Agenda 03/13/2012 Item # 6A3/13/2012 Item 6.A.
Office of the County Manager
Leo E. Ochs, Jr.
3299 Tamiami Trail East, Suite 202 • Naples Florida 34112 -5746 - (239) 252 -8383 • FAX: (239) 252 -4010
February 23, 2012
Mr. Rob Samouce, Attorney
Samouce, Murrell and Gal, P.A.
5405 Park Central Court
Naples FL 34109
Re: Public Petition request from Rob Samouce, Attorney for Quincy Square at Madison Park
Homeowners Association, requesting credit toward future water bills.
Dear Mr. Samouce,
Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at
the meeting of March 13, 2012, regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised
that the Board will take no action on your petition at this meeting. However, your petition may be
placed on a future agenda for consideration at the Board's discretion. If the subject matter is currently
under litigation or is an on -going Code Enforcement case, the Board will hear the item but will not
discuss the item after it has been presented. Therefore, your petition to the Board should be to advise
them of your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner
Building (Building "F ") of the government complex. Please arrange to be present at this meeting and to
respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this office.
Sincerely, `
Mike Sheffield
Business Operations Manager
MJS: mj b
cc: Jeffrey Klatzkow, County Attorney
George Yilmaz, Public Utilities Administrator
Packet Page -124-
Feb.20. 2012 3:02PM
No. 3/13/2012 Item 6.A.
Attorneys az Lsw
SAMOUCP, MURRE -T - & GAS„ PA.
www.smglawfirm.com
Robert C. Samouce 5405 Park Central Court Telephone'(239) 5969522
Robert E. Murrell Naples, Florida 34109 Facsimile (239) 596.9523
Alfred F Gal, Jr.
J. Todd Murrell
February 20, 2012
Via Facsimile- (239) 252 -4010
County Manager
Collier County Government Complex
3299 Tamiami Trail East, Suite 202
Naples, FL 34112 -5746
Re: Request to Speak Under Public Petition -March 13, 2012 Board Meeting
Dear Manager:
Following is my Request to Speak under Public Petition on behalf of my client, Quincy Square at
Madison Park Condominium Association, Inc. at the Board of County Commissioners' Meeting to
be held Tuesday March 13, 2012.
Thank you in advance for your assistance in this matter,
Sincerely,
Robert Samouce
For the firm
Packet Page -125-
Feb. 20. 2012 3:02PM N°, 3/13/2012 Item 6.A.
Request to Speak under Public Petition
Name: Rob Sarnouce. Attorney for Nney Square at Madison Park Homeowners Association
Address: I . Samouce, Murrell &.Gal, P.A,
.5405 Park Central Court
. Naples, EL 34109
Phone: (239) 596 -9522
TAX (239) 596 -9523
. Email: RobSamouceAsmglawfirm.com
Date of the Board Meeting you wish to speak: 1$` March; 2012 meeting lyiarch 13, .
2012
Must circle YES or NO:
Is this subject matter under litigation at this time? Yes /C
Is this subject matter an ongoing Code Enforcement case ?. Ye / N
Note: If either answer is "yes," the Board will hear the item but will have no discussion regarding
the item after- it is presented.
Please explain in data# the reason you are requesting to speak (attach additional
page if recessary):
The petitioners believe the county staff has provided all the assistance that it is. authorized to provide in its
discretion at the present time and that no further fimcial relief can be provided except by express
authority of a maiority of the Board of County Commissioners.
Please explain In detail the action you are asking the Commission to take
(attach additional Rage if necessary):
The petitioner is seeking financial relief from the Board of County Commissioner's enterprise. Utility fund
in an amount equal to the difference in the billings for water had the consumption been processed thru a
1.5 inch meter as authorized in writing by staff to the developer as opposed to the billings made for the the
actual 2 inch meters provided to 20 buildings since construction thru December 31, 2011.
Attachments. Executive Summary
Dec. 29, 2011 letter from W.E. Johnson & Associates
Homeowner Association. analysis of Jan. 2011 vs. Jan. 2012 water utility billings
Packet Page -126-
Feb. 20. 2012 3:02PM No. 3/13/2012 Item 6.A.
FJICECUT[VE SUMMARY
OBJECTIVE; This public petition is seeking additional financial relief from the County in the form
of future credit for funds already paid to the County for water bills,
CONSIDERATIONS: The development plans submitted to the County for written approval by
the developer prior to conowtion provided the buildings would require water meters of 1.5 inches to
service four residences per building. Two inch water meters were installed -for 20 -of the- existing 22
buildings with adaptations being made to connect the two inch meters. to the 1.5 inch water lures
connecting to each building.
The homeowners association assumed control of the group in July, 2010. Two of the 22 buildings came
on line in-NovembWOeeember, 2010. The directors noted a substantial difference in water bills for the -
two new buildings versus the other 20 buildings. An investigation was begun by the directors to better
understand what was causing the differences in the water bills. An engineering firm was retained to
assist with the resolution of our problem (see attached December 29, 2011 letter from W.E. Johnson &
Associates, Consulting Engineers).
In working with County staff, we were finally able to determine that the two newest buildings were
connected with the approved written building plan's 1.5 inch water meters. County staff was
cooperative in scheduling and 'replacing the 2 inch water meters with 1,5 inch meters by the end of 2011
and in limiting those costs.
In the process of helping us resolve the situation, it was discovered that 2 of the buidings were not being
correctly billed for sewage. County staff worked with us to arrange a payment schedule for the
homeowners association to pay the difference between the single- family vs. multifamily sewage usage
schedules.
Water,bills are diffmnt for the volume. of water consumed when processed thru a 1.5 inch meter versus
a 2 inch meter. To further illustrate the difference.in the water bills predicated on the size of the meters
to used for each building we have included a comparison of the January, 2011 water. bills (with the 2
inch meters) versus the January, 2012 water bills (with the 1.5 inch meters). As you can see, the
monthly difference is about $2,000 per month.
County staff has, we feel, exhausted the limits of their discretionary authority in offering assistance to
resolve our situation.
FISCAL IMPACT: Since the petitioner has already paid fox the water consumed at the:high 2 inch
meter rate, the petitioner is not requesting a refund — rather a credit towards future billings until the
credit is gone.
GROWTH MANAGEMENT IMPACT: None as the development is already permitted aild
impact fees have already been paid by the developer,
RECOMMENDATION: -The recommendation sought by the petitioner is that the Board of County
Commissioners authorize a credit to the petitioner in an amount representing the difference between
billing at the 1.5 inch meter rate versus the 2 inch meter rate,
Packet Page -127-
Feb.20. 2012 3:02PM
W. J. JOHNSON & ASSOM TES
Consulting Engineers
Mr, Rob Samouce
Attorney- at Law
SAMOUC16 MURRE L & GAL. P.A,
5405 Park Cmstai Coact
Naples, Florida 34109
Dear Mr. Samouce:
No. 3/13/2012 Item 6.A.
December 29, 2011
As part of our engagement to provide professional engineering services for the-turnover of Quincy
Square to the Aeeociatsof,, W.J. Johnson & Associates has reviewed the plans and specifications for the
installation of domestic and fire water supply lines into each residential building.
Plans and spec fcations for the installation of water and sewer mains in Quincy Square were prepared
by Wilson Miller for Centex Homes in 20104. In my review of the plans I have noted the following
items of significance related to'the sizing of water maters:
1. Wilson Miller notes numbered 12 and 25 on the Phase One (Quincy Square) plans for Madison
Park Master Water, Sewer & Irrigation Plan indicated clearly that "Collier County Public
Utilities shall size all water meters"
2. Wilson Miller general none number 2 on the Master Site Plan for Quincy Square indicated that a
"pmc omtruction Meeting shall take place with Collier County Compliance Services prior to
the start of construction '.
Plans and specifications for the installation of domestic water and sewer service lines t . each .
residential building were prepared by HSAF igine:ers & Scientists dated 2009 that provided data and a
calculations of plumbing fixture demand to be 90 DFU and sizing of the supply pipe to be 1.5- inches.
W.J. Johnson & Associates' calculation using the same criteria estimated the fixturo demand to be 88
DFU, which was also confirmed by Collier County Utilities at a recent meeting.
The Florida Plumbing Code sizing table 603.1 has a cutoff of 86 DFU for a 1.5-inch water pipe size
and a 1.5 -inch water meter size, if, for example, the DFU had been 85 or Less, the Florida Plumbing
Code would allow a 1.25 -inch pipe size and a l -inch water meter size. 'The sizing of pipes and meters
in this case is borderline.
It is our opinion that the installation of 2 -inch meters for the residential buildings was unnecessary. It,
is also our opinion that, in the case of Quincy Square, Collier County was responsible for the process of
sizing of the water meters and the coordination of the preconstruction meeting, permits, and the
inspections during installation.
10961 Bonita Bewh Rood - BonitR SPingl, PtMcd 34135 - 239496-3200 - -Fox. 239 - 596 -3201
Packet Page -128-
Feb-20. 2012 3:03PM
No. 3/13/2012 Item 6.A.
Mr. Rob Samouce
December 29, 2011
Page-2
When Collier County went to install the meters and observed that there wert. 1,5-inch size pipes.in the
ground from meter to house, they should have stopped installing the 2 -inch meters. Collier County was
responsible to diced Centex, or their contractor, that only 1.5 -inch should be installed. The Collier
County inspector should have stopped the insuillations and should Have then had Centex change its 2-
inch meter request to a 1.5 -inch motor.
Sincerely yours,
W.J. JOHNSON & ASSOCIATES
Michael A. Etelamaki, P.E.
Principal Engineer
Cc: John Flynn
Packet Page -129-
Feb.20. 2012 3:03PM
Quincy Square HOA
Utility Billing Comparison
Water Meter Size Change
Jan -11 @ 2.0" vs Jan -12 @• 1.5"
No, 3/13/2012 Item 6.A.
*Built with 1.5" meter - no change
"Sewer rate changed
Packet Page -130-
Meter
Sewer
Base Service
Insallation
Pay
Increase
r!Amlililllh
Jan-11
Jan -12
Cost
Plan-
(Decrease)
*O MG
248.67
477.03
27.00
157.96
43.40
7821
309.95
269.39
27.00
(67,56)
/227
359.63
300.44
27.00
(86.19)
353.42
256.97
27.00
(123.45)
,t
477.62
306.65
27.00
(197.97)
75'
390.68
337.70
27.00
(79.98)
-;; .
347.21
653.65
374.00
(67.56)
378.26
337.70
27.00
(67.56)
168.26
404.01
27.00
153.25
55.50
7848
415.52
362.54
27.00
(79.98)
7849
390.68
294,23
27.00
(123.45)
7852
378.25
294.23
27.00
(111,03)
-1856
458.99
294.23
27.00
(191,76)
7859
322.37
244.55
27.00
(104,82)
7860
37816
616.39
374.00
(135.87)
7865
365.94
591.55
374.00
(148.29)
7869
372.05
232.13
27.00
(166.92)
7870
347.21
238.34
27.00
(135.87)
7873
372.05
288.02
27.00
(111.03)
'7874
365.84
281.81
27.00
(111.03)
7,200.77
7,081.56
1,581.00
311.21
(2,011.42)
*7839-pool
211.34
217.55
6.21
67$77
248.60
223.76
(24.84)
*7881
248.60
229.97
(18.63)
708,54
671.28
(37.26)
Total
7,909.31
7,752.84
1,581.00
311,21
(2,048.68)
*Built with 1.5" meter - no change
"Sewer rate changed
Packet Page -130-
Feb-20. 2012 3:03PM
Goer Go"My
PubfiC UtiliiiesUfvisan
UtiIRY wing & CUSIMW servim
ACCOUNT NUMBER:
CUSTOMER NAME:
SERVICE ADDRESS:
LWUN13 ADDRESS`
53995;w 20 1e
0546472MI
QUINCY SQUARE40 MADISON PARK
7858 CLEMP$pN ST
C*GWRK4iNpRopEMy
M LONtOAlK BLVD
'tf3178 0p14 622 647
4420 Mercandio Ave
Nq*s, Florida 84104
0
N0. !1c CA o
3/13/2012 Item 6.A.
Phone: 239439 -2300
www.colnorgov.net
ACCOUNT SUMMARY AS OF 01/24/11
PAYMENT RECEIVED ON 22/20/10 $9617
PREVIOUS BALANCE 0.00
CURRENT CHARGES 456,99
TOTAL AMOUNT DUE: 459.89
oCURREKrCNARGF$
water Savica 176.96
$ewer Service 282.01
YOUR MONTHLY WATER USAGE. HISTORY
GALLONS USED X 1000 IMPORTANT MESSAGE
21
it
0
Jan Feb Mar Apr I*Jun J1 Ap Sep Der Ilw Dea Jar
SEE BACK OF BILL FOR ADOM00144L WfOAMM11I0N, INGLIJOING PENALTlf:3 FOR oYERQt)E PAYMENTS
"Me OETAC j AND RERJRN THY PORTION WITH YOUR PAYMENT
Go �CneckB must be In U.S. funds and drawn
er CiOL�rt'Lty on a U.S. bank
Public Miles Division
Uuuty Billing & Custvr w Service �rf lllllllff llll�f�f f f ![��
4420 Morcanille Ave • Naples, Florlds 54104
PHONE: (239)252.2360
STATEMENT DATE
CURRENTCHARGES
ACCOUNTNUMBE:R
Customer Name: QUINCY SQUAREQ MADISON PARK
01124111
450.99
05464729501
Service Address: 765.6 CLEMSON ST
DUE DATE
TOTALOUE
A 1 EKLOSED
02/13/11
450.99
•ee•
1932 i AV 0.335 g.6
illllleill��' Idt(I eI��1Lp�le�yltl '�I��Nullu'eltjl�l�dl llf
QUINCY SQUARE@ MADISON PARK 4� PLEASE DO NOT SURMIT PAYMENT
C/O GUARDIAN PROPERTY MANABEMENF BANK DRAFT DRAWN
6704 LOW OAK BLVD
NAPLES, FL 341094534
CU- 1427.6 d�OQQ� 1 ��49R
Packet Page -131-
Feb. 20. 2012 3:034 s
Public UhIlles Divfsiofl
Wily Ming & Customer Service
ACCOUWNUMBER: 06092W=
CUSTOMER NAMC• QUINCY 11011MM8 MADISON PARK
SERVICE ADDRESS: 7058 CC1 ST
MAILING ADDRESS: 010 GUARDIAN PROPERTY
MANAGEMENT
6704 LONEGIdC BLVD
4420 M arcanille Ave
Naptea, FlDrWa 34104
No. ?4F/ P P
3/13/2012 Item 6.A
Phone: 239 -252 -2380
www.colliergov.net
ACCOUNT SUMMARY AS OF
01127/12
PAYMENT RECEIVED ON 1282/11
409.31
PREVIOUS BALANCE
0.00
CURRENT CHARGES
294.23
TOTAL AMOUNT DUE:
294.23
11646160 10 12f27t3t. ft_,: 12 12
1 ,k
RIB j� l
YOUR MONTHLY WATER USAGE HISTORY
GALLONS USED X 1000
n
zt
14
T
0
Jan Fab Mor "Mw" M Ate 81P Oct W DW JM
CUMISITCHAWM
Watet service 10324
SemT Service 153.99
Debit AcjuaUnent 27.00
IMPORTANT MESSAGE
Water restrictions now Phase I; Surcharge no longer applies. Irrigation
allowed 3 days a week - 12:01am to 9:ooam. Odd. number addresses
Mon, Wed, dr Sat; Ewen number addresses -rues, Thurs, & Sun. hand
.:watering S:OOpm to 7.OUpm.- Details at www.colliergov.net/utilitVbiiti
PAY111F.liT REOUMM BY DUE DATE - SEE MACK OF BILL 9OR ADDITIONAL INFORMATION
WATER SERVICE SHALL BE SUBJECT T(3 SHUTOFF FOR ANY BALANCE PAST DUE BY MORE THAN LEN DAYS
PLUM DETACH AND RETUIMN THIS PORTION YMN YOUR PAYftkT
Checks must be In US: funds and drawn an a U.S. bank
Colo Comity
Public Utilities Division
Utility Billing A Customer Service
4420 Meroantile Ave • Naples, Florida 34104
PHONE; (239)252.2380
6TATEr ENTUATE
00116T CHARGES
ACCOUNTNUMEER
01/27/12
294.23
05494729501
Customer Name; QUINCY SQUAREQ MADISON PARK
DUE DATE
TOTAL DUE
AMOUNT ENCLOSED
Service Address: 7656 C"SON ST
02116112
294.23
•
TOAKECHECK
PAYABLETO :•
•
18251. AV 0.350 6-B
11i1111I111116Ai141�n1itG11111n�11 [11ni11 =4111[[dt1111
PLEASE DO NOT SUBMIT PAYMENT
QUINCY SQUARE@ MADISON PARK JrS:bC BANK DRAFT DRAWN
CIO GUARDIAN PROPERTY MANAGEMENT
6704 LONE OAK BLVD
NAPLES, FL 34108.6634
ormnaourau
OCU-1427.9 artnMC11L11 7 =raCfl 029423
Packet Page -132-
COLLIER COUNTY
Board of County Commissioners
Item Number: 6.A.
3/13/2012 Item 6.A.
Item Summary: Public Petition request from Rob Samouce, Attorney for Quincy Square at
Madison Park Homeowners Association, requesting credit toward future water bills.
Meeting Date: 3/13/2012
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
2/23/2012 2:01:19 PM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
2/23/2012 2:01:21 PM
Approved By
Name: OchsLeo
Title: County Manager
Date: 3/2/2012 10:37:36 AM
Packet Page -133-