And tax the
community. And I think it won't be that hard of a hit for all of us.
Thank you.
COHMISSIONER MATTHEWS: Thank you.
MR. AUGUSTO: And another problem, like old people -- I
still can cut my grass. They did my swale, and I had a nice gentle
swale. They went in six inches and now I have to really mow. And old
people can't mow into a big ditch like that.
COHMISSIONER MATTHEWS: Thank you. Do we have any other
questions or discussion from the County Commission?
COHMISSIONER HANCOCK: Just so that I understand it and
we're all on the same page, this evening's purpose was soley to get
public input, to be updated by Mr. Boldt and Mr. Archibald as to where
we are. And the decision of the moratorium will be made on the 26th
of this month at an evening workshop; is that correct?
COHMISSIONER MATTHEWS: Uh-huh. Forgive me, please, for
being late. But I believe I did here some suggestion that one of the
answers to this question is the storm water utility. Is that
correct?
COMMISSIONER HANCOCK: Well, that's --
COMMISSIONER MATTHEWS: County-wide, county-wide.
COMMISSIONER HANCOCK: Well, that's what's holding us up
from pursuing the construction between 91st and 92nd and on 8th. Is
that correct, Mr. Boldt? Is that why this moratorium is in place is
because the county-wide storm water utility issue has got DEP's
feathers ruffled?
MR. BOLDT: I don't think those are really related.
COMMISSIONER MATTHEWS: Okay.
MR. BOLDT: The issue of the permit back in '89 was
independent of the storm water utility. We weren't even that far
advanced in our master plan at that point. So DEP looked at this
separately. This moratorium's recommendation was tied to this
specific project. As a matter of fact, the storm water utility was
never really intended to pay for the massive capital improvements in
the neighborhood situations like this.
COMMISSIONER HANCOCK: So the only reason these folks
can't cover their ditches or pipe their ditches is because we haven't
moved ahead with this project? MR. BOLDT: Yes.
COMMISSIONER HANCOCK: And the only thing holding us
back from doing that is us?
MR. BOLDT: Correct. Funding, funding mechanism, how to
pay for it.
COMMISSIONER MATTHEWS: That's what I thought I heard
last year. I think our attorney has just gotten nervous.
MR. CUYLER: No, no, not quite nervous yet. But that
decision will be coming to you. Obviously you've heard that there may
be some serious discussion on what the funding issue is. And you may
realize on the 20th why the Board's had some difficulty. And there's
also been some involvement with some other legal issues that have
played a part in this for six months or something like that. But the
funding issue is coming to you, and you are going to be able to make
some sort of decision on that. If I'm not mistaken, it's this month.
MR. BOLDT: The 20th.
COMMISSIONER HANCOCK: Okay. I just wanted to make sure
I understood all the elements.
COMMISSIONER MATTHEWS: One of my thoughts was, as I was
hearing people speak, is that if we're going to have, which we
committed to yesterday, the possibility of a special election in
September that's a mail-out ballot, two questions instead of one, if
that needs be, if that's what's holding this project up. Of course,
you're asking people to tax themselves on two separate questions. But
that could get real dangerous.
COMMISSIONER NORRIS: I think our staff has answered
that that's not what's holding this up.
COMMISSIONER MATTHEWS: That's not what's holding us up?
COMMISSIONER NORRIS: This is a matter of we're trying
to give the residents an opportunity to make the decision for
themselves rather than us impose it upon --
COMMISSIONER MATTHEWS: Yeah. I'm aware of that.
COMMISSIONER NORRIS: That's the issue.
COHHISSIONER MATTHEWS: Last year some of our questions
dealt around -- or some of the problem dealt around not being able to
determine what the cost was going to be?
MR. BOLDT: Yes. I'm going to be prepared on the 20th
to share my proposal on that, based on a methodology --
COHMISSIONER MATTHEWS: Taken a whole year.
MR. BOLDT: -- figures.
COHMISSIONER MATTHEWS: It's taken a whole year to do
that.
HR. CUYLER: Six months.
HR. BOLDT: I had my answers ready earlier in the year.
COHMISSIONER MATTHEWS: Okay.
MR. CUYLER: I will accept responsibility for part of
the delay. And part of it has been, as you know, we're in
noncompliance on some issues that relate to drainage. And DCA -- as a
matter of fact, a couple of commissioners have asked for an update on
that. And we've had some concerns about it, but at this point we're
not seeing the movement that we want to see. We understand things
have got to go forward.
We've talked to John. We understand he's going to move
forward this month. We're gonna have some reviews of the materials.
Obviously there may be some caveats we give to you during the process
to make sure we don't make anything worse than it is. But it's John's
-- not John's responsibility for the last five or six months. We
asked him to hold off on that.
COHMISSIONER MATTHEWS: I would like that update, too,
when you have it ready, okay?
MR. CUYLER: Yes, ma'am.
COHMISSIONER MATTHEWS: Okay. There being no further
conversation or questions, this meeting is adjourned.
MR. WEIGEL: For the record you may wish to close the
public hearing prior to adjournment and then announce publicly for the
record for the next meeting.
MR. CUYLER: The only statutory requirements if you
close the public hearing is to announce -- and Commissioner Norris
already did, but again for the record why don't you announce when your
second hearing's going to be. I believe it's the -- Wednesday --
COHMISSIONER MATTHEWS: 21st.
MR. CUYLER: Wednesday the 21st at 5:05.
COHMISSIONER MATTHEWS: All right. Wednesday the 21st
at 5:05 will be the second and final hearing on this, right in this
room. Thank you.
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair at 5:38 p.m.
BOARD OF COUNTY COHMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
ATTEST:
DWIGHT E. BROCK, CLERK
TIMOTHY J. CONSTANTINE, CHAIRMAN
These minutes approved by the Board on
as presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING BY:
Anjonette K. Baum, CSR