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BCC Minutes 03/30/2002 E (Mandatory Water Restrictions) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ~,- 15 16 17 18 19 20 21 22 23 24 25 Page I TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, March 30, 2002 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date in EMERGENCY SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Jim Coletta Donna Fiala Tom Henning Fred Coyle ORIGINAL ALSO PRESENT: Tom Olliff, County Manager David Weigel, County Attorney Jim Mudd, Deputy County Attorney Paul Mattausch, Director, Collier County Water Department. Tom Wides, Acting Utilities Administrator COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ March 30, 2002 4:00 P.M. Collier County Government Center Naples, Florida 34120 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, 1 March 30, 2002 YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. Proclamation of the Bee to declare a state oflocal emergency and the enactment of a mandatory ban on certain uses of the county's potable water resources. Res. 2002-164 - Adopted 2. Adjourn INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 2 March 30, 2002 " 1 2 3 4 5 6 7 8 9 10 11 12 - 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 CHAIRMAN COLETTA: Ladies and gentlemen, we're calling this emergency meeting today to declare a state of emergency and to approve mandatory irrigation and other non-essential water restrictions. This is from the result of an operational issue at our -- one of our local water plants. Would you care to take it from there, Mr. Olliff? MR. OLLIFF: Yes, sir. Actually, I think probably the better thing to do, Mr. Chairman, would be to look to your county attorney and get him to walk the board through from a general perspective the procedures for an emergency hearing. And then we can have Mr. Mattausch and Mr. Wides give you an update on the exact current situation out at your water plant. CHAIRMAN COLETTA: Mr. Weigel? MR. WEIGEL: Thank you, Mr. Chairman. You're here today to consider the declaration of a state of local emergency relating to water resources of the county. And you are also sitting here today, not only as the Board of County Commissioners, but as ex officio, the governing board of the Collier County Water and Sewer - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 3 District. It's rather unusual to have the Board of County Commissioners convene on such short notice. Obviously it puts me on heightened review In regard to Sunshine law issues. To have you come in and meet at such short notice potentially may put you at risk, and I want to assure you that my review is such that I want to remove questions and issues of risk for you in that regard. This is not a meeting to come In and determine that you mayor may not have the opportunity to go after grant funds or things of that nature. This has to do with the public health, safety and welfare of the community of Collier County. And therefore, you are called here today at the invitation of the county manager and with the review and concurrence of the county attorney, based upon the Emergency Procedures Ordinance of Collier County. And that is ordinance number 84-37. It's been in effect since 1984. And the resolution that you will have before you to consider includes some of the language that I'm going to read to you right now that comes from 84-37. And it indicates that, "Pursuant to Florida Statutes Chapter 252, which authorizes the waiver 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 4 of procedures and formalities otherwise required of political subdivisions to take whatever prudent action is necessary to ensure the health, safety and welfare of the community in the event of a state of emergency." That is what we're under here today. You do have a quorum that's present so, therefore, having a quorum, the board will act as a quorum. If a quorum had not been convened, then the ordinance provides for the county -- chairman of the county commission, or in his or her absence, the vice-chairman of the county commission, or in his or her absence, the county manager to in fact initiate procedures and declaration of local state of emergency. Since we have the quorum, you are here. This procedure is in fact live on TV right now. We do have a member of -- at least one member of the print media here who's been on notice to be here at this point in time. We wish we had more opportunity to go forward, but there is a very serious and significant dynamic with the facilities and the services that the county is endeavoring to continue to provide. So with that introduction, you have the Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 opportunity at this point to receive the information that the county manager's staff will provide you concerning an emergency. It will ultimately be your consideration and determination, if in fact to declare a state of local emergency. And in doing so, the county manager or I, depending on who wishes to go forward, can walk you through what In fact your motion may entail at that point in time. And with that, I'll turn it back to Tom. MR. OLLIFF: Thank you, David. Mr. Chairman, I've got Tom Wides, your acting public utilities administrator, and Paul Mattausch, the water department director here who can give you a snapshot of how we got to where we are and where we exactly are at this point in time. MR. WIDES: Commissioners, good afternoon. Tom Wides, for the record. In fact, as has been noted, we are before you today to ask you to consider declaring a state of emergency, given the operational difficulties we've had in recent weeks at our water plant. In particular, I will ask Paul Mattausch, our director of the water department, to give you an update on what has happened over the last few 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 6 weeks, and also the remedial actions that have been taken and some comments further on the longer term activities as we go forward. this over to Paul. If I may, I'll turn CHAIRMAN COLETTA: Please. MR. MATTAUSCH: Good afternoon, commissioners. For the record, Paul Mattausch, director of the Collier County Water Department. Just to bring you up to date, current, as of 4:00 today -- backing up, as you know, in February you took emergency action to get us into a design build on some wells to replace some wells that water quality over a period of time had degraded to the point where it was no longer productive to run those wells. We have since that time begun actual drilling. They're on a test hole right now to begin proper siting and proper design of those wells. Up until about 17 days ago, we were doing fairly well as far as water supply was concerned. At that point we had a problem in a well in the Tamiami wellfield. We had a casing failure in a well. It's just one of those things. The well was approximately 20 years old and the casing failed, for some unknown reason. And possibly age. When Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we get with water -- large public water supply wells, they have a certain lifetime. And we have a number of wells that are approaching that lifetime in the original production wells in our Tamiami wellfield. We have addressed that in the master plan. The master planning process, we have two new wells per year that have been programmed into the master plan, so that we can begin replacing some of the older wells in our system. Then after the casing failure -- and by the way, I do want to glve you a current status of that particular well. That particular well had to be redrilled, new casing put in, new pump and motor put in. That well went on line yesterday afternoon. So we have that well back as of late yesterday afternoon. We had then Tuesday of this week really a much more critical situation develop in the North Water Treatment Plant. We had a motor burn out. 200-horsepower electric motor. That motor failed. When that motor failed, that took two million gallons a day of treatment capacity off line. We went to our contractor that does rebuilding, reconstruct of electric motors. They ,-, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 8 put that on what they term a hot rush to get that back to us. That came back. It was physically In the plant about 11:00 this morning and actually on-line and producing water as of about 3:00 this afternoon. So we were able to get that motor back In place and back into production. Then on Thursday afternoon, I guess the last piece of the puzzle hit us, and that was one of the other skids in the membrane softening portion of the North Water Treatment Plant developed some kind of membrane fouling. What happened, the filter plugged up and we couldn't produce water. We couldn't push water through the plugged up filters. So when that -- when that went off-line on Thursday afternoon, we had a skid sitting next to it that didn't have a motor on it, but was a workable skid. So my staff and contractors got that motor switched over in about three hours time. And we took the motor off of the skid that had the fouled membranes, or the plugged up filters, took the motor off of that and put it in place on the other -- on skid next to it and got that two million gallon a day capacity back on line in about three hours. However, that still leaves us with a skid that is off-line and has some filter fouling. ~~9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 As of 3:00 when we got the motor back in place, we have placed that skid back into production, although the production is significantly lower than what it should be producing. That skid should produce two MGD. I just made a telephone call just as we started the meeting. That skid lS producing about 1.3 MGD instead of two MGD, so we have lost about 0.7 MGD capacity on that skid. So we are doing everything possible at this point to address each one of these individual mechanical problems that have come up, one on top of another, that have really placed us in a serious situation as far as our storage is concerned. I did pass out to you, and I think this is I think this is on it. And on this -- on the visualizer, obviously the numbers are very difficult. They're small numbers. Thank you, Mr. Olliff, for assisting me on that. As of 4:00, I wrote in a number that you didn't have, because when I left my office to get here, I had numbers through 3:00. I called the number -- I got a number by telephone for 4:00. We've gained a little over a half a percent in the last hour. We've gained up to 21.99 percent. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 10 Understand, the 21.99 percent lS approximately one-fifth of our storage capacity. And it is a very tenuous situation to be in. It is a situation where if we have one more failure, or if we don't get the cooperation of the public on conservation efforts, that Iowa storage places us in a serious situation as far as being able to fight any major fire in the system. And that is my very serious concern at this point, and that's why we are here. I do have you know, the health and safety and welfare of my customers lS the highest priority. And my inability at this point to provide water for nonessential uses has been severely hampered. Again, I want to stress to you that we have sufficient capacity to meet the needs of the customers for essential uses. And essential uses would be cooking and drinking and flushing toilets and fighting fires. I don't think at this point an essential use is irrigation of lawns. So that's why I'm coming to you today, because approximately 40 percent of our daily demand this time of year, drinking water, doesn't go to drinking water, it goes to lawns. And so we need to at this point curb the irrigation that's going Page II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on In the system. I had the other -- the one other thing that I passed out to you was this sheet. And if you'll look down the two green numbers down near the bottom of this sheet and the one red number right next to it is the left-hand column is the amount of water that we produced on an average day through 29 days of the month of March. You can see that we produced about 26 million gallons a day. The number to the right of it is what we have -- what our customer demand has been. It's about 26 and a half million gallons a day. The number in red is the deficit through the 29 days of March and our ability to supply water to the system. We have lost through 29 days of March 0.5 million gallons a day. What that equates to, one million gallons a day is approximately -- and again, we've got about 29 and a half million gallons worth of storage, so one million gallons a day is I think about eight or nine percent, something like that. I didn't run that number, I don't have that right off the top of my head. But I think you can see that we're operating at a deficit right now of being able to produce the water that we need to. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 12 The other thing that I wanted you to look at are the two numbers on the -- in bold on the lower right-hand side and the one in blue. Right now a lot of people are still adhering to -- and we're really happy that a lot of people are voluntarily adhering to the Phase II restrictions that were lifted on October 10th of last year. And you can see that our current -- if you look at the pattern, the two days of irrigation and then a day of non-irrigation, two days of irrigation and then two days of non-irrigation, through the pattern, the gray blocks that you see going down the page, if you take a look at that, our average what would have been an irrigation day and the average non-irrigation day is three million gallons a day difference, okay, in what would have been an irrigation day. So you can see how much of our water we know lS going to irrigation. If I had that three million dollars -- three million dollars, if I had three million dollars I wouldn't be quite in the position I am right now. But if I had that additional three million gallons of water a day, we wouldn't be here this afternoon talking about this situation that we're Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 currently in. COMMISSIONER FIALA: May I ask a question? Well, actually it combines a three-prong question? MR. MATTAUSCH: Certainly. COMMISSIONER FIALA: What about the automatic reuse water that developments use, and it automatically goes on but it's all reuse water? Is that also to be shut off? MR. MATTAUSCH: No. What you have before you is the usage of potable water, drinking water for irrigation systems. COMMISSIONER FIALA: I just wanted that to be on the record. And the second thing is -- MR. OLLIFF: Can I follow up on your statement? Because I think it's very important for the community and public to understand, this is for the Collier County water/sewer district only. And as part of the packages that we provided to the media, we included a map of exactly what are the boundaries of the Collier County water and sewer district, and that does not include the City of Naples, it does not include the City of Marco's utility system, nor does it include Florida City's water systems. So this is only a restriction that Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 relates to the Collier County Water and Sewer District. MR. MUDD: Or Immokalee. MR. OLLIFF: Or Immokalee. It does not include the Immokalee district, right. COMMISSIONER FIALA: Does this include the watering of agriculture products? And does it include golf courses In this restriction? MR. MATTAUSCH: Let me answer the second one of those first. If a golf course is using potable water to irrigate, yes, it is inclusive of golf courses. It is usage of potable water for irrigation. I don't think that we have really addressed the use of water for agriculture purposes because most agriculture purposes are under their own consumptive use permit from South Florida Water Management District and therefore would not fall under the restrictions that we have. This is our consumptive use permits for Collier County Water and Sewer District that we're concerned with. So if there is an agriculture user that has a separate consumptive use permit, this is not applicable to that irrigation. CHAIRMAN COLETTA: Commissioner Henning. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 15 COMMISSIONER HENNING: Two questions. And I need to get this one straight. What you're telling us, this is an equipment failure. Does it have anything to do with the capacity in our aquifers? MR. MATTAUSCH: Yes, sir -- well, no, it does have something to do with the current condition of the wells. It doesn't have anything to do with the capacity of the aquifers. COMMISSIONER HENNING: Okay. And when I say the wells, that is what I'm considering equipment. MR. MATTAUSCH: That's correct. That is absolutely correct, Commissioner. COMMISSIONER HENNING: Because that's one thing that we need to consider when we make decisions up there up here. And, you know, we depend on the guidance of the experts, and that's who you are. How long would you -- are you recommending this emergency -- irrigation emergency take place? MR. MATTAUSCH: We are asking that this be through April 5th, Friday, April 5th, one week from yesterday. CHAIRMAN COLETTA: COMMISSIONER COYLE: Commissioner Coyle. What is the historical Pa~16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 usage after the 1st of April? Do you have information on that? MR. MATTAUSCH: Yes, we do. Historically over about the last five years, the difference between the March average day and the April average day is approximately one and a half million gallons a day less. COMMISSIONER COYLE: And that is sufficient to get us back even? MR. MATTAUSCH: Yes, it is. MR. OLLIFF: Well, beyond that, I believe the mechanical repairs to both the well pumps and the skids at the water treatment plant will be more than sufficient, as what you have is a series of mechanical events that happened to occur at the same time, that happened to occur at your peak season. COMMISSIONER COYLE: And that lS an unusual circumstance. Is there anything that we can do that we do not already have planned to assure us of the necessary redundancy with respect to future failures of equipment? MR. MATTAUSCH: We are working on that. We currently have brought before you, and you have Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 approved, five additional wells in the Tamiami wellfield. Those wells were in the process of designing and permitting, and so we are addressing the redundancy issue in the Tamiami wellfield. The four wells that we had brought to you In February on an emergency design build are not redundant wells. Those are to replace existing wells. And we will need to come back to you when we have those wells in, to ask you for some redundancy in the Hawthorne wellfield also, so that we don't have that problem from here on out. What you will also see in the budget request when we submit that, and we are already working on that, we need to have a certain minimum number of motors in our inventory, so when this happens a 200-horse motor costs about $14,000. $14,000 in my business of supplying water 24 hours a day, 365 days a year to the customers and being able to provide the safety and health and welfare of customers and being able to fight fires in my business, $14,000 is pretty cheap lnsurance. If I had had that motor on the shelf and had been able to get that, we would have been in about five days earlier on replacing that motor, and we probably would not be here today. Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER COYLE: Is there something prohibiting you from having an extra motor or two extra motors? Do we have to authorize the expenditure, or do you have authority to do that now? MR. MATTAUSCH: I think right now we are working through that. And in fact I think we have an order, purchase order, in the process for that. We have gotten three quotes already for that motor. We -- additionally there is an emergency purchase order that has been placed for some replacement membrane elements, filter elements, because we know that we damaged some filter elements when the filters plugged up. We've been in close contact with Tricept (phonetic) of California, that's the manufacturer of the membrane. We've been on the phone constantly with them on how we can place the skid back on line at a reduced rate right now, and how quickly we can get membrane elements here. They have to be manufactured. They are not the kind of thing that can be placed on the shelf. So they're manufactured and they have told us 10 days, which is now nine days. CHAIRMAN COLETTA: Mr. Olliff? Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. OLLIFF: To specifically answer your question, we can and have authority to make emergency purchases. So the replacement of a pump that has gone down in this particular case, we probably have the administrative authority -- we do have the administrative authority to do. To purchase those redundancy pumps that will need to sit on the shelf, we're going to need to come back to you with those. We're ready to come back to you with an entire redundancy plan of a number of things. I mean, we have always been in a position to be able to handle the single failure, probably the double failure throughout the system. I guess we need to be in a position to be able to handle quadruple failures, because that's really In essence what you're looking at today. CHAIRMAN COLETTA: Go ahead. COMMISSIONER COYLE: If there are different motors and different pumps, I really do recommend that we have a number of those in stock, sitting in our shelf for emergency use. I appreciate the fact you can't do that with the auto (sic.) filters, but is there a way of shortening the delivery time of our old filters? Page 20 ,,- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. MATTAUSCH: Ten days is a very short delivery time. They were In production actually, I believe, and I don't want to get the story wrong, but for Fort Myers or Lee County, they were in production on some membrane filters that were headed this way shortly. And we may be able to work a trade with them on membranes. But 10 days is very short. Normal for this kind of thing is four to six months. So we feel real good that we've gotten the manufacturer to cut that to 10 days. COMMISSIONER COYLE: I can see how that will create a real problem if we have failures of this in the future. If we must wait for a long time to get filters, and yet we can't stock them on the shelf. Is there any way of storing them for some period of time? Is there any method of preserving them? MR. MATTAUSCH: Yes, there is a preservation process. It's not for any great length of time, Commissioner. So, you know, really you're kind of at the mercy of having them produced when you need them. And I MR. OLLIFF: Well, one of the things we are doing is at least pursuing with the manufacturer to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 21 see what opportunities we might be able to have to have a contract with them, where for a price we can be guaranteed a certain shorter delivery time -- COMMISSIONER COYLE: Good. MR. OLLIFF: -- in an emergency case. And that's really the only other option that we could come up with. MR. MATTAUSCH: Commissioner, we're going to CHAIRMAN COLETTA: If I may, a couple of things I'd like to do, is you mentioned the fact that we're dealing with the present situation. Some time ago we did see the graphs that showed at this point in time we were going to be coming, as I think Mr. Mudd put it, a little close for comfort. And this was shown to us some time ago. The master plan's in place, and the line's supposed to go out from here. So I have all the confidence In the world that we're going to be doing everything possible past the point to be able to make sure that we won't have this as an ongoing reoccurrence on a regular basis. But there are a couple of things I'd like to bring up for consideration as part of what we're 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 trying to do here today. Page 22 It's not the fact that people may have low water pressure. The fact is they may run out of water, which is serious, but not as serious as the lack of fire protection. So I would suggest that we include in this notification to the independent fire districts that they may want to go on to a heightened state of alert, to be able to be prepared for any kind of emergency that may evolve, just in case that we come up short that they're totally aware of what the situation lS. One. Number two, that we take all available code enforcement officers, bring them into work and have them out in the field to make sure that this ordinance -- that this emergency decree is followed through. And number three, to get ahold of Don Hunter and ask him if he'll make a commitment to see that his deputies will assist us in the projected -- or the possible trouble area to make sure that these water restrictions are firmly in place. MR. OLLIFF: We will be sure to notify the fire departments about the situation that we are currently in. One of the reasons that you are here is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 23 primarily to protect our ability to provide water for fire departments. But we will make sure that they are very much aware of where we are. We are intending and have already coordinated with both code enforcement and the sheriff's department in terms of the enforcement aspect of this. And assuming the Board goes through with adopting these emergency restrictions, both agencies will be out in the field beginning this evening to make sure that we follow up on the enforcement side. MR. MATTAUSCH: And let me add to what Tom said as far as working with the fire districts. We have already, I think about two weeks ago, notified the fire districts of the situation. We notified them that they may find the pressure is lower. We notified -- in fact, Carl Reynolds was on the phone with me yesterday afternoon about COring a building, and he was aware of our situation when he called me. But we are working with them. They have emergency numbers where if they have a fire, they have emergency numbers to get ahold of us and we can increase pressure for that short-term period of time when they need to fight a fire. But we do Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 work with them. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: No questions or comments. And if there's no other, I'll go ahead and make a motion. MR. MUDD: Commissioner, can I get one thing, just mention one thing? Jim Mudd, deputy county manager. Yesterday we put out a press release and we asked the public to voluntarily stop irrigation and that process. I will tell you on the sheet right here, if you take a look at the one that's sitting there, if you look at the fifth column from the right, you'll notice that the percentage of water that was available reached a peak at around 3:00 a.m. this morning at 34.3 percent, and then it dropped like a rock because people had their irrigation systems on. And we got to a low of 20.5. And we've made the turn because people have woken up and shaved and got on with their lives during the day. And we're starting to gain as far as production and putting it back in the distribution system. We can ill afford tonight to have it drop like 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 25 a rock again. Because we're not going to get back up to 34 tonight, 34 percent capability. We're going to be someplace in the twenties. And have it drop again is extremely low as far as our reserves are concerned. The voluntary part of the irrigation process that we tried, and In the past it did work, it did not work last night. And that's one of the reasons that you're here today. MR. MATTAUSCH: I think -- and Tom said something to me here. I think I need to place into the record here too that we are preserving pressure for firefighting capacity, for firefighting capable. We have lowered pressure in the system. We can't lower pressure any more than we currently have. The reason why we have lowered pressure lS that reduces demand. When a faucet lS turned on or an irrigation system is turned on, not as much water pushes through it at a lower pressure. But we are at a point where I can no longer safely lower pressure. CHAIRMAN COLETTA: Thank you. Well, we now have a motion on the floor. Would you like to comment, Mr. Weigel? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 26 MR. WEIGEL: Yes. Thank you, Mr. Chairman. And that is we have provided a draft, a proclamation resolution, pursuant to statute and our county ordinances for you. And you'll note that it has five numbered paragraphs in the operative section, the now therefore part. And either for clarity -- it may be certainly nice and informative if in fact you would walk through those one through five to make sure before you actually vote on the motion, that you are assured or find that those meet your -- the language that you would like to have imposed. And also -- pardon the frog in my throat -- also the whereas paragraphs there again talk about why you're here. And I would appreciate -- I know this is a little different than the normal meeting, but it is different than the normal meeting. I would appreciate it if in fact in adopting the proclamation resolution that you would at least refer to those whereas's. If not, I'll COMMISSIONER HENNING: Read it. MR. WEIGEL: -- restate those issues that are there in regard to the public health, safety and welfare. Because that's what's got you to this meeting today. Page 27 --...... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Again, one through five are the operative parts. You may want to walk through. We intended to provide in paragraph number four some clarification and assurance to those geographical or jurisdictional areas where this retriction by the Board of County Commissioners would not apply. And it may be that that is -- it's meant to be fairly inclusive. But if we've left something out or need further clarification we can CHAIRMAN COLETTA: I think it would be a good idea at this point in time to have this actually read into the record, especially for our viewing audience out there. COMMISSIONER HENNING: You ready? CHAIRMAN COLETTA: Would you like to go ahead, Mr. Henning? COMMISSIONER HENNING: Thank you. Proclamation of the Board of County Commissioners of Collier County -- proclamation of the Board of County Commissioners of Collier County to declare a state of local emergency: and enact a mandatory ban on certain uses of county's potable water resources. WHEREAS, pursuant to Collier County Ordinance No. 84-37, and Chapter 252 of the Florida Statutes, Page 28 ,- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 which authorize the waiver procedures and formalities otherwise required of waterfall subdivisions to take whatever prudent action lS necessary to ensure the health, safety and welfare of the community In the event of a state of emergency: and WHEREAS, the Board of County Commissioners and ex officio of the government board of Collier County Water and Sewer District, have been duly advised at the public meeting, and have determined that the interest of the public health, safety and welfare of the community require that a determination and declaration of a state of local emergency pursuant -- pertaining to the use of the county's potable water resources; and WHEREAS, there is a need to impose certain specific limitations and restrictions upon the use of potable water of Collier County Water and Sewer District system for a limited period of time. NOW THEREFORE, be it hereby proclaimed by the Board of Commissioners the Board of County Commissioners and ex officio of the government body of Collier County Water and Sewer District that. 1) A state of local emergency is declared and shall apply to all areas of the county -- Collier 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 29 County that is serviced by Collier County Water and Sewer District. 2) During the state of local emergency, it shall be unlawful and an offense against the county for one person to use the fresh potable water supply by the county for the purpose other than cooking, drinking or bathing. 3) Penalties for the violation of this state of local emergency shall be provided in Ordinance 83-37. COMMISSIONER FIALA: 84-37. COMMISSIONER HENNING: 84-37. Thank you, Commissioner. 4) That the state of local emergency does not apply to customers serviced by the City of Naples, the City of Marco Island, Everglades City and those areas serviced by private water service providers. 5) The proclamation/resolution shall be transmitted to the Collier County Sheriff's Office and the code office of -- the Collier County Office of Code Enforcement. COMMISSIONER FIALA: Could we just add one word to paragraph two, include (inaudible)? I mean, I would like everybody to go -- CHAIRMAN COLETTA: Right, I don't -- there's - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 30 no way you can enforce that. But you just said it and we can say it again. COMMISSIONER FIALA: No, I mean just adding it so that they can do it. COMMISSIONER HENNING: I'll add that to my motion. COMMISSIONER FIALA: Thank you, I'll second it. COMMISSIONER HENNING: We have a motion and a second. CHAIRMAN COLETTA: We have a motion, we have a second. Comments. Any comments? MR. WEIGEL: There is in fact one additional paragraph that you're resolving also, as you flip your page there, for the record. COMMISSIONER HENNING: Turn the page. MR. WEIGEL: Thank you. COMMISSIONER HENNING: Be it further resolved that the Board of County Commissioners hereby exercise its authority, pursuant to Collier County Ordinance 84-37, and waives the procedures and formalities required by law of a political subdivision as provided in Chapter 252.38 (A) (5) Florida Statutes. This proclamation/resolution is adopted after the motion and second and a majority Page 3 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 vote. MR. WEIGEL: Okay. I have one last comment. I apologize to jump back in again, but we've talked in terms at the discussion of the meeting today for a definite term of this state of local emergency. And I believe it was stated to be to or through next Friday, that is April the 5th, is that correct? And we would -- with your concurrence and motion, we would make that part of this resolution also, so that it has a definite termination date, which would be the end of the calendar day of April 5th. MR. WIDES: Commissioner, just a minor correction. It is, as we come forward to you, is Friday, April 5th, 6:00 p.m. is what we have in the exec. summary. COMMISSIONER HENNING: Do you feel comfortable with that? MR. WIDES: At this point In time I think we feel comfortable. COMMISSIONER HENNING: motion, Mr. Chairman. COMMISSIONER FIALA: And I'll include that In my second, along with that last paragraph. CHAIRMAN COLETTA: Thank you. I'll include that In my Page 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER COYLE: And that would be included in paragraph one, that restriction? To read MR. WEIGEL: That's fine. COMMISSIONER COYLE: -- a state of local emergency -- MR. WEIGEL: We can put it right in one. It's as good as any place. CHAIRMAN COLETTA: Alright, we have a motion, we have a second. I'm going to ask for comments. I'll start with you, Commissioner Coyle. COMMISSIONER COYLE: No comments. CHAIRMAN COLETTA: Commissioner Henning? COMMISSIONER HENNING: Nothing. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: None. CHAIRMAN COLETTA: I just want to remind everybody that this is a state of emergency and that we will have code enforcement out there, we will have the Sheriff's Department actively looking for violators. We're asking for you to please cooperate till we get through this emergency. With that I'll call for the vote. All those in favor, indicate by saying aye. The ayes have it 4-0. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 33 1 2 3 4 5 6 7 8 If there's no other business before us -- MR. OLLIFF: No, sir. CHAIRMAN COLETTA: we are adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair. 9 BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL /1W ~;- JAMES COLETTA, CHAIRMAN PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. NOTTINGHAM, NOTARY PUBLIC