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BCC Minutes 02/01/2001 J (w/Naples City Council)February t, 2001 TRANSCRIPT OF THE MEETING OF THE JOINT WORKSHOP WITH THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, AND NAPLES CITY COUNCIL, NAPLES REVEREND MARTIN LUTHER KING BUILDING SUPERVISOR OF ELECTIONS CONFERENCE ROOM 3301 EAST TAMIAMI TRAIL NAPLES, FL 34112 Thursday, February 1, 2001 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 at 9:00 a.m. in WORKSHOP SESSION in The Supervisor of Elections Conference Room of the Government Complex, East Naples, Florida, with the following members present: Commissioners: County Staff: City Council: City Staff: James D. Carter, Ph.D., Chairman Pamela S. Mac'KieDonna Fiala Tom Henning Jim Coletta Thomas W. Olliff, County Manager David Weigel, Esquire Mayor Bonnie R. MacKenzie Vice Mayor Joseph Herms Gary Gallegerg Fred Tarrant Tamela Wiseman Michael Moore William Macllvaine Penny Taylor Kevin J. Rambosk Page I JOINT WORKSHOP WITH THE BOARD OF COUNTY COMMISSIONERS, COLUER COUNTY AND NAPLES CITY COUNCIL, NAPLES REVEREND MARTIN LUTHER KING BUILDING, SUPERVISOR OF ELECTIONS CONFERENCE ROOM, 3301 EAST TAMIAMI TRAIL, NAPLES FL 34112 AGENDA Thursday, February 1, 2001 9:00 a.m. Members Present: Chairman James D. Carter, Ph.D., Vice-Chairwoman Pamela S. Mac'Kie, Commissioner Donna Fiala, Commissioner Tom Henning, Commissioner Jim Coletta, County Manager Thomas W. Olliff, County Attorney David Weigei, Mayor Bonnie R. MacKenzie, Vice Mayor Joseph Herms,. City Council Member Gary Gailegerg, City Council Member William Macllvaine, City Council Member Fred Tarrant, City Council Member Penny Taylor, City Council Member Tamela Wiseman, City Attorney Beverly Grady, City Clerk Tara A. Norman, City Manager Kevin J. Rambosk 1. Invocation and Pledge of Allegiance 2. Beach Projects 3. ASR 4. FY02 Budget Requests 5. Transit System 6. Adjourn February 1, 2001 CHAIRMAN CARTER: Good morning. Welcome to this joint meeting between the Board of County Commissioners and the City Council of Naples. Madam Mayor, it's a pleasure, Councilpersons, to have you here. Fellow Commissioners, we look forward to this meeting. And as always with our meetings and your meetings, we start with an invocation, which will be by Mr. Tom Olliff, followed by the Pledge of Allegiance. MR. OLLIFF: Please stand. Heavenly Father, we thank you so much this morning for your grace and for your love and for your blessings on this community. Father, we thank you this morning on this first day of the month that we recognize as Black History Month, that you've given us the good fortune to be able to meet in the Martin Luther King Building. Father, we would like to take the opportunity to recognize his efforts on behalf of Blacks and what they have done for this great country of ours. Father, we pray that you have your hand on this meeting this morning. We pray that the decision makers will continue to look to you for guidance and direction and that we would make decisions that will be in your best will and in the best interests of this community. Father, we pray these things in your Son's name. (The Pledge of Allegiance was recited in unison.) CHAIRMAN CARTER: Give everybody an understanding, an opportunity for anybody who comes in late, we do have sign-up slips that I understand have been passed out, if you wish to speak on a topic. We will take public input after we have had a discussion of that topic, to be put into the public record for both governing bodies to take into consideration when any decisions are made respectively by those bodies. The purpose of a workshop is to exchange information, to exchange ideas, to share common ground, to find out where uncommon ground is and try to get some resolution. We do not vote in these workshops. It is truly -- as it is indicated, it is a workshop for information and discussion purposes. Mr. Olliff. Page 2 February 1, 2001 MR. OLLIFF: Mr. Chairman, we have your agenda that's been provided to you. I think copies will be prepared in the room and made available to the public in advance. Perhaps this morning we can go through that agenda. And if there are any other changes or additions to the agenda, we can go ahead and -- while it's still a workshop, and informal -- maybe set the agenda first. We, from a staff perspective -- at least from the county staff perspective, want to extend a thanks to Kevin Rambosk and his staff for helping us put together the agenda. I think the presentations were jointly formatted. From our staff's perspective, we have no changes to the agenda that has been presented to you. CHAIRMAN CARTER: Mr. Rambosk. MR. RAMBOSK: We also have no changes to the agenda at this time. CHAIRMAN CARTER: Then I'll move for approval of the agenda. MAYOR MacKENZIE: Second. CHAIRMAN CARTER: All in favor, signify by saying aye. All right. That's the easiest thing we have to do in a meeting. MAYOR MacKENZIE: Mr. Chairman, may I take a moment to thank you and the members of the Board of Collier County Commissioners for inviting us here this morning? I have believed for a long time that we need to talk to each other directly, instead of through various either print or broadcast media. And it seems to me as though when we talk directly about issues of common interest, that we make better decisions. And so I'm looking forward to beginning this series of meetings, however frequently we decide to have them. Whether it's once a year, twice a year or fifty times a year, this will inaugurate a new spirit of openness and cooperation and a good working relationship. CHAIRMAN CARTER: Thank you, Mayor MacKenzie. It's certainly the same feelings I could express from the Board of County Commissioners, that we do want to meet with the City Councils. We have yours. We have the City of Marco. We also -- as you know, we are going to be having joint Page 3 February 1, 2001 meetings with Lee County. Because we all live in a region, nothing stops at city lines or county lines or roads. Whether it's water usage, whatever it is, we're all in this together. So we appreciate you being here and look forward to a very productive meeting. Item #2 DISCUSSION OF BEACH PROJECTS MR. OLLIFF: With that, Mr. Chairman, the first item on your agenda is beach projects. And we've asked John Staiger to make a very brief presentation. And just format-wise, for the public's sake, I'm holding onto speaker slips. So if anybody in the public would like to speak, if you would give me one of these slips, I believe the Chair has asked that we allow speakers after each of these items is presented on the agenda. CHAIRMAN CARTER: Right. And our normal procedure with that is, we give you five minutes to say what you need to say. We've found that you can be very articulate and get your points across in that period of time. If for some reason you've got another thirty seconds that you need, we will always give you that opportunity. Mr. Staiger. Dr. Staiger. DR. STAIGER: For the record, Jori Staiger, natural resources manager for the City of Naples. You have in your packet a list of current City of Naples projects that were approved or at least have funding approved by the Board of County Commissioners in the last couple of years. I will run down that list rapidly and give you an update on it. First one is Doctor's Pass monitoring. That's an ongoing project that basically acquires survey data every year that satisfies our need to be sure that we are bypassing what boils down to an average annual volume of 10,000 cubic yards of sand around Doctor's Pass. The current program, which has been in place since 1986, is to dredge about 40,000 yards out of that pass every four years. And we are in the middle of that project right now. Next project is Doctor's Pass maintenance dredging that's Page 4 February 1, 2001 been underway since October. The dredger swamped in December, it is in Fort Myers being repaired. We have been promised that it would be back dredging on the 15th of February. The contractor is progressing with his repairs, so I am optimistic. The project was supposed to have been done December 8th and it swamped on the 17th. The project is obviously way behind schedule. We had to hire a local contractor to take care of a troublesome shoal in Moorings Bay and the cost of that will come out of the liquidated damages for the project. The next project is Gordon Pass emergency dredging and that is essentially a reserve fund in case we have a problem there. Thus far we haven't had a problem and hopefully we'll never have to spend that money. The Parker Sand Web System is a significant -- over a million dollars. We have been sort of struggling with the permitting agencies to get this experiment permitted. The latest word is, it probably will be permitted by the Department of Environmental Protection if not yesterday, then today. We still have to go through the Corps of Engineers' permitting process. But they have indicated that if the Department of Environmental Protection approves it, that the Corps will not stand in the way. So if we go through those hurdles or get over those hurdles with the permits by the end of this month, we will probably have the nets up for the months of March and April, and at least get a two-month trial of this experiment. The permit -- if the permits come through, we'll get that experimental period in. And then we would reinstall the thing in November at the end of turtle nesting season and try to keep it operational for the next winter period, four to six months, if we can. Gordon Pass T-Groin project was completed last summer. The structures are in place. They are functioning properly. We now have a reasonable amount of dry sand beach down there and public access across an area that over the last ten years or so has been frequently inaccessible because of the lack of sand. The next project is the monitoring for that T Groin effort. Page 5 February 1, 2001 We have to monitor it at six months and at twelve months, and then I believe annually for several years. We have a grant from the tourism -- tourist tax for that monitoring. We have not put together a tourism agreement yet for it. That will probably be done in the next couple of weeks, and you will see it at one of your board meetings in the near future. Implementation of the Gordon Pass Inlet Management Plan, that project has been -- was placed on hold basically because the Corps of Engineers was on again, off again about whether or whether or not they were going to dredge Doctors -- or Gordon Pass. They said they would and then they said they wouldn't, and then they said they would again. And rather than spend a bunch of money on engineering that the Corps of Engineers is going to do anyway, I held off doing anything with that. It looks like we're going to have to get into at least some work there to make sure that whatever the Corps does, it complies with our inlet management plan. But I did not want to start an engineering project there that the Corps of Engineers was going to duplicate. And they basically will do it themselves regardless of whether we do it ahead of time, so that would just be a waste of money. Naples Pier restoration. The pier was restored. It's ahead of schedule and on budget. It opened to the public on November 15th and we haven't had any complaints. And we appreciate your contribution to the cost of doing that. Sand Tighten Gordon Pass Jetty, that is part of the implementation of the Gordon Pass Inlet Management Plan. The jetty on the north end of Key Island has sand leaking through it from the south. It leaks into the inlet, contributes to the shoaling problems. The owner of that jetty is Key Island, Incorporated. The owners and the Corps of Engineering are now -- excuse me. The owners and the Department of Environmental Protection are now trying to resolve where the ownership ends. Because according to Harry Huber, the DEP is willing to give the county some money to help pay for that project, but they cannot fund something that goes on private property. So we're trying to get an idea of exactly where the demarcation between that public property and private ends. Page 6 February 1, 2001 If in fact the entire jetty is private, I think what we're going to do is ask them to deed it over to the city so that it becomes public and then we can go ahead and take over the maintenance of it. At any rate, the process is underway. And the owners of the jetty have started the engineering on there at their expense, which is a nice private/public partnership because we don't have to pay for it. Lowdermilk Park concession stand renovation. The building official is in the process of designing that. When he gets plans far enough along, I'll be able to start the permit application process. And that -- I think we're planning on getting that under construction this summer, we're hoping. And that will be a one-shot reconstruction of the concession stand area, the renovation of it. And the last item on here is beach access improvements and they are in the planning and implementing stage right now by our community services department. So that's the update on all of our -- a lot of projects. CHAIRMAN CARTER: Any questions from councilpeople or from commissioners? (No response.) MR. OLLIFF: Mr. Chairman, if there are none, we do have one registered speaker, Mr. Bill Boggess. COMMISSIONER MAC'KIE: We couldn't talk about beaches without Bill coming in and talking to us. MR. OLLIFF: Probably not. While he's coming, I wanted to just mention to the city how much we appreciate Dr. Staiger. From our perspective, he is a jewel for us to work with. And you're very fortunate. CHAIRMAN CARTER: Indeed we are. And from the TDC, which I chair, he is always a gentleman. He always brings forth very good data for us to take under consideration prior to us passing it forward to the Board of County Commissioners. Mr. Boggess. MR. BOGGESS: Good morning. For the record, my name is Bill Boggess from the City of Naples. Please bear with me as I read my prepared text, copies of which you all have. Collier County's daily impact upon we, the residents, who try Page 7 February 1, 2001 to be good Samaritans by sharing our facilities, such as beach parking, boat ramps, city dock, city pier and city parks to accommodate our county resident neighbors, has simply strained our existence of peaceful settings and has nearly eliminated our ready access to most of the aforementioned city facilities; while the county does little or nothing to provide for its citizens. Collier County's poor planning, uncontrolled, under-regulated growth is adversely affecting our everyday life in the once quaint City of Naples and is being done with little, if any, regard to impacting our peace, tranquility, water, traffic, crime, pollution, beach parking. But it is also allowed to aggressively encroach upon the ecosystem of Mother Nature, as noted by Governor Bush's edict for a growth management plan by July 2002. The facts are, we pay county taxes. My county tax is three times the city tax. Naples City assessed value represents nearly one-fourth of Collier County, and from within the City of Naples comes nearly one-third of all tourist tax collected. Past city planners provided citizens with ample residential beachfront parking, while Collier County has consistently allowed the virtual privatization of all beaches, enhancing only the developer's bank accounts; failing to provide for its own inland citizens. Collier County could condemn beach access and parking, which was so gallantly given away, but they won't. So if they won't help their citizens, why should the City of Naples be strangled by the lack of the county's accountability to its citizens, which include us? Collier County's solution is to spend half, $15 million of tourist fax for expenditures not expressly authorized from our beach category A funds. Expending these funds in direct violation of the enabling statute and theirs and the Tourist Development Committee's adopted guidelines, which Miss Heidi Ashton told you you didn't have to follow, even though you did have them. On items, to name but two, being one, the nonbeachfront park, Connor's Park, providing remote parking for eighty vehicles; and number two, the multistory parking garage, three of them I understand are planned at the few existing county public access beaches. Vanderbilt, for instance, is being done at the displeasure of Page 8 February t, 2001 the neighborhood residents, overcrowding of traffic on the inadequate roadways, additional high-rise structures and overcrowding limited amount of beach; all while not disturbing the affluent developments or commercial properties which were given untethered private beach access. The existing interlocal beach parking agreement signed November 5th, 1997 should be canceled, and can be so done by written notice prior to April Fools Day; thus, returning our public beach access parking to the city residents, whose taxes built, maintained and paid for our well-planned, organized, improved facilities. Whatever happened to political accountability? you. CHAIRMAN GARTER: Any other speakers, Mr. Olliff? MR. OLLIFF: No, sir. CHAIRMAN GARTER: Okay. Let's move to the next agenda item. COMMISSIONER MAG'KIE: I can't resist just one comment, that Mr. Boggess points out to us, that we don't do enough to provide beach access and accessibility and parking for county residents and that we're bad for that. And then he points out to us that we are also bad for providing beach parking and beach access for county residents. So it's a catch-22 you've got us in there, Mr. Boggess. MR. BOGGESS: I have no objections to your parking garages. It's the funding. Because you have shorted Naples beach 275,000 cubic yards of materials that would cost $5 million today. CHAIRMAN GARTER: Excuse me, Mr. Boggess. We're not going to get in a debate with you this morning from either side. I am restraining myself. Based on what you said this morning, I'm not interested in listening to propaganda. I'm more interested in listening to facts. And I could debate you all day long on that, but I'm not going to do it this morning. So let's move to the next agenda item. COUNCILMAN TARRANT: Mr. Chairman, could I say a word, please? CHAIRMAN GARTER: Yes. Councilman Tarrant. COUNCILMAN TARRANT: Thank you. Fred Tarrant for the City of Naples. I just want to express my own thanks as one Thank Page 9 February 1, 2001 member of the City Council for Citizen Bill Boggess and the outstanding efforts that he has made over the years to bring matters to the attention of the City Council and the County Commission that in many, many cases were proven to need attention. So I think his track record is very, very good. And I think his efforts as an unpaid, independent citizen of the city and county is to be highly commended. Thank you, Mr. Boggess. COMMISSIONER MAC'KIE: I just want to echo that. I agree, Mr. Tarrant. We disagree on a lot of things, but on that we can agree, that Mr. Boggess has done a great service to this community on a lot of important beach-related issues. On this particular case about the funding for the parking, I disagree with his interpretation and rely on that of our lawyers instead. CHAIRMAN CARTER: I would concur with Commissioner Mac'Kie. And again, I don't want to debate the man this morning. I'm not disregarding what he does or his points of view. He has passion for them. He has a perfect right to present them. This is not the forum, I believe, to have some of this discussion about his value in the community. Councilman Herms. COUNCILMAN HERMS: There was one additional issue on the beaches that I'm not sure the commissioners are fully aware of, and it's a very positive cooperative effort that is going on right now between our city staff and the county staff. We have identified that in the area, that we've spent over a million dollars along our beaches to remove the rocks over the last five years. That we still have rocks during certain periods of time that will wash up close to the beach. What happens, though, is that those quickly will get covered up when the winds or the weather changes. And so it was brought to our staff's attention that we needed to be able to quickly identify that problem, for which we have our beach patrols on the beach every day. So we are now in the situation of where our beach patrols can notify our staff, which then can notify the county staff, and they can immediately bring in the equipment to remove that rock that is in basically the waterline; and it's very close to the waterline. Page 10 February 1, 2001 And I think -- and I want to commend the county staff for working with the city on that issue. Because I think over a period of a few years we'll really get the last of the remaining rock removed from the beach. CHAIRMAN CARTER: Thank you, Councilman. Item #3 DISCUSSION REGARDING ASR MR. OLLIFF: Mr. Chairman, the next item is ASR, and for that item I've asked Mr. Jim Mudd if he would kick off the discussion. MR. MUDD: For the record, I'm Jim Mudd, public utilities administrator for Collier County. What we plan to do today is not to go over everything we went through on the 19th. We spent a good six hours during that time and we're going to talk a little bit about those things that we've got additional information for that you've asked us to look at from that meeting. And we had four of the commissioners at that meeting in attendance as they listened to the exchange. And then I asked Mike Pettit, county attorney, to come up and talk a little bit about the permit process and then talk a little bit about where we are with the administrative hearing. Carl -- the first thing on the agenda that we would like to talk about is, we didn't have a good -- we didn't have a good sketch when we talked about alternative locations for the ASR. And the one that we had quoted on the 19th had a cost of 3.5 million versus the 2.3 at the north sewer plant would be out in the Pelican Bay well field, which is on Livingston Road, north of Immokalee. And that distance from the Naples well field is approximately 3.5 miles. COMMISSIONER MAC'KIE.' Jim, is that the green strip there on the top right-hand corner? MR. MUDD: That's right. COMMISSIONER MAC'KIE: Thank you. MR. MUDD: That well field right now is used solely for irrigation water, supplemental irrigation water for the Pelican Bay facility. That's that gray shaded area over to the west. Carl, if you Page 11 February 1, 2001 could point to it, it's directly opposite or directly across from the Naples well field. Pelican Bay irrigation area is that brownish area right in there. So that's what -- the water is piped down there for their supplemental irrigation water. And they use reclaimed water to the best that they can. And when they need the supplemental water, they take it out of the Pelican Bay well field. That's that green strip. COMMISSIONER MAC'KIE: Jim, one last interruption. Does anybody's potable water come from that green area, the secondary source you just identified? MR. MUDD: No, ma'am. COMMISSIONER MAC'KIE.' Nobody's drinking water?. MR. MUDD: No, ma'am. COMMISSIONER MAC'KIE: Thank you. MR. MUDD: Carl, can you put up the next slide? The other thing that Councilman Herms asked us for was an economic breakdown of the different processes, in a sense per thousand if you did ASR and if you moved to an alternate location and what the exact costs were. So I got my folks together and we beat that around quite extensively. But on this slide, the current rate that we charge our effluent customers, no matter how it's delivered, how it's stored, if it's pressurized or if it's just bulk or retail, is 13 cents on the thousand. 1997 we had a rate study that was done for us by Kamp, Dresser, Mickey, and they basically said bulk users -- that's where we would just take the water, take it to their holding pond and then they would pump it from their holding pond to the sprinkler heads of their customers; that that should be 20 cents on the thousand. And for those folks that are retail, the ones where we deliver, we store, we pressurize and we take it to their sprinkler heads, may it be a home or a golf course, that should be 52 cents on the thousand. COMMISSIONER MAC'KIE: And, I'm sorry, but that would be a break-even price? You wouldn't make any money on that? MR. MUDD: That's a break-even price, ma'am. And then we went into the reclaimed water ASR at the north wastewater plant. And that's -- the capital cost was $2.3 million. Page 12 February 1, 2001 The operating costs were included. And the increase that it would be in order to put that ASR in would be 6 cents on the thousand. If we moved it to the Pelican Bay well field, the capital cost increase from 2.3 to $3.5 million with the operating costs, we would have to add some extra booster pumps because that stuff is all at the north plant and I don't have that in the well field. When you did that, it would be an increase of 9 cents on the thousand. So the difference between the ASR locations is 3 cents. COUNCILMAN GALLEGERG: Mr. Mudd. MR. MUDD: Yes, sir. COUNCILMAN GALLEGERG.' Gary Gallegerg from the Naples City Council. When we had our meeting previously in our chambers for information, I had asked you some questions about the supply contracts. And the pricing under the supply contracts that the county has, is it fixed pricing or is it based on the cost of delivering the water, or what is the basic pricing mechanism? MR. MUDD: Sir, right now it's 13 cents on the thousand and it doesn't make a difference how it's delivered. COUNCILMAN GALLEGERG: So it's a fixed price. MR. MUDD: It's a fixed price. COUNCILMAN GALLEGERG: There is a margin. So even though the Pelican Bay well field is more expensive, it still would appear to me, at least, to be cost effective. COMMISSIONER MAC'KIE: Mr. Gallegerg, I would just add to that, that you know, when those rates -- this 13 cent rate was set, it was primarily because we had this source. We needed to get rid of this asset, so we would charge very little for it. As it becomes a more marketable asset, I think you'll see that the rates will became closer to -- at least closer to the actual cost and hopefully, eventually can be high enough to produce some level of profit for future investment toward water resource management. COUNCILMAN GALLEGERG: And also, if ASRs should be a fact of life in the future, ultimately the parties using that water fund the wells -- COMMISSIONER MAC'KIE: That's right. Page 13 February 1, 2001 COUNCILMAN GALLEGERG: -- it seems to me. There may be a timing or financing issue there, but the ultimate funding would come from the uses and not the taxpayers; is that correct? COMMISSIONER MAC'KIE: That's right. CHAIRMAN CARTER: That's right. I think that's very key. What you are saying, Councilman, is that long term the process worked very well. Short term there will be some expense incurred that will be borne -- they would have to pay more than what they have been used to paying. I think we can get there and it looks to me like that might be a viable direction to go with if we use that location. COMMISSIONER MAC'KIE: Because it's still not only cheaper than -- it's not only cheaper environmentally because it's the right thing to do to use the reused water, it's better for the environment. But it's still, even with the increase going to the Pelican Bay well field, significantly cheaper than using potable water. MAYOR MacKENZIE: Colonel Mudd -- I'm sorry. This is Bonnie MacKenzie from the City of Naples. Do you have any preliminary topography studies that would use -- that would be able to substantiate using this site as a possible location for the -- are you planning to put in three ASRs in your initial -- MR. MUDD: Yes, ma'am. We've got that -- that was done as part of the study as an alternate site. We have that information on the original form. MAYOR MacKENZIE: And it is suitable? MR. MUDD: Yes, it is suitable, ma'am. But we still have to go out there and look. I mean, we've got a general idea, but we still need to look, pinpoint to make sure that the hydrogeology is correct in the subsurface. MAYOR MacKENZIE: Which is the purpose of the test well? MR. MUDD: Yes. Or the test drill, yes, ma'am. COUNCILWOMAN TAYLOR: I have a question, Mr. Mudd. Penny Taylor, Naples City Council. The closest drinking well field, drinking water well field such as ours, is what to the Pelican Bay well field? Is it our well field or is there another one? MR. MUDD: It's your well field 3.5 miles away. COUNCILWOMAN TAYLOR: 3.5 miles. Thank you. MR. MUDD: The last item that was on that chart list is a Page 14 February 1, 2001 supplemental water project that we have on the books. It's called two different names. It's called the Immokalee Road Supplemental Water Project and it's also, for those folks that like it a little bit shorter, it's called the Mule Pen Quarry well field. And that's a project that we have on the books, to draw 3.5 million gallons a day as supplemental irrigation water in order to talk about -- to fulfill those contracts that we had. It's a $1.4 million capital program, a little less on pumps and things like that that we need in that process. But the cost -- the increased cost to our customers would be 3 cents on the thousand. And that's that last line. And this is also in your packet on page 6 of my slides where it says rates. COMMISSIONER MAC'KIE: Of course the bad news about that water source is that it is water that could be treated for drinking water. It diminishes the water that's available for drinking water. We have to do that to meet the contracts that we have and so we will, but it's a shame to be using potable water for irrigation. MR. MUDD: I am going to turn the pulpit over to Mike Pettit, our county attorney, to talk about the permit process and the administrative hearing issues, where we stand. If you have questions, I have Lou Horvath, our contractor, here. My staff is here and we can answer whatever questions you have. CHAIRMAN CARTER: Councilman Herms has a question. I don't know if it's for you, Colonel Mudd, or whether it's for Mike Pettit -- COUNCILMAN HERMS: It's actually for Colonel Mudd. If they could put the slide back up there, the 6 cents. MR. MUDD.' The rate slide, Carl. COUNCILMAN HERMS: The 6 cent cost for the well is based upon, I'm guessing, 3 or $4 million of actual cost of the construction. MR. MUDD: The 6 cents to the north? COUNCILMAN HERMS: Right. MR. MUDD: It is a breakdown on the operations and maintenance cost, additional pumps that we need, whatever we need on distribution systems that need to go in there, whatever it takes. Page15 February 1, 2001 In this particular case it's the lack of telemetry that I need because I've got people on site watching that facility. When you move it to the Pelican Bay well field, then I've got to put the telemetry in and hook it up to the computer to make sure all of that is there and do that process. So we try to make it a full life cycle cost from the time that you build it to the time that you watch it because it's a continuing rate. COUNCILMAN HERMS.' My actual question is, that 6 cents is what type of dollar cost? COMMISSIONER MAC'KIE: What's your gross number?. MR. MUDD: Carl, you have the spreadsheet with you real fast? UNIDENTIFIED SPEAKER: The cost of the ASR IS 2.2 million. MR. MUDD: It's 2.3 million. And I'm trying to get the annual O and M cost, you know, the -- COUNCILMAN HERMS: So that $2.3 million is going to cost the ratepayers an additional 6 cents? MR. MUDD: A thousand, plus the O and M cost to go along with that. COUNCILMAN HERMS: And that's it? MR. MUDD: That's it, sir. COMMISSIONER MAC'KIE: The ratepayers for the effluent, not the general? CHAIRMAN CARTER: Not potable water, but for effluent water. COUNCILMAN HERMS: So if you were to do the other option that you had talked to us about at the last meeting, which was some type of above ground reservoir that was in the 20 to $25 million range, if you were to calculate that out, you're talking about a ten-time increase above that number? MR. MUDD: Sir, that was for the lagoon option. And then -- COUNCILMAN HERMS: So we're at probably 50 or 60 cents per thousand gallons? MR. MUDD: Yes, sir. And the cost for supplemental water, just to give you some range of comparison, the cost for an organization, for yourself or anybody else to drill the well and pump well water out of the Tamiami aquifer runs anywhere between 50 and 60 cents on the thousand, so -- COUNCILMAN HERMS: Right. You had quoted 55 cents at Page 16 February 1,200t our last meeting. COMMISSIONER MAC'KIE: Doesn't that in effect mean that the lagoon option or the above ground storage option would cause that water, the effluent water, to cost more than potable water; is that what I just heard you say? COUNCILMAN HERMS: No. MR. MUDD: What we just basically said is, it would take you above drilling your own well option for supplemental irrigation water. COMMISSIONER MAC'KIE: I'm sorry. That's what I meant. It would make it more expensive than the alternative that would otherwise be available to a golf course, which is to drill their own well and to suck water out of the Tamiami? CHAIRMAN CARTER: Or anyone that's on a flow water system, such as Pelican Bay, for lawns, which is a big factor, which we would get that everywhere in the county, is where you never have to touch bottled water to put into the landscaping. COMMISSIONER MAC'KIE: And the reason I make that point, Joe, is that if we went with one of those two options, then our market dries up -- excuse the pun -- because nobody will pay more just because it's the environmentally correct thing to do to use the effluent water. They are more likely to go with the cheaper option in a business and draw out the aquifer. COMMISSIONER COLETTA: Isn't there restriction on the use of water as far as potable water goes for watering golf courses and yards where there isn't effluent water? CHAIRMAN CARTER: You're right on that, according to the South Florida Water Management District. I'll let Colonel Mudd verify this. We all heard on the radio this morning that that is true. If you have effluent water resources, there's no restrictions on how you can use that. They encourage you not to overuse it. Because when you do, then you're going to go to potable water. And then you're into restrictions now, but the fines -- the maximum fine is $500 for umpteen violations. If you're running a big operation, $500, or if you're very wealthy, $500 doesn't mean anything. So the fines are probably not that major for people to violate the rules. Page 17 February 1, 2001 COUNCILMAN TARRANT: If I could, Colonel Mudd and Chairman Carter, for just one second, Fred Tarrant for the record. The discussion of the economics involved in the storing and processing and delivery of treated sewer water is very interesting. But I think really, in my mind at least, it pales into insignificance in the face of potential health risk to the public from pumping treated sewer water into lower aquifers. Where, over a period of time, who knows how long, perhaps not in our political lifetime, but at some point, may migrate. And Clarence Tears from the Big Cypress Basin Board stated some time back that my fears -- it was quoted in the paper that Tarrant's fears may be exaggerated, but that there are many what ifs. And Mr. Gallegerg and other council members addressed the what ifs and the concerns about the what ifs at great length last Friday at our joint meeting. And I think also a point was raised that Collier County is not the first county in Florida to inject treated sewer water into the lower aquifer; that that is being done and has been done for many years in Gainesville. Did I hear that correctly? And with no adverse consequences. Was that -- did I hear that last Friday? MR. OLLIFF: I'll let Mr. Joe Cheatham, our current wastewater director, answer that question for you. MR. CHEATHAM: For the record, Joe Cheatham, wastewater director. Since 1977 Gainesville has been injecting treated -- advanced waste treatment reclaimed water into the Floridian aquifer at a depth of around 800 to 1,000 feet as a drinking water source from Gainesville with no health effects whatsoever. COMMISSIONER HENNING: Mr. Cheatham, Commissioner Tom Henning, for the record. You are saying that they inject treated water, wastewater into that aquifer and that source is a drinking water source? MR. CHEATHAM: Yes, sir. The drinking water wells in Gainesville are drilled approximately 100 feet in the ground. They are approximately seven to eleven miles away from the injection point of the wastewater treatment plant. The movement of the water or the plumb of the water has moved a half a mile in twenty-three years. Page18 February 1, 2001 There's an amount of wells located five miles around the injection point that's monitored monthly, quarterly and annually on drinking water parameters with no violations of drinking water quality standards. COMMISSIONER HENNING: Thank you. COMMISSIONER MAC'KIE: And I just had to comment, Mr. Tarrant. I respect your opinions. I respect your motives here. I know that you're only doing what we're all trying to do, and that is to look out for the best interest of the future generations of the community and I appreciate that. I wish I could come up with a good analogy, though, a perfect one that in this case, however, the -- and in every case, frankly, the cost of an item when you're spending somebody else's money is a factor. And I know based on your involvement with the Taxpayers' Action Group and others, that you are not a tax and spend kind of guy. And so it is surprising to me to hear you say that, you know, it's not relevant, the cost issues are not relevant. In my mind, we are very carefully balancing the cost, which is a big number and a tiny, a minuscule risk as evidenced by all the science. And I will tell you, I will just go ahead and put it out on the table, that I'm going to be trying to convince the County Commission today to move this well field, this ASR test, away from the city's well field and to go into this Pelican Bay site. Just because it is the first time we've done it and because it is new for us, it is something that we need to be more than careful about. And for the very first one, despite the fact that it does add to the cost for the end user, I'm hopeful that a majority of the Board will agree to move it to the Pelican Bay well field. COUNCILMAN TARRANT: And Commissioner Mac'Kie, I appreciate that and I appreciate you and the work that you do and the thought that you give to all the issues that come to the County Commission. And I mean that sincerely. But I have had some information from Gainesville. We have to base everything on what we hear, you know, what we know, what we hear. And I have had some information from Gainesville. I'm going to research it further because I wasn't able to get through to the right party. But I have some information that Page 19 February 1, 2001 would lead me to believe that they have had a problem of leaking sewer water, effluent up into the upper aquifer in Gainesville. And I'll have to verify that, but I believe that that did occur. So the statement that was just made is not an accurate statement. And I would also refer you to a March issue of the National Geographic that pointed out the colored dyes that were on a test basis introduced into the aquifer areas showed up at a distance a short time later twenty miles away. And Clarence Tears and others have said that the South Florida aquifer is like a sponge. Whatever you put into it is going to end up in the water. And I would just suggest that -- respectfully suggest, Commissioner Mac'Kie, that if the County Commission indeed in the end does go forward at this site with this ASR project without -- without placing this on a referendum to give the public a chance to thoroughly debate and understand this issue and vote on this issue of whether they want to take the risk for this type of operation, then I think that would be a very, very grave mistake. COUNCILMAN GALLEGERG: Commissioner Mac'Kie, I was pleased a few minutes ago for you to say that you would urge the Commission to establish the first test well. And if that works all through the first ASR at the location further out, the Pelican Bay location, I think that's a wise course for the first. When you're talking about economics, I agree with Mr. Tarrant that the primary concern of everyone is the health and safety of the people in our region and the quality of the drinking water and so forth. So in a narrow context, it's not economics. It's health and safety. I would like to volunteer, though, that apples -- if you're talking 6 cents per thousand versus 9, I don't think economics are the primary concern. That's why I think moving the well pool farther away is better. Economics, even under a health and safety point of view, which is my primary point of view, does come into play if it gets expensive enough that the water won't be used. COMMISSIONER MAC'KIE: Exactly. COUNCILMAN GALLEGERG: And maybe someone here can point out again, this water is not being created, if I understand Page 20 February 1, 2001 things correctly. This water is here. And if it's not -- if it's not used and stored in this way, maybe we can all be refreshed on what happens. Because this is not invented water. Something has to be done with this water. CHAIRMAN CARTER: You're absolutely right, Councilman. And I would refer back to Joe Cheatham or Colonel Mudd to direct the answer to that question. But you're right. If you don't store it, where does it go? MR. MUDD: The reason I had Joe up here is, Joe was going to clarify Councilman Tarrant's process on Gainesville. Joe worked in Gainesville for thirty years on their wastewater facility. First of all, that injection seven miles away from their intakes for the well field goes straight into the aquifer. There's no ASR at all. It's just a place where it exits seven miles up from that well field. In order to go through that issue -- and the place that you're talking about with a leakage up in Gainesville has to do with a holding pond. And the problem that they had -- and Joe can get into that and give Mr. Tarrant all the facts he would like to have in that process. But we brought Joe Cheatham down here to our county staff from Gainesville, after he retired after thirty years of service up in that process in the wastewater area. COMMISSIONER MAC'KIE: So the leakage -- if whatever is being referred to here had to do with a holding pond and not with any kind of injection well? MR. MUDD: That's right. COUNCILWOMAN TAYLOR: And the holding pond is above the ground? MR. MUDD: Yes, ma'am. COUNCILWOMAN TAYLOR: Is it a lined holding pond? MR. CHEATHAM: What happened in Gainesville is, they have holding ponds used for what they call reject water. We have the same situation here in Collier County, though our ponds are lined with a plastic liner. Back in the early seventies it was decided in Gainesville to do -- to line those ponds with clay. And in Gainesville they have a lot of problems with sinkholes. And we had a holding pond there that had some sinkholes form in it and this water went Page 21 February 1, 2001 down into the aquifer. And this is back in about 1979 this happened. It caused a little bit of a stir, but it was not the effluent that caused the stir. It was the holding pond. They had one issue in Gainesville back in the early eighties where they had a well -- this was a well construction problem that was resolved. It was just some faulty construction. The techniques we've used for wells since then have been dramatically changed and that's been corrected. But the City of Gainesville spends approximately $350,000 a year in laboratory costs to monitor the system. So it has been proven with tons and tons and tons of data that this is a good practice. Now, Gainesville is not -- again, it's not an ASR well. It supplements the Floridian aquifer with reclaimed water, high quality product. That's the remains of effluent disposal for Gainesville. And it's been doing this since 1977, so it's been proven not to have any health effects to the drinking water in the City of Gainesville. COUNCILMAN HERMS: But I think the important point you just made was that they did have a failure. CHAIRMAN CARTER: Not in the well, sir. COMMISSIONER MAC'KIE: In a pond. COUNCILMAN HERMS: No. He just explained that there was a casing on the well that failed. They were pumping into about 3 or 400' feet of the aquifer. The casing failed. They found out about it through the monitoring wells. And now they are pumping it about 900 feet. MR. CHEATHAM: No, sir. The wells are cased at 350, but they are drilled to a thousand. That's the way the wells are in Gainesville, the way they are designed. They never changed the way -- they were just effluent disposal. It is still going down to a thousand feet. But the casing we had a problem with and it was repaired. And again, the technology in the seventies and eighties was a lot different than it is today. COUNCILMAN TARRANT: Did you just say that the well casing failed? MR. CHEATHAM: Yes, sir. Page 22 February 1, 2001 COUNCILMAN TARRANT: Okay. That's entirely different than what you were telling us a little while ago when you said there was no problem in Gainesville. MR. CHEATHAM: There was no problem. COUNCILMAN TARRANT: Then you said it was the percolation pond in the sinkhole. Now we're finding out that it was the well casing. That's different. COMMISSIONER MAC'KIE: No, sir. He told us that. He told us this in City Hall, that there was a problem with the casing. The important point, among many, but an important point here is that this is a well with casing designed in the seventies. That has nothing -- no similarity to what we would be doing with this ASR well. But he, in his desire to be so forthcoming and to tell you every negative thing that's ever happened in Gainesville so that you can be sure that he's being absolutely honest with you, he's telling you details about items that really bear little to no relation to this. COUNCILMAN TARRANT: And Commissioner Mac'Kie, as far as him explaining about the failure of the well casing last Friday, I defy you to go through the transcripts, the audiotapes of last Friday and find that. Because I've gone through them twice with a fine-tooth comb. COMMISSIONER MAC'KIE: Perhaps he told it to me. COUNCILMAN TARRANT: Please find that for me. COMMISSIONER MAC'KIE: Perhaps he told it to me in a conversation. It's not news. COUNCILWOMAN TAYLOR: Except I think the bottom line is that failing or problems or leakage, there has been no impact to the drinking water and the health, safety and welfare of Gainesville citizens since it started almost thirty years ago. MR. CHEATHAM: That's correct. CHAIRMAN CARTER: You're absolutely correct, Councilman COUNCILWOMAN TAYLOR: Taylor. CHAIRMAN CARTER: -- Betty Taylor. Here's the issue to me. You have monitoring, so that if there is any indication there is a problem, you correct it. You're right with the bottom line. It is safer-- it's as safe a process as humanly possible. Page 23 February 1, 2001 I would be the last one that would approve anything that would affect the health, safety and welfare of my family, who live here, my grandchildren live here. I'm not looking to do anything negative to the environment. But I'm highly concerned if we lose millions of gallons of water a day that we could recover and restore and reuse, and if we don't do something, we could sit here for fifty years and debate little itty-bitty points in here and say, '~qell, I heard this or I heard that." I want to get on and look at the big picture and find out, how do we save water and how do we use it? That, to me, is the issue. COUNCILMAN TARRANT: And the big picture, Chairman Carter, occurred in Milwaukee where a hundred people died and 400,000 people were seriously ill. COUNCILMAN MaclLVAINE: Being an ex-Milwaukee resident, I think we're looking at a very, very different situation up there where we were in Milwaukee drawing water out of Lake Michigan. We were also expelling treated water into Lake Michigan. The intake and the outgo were too close together. And there was a problem in the water purification plant and that's what caused a difficulty up there. It had nothing to do with groundwater or aquifers. I think on the health and safety part, that it's the -- that the idea of moving the well from 1.3 of the aquifer -- test well 1.3 miles to 2 1/2 miles away is a good idea. I think it might add a little bit of potential safety. I don't know that we can guarantee safety. I think -- I was asking one of the experts a few days ago, "Can you guarantee it?" And they said, really, they couldn't guarantee it. We can't guarantee anything. We can't guarantee flying on an airplane that it's going to stay in the air, but we're going to take our chances because the results of not flying mean you are going to be out of business. And that's what we are worried about, being out of business. COUNCILMAN TARRANT: And Mr. Macllvaine -- COUNCILMAN MaclLVAINE: Let me finish, Mr. Tarrant, because I've got one more important thing to say. And that is, we are putting this effluent on golf courses right now. Page 24 February 1, 2001 It's seeping down through the layers into our aquifer; the aquifer that our pumps are, say, roughly eighty feet down. Now, the water somehow is becoming purified during this seepage or during this percolation. So if we put water down 800, 900 feet and it seeps upward, it seems to me that the trickle-up effect would be no more lower deleterious than the trickle-down effect. And I can't see that we have this very serious and difficult question that you're bringing up because I think that we're living with this all the time. And I think that so far we've found that the results of nature have done a good job in keeping our water pure. COUNCILMAN TARRANT: All I wanted to say, Bill, is that your analogy of people getting on airplanes and the risk of flying and all that is interesting because we don't force people to get on airplanes. They do that voluntarily. If you go forward with ASR and pumping treated sewer water into a lower aquifer, you're exposing hundreds upon hundreds of private well holders in Collier County and 16,000 city water customers to an unwarranted risk and they will have little or no alternative to say anything about it if it is not placed on a referendum so that they can at least have the chance to vote on whether they want to run that kind of a high risk. COMMISSIONER MAC'KIE: Mr. Tarrant, despite all the science to the contrary, you are going to continue to repeat that, even though every bit of that has been refuted? COUNCILMAN TARRANT: I'm not only going to continue to repeat it, Commissioner Mac'Kie, I'm going to go out and raise private funds and fight this to the last inch. COMMISSIONER FIALA: Commissioner Carter. CHAIRMAN CARTER: Commissioner Fiala, then Commissioner Henning. And I think the rest of your debate, Councilman Tarrant, you can have with your City Council about this. I'm reading what's going on in this room. And I think that you may be in a minority opinion here, which you have a right to have, but the rest of us I think are going to move forward. COMMISSIONER FIALA: Just for clarification, I wanted to know, is there any risk to drill a test drill? Because Councilman Tarrant keeps mentioning the risk. I was wondering, is there any risk to the test drill? And Page 25 February 1, 2001 then, is there any risk involved gathering data from a test well? To me I feel that that's where we're going to eliminate the concerns of the risk. MAYOR MacKENZIE: No. But I think the concern that we have is where you put the test well is where you're going to put the real well. And I am very encouraged with -- COMMISSIONER FIALA: I think that's a great suggestion. It sounds like something we can all wrap our arms around. MAYOR MacKENZIE: To move it a little bit further north. COMMISSIONER FIALA: Right. MAYOR MacKENZIE: Especially because there aren't any treated wastewater ASR wells in the state of Florida that are under construction right now, we don't have a track record. I know that everyone in Collier County, elected officials or professional staff, are just as dedicated to the health, safety and welfare as the people from the City of Naples are. So I know you're going to build a good ASR well. That's not a question. The question is, as we do it for the first time, shouldn't we do it a little bit further away and increase that margin of safety?. Because it will be monitored. I'm not exactly sure what the remedies are if we do discover a problem, but we'll -- as we continue to negotiate this, I am sure we'll figure out what those remedies are going to be. But the first step has to be to increase the margin of safety and go on. CHAIRMAN CARTER: I think you'll probably find concurrence in this room, Mayor MacKenzie, with that. Because once we do the test, if it's done in a location we can agree to collectively, then as you monitor that and find out and get the data, that answers the first question. If there's no problems, of course we want to go ahead with the well. COMMISSIONER COLETTA: Commissioner Carter, if I may. Early on, in the past week or so, I have taken the concerns of Naples residents to heart. And they are voters and they are people that are taxpayers in Collier County and part of Collier County, in addition to being part of the City of Naples. And if their concerns are so great that they wouldn't like to have the test well in their immediate well field, I can respect that. And even though I see and I really believe that staff has got Page 26 February 1, 2001 this right as far as dangers being nonexistent, for the most part, or to the point of being in the millions as far as a chance of an occurrence happening, I do endorse moving the well field out to the Pelican well field area. And this is something I have been passing on to staff and told them that was the direction I was going to go in this meeting. We're going to have to realize that this test well is going to be leading to a whole new avenue. Not just effluent storage, but also of the excess runoff that we have during the rainy season. We're in a desperate situation. There is two issues that we keep hearing from our constituents out there; and that's roads and water. And I'll tell you something, we can't continue the way we are. We're not going to be able to get water from any sources. Either we go to the Gulf of Mexico and spend millions of dollars of taxpayers' money, that they're not going to appreciate, or we start to develop this technology to store our excess runoff from the summer months so that we can draw from it in the winter months when we need it. CHAIRMAN CARTER: Mr. Olliff, do we have public speakers? COUNCILMAN TARRANT: Could I ask one further follow-up, Chairman Carter, with your patience -- CHAIRMAN CARTER: Yes, sir. COUNCILMAN TARRANT: -- and indulgence, please, sir?. How far -- is the -- is there a Tamiami aquifer in the Pelican Bay area or not? MR. CHEATHAM: Yes, sir. COUNCILMAN TARRANT: Then if there is, then how far would it be from the proposed ASR in Pelican Bay to the Tamiami aquifer that lies above it? My guesstimate would be perhaps no more than 5 or 600 feet. So while you're talking about a distance of 3.5 miles from the city well as being a substantial improvement, I think what we need to focus on is the distance from the proposed point where the effluent or the sewer water is pumped in the ground to the Tamiami aquifer, which is probably no more than 5 or 600 feet. And in our interesting joint meeting last Friday -- and it was very productive -- it was pointed out that the Tamiami aquifer moves southwest at a rapid speed, at a much, much higher rate Page 27 February 1, 2001 of speed than, let's say, perhaps the Hawthorne aquifer or other aquifers. So my point is that all that material in the ASR well at Pelican Bay has to do is to migrate or leak upward 5 or 600 feet into the Tamiami aquifer and it's on an express train heading for City of Naples water fields. Thank you. COMMISSIONER COLETTA: Mr. Chairman, at some point in these proceedings, do you think we might be able to take a straw poll to try to find out what the council members and the commissioners, how they feel about this issue? CHAIRMAN CARTER: Probably. Tamela. COUNCILWOMAN WISEMAN: Tamela Wiseman, from Naples City Council. That was basically what I was going to say. If we could maybe see if we had a consensus either before or after the public comment. And also, we were going to get an update on the status of the administrative hearing? MR. OLLIFF: Yes. CHAIRMAN CARTER: Let Mike Pettit, counselor for the -- for Collier County. MR. PETTIT: Good morning, Mayor MacKenzie, Chairman Carter, commissioners, council. My name is Mike Pettit. I'm an assistant county attorney. And I have had some involvement in the administrative petition that the City of Naples has filed and have also attended a meeting in October 2000, which Councilman Tarrant was at as well as Commissioner Mac'Kie and county and city staff and Department of Environmental Protection staff which was, I thought, informative on the permit process. I want to talk about two things very quickly, the permit process, and I am going to move through that a little more quickly than I planned. Because I think -- my impression is, particularly having been in that October meeting and then again at the City Council workshop, you are all pretty well educated on it. Let me explain, the exploratory well or exploratory drilling permit that's now at issue that the city has challenged, a couple things. It took seven months to get to the point where the Department of Environmental Protection agreed to issue a notice to allow that permit to proceed. The city then challenged. And the city was able to do that Page 28 February 1, 2001 because that's always made a matter of public notice. And there is an opportunity for public comment, and persons with standing can challenge the DEP's decision. If that permit is issued, regardless of the location of the exploratory drilling, there will be no effluent injected into the ground as a result of that permit being issued. The purpose of that exploratory drilling is very simply to find out more about the geology and hydrogeology of whatever site is chosen for the exploratory well. There are two other permits that the county would have to obtain in order to have a fully functional, operating ASR well or wells. The first would be an ASR test well construction permit and that's truly the test well. That's essentially a temporary operating permit. The permit would allow us to build an ASR well. We would run tests for nine to twelve months. That data would be analyzed by the Department of Environmental Protection and the county. It certainly would be open to the public. And at that point a decision can be made as to whether that site was appropriate again to proceed forward with an operating permit to allow additional -- that well and additional wells to continue in a regular operating fashion. That also is subject to a permit process. Each time that there is a permit to be issued, affected members of the public can challenge that permit. Moving to the administrative hearing process, we're now in what's called an informal hearing stage. That means, theoretically, that there are no disputed issues of material fact. And I'll come back to that in a moment. The city recently requested that that process be given a sixty-day abatement in order to have a meeting such as this and also the meeting that occurred a couple weeks ago at the Council, where there was a workshop on ASR issues. The county responded and agreed to a thirty-day abatement, which would run out on February 12th, this month. You should all be aware -- and you may not -- that the DEP objected to both the city's request and the county's request. And their point of view was that the abatement should end today. Now, I will tell you, when they entered that objection -- and I Page 29 February 1, 2001 think their concerns are administrative because this permit has been in limbo for so long. When they made that objection, they were unaware that this meeting was scheduled and they were unaware that the Council workshop was going to go forward. And I'm sure you can get information from the City Council people, who can get information from their own attorneys. I have had one telephone conversation with the attorney from the DEP. Her position is now -- we have really three time periods before the hearing officer. And the hearing officer has been silent. She has not made any ruling on the city's request for a sixty-day abatement. She has not made any ruling on the county's agreement to thirty days of that sixty days. And she's made no ruling on the DEP's objection. I think it's important and -- COMMISSIONER MAC'KIE: I'm sorry. The DEP objects to the delay? MR. PETTIT: Yes. COMMISSIONER MAC'KIE: I didn't know that, okay. MR. PETTIT: I think they were under the impression that this meeting might have occurred sooner. And I think at the time that the attorney entered the objection, she was unaware that this meeting was in the offing. And now that it's been scheduled, I think -- and I can't speak for the DEP or her, but I believe that they would be willing to step back from the objection because obviously the two bodies are speaking. I think it's important -- I want to end on this note. With respect to the exploratory drilling permit, it's at least the county attorney's office's position and the staff's position that the challenge that's been made by the city is premature. And here's why I say that. I've read the city's petition and I have been in the meetings, and I can tell that the concern is ASR technology. The exploratory drilling really has nothing to do with ASR technology per se. It's to find out what the hydrogeology and the geology is at whatever site that exploratory drilling takes place at. That information would then be available to both the city and the county and the general public to assess whether proceeding at that site with an ASR test well is a feasible or a Page 30 February 1, 2001 good idea. The county may conclude it isn't. The city may say, "Now we have reason to really challenge what the county wants to do." And there could be a lot of outcomes from that result. And so I think that's one of the things I wanted to get out today, is that the exploratory drilling permit is not the place to debate ASR issues. That probably would occur at the ASR test well construction permit phase. And I want to emphasize that the city or other people with standing would have an opportunity to make a challenge there if they were concerned about the ASR technology. COMMISSIONER MAC'KIE: But hopefully, Mike, we've done so much of that challenging and discussing already that we won't have to do it again or a majority of us will agree not to continue to do it. Because your point is right. Technically this is a dry hole that we seek a permit for. But we have all learned more than we ever thought we would probably learn about injecting water into our aquifers and what the layers are between. And hopefully we won't have to continue to have that discussion. MR. PETTIT: One other quick point on the status. If the administrative proceeding goes forward and if the county and the city cannot stipulate to a joint set of facts for the hearing officer to look at, the proceeding will go down a different route. And that route is before the Division of Administrative Hearings. And it will become a true trial-like process. And then we're going to enter the world of depositions of experts, depositions of city and county staff and it will extend out over time. COUNCILMAN GALLEGERG: Mr. Pettit, when Commissioner Mac'Kie earlier brought up the possibility that the Commission would move the site of the well to the site we've heard today, 3 1/2 miles away, I assume that includes, as it must, where the test well would be drilled. COMMISSIONER MAC'KIE: It does. COUNCILMAN GALLEGERG: How would that affect the permitting process, if at all? MR. PETTIT: Without researching -- and I'll give you my unresearched opinion. No lawyer likes to give an opinion without doing research. I think it would moot the permit that we have Page 31 February 1, 2001 out there pending. COMMISSIONER MAC'KIE: We would have to start over?. MR. OLLIFF: Yes, ma'am. MR. PETTIT'. That would be my opinion. We have our consultant here and Jim Mudd. I see Jim shaking his head. I think we would have to start the permit process over. COUNCILWOMAN TAYLOR: And what does this do to your time lime to get the money, which is the reason we have pushed this forward, right? COMMISSIONER MAC'KIE: Grant. COUNCILWOMAN TAYLOR: What does this do to your grant possibilities? MR. MUDD: We've asked the South Florida Water Management District to extend that $200,000 grant that they had given us that -- that sunsets here the 1st of July for a two-year period of time for us. We're waiting for their answer. And Commissioner Carter has graciously said that he would also write a letter to the South Florida Water Management District and their board to -- their governing board to recommend that we get that extension. We don't have an answer back on that. If we move it to the site that's the Pelican Bay well site, it's going to add six months to the process because we're going to have to go out there and ask for another permit. COMMISSIONER MAC'KIE: Mr. Mudd, might it be helpful if-- just an idea -- if the City Council were to write a letter in support of the continuation of the grant? It might help us. Because this is basically a political process, right? These are gubernatorial appointees on the board that will decide whether or not to give us the extension on the grant. I would just make that comment, if City Council would consider supporting our request to extend the grant. CHAIRMAN CARTER: I think that's all reasonable. I would like to go to public input. I need to do that. And then we can take the straw vote. MR. OLLIFF: Mr. Chairman, we're going to get a public speaker. There's about six of them. But I want to be real clear on the record that the staff recommendation to you hasn't changed. We still firmly believe -- and we were asked to provide some Page 32 February 1, 2001 additional supplemental information about alternative sites to be done. Your staff's recommendation isn't moving, though. Our recommendation is that we believe there's enough good science, good protection in terms of the relocation that we recommended to you. If both of these boards collectively want to make a decision that is for public perception reasons, or for other protection reasons, that is certainly your purview. But our recommendation -- I just wanted you to know -- is staying where it's at. You have six registered speakers and I'll call the first one. I think it's Thomas and I believe it's Macchia, followed by Gil Erlichman. COMMISSIONER MAC'KIE: As they are coming up, Tom, I appreciate that it's your job to give us your best professional recommendation, and that's what you're doing. I also know that you understand that the policy makers have to make those decisions based on that information and on other factors. And in this case my hope is that a majority of the board is going to agree is that an extra million, million two, an extra six months is worth it for the comfort level of the community. COUNCILMAN GALLEGERG: And which money comes back eventually. COMMISSIONER MAC'KIE: That's right. CHAIRMAN CARTER: And everyone, again, five minutes, please. Appreciate it. MR. MACCHIA: My name is Tom Macchia. I'm from the county. My father always told me, "Follow the money." And I just heard about the $200,000. I'm afraid of this thing because it seems to me, as compared to percolator ponds, which cost more money, they can be monitored. You know, out of mind, out of sight (sic). You pump down 500 feet, 600 feet, it's going to be more difficult to monitor, I'm sure of that, without being an expert. If something goes wrong, which does happen in your plants, when you're cleaning up this poop, urine and chemical waste, you could find it out much simpler if it's in a percolator pond rather than if it's 5, 600 feet under the ground. Page 33 February 1, 2001 The experts have been wrong so many times before that I just don't have the trust in it that the people who are looking for the $200,000 grant are. A lot of people are blaming Fred Tarrant for slowing up this process. And yes, he is to blame. But what we get out of it is a couple of things. It gets a chance for the people and the public and the drinking public to at least have an opinion about it. Otherwise, this thing would never be discussed. There would never be articles in the paper. There would never be experts talking about it. There would never have been the joint meeting before. There never would be this joint meeting. And at the very least it spreads it out so people in the public, in the drinking public can take a look at it. In the brochure that me and Erlichman put out, we suggested that where this is really going is that they are going to eventually have us drinking this poop, urine and chemical waste. And that's exactly what's been going on -- they are claiming is going on in Gainesville. And this is where it's going. And the reason they want to stop you from doing the test well is because the test well -- the purpose of the test well is to treat this effluent and pump it under the ground. So you try to stop it at the first -- when you first start off. And I'm curious about something. You put a test well down at point A and then that's not where you are going to put the well. You make some decisions about the geology in that one particular point and then you go someplace else and you drill a well someplace else. I don't understand that at all. Anyway, that's all I have to say. CHAIRMAN CARTER: Thank you very much. Next speaker, please. MR. OLLIFF: The next speaker is Gil Erlichman, followed by Virginia Cochran. CHAIRMAN CARTER: And if the person that is going to speak after Gil could be in what I call the on-deck circle, if you could come up, we would appreciate it. COMMISSIONER MAC'KIE: Stand in line. MR. ERLICHMAN: My name is Gil Erlichman. I live in East Naples. I retired from the Gordon Company back in 1976, after Page 34 February 1, 2001 serving as technical director in the foods division of Real Lemon Foods, where my duties were quality assurance, quality control and water treatment. It has taken us about 200 years to arrive at a point in time that we have relatively safe drinking water and modern sewage treatment techniques. We don't worry about our tap water bringing us water-borne diseases, i.e., typhoid, cholera, et cetera, that plagued cities until the end of the 19th century. Contamination of a water supply is very hard to reverse. Once it happens, the disaster clock runs with little to stop it other than -- other than Draconian measures of disinfection and stopping the source of the pollution or the pollutant. Drilling holes into the earth answers only one question. Examining the core of what is removed from the bore, we get a vertical profile of the underground strata that exists in that one small area, specific only for that one hole. Only by drilling and examining other cores can we map a certain geographic area and surmise the underground structure. The permeability of the various layers must also be tested. Even then we do not have exact answers. Me must monitor the travel of the introduced liquid under pressure; that is, treated sewer water. You are going to pump under pressure treated sewer water underground so that it will be stored between the Hawthorne aquifer, that's brackish water, and the Tamiami aquifer, that's fresh water. The Hawthorne aquifer is used by Collier County to provide drinking water by using reverse osmosis to remove its saline content. By placing treated sewer water between the two aforementioned aquifers, we are placing the aquifers at extreme risk. How are we going to be sure that there is no leakage or permeation into either of the two aquifers or both? I hold all you county elected officials responsible for any future contamination of our water supply resulting from this proposed project. Thank you. CHAIRMAN CARTER: Thank you. Next speaker, please. MR. OLLIFF-' Next speaker is Virginia Cochran, followed by Kathleen Slebodnik. MS. COCHRAN: I'm Virginia B. Cochran from Olde Naples. And I want to speak to the cost factors that seem to be the basis Page 35 February 1, 2001 of the discussion here. Relating to these costs, I want to direct your attention to the fact that when the county presented options at the last meeting, and there were three of them, an option was left out, in my opinion, for water storage, for preserving natural areas, for water recharge. This would be consistent with your comprehensive plan that goes for both city and county. And I would point out that as far as the cost factor is concerned, nature's treatment is free. Nature does it. And to dispel Mr. Macllvaine's concern about the irrigation on -- reused irrigation on the golf courses, that can be explained, I think, to your satisfaction and to alleviate your concern by geologists or natural resource representatives on your staff or from water management. They can assist in an educational explanation of how the natural processes work. That's one of the reasons we talk about a land preservation program. It's something that we have in the city, at least in a very small way through our city land trust, and hopefully in a large way in the future as well as in the county. It's a lovely amenity to add green space to the community, as well as providing aquifer recharge. I highly recommend that a further study and cost evaluation be done on this process as a fourth system, as a fourth option. This whole discussion stems from the advice of water management that the area is approaching the end of its water supply. Clarence Tears, executive director of the Big Cypress Basin Board, put it this way at a recent Big Cypress Basin Board meeting. '~/e are all tapped out." That's just as clear as can be. And unfortunately no reporter was there to report it at the time. That was October the 20th. City and county need, therefore, to consider what I call a water budget. How much water is there and how many people are we committed to serve, to build on? That's linking water use planning and land use planning. The city already has Policy 2-21 directing this approach. And on a cost basis figuring out how much water is needed in the near and long term is the sensible, businesslike approach. What you're talking about now is a number that you have no Page 36 February 1, 2001 idea, doesn't relate to anything or any program or any old program for the future. On a cost basis, figuring out how much water is needed in the near or long term is the sensible, businesslike approach. And every citizen, all of us who live here need to understand and appreciate the city and the council are proceeding on a solid, businesslike basis to meet this significant challenge which is going to cost a lot of money. Thank you. CHAIRMAN CARTER: Thank you. Next speaker, please. MR. OI. LIFF: Next speaker is Kathleen Slebodnik, followed by Clarence Tears. MS. SLEBODNIK: Good morning. My name is Kathleen Slebodnik and I recently attended the Everglades Coalition meeting on Hutchinson Island, which is off the coast of Stuart, as a representative of the Florida League of Women Voters. The league doesn't have many positions on environment. It has none on the ASR. But I would like to, if I could, just briefly give you a summation of a meeting that I attended at the EVCO conference. It was on underground injection control. It was done by a group of geologists and it had no advocacy. It was simply a scientific representation of what they had studied. And they had studied the well system in the Miami-Dade area. The issue of confining units is central to the underground injection control and to ASR. And we are talking, their report dealt with 3,000 feet. Miami-Dade has seventeen wells that are now in operation. They are the largest participator in the underground injection control system. Wells one through seven were pumped below the confining layer, which is a heavy dolomite layer, and a core sample was brought to this meeting. Wells, however, eight through seventeen were injected above this confining dolomite layer. And the geologists' report find now that the sewage is now rising upward through the drinking water supply. We are still talking about very deep injection. But it was thought that 350 years it would take for this water to rise. They are now finding that it is between seventeen and three-and-a-half years that this water is now rising into the aquifer and it's being found up through Florida Bay, Biscayne Bay and the Everglades. Page 37 February 1, 2001 I think we have to expect the unexpected. And all I have -- when I left this meeting, I think -- and you have mentioned this before, we need to very carefully balance the benefits received with the risks involved. And I think probably the wisest thing that I heard when I left this meeting was the engineer who stood up and said, "Please remember, in time all things leak." Thank you. CHAIRMAN CARTER: Next speaker. MR. OLLIFF: Clarence Tears is your last registered speaker. CHAIRMAN CARTER: Thank you. MR. TEARS: For the record, Clarence Tears, director of the Big Cypress Basin. We all had a large meeting recently, so I won't go into a lot of details. There is a couple issues. Lower West Coast Water Supply Plan was developed. There was people from the city representing the city, from the county, from -- I think five counties were at this meeting. And this plan looks at 2020 projections and says, "How can we meet our water supply demand?" And as part of that plan there was a list of alternatives, reverse osmosis, ASR. And at that time everybody agreed on that plan and supported it. And ASR is a proven technology. Everybody's concerns here, it is proven. It is being utilized in Collier County and it is working. You're talking about putting a highly-treated effluent, which meets drinking water standards. You're not injecting it one way, keeping it there. You're pulling it back out to utilize it. So we're reducing the impacts on our surficial aquifer. Our surficial aquifer is almost used up. We can use it -- we can actually take more water out of the surficial aquifer, but we have impacts to the environment. We have draw downs, which you'll see major consequences. We have a lot of flows going over into Golden Gate main where you lose almost 180,000 million gallons a day. Our current potable demand is 40 to 50 million gallons a day. That's a utility demand. I'm not considering our demands on the private wells. But ASR is proven technology. We need to move forward with it. Because what it does, it protects our resource and it allows us to utilize this water supply as best possible. There's been a lot of articles in the paper and a lot of Page 38 February 1, 2001 commentaries, and some of them are very good, that people realize that we need to protect our water supply. When I stated we were tapped out, yeah, we are tapped out of our cheap water resource. We need to go to alternatives. In the Lower West Coast Water Supply Plan we talked about desalinization of the gulf. None of the utilities wanted to hear that because of the cost. So if you move forward and talk to the taxpayers, talk about cost too and reasonable risk. Because our cheap water supply is extremely vulnerable because every year when the water -- ground water levels draw down, after we have heavy rains, it rebounds extremely fast. So what does that tell you? It tells you the rainwater is getting back into the ground. With that, I just really -- I do support this and I think the risk is reasonable. It's a reasonable risk. I mean, we're meeting drinking water standards. We're testing water before it goes into the ground. There's other ASR projects in Collier County that are working. So it's -- the technology is proven in Collier County. And all this is moving forward with an exploratory well to just look at the characteristics. We don't even know yet if it will work. But you have got to do an exploratory well to look at the process. Thank you. COMMISSIONER HENNING: Commissioner Carter, we have some concerns from some of the speakers and also some of their comments, and I would like for somebody to address them. One by Mr. Erlichman about the assurity (sic) factor is, how this is -- how are we going to assure that this is not going to affect our drinking water. And Ms. Cochran addressed a water budget. I think that was a very good comment. And I would like to ask if the county is going to be doing anything in the future about that and address those. MR. OLLIFF.' I'll answer the second part of your question or probably Ms. Slebodnik's question first -- well, Ms. Cochran's question in terms of long-range master planning. The County Commission does have in its possession and approved by the previous board twenty-year master plans for both water and wastewater, to try and project what we know in terms of growth patterns, where that growth pattern is going to Page 39 February 1, 2001 be, what the water projection capabilities are we have in terms of drawing raw water, treating that water and getting it out to the customers. So you do have a fairly significant and fairly detailed master plan for how to provide that water resource. It does recognize, I think as Clarence Tears indicated, that you are and have run out of what we consider to be the cheapest water source. And Collier County was fairly advanced probably seven years ago. And I remember reading a letter to the editor saying the county needs to consider reverse osmosis as future technology. And just so that everyone knows, Collier County seven years ago invested in and has developed a reverse osmosis plant. That is the technology that is used at your north water treatment plant. In fact it's been in existence so long, we're actually already in the process of changing out the first set of filters that we put in that plant. And Collier County, trying to understand that that initial low, easy-to-access cheap water source was beginning to become limited, we were drawing down from much lower aquifers almost a decade ago and will continue to look at those aquifers as the resource for our future development and growth in this area. COMMISSIONER HENNING: This water master plan, is that part of our growth management plan also? MR. OLLIFF: Yes, sir. COMMISSIONER MAC'KIE: Basically what we do for roads, we do for water. COMMISSIONER HENNING: Good. Thank you. COUNCILMAN HERMS.' I have one. CHAIRMAN CARTER: I think we have another part of a question being answered, Councilman, and then we'll take your question. MR. HORVATH: For the record, my name is Lloyd Horvath, with Water Resource Solutions. We are consultants to Collier County in this. COMMISSIONER MAC'KIE: You're an engineer, a geologist? MR. HORVATH: I'm an engineer and hydrogeologist. I have been working in Southwest Florida for more than twenty-five years and in Collier County for almost that entire time; president Page 40 February 1, 2001 of the company. The issue of protection is probably the biggest issue here to concern ourselves with. Obviously that's where everybody is most uncomfortable. And I'm a scientist and so I'm going to have to deal with it in that manner. The fresh water aquifer system that we're dealing with here extends down to a hundred and -- a hundred plus feet, maybe a little more than that. After you get through what's the marginally productive zones at the bottom of that system, you'll go into a clay that is very regionally consistent. There is -- we talked about confining layers. There was some comments about confining layers. These confining layers that are below the fresh water aquifer system are virtually absolute. This is clay confinement. This isn't dolomite. This isn't the kind of thing that cracks. And these soft, malleable clays are the basis for our confidence that this water is not going to be moving up, We want to show you how pronounced that clay is. There's a couple hundred feet of clay, a hundred to 200 feet of clay that separates the fresh water system from the highly-pressurized brackish water system. We will have -- we will obviously demonstrate to you how consistent that confinement is. We're going to introduce monitor wells, which will also be able to track it. This is how we are going to essentially guarantee or provide the assurance that, you know, will ultimately make you comfortable with the system. COMMISSIONER HENNING: That wasn't the question of Mr. Erlichman. He stated that we're pulling out of the Hawthorne for our drinking water through reverse osmosis, that is where we're going to be storing our treated water. So I think his question was, what kind of assurity (sic) that that's not going to migrate to where we're pulling out of the Hawthorne. MR. HORVATH: Well, that is the kind of questions that we have to answer as part of the permitting process, to be honest with you. I mean, those questions have to be addressed very specifically with the DEP. There are regulations about how close -- how close the wells Page 41 February 1, 2001 can be to drinking water wells. How far your fluid is allowed to migrate. You'll have to have monitor wells in between the system to demonstrate that it's not moving there. So we have to define that by means of the testing and the, you know, computer modeling that we do. COMMISSIONER HENNING: Can I ask you to make that available to the public and encourage it by making sure that it's available to the City Council members, County Commissioners and general public? MR. HORVATH: It will be public information and it will be presented in duplicate copies. COMMISSIONER HENNING: Thank you. COUNCILMAN TARRANT: Could I ask a question, please? Is it Mr. Horvath; is that right? MR. HORVATH: Yes, sir. COUNCILMAN TARRANT: Thank you, sir. What is the confining layer between the proposed ASR well at Pelican Bay and the Hawthorne? MR. HORVATH: What is the confining -- the confining -- it consists of a clay unit that is approximately anywhere from between I and 200 feet thick. That is the primary confining unit. There are numerous other confining units farther down in the system, but the one that we rely on most, that separates the fresh water system from the brackish water system, is this clay confining unit. That has been identified in every hole that has penetrated those depths anywhere within this region. So that confining unit has been measured offshore via sonic profiling, five miles offshore or from Marco Island north to distances north of Naples and found to be very consistent. And the beauty of that unit is that it's made of clay. It doesn't break. That's a self-healing unit. COUNCILMAN TARRANT: Are there natural springs, major natural springs in this area or in the gulf? MR. HORVATH: I have seen natural springs in the area around -- for example, around Rookery Bay. You can see boils of water coming up. We've had to research these, actually, in -- related to another aquifer storage and recovery project that was going on down around the area of 951 and U.S. 41 for Marco Island's utility Page 42 February 1, 2001 system. COUNCILMAN TARRANT: And from what -- MR. HORVATH: Those -- that water is coming out of the Tamiami aquifer system. It's the fresh water that -- coming from the fresh water system that the City of Naples is pumping. And that is water that's leaking up through the marginal semi-confining unit that overlies the shallow aquifer that is being produced by the City of Naples. That's the source of the water in the springs, at least that I know of, and the way it's been pointed out and identified in the immediate coastal area. COMMISSIONER FIALA: I would like to ask an ever-so-basic question from one who is just learning about water and storage and everything. So for the record, my name is Donna Fiala. The drinking water that we pull out of our fresh water aquifers, does it then go into the plant and get treated before it comes out of our faucet? MR. HORVATH: Certainly, yes. CHAIRMAN CARTER: I also understand that the quality of the water that we use in a deep-water injection is a better quality going into the aquifer, Hawthorne aquifer, than the water that's already in there. MR. HORVATH: Well, certainly from the standpoint of salinity it is. It would be a lot easier to treat than the water that is already in there. There's potential benefits from this. For example, speaking of leaking injection wells, that's known to occur up in the area around St. Petersburg, for example. And there's a history of a problem up there. But people are looking at that water that has now emerged up from the zones that they -- they inject into a rather shallow zone of 800 feet there. It has now moved up into the shallow system where it can now be tapped for people who want irrigation water. And they love it. And it's sort of a -- and they are almost calling it an ASR system now indirectly. That's not what they wanted to have. But they are delighted to have it. There's nothing -- they haven't found any problems with the water except for a little bit of an elevated level of nitrogen. COUNCILMAN TARRANT: If I may just address Commissioner Fiala's comment about the water plant treating Page 43 February 1, 2001 the material. And I'm beginning to feel a little like Don Quixote, jousting with windmills here. But it's interesting that Dr. Woodruff, who was our city manager for many years, and he made a comment at a water seminar that we had at City Hall shortly before he left as our city manager. And we were discussing this issue and he pointed out, he said that, "When you bypass Mother Nature, when you bypass that natural process of water landing on top of the ground and working its way down through the various layers, toward the aquifer, when you bypass Mother Nature," he said, "we can draw substances into our city well points, our city wells, that our city water plant is incapable of processing." And Colonel Mudd also addressed that issue last Friday when he pointed out that one contaminant, sporidiosis, cannot be monitored and cannot be screened. And is -- hides out -- as he expressed it correctly, it hides out in suspended solids and there are no guarantees. So to assume that, hey, it doesn't matter what you put in the ground because our water plant is going to purify it and nothing is going to get sick or die or feel the effects of it, even people with severe immune systems that are damaged immune systems, that is untrue. Thank you. COMMISSIONER MAC'KIE: I just have to say, I have found in a position of leadership that you can't always be only opposed. You have to also propose solutions. And Mr. Tarrant, with all due respect, I envy that you're in a position of merely pointing out inadequacies. That's an easy job. But leaders are required to propose solutions and not merely to poke holes in every idea that comes forward. COUNCILMAN TARRANT: And I appreciate that, Commissioner Mac'Kie, and that's a fair statement. But I have to tell you that when I was a youngster up in Saratoga Springs, we had a swimming pool at the YMCA that all the officials said was perfectly safe and a great place for the children to swim. There were a dozen of the youngsters that contracted infantile paralysis from swimming in that contaminated water in that pool. My brother was in a wheelchair throughout his life from polio. I feel deeply about water contamination. COMMISSIONER MAC'KIE: Yes, sir. And if we used that Page 44 February 1, 2001 example, we would prohibit swimming pools. COUNCILMAN TARRANT: No. We have a cure for polio, thank God. We don't for cryptosporidiosis. CHAIRMAN CARTER: I understand everybody's point. And I think I could take ten scientists from each side of the argument, put them in a room and they all could debate the issue until the end of the day. It is the people who have to make the decisions based on all that data and information that are the ones that have to exercise the leadership, to make the tough decisions called political will. We were put here to make those decisions. We do them to the best of our abilities. And that's where I find myself, after reviewing all of this and hearing all the arguments. So I would like to call for a straw vote on the Board of County Commissioners, as I'm sure Mayor MacKenzie would like to do to the City Council, to go ahead with a test well at the Pelican Bay well field area, a test well. And assuming that everything is okay out of that test, we would have an expectation that that's where the ASR well would be. COUNCILMAN HERMS: Could I just -- before you go to that vote, can I -- I have been waiting patiently to say a couple things. CHAIRMAN CARTER: Yes. COUNCILMAN HERMS: I have been trying to get a much clearer understanding of this issue. I know three of the commissioners here -- this is a very new issue and you kind of have been thrown into this thing. In the past they have kind of set you on a direction that this was where the county was going to be going. From the city's standpoint, we've got a situation, as you know, of a well very close to it. But we also have a whole other set of wells out in the Golden Gate area that is for the county and is for the city. And we haven't had any kind of presentation as to how far this proposed Pelican Bay field is from our other wells. But beyond that, I got on the telephone and I called all across this country. I went first to state officials up in Tallahassee and I went to experts in Gainesville and I went to experts in Tampa. And then I went to experts in Arizona and Atlanta, okay. And there was one common thread that I received Page 45 February 1, 2001 from everyone; and that is, Collier County is on the forefront of this issue. And the encouragement that I got back from the various people that I talked to was to bring in to our community some of the absolute best people you can find throughout the nation and have them talk to you about the scientific aspects of this ASR technology. Now, today the Commission and the Council may make the decision to move forward at a different location. But even that other location has the potential same problems as this location. And I think it's going to be very, very valuable for us all to get a much more complex understanding of the benefits and the possible negatives of this technology. And I'm going to encourage our Council and members of the public to try to put together some kind of a seminar where we can bring in some of the best people in this field. There's a Dr. Rose that I spoke to who is involved right now with CH2M Hill in a research project for the Everglades ASR wells for an analysis of the contamination of basically the pathogens that may be injected underground. That's the kind of people we need to hear from to get a better understanding of whether this is the best decision. Because the alternative decision has a price tag attached to it. It's 20 or $25 million, according to your staff. It's an above ground storage facility. But we need to have some better information. And certainly maybe that process is a possibility if you are going to amortize the bonds on a longer period of time, so that you don't have to charge more than what the market will bear. I think the market will bear 45 cents per thousand gallons. But I think there are some alternatives here that we need to take a look at. And I do think we need to get a more complete education of it. Because not only is this issue going to affect our community, but their proposal in the Everglades is going to have an immense effect on the complete southern portion of our state. CHAIRMAN CARTER: And I think it will be a process, Councilman Herms, where that will take place. And the people, whether it's Dr. Rose, or whoever it is, whoever debates these issues, will be just as much the same as Dr. Foretone (phonetic} Page 46 February 1, 2001 told me at the Conservancy, he could bring world experts here on mangroves. He says, "If I put seven world experts in the room, you'll get seven different opinions out of it, and the care, the treatment, et cetera, et cetera." At the end of the day you take all that information and you try to figure out what's the best course of action. I don't disagree with you. That may be something the Conservancy will want to embrace and be the facilitator of that kind of thing as we evolve through the process. In the interim, we can find out what we need to do and not delay this process because, again, it is a test. If something is discovered in the test and it doesn't work, I'm with you. I don't want to go there. If through that process we find out that there are other things we need to consider, we can do it. However, at this point it seems to me to be a logical, scientifically-based approach that we should not ignore, so it's -- COMMISSIONER MAC'KIE: Mr. Chairman, I would like to ask you to poll the board on the question of acknowledging the additional cost and the six months' delay in the best interest of the comfort of our community, to give them the confidence that we are going, someone said the extra mile, but it would be about the extra three-and-a-half miles to ensure their safety, that the board endorse the changing of the location of this test drill and the eventual ASR wells to what we are calling the Pelican Bay well fields, as identified on the map that was shown earlier. COUNCILMAN TARRANT: Commissioner Mac'Kie and Chairman Carter, could I courteously and politely urge not to have a straw vote? When we came in here this morning, it was pointed out that we were not here for the purpose of voting. We were here for general discussion. And what I see happening with this straw vote idea is basically what -- I think it was Rudyard Kipling said about little fishes and walking into crocodiles' laws, welcoming the little fishes in. So I think it would be much better, much more prudent for the City Council to have time to go back and reflect on what was brought forward today, think about it, analyze it, have our own meeting at City Hall and discuss this matter. Because if the Council takes a position today in favor of Page 47 February 1, 2001 what is being proposed, which is that, A, one mile is no good, but three miles and a half is okay, I think it's premature. And I think it puts the Council on record as going in a direction without sufficient thought, but that's just my feeling. COMMISSIONER COLETTA: Councilman, if I may, I understand what you are saying, but we have the Sunshine Laws to comply with. This is the only chance we're going to have for open discussion for one heck of a long time. I want to know how the Council feels in the City of Naples because I want to know how my fellow commissioners feel. This is the one chance I have for that opportunity. I don't want to delay any longer. I need direction. And while we're at it, Councilman Herms, you brought up a very good point about the well fields out in Golden Gate Estates. Those well fields have impacted Golden Gate Estates in a tremendous way. Our canals have been dried up, people out there's wells have been impacted. And we have not made a tremendous issue because we know of the need for water for the City of Naples. We've stood by and watched this happen time after time after time again. Now we have the water transmission line being put in on Golden Gate Boulevard and we have been denied access to it for fire protection. And we're at a point in our existence out there where the situation is dangerous. I ask you to work with us as we're working with you on this particular situation. Thank you very much for bringing up that item. COUNCILWOMAN WISEMAN: To follow up on that, I think there's some issues that we share there. Because the City of Naples, if we're drawing down that much water, we're getting into septic systems. And that is a big issue, as well as the issue of pumping all of the millions of gallons of effluent into the Gordon River. We sometimes concentrate so hard on one aspect of the issue that we lose sight of the big picture. COMMISSIONER COLETTA: I agree with you and you couldn't be closer to the truth. And we have proof of it. We have pictures of canals that have been drawing down when your wells are going. And I'll tell you, that has one detrimental effect on the Page 48 February 1, 2001 wildlife out there that is insurmountable. Especially now in an especially dry season, there is no place for them to go. COUNCILWOMAN TAYLOR: I would like to just say one thing. That we, as a city, look at the county and say, "You've got the problem." But that's not true. Sixty percent or more of our water users use potable water to spray on their lawns, to put on their vegetables, to wash their cars. And if we have this kind of -- we have nonpotable water right now, that number would be reduced by twenty-five to thirty percent. And that's without the infrastructure we need. I know that Dan Mercer has talked to me, that we are going to be putting -- there's a plant, a water plan very much like your water budget that is coming before us. But we are not without problems here. It is not the county's problem. It is our problem. COMMISSIONER COLETTA: I appreciate it. This might be the start of a solution to be able to restore the ecology of Golden Gate Estates back to where it was. CHAIRMAN CARTER: I appreciate all the comments. But in the interest of where we need to go in our agenda, I would really like to get this polling taken. It is not binding. You can still change your minds, but at least we have some sense of direction. So I will poll our board. COMMISSIONER MAC'KIE: Could I make one comment, Mr. Carter?. I'm sorry. I'm just worried -- I need to know if the City Council is going to likewise take a poll because -- CHAIRMAN CARTER: You want them to poll first? COMMISSIONER MAC'KIE: I've already heard from Mr. Olliff that he doesn't like the idea of spending this additional money. My proposal to move -- to add the time and the expense is based on a hope that we will not have a continuing administrative hearing process. Because if we add six months to the process by moving it to the Pelican Bay well field, if the City Council should determine that it has to continue to object and file administrative appeals, then, you know, that adds an unmeasurable -- immeasurable amount of time to the process. And I'm hopeful that we have come together on this point, but I think it's only fair that we know that first. CHAIRMAN CARTER: Well, I concur. I am making my straw Page 49 February 1, 2001 vote decision based on the fact that we are not going to go through these other processes if we're going to move forward and we do not delay what needs to be done. And if it's going to go the other way, then I will concur upon our CEO. COMMISSIONER COLETTA: May I suggest you make that a suggestion rather than a condition? MAYOR MacKENZIE: Why don't I ask Mr. Moore, who is representing Beverly Grady from Roetzel & Andress today. MR. MOORE: Good morning. The only -- the concern that we have is obviously that we are in the middle of a litigation proceeding. The City Council has called a special closed executive session to discuss strategy related to litigation expenditures. I don't think that the city -- my advice to the city is, I don't think we can really commit today one way or the other until we have that closed session meeting and make some determinations as to the strategy. And I think a poll on -- the city is free to do what it wishes. But my advice to the city, my opinion is that until we have that meeting to discuss how -- what the strategy is in relation to the administrative proceeding in private, I don't think we should take MAYOR MacKENZIE: What about if we just did an opinion from the Council about relocating the well? COUNCILMAN TARRANT: Mayor MacKenzie. MAYOR MacKENZIE: Well, I would like to hear from Mr. Moore, please. MR. MOORE: Well, as long as the opinion is related to just the issue of whether or not the city might be willing to agree to a new permit relating to moving the well without any comment on what the city is going to do with its existing litigation and challenge to the permit that's now on the table, and as long as everybody understands that it's an opinion only and not binding, then I think we can go forward and do that. MAYOR MacKENZIE: CHAIRMAN CARTER: MAYOR MacKENZIE: Taylor's opinion. COUNCILWOMAN TAYLOR: how to answer it. Okay. That sounds good. Would you like to poll your group now? Oh, okay. Sure. Let's start with Ms. Give me the question so I know Page 50 February 1, 2001 MAYOR MacKENZIE: Mr. Moore. MR. MOORE: I guess the question would be, whether-- if the county had changed its proposal and had proposed the test ASR well at the new site for the Pelican Bay well field, which everybody understands would be a different permit process, whether or not the city would be willing to entertain that without opposition, recognizing that this is a nonbinding opinion at this point? COUNCILWOMAN TAYLOR: Yes, I would. MAYOR MacKENZIE: Did you have any other comments that you wanted to make? COUNCILWOMAN TAYLOR: I think this is a very important compromise. And I have fought the county for this. And yes, I would. MAYOR MacKENZIE: Ms. Wiseman, your opinion? COUNCILWOMAN WISEMAN: I want to be careful about what I say because I think the issue is so complicated. And I guess personally I wasn't ready to completely throw out the first location, although I do appreciate the fact that the county is offering an important compromise position. And I do think it's an important step in a cooperative effort between the city and the county. I'm hopeful that after we have our executive session, that we will have less rather than more litigation on the part of the City of Naples. Thank you. MAYOR MacKENZIE: I would like to put on the record that I think my version of the city's concerns and objections may not entirely agree with Mr. Pettit's and I won't go there any further. But he had outlined some things. And since we had not rebutted them in any way, I did at least want to say that. The other thing I wanted to say is that I'm very encouraged by the concept of moving this test well and if approved eventual storage well further away from the city's well fields. My concerns are still there. My reservations are still there. But they are reduced as this is moved away from being on top of the city's well fields. They could be reduced even more if instead of putting wastewater in the ASR you put stormwater in the ASR. But that doesn't seem to be under discussion today. COMMISSIONER MAC'KIE: But hopefully it will be in the future. Page 51 February 1, 2001 MAYOR MacKENZIE: I would like that. COMMISSIONER MAC'KIE: I think that permit is much more difficult to get from the state, actually. MAYOR MacKENZIE: Then I think that as we go forward, the city intends to remain vigilant, but I think this is an important step. Mr. Herms. COMMISSIONER MAC'KIE: What was the answer to that question that your attorney asked you? Do you see if we were to go forward with the Pelican Bay well field, do you expect to support an administrative appeal for that new permit application? MAYOR MacKENZIE: I think that's a decision the City Council will make in an executive session. I don't think we can answer that today. I think that's what our attorney was telling us, was that we can express an opinion on whether or not we are favorable or receptive to the concept of a different location, but that's about as far as he wants us to go. And that's what you said you were looking for, so don't push too hard. COMMISSIONER MAC'KIE: Okay. I'll stop. Okay. MAYOR MacKENZIE: Mr. Herms. COUNCILMAN HERMS: I think -- number one, I think that the cooperative spirit of having all of us together here and discussing this very, very important issue is a very, very strong positive. As I mentioned earlier, I think we each have a long way to go to become educated to the negatives and the positives of this particular issue. The cone of influence that this new proposed location has may be very extensive. We listened to your experts a little over a week ago speak about the movement of this aquifer in a north direction because of the amount of water that's being pulled out up in the Bonita and Fort Myers area. So the cone of influence of those wells must be really phenomenal. Now, you've also heard today that you, the county, are pulling out of this same aquifer your drinking water. Is the cone of influence of what you're pulling out today and/or what you may be pulling out twenty-five years from today or fifty years from today going to be drawing from the exact same place that you're injecting this water into? Page 52 February 1, 2001 I think there's a lot of questions. And I go back to the same point I made with the Golden Gate area. Will we be pulling that water so far that we actually draw it into the Golden Gate area? And you have the best examples that I've heard of the impacts of this. So I think it's premature for any of us to completely commit to this. I think it's an interesting issue to take a look at. I am not -- I am not comfortable with the potential impacts of the pathogens and the chemicals that are in this water and the possible effects of that at this point. That's why I want to research the issue more and I hope we'll all get educated to that issue. So my feeling at this point is that I could not support it only because I don't have the facts on what the impact is. And I think you-all are in exactly the same situation. MAYOR MacKENZIE: Thank you, Mr. Herms. Mr. Macllvaine. COUNCILMAN MaclLVAINE'. My answer is yes. And I think that the preponderance of the expert testimony provides feasible assurance of safety. I think safety is the primary issue here. And I feel, really, too, I haven't heard anybody really give me an answer as to why it's acceptable for your aquifer to allow surface water to penetrate eighty feet, that's okay, but why -- in one direction, but why in the other direction even 800 feet difference in the two levels is unsatisfactory. In other words, the trickle-down effect is okay for eighty feet, but the trickle-up effect for 800 feet is not okay. So my answer is yes. MAYOR MacKENZIE: Thank you, Mr. Macllvaine. Mr. Tarrant. COUNCILMAN TARRANT: The county's offer to move the facility a little further away is what is described in the brokerage industry as a teaser. And they're really trying to buy us off on the cheap for 10,000 or so feet of distance when it is known that the upper Tamiami aquifer that moves toward our well field moves at a much higher rate of speed. I think what decision tonight -- I can count noses. I know what's going down here today. But the officials at the Department of Environmental Protection, Water Management District and Dr. Staiger, our own Dr. Staiger have described ASR Page 53 February 1, 2001 technology as experimental and highly controversial. And what's happening is, the public are being included as guinea pigs in this controversial experiment without full knowledge and without an opportunity to even vote on what is happening. I think this decision today that I hear will qualify on the long list of items that the great Russian writer/philosopher Leo Tolstoy described as the fortuitous outcome of innumerable human errors. Or what Roosevelt described as a day that will live in infamy. Thank you. Infamy. MAYOR MacKENZIE: Thank you, Mr. Tarrant. I have problems saying words too on occasion. But your point is well taken. COMMISSIONER MAC'KIE: It's a presidential trait, actually. COUNCILMAN GALLEGERG: You don't need my opinion, I guess. But my opinion is, nonetheless, in hearing everything today and in our previous meetings and studying the issue, it's complex. There's a lot of jargon that's necessary. But for me boiling down the jargon, number one, we're talking about a test well, which is part of the research and education that everyone in a position of leadership and everyone in the community needs. So I agree with Mr. Herms on that point. We do need research and education. I would put drilling a test well into research and education. As we go further down the road, if we go further down the road, I think it needs to be pointed out again that this water exists. As we pointed out today, sometimes you have to make a decision, even when perfection is not on the menu. And you make the best decision available. And I think this falls into that category. I understand that the County Commissioners obviously have the final say on this subject to permitting and our role is advisory. And I understand, too, that the county staff is prepared to recommend against moving the test well, as I understand it, primarily on the basis that there's good science for the present location and the cost difference. Page 54 February 1, 2001 And I would just like to say again, I do not see a cost difference. I see a timing difference. I do not see a cost difference. And under that scenario especially, I think it's a very wise -- very wise result for the Commission to support moving the test well. After we have the test and we have all the data, and I know it will be shared freely and openly with the city and its staff and its scientists and so forth, we'll see where we are and we will go from there. MAYOR MacKENZIE: Thank you very much. Mr. Carter. CHAIRMAN CARTER: Thank you. Mayor MacKenzie, let me poll the Board of County Commissioners. Commissioner Henning. COMMISSIONER HENNING: I support moving the test well. And I would hope that the City Council would offer up what Commissioner Coletta has stated, is that we have a situation in Golden Gate Estates of protection of the people out there. And I believe it's a simple fix. And I think the City of Naples could help us out in that direction with their transmission lines. That is the only thing I have to say. CHAIRMAN CARTER: Thank you. Commissioner Fiala. COMMISSIONER FIALA: Yes. In the spirit of cooperation, working with the city, I'm so glad that we are creating a good cooperative attitude between one another because we're going to have many years to come. I would like to -- I would like to drill in the Pelican Bay area as well. And I hope that we continue to deliberate this issue as we're drilling this test well or test drill. CHAIRMAN CARTER: Commissioner Mac'Kie. COMMISSIONER MAC'KIE: Obviously I support it. I have to hope that Councilman Tarrant is alone in his thoughts that this is some kind of a bait and switch or some kind of -- somehow impugns the motives of the County Commission. Because in fact I appreciate greatly that the County Commission appears to be going along with this compromise because it is a compromise that is done not for any kind of negative motive, but for the good of the cooperation. Because we all represent the same people. We are one community. We Page 55 February 1, 2001 are all on the same side, I guess. CHAIRMAN CARTER: Thank you. Commissioner Coletta. COMMISSIONER COLETTA: I really appreciate this little exercise today. And thank you very much, Commissioner Henning, for bringing up our needs in Golden Gate and Golden Gate Boulevard. And I know that the City of Naples will be contacting us and talking to us about it in the future, I'm sure. I want to come to the -- I agree about moving the well, but I would like to make a little note. I would like to come to the defense for Councilman Tarrant here. I believe that it was his interjection from the beginning, as strong as they may be to one side, that probably got us off dead center and got us to think about this. So I appreciate very much the fact that he brought this issue forward. And I hope he continues to do so in the future. COUNCILMAN TARRANT: If you feed me properly. CHAIRMAN CARTER: Well, speaking to that issue. There is no more water on planet earth. We're not going to get an injection from anywhere. It's all reused water. And I don't know how many dinosaurs it went through or how many people or how many water treatment plants, but what you have right here is not original. I support the compromise. I want to clarify to the residents of Pelican Bay, we're not putting it into Pelican Bay. These are called Pelican Bay well fields, which are further to the east and does not affect your community directly. So I already know the number of calls that will be on my desk about this issue. But I am always willing to support compromise. I always believe that the scientific data will be brought forward. I always appreciate anyone's opinion on any subject, as long as we refer to the subject matter and not the presenters. Let's not shoot the messengers in any of this. So I can support going in that direction if that's where it ultimately takes us with a test well and we can then use it -- as you have referred to, several council people, this is an education effort. And when we can get through with that at the end of the day and everybody is reasonably comfortable that we're using the best technology that we know, I will support that. Page 56 February 1, 2001 I could support it at either location. I've never had any problem with the location because I believe that the technology, in my judgment, supports that it is a very low risk. And as Councilman Macllvaine said, "I've always been interested in the percolation down versus the percolation up concept." Be that as it may, if it goes to the Pelican Bay well fields area, is successful there and we get an important part of our water management plan in place, I will support any efforts in those areas to make that happen. COUNCILMAN HERMS: There's an important point the Chairman just brought up. Could we, for the public's information, explain exactly where this well field is? COMMISSIONER MAC'KIE: Put the map back up. It's not in Pelican Bay. CHAIRMAN CARTER: No. COMMISSIONER MAC'KIE: You said Livingston Road? COUNCILMAN HERMS: What developments are surrounding it or what's nearby, to help the public -- MR. OLLIFF: Mr. Chairman, while they're getting re-set up, I would just -- we've only got two items left on your agenda and we promise to keep our presentations on that very, very short. We have no registered speakers. CHAIRMAN CARTER: Thank you, Mr. Olliff. As you know, about fifteen minutes from now I have to excuse myself from this meeting. I have got a hundred people sitting in a room up in north Naples waiting for me to be brief, brilliant and be gone. COUNCILWOMAN TAYLOR: And waiting to talk about this ASR. CHAIRMAN CARTER: I'm sure. I'm sure it will come up, along with about thirty-five other issues. COMMISSIONER MAC'KIE: So could you give him some landmarks up there? What are the roadways? MR. MUDD: Yeah. It's on Livingston Road. That's that north/south green line. And it's above Immokalee Road. It's just to the west of 75. We have a long strip -- we have -- we took them over from Pelican Bay when they were incorporated. We have a long strip of wells that are there. Plus we have a sixty acre piece of land that adjoins it on the upper two-thirds. How much? I'm sorry, six acres. Excuse me. Page 57 February 1, 2001 Six acre piece of land. And that's where we do the test well and the ultimate well, in that particular ]unction. COUNCILMAN HERMS: What developments are on either side of that? MR. MUDD: You're going to have to help me on this one. I'm too new to the county to know. MR. OLLIFF: Pelican Strand is in that neighborhood. Carlton Lakes is in that neighborhood. Willoughby Acres, probably much further to the west. COUNCILWOMAN TAYLOR: Three Oaks is up there. COMMISSIONER MAC'KIE: Basically you would get out on Immokalee Road and drive far east and you'll see there are several new communities out there. There's nothing yet on the Livingston extension because it's not there. CHAIRMAN CARTER: And we're not affecting the potable water, number one. And it's Commissioner Coletta's district, so you'll get the phone calls. COMMISSIONER COLETTA: Thank you very much, Commissioner Carter. MR. OLLIFF: Mr. Chairman, if you're ready to move on to the next -- CHAIRMAN CARTER: Yes, sir, I am ready to move. MR. RAMBOSK: Mr. Chairman, before we leave the water, just one point. From our meeting on the 19th when we were made aware of the conditions in Golden Gate, I had assigned our public works director and his staff to pursue with the state looking into that situation. And we are preparing a report right now for our council. We would be happy to provide that to you and notify your staff. CHAIRMAN CARTER: Thank you. COMMISSIONER COLETTA: Thank you. Item #4 DISCUSSION REGARDING FY02 BUDGET REQUESTS MR. OLLIFF: Mr. Chairman, with that, I've asked Mike Smykowski to just make a very brief presentation about the FY02 budget issues. MR. SMYKOWSKI: Good morning. For the record, Michael Page 58 February 1, 2001 Smykowski, Collier County Budget Director. This executive summary was prepared as a courtesy item in terms of budget planning for fiscal year '02. On an annual basis Collier County has considered funding capital projects in the City of Naples based on projects that provide benefits to both city and county residents. Over the past three years, just to give you an example, the types of projects have been beach ends and the various phases of the Naples Landing projects. In fiscal year '01 there were no projects submitted and that was the result of an interlocal agreement with the city, where the city agreed not to request funding for the -- either the Fleischmann property, Cambier Park Band Shell are there, pulling probably canoe launch until after fiscal year 2002. And that was the result of our joint grant application for up to $4 million toward the purchase of the Fleischmann property. In terms of budgetary planning, what we're looking for, PRAB, the Parks and Rec. Advisory Board meets on March 21st. And in speaking with our parks and recreation director, we were hopeful that we could get an itemized list of the city's capital budget requests by Wednesday, March 14th, a week prior to the PRAB meeting, to allow us to review those and then disseminate that information prior to the March 21st PRAB meeting. COUNCILMAN GALLEGERG: One question on -- you mentioned the agreement between the city and the county concerning trying to obtain the grant for the Fleischmann property? MR. SMYKOWSKI: Yes, sir. COUNCILMAN GALLEGERG: And from the city's point of view, foregoing funding requests on other projects? As you know, not only did the area not get that grant. We were not even within shouting distance of getting that grant. How does that impact our agreement on the other properties? Because it doesn't appear that any funds are going to be committed to that from that program. MR. OLLIFF: I don't know that it would. I would assume that we are going to probably try and reapply. We haven't talked to the city staff as yet. COUNCILMAN GALLEGERG: There may not be a policy on reapplying, but we're not close enough to have any realistic shot Page 59 February 1, 2001 of getting anything, as I understand it. COUNCILWOMAN TAYLOR: I think they're in the preliminary stages of seeing where we're going to be in the pecking order of all the counties or all the projects that want these grants. And there is a problem in terms of whether an applying project has applied before. We may be disqualified because of that. And we're going to know the answer very soon. COUNCILMAN GALLEGERG: I know we're trying to be brief. I would just like to put on the table that, as I understand it, we're not close to getting anything on that. I would hope -- whether it's written this way or not, I would hope that would result in an amendment or, you know, abandonment of that interlocal agreement. MR. OLLIFF: I will tell you, the purpose of that agreement was simply to recognize that the county was foregoing its opportunity to apply for those monies. And if that opportunity is made available to us simply because you are not going to reapply or that reapplication is not going to be submitted, then certainly I would make them establish that they would be willing to sit down and change those terms. COUNCILMAN GALLEGERG: Thank you. MR. RAMBOSK: And our staffs have been working together to determine whether reapplication is appropriate, particularly depending on the changes in criteria for submission of the grants that are coming forth within a few months. The other is that for the year that we've not expended or gotten the grant, we will be making requests for the county to consider. MAYOR MacKENZIE: I think there are a lot of opportunities where the city and the county can work together. Last year alone we contributed over $23 million to the county coffers and didn't make any requests that were granted, so. But we do have a lot of traffic problems, road problems, water problems, stormwater problems, FEMA problems, natural disaster preparedness where we can cooperate and work together as effectively as we have in the areas where we already cooperate and work together. We have a great relationship and partnership through Affordable Housing, through the Beach Renourishment Page 60 February 1, 2001 Committee and the use of the TDC funds. So I can see a lot of opportunity for the two staffs and the two government entities to partner together. We share one heck of a big long borderline between the edge of the city and the county. There's a good place for us to start there. COMMISSIONER MAC'KIE: Just as information for our board, the Mayor has graciously agreed to add me to their workshop schedule on a monthly basis so that I can go in and just try to communicate those items back and forth now that we have a board that's receptive to those ideas. I appreciate that and I will be providing that liaison opportunity. COMMISSIONER COLETTA.' I suggest we name you the official ambassador. COMMISSIONER HENNING: I'll second that motion. COMMISSIONER COLETTA: You're on your way, Pam. MR. RAMBOSK: Thank you. COMMISSIONER MAC'KIE: Does that mean I have immunity? I think I get immunity. COMMISSIONER COLETTA: I don't know. MR. OLLIFF: This was an informational item only and we'll be presenting and working with Kevin's staff in terms of the dates and other details as that follows. Item #5 DISCUSSION REGARDING TRANSIT SYSTEM The next item we have for you is the transit systems. It was a follow-up, I believe, to this last Friday's MPO meeting where some general information about the final bus system and Collier area transit system was presented. And with that I'll let Norman walk you through your backup materials. MR. PETER: Mr. Chairman, Mayor, council members and commissioners, for the record, Norman Peter, Collier Transportation Administrator. I am going to be extremely brief, but I did want to, first of all, note that the transit services, the trolleys will be up and operating in two weeks, midmonth, the 15th. I wanted to particularly acknowledge the fine cooperation Page 61 February 1, 2001 and assistance we got from Mayor MacKenzie, who even came out and rode the routes with us. And I think the end product has benefitted greatly, not just in the city, but for all of county services. MAYOR MacKENZIE: You're not saying that you-all took me for a ride, are you? MR. PETER: Yes. I would never do that, ma'am. What I do want to tell you is that we are getting ready to present at a council With that in mind, we're going to be extremely brief. I'll ask David Hope, our public transportation manager, just to give you a very quick promo to next Monday's meeting. MAYOR MacKENZIE: While they are changing speakers, may I also congratulate Mr. Olliff on his staff and, in the absence the chairman and the vice chairman, on the open and helpful and cooperative attitude of the county. They are trying to achieve just a mammoth task on a shoestring budget. And I have been struck by the way that they have been able to accomplish their task. And instead of looking at the concerns that I had as interference, they took them in a very constructive way. We did work together. They did most of the work. I just volunteered my opinion. But I think that as a result we have found a way to serve all of Collier County more efficiently, more effectively and to a far greater degree. And I have nothing but the highest of praise for the staff members who were involved in that. They are outstanding. COMMISSIONER MAC'KIE: Thank you so much. MR. HOPE: Thank you very much, Mayor MacKenzie. For the record, David Hope, Collier County public transportation. I will be very brief this morning -- this afternoon. What you saw this morning outside was the before picture of our bus. On the overhead there is the after picture, after the vehicle is wrapped to appear as a trolley. So the before was this morning. That will be the after sometime in March. They should all be looking that way. When we start there should be two of them looking that way. So in March they should all be designed as trolleys. COMMISSIONER MAC'KIE: The ones that are going to be in Page 62 February 1, 2001 the city are going to look that way? MR. HOPE: Yes, ma'am. We should have two. And if there are two, they will certainly be in the city. Real quickly, on the routes, on the next overhead, I'll just go over that very quickly. What you're seeing up there is, on the top part, the Route lB, serving Immokalee Road. Down below that, the Route 2A, which serves the hospital. The 2B on the bottom in the blue serves the college. And in the green, the Golden Gate route. What you don't see is the route 1A, that goes up to Bonita Beach, or the Immokalee route, because of the size of the actual picture. And we will go into this in much more detail on Monday at the meeting. MAYOR MacKENZIE: And I am really looking forward to it. And I've already alerted several homeowner associations that we will be on the air at 8:30 Monday morning, and they're planning to tune in. It should be a good presentation. MR. HOPE: Thank you. COUNCILMAN GALLEGERG: One question. The City of Naples community as this process has evolved has been very concerned, as I am, about route deviations and the specter of these buses clamoring down very quiet residential streets. Can you spend a moment on that and tell us if that's evolved and where we are right now with that? MR. HOPE: It's still evolving. The buses will deviate for those who are disabled only and can't make it to a bus stop. And we'll work with the city if there are certain streets you don't want the bus on, to send a smaller bus instead. COUNCILMAN GALLEGERG.' So you can't pick up the phone and say, "Send the bus to --" COMMISSIONER MAC'KIE: That is such an important point, Mr. Gallegerg. Thank you. We need to take every opportunity to dispel that confusion about -- you can only seek a deviation from the fixed bus route if you are physically incapable of making it to the standard bus stop, so it's not a taxi service. MR. HOPE: Thank you. CHAIRMAN CARTER: Thank you. Because of my schedule, I'm going to have to depart. But I want to, again, thank all the members of the Council, Mayor MacKenzie, for being here this morning, our commissioners, our respective staffs. Page 63 February 1, 2001 I think this was a very productive meeting. I hope we will continue to have these in the future, where we can share and exchange ideas and make Collier County a better community. So thank you very much for being here and it's been my pleasure to be a part of this session. COMMISSIONER MAC'KIE: And unless there are closing comments, it may just be appropriate to adjourn. COUNCILMAN TARRANT: I want to thank Chairman Carter for running a very nice meeting. Thank you, sir. And I want to ask Mayor MacKenzie if she would please ask our city manager to see me before he leaves the building. MAYOR MacKENZIE: I would be happy to. COUNCILMAN TARRANT: You probably have him within your eyeball. MAYOR MacKENZIE: In fact, so do you. CHAIRMAN CARTER: I appreciate that, Councilman Tarrant. You and I have had differences of opinions on subjects, but I value your input into all sessions, and I'm sure you share likewise from mine. We have healthy, competitive debates on issues. COUNCILMAN TARRANT: Thank you, sir. COMMISSIONER MAC'KIE: Shall we stand adjourned? CHAIRMAN CARTER: We stand adjourned. There being no further business for the good of the County, the meeting was adjourned at 11:30 a.m. .... COLLIER COUNTY BO~ONERS · !,~.~..~ · .~. ~ : ~-~·~-~ '~--::" ~ ~ES D. . , CHAIRMAN O~j~TE.' BROCK, CLERK Attest as to (~ha;r~.s Page 64 February t, 2001 These minutes approved by the Board on ~ as presented /or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE BY: ELIZABETH M. BROOKS, RPR Page 65