Agenda 02/24/2009 Item #17B
.Agenda Item No. 17B
February 24, 2009
Page 1 of 420
EXECUTIVE SUMMARY
CPSP-2007-6: Petition requesting an amendment to the Potable Water Sub-Element of the
Public Facilities Element of the Growth Management Plan (GMP) by Ordinance 89-05 as
amended, to add reference in Policy 1.7 to the proposed "Ten-Year Water Supply
Facilities Work Plan"; approve the 10-Year Water Supply Facilities Work Plan as
proposed; and direct staff to implement the Collier County Planning Commission's
(CCPC) recommendations. (Adoption hearing)
OBJECTIVE:
The objective of this petition is to have the Board of County Commissioners (BCC) consider the
foilowing: to amend the Potable Water Sub-Element of the Public Facilities Element to add
reference to the Ten-Year Water Supply Facilities Work Plan, as required of Coilier County by
Section 163.3177(6)(c), Florida Statutes; approve the 10-Year Water Supply Facilities Work
Plan as proposed; and direct staff to implement the CCPC's recommendations.
CONSIDERATIONS:
The purpose of water supply planning is to develop strategies to meet future water demands of
urban and agricultural uses, while taking into consideration impacts on natural resources and
the environment. This process identifies areas where historicaily used sources of water
potentiaily will not be adequate to meet future demands, and evaluates several water source
options to meet the potential shortfall.
Transmittal hearings for this amendment were held on September 5, 2007 (Environmental
Advisory Council), September 6, 2007 (CCPC), and on September 25, 2007 (BCC). On
November 27, 2007, the Department of Community Affairs (DCA) sent the County an
Objections, Recommendations and Comments (ORC) Report on the proposed amendment to
the Potable Water Sub-Element of the GMP and 10-Year Water Supply Facilities Work Plan
(see below). However, due to the sequence and timing of Evaluation and Appraisal Report
(EAR) based GMP amendments, it was not possible to be consistent with the County's Capital
Improvement Element (CIE) and meet the statutory adoption deadline of January 12, 2008.
Subsequent to DCA finding the County's EAR-based CIE not in compliance, the BCC approved
a Compliance Agreement between DCA and the County that includes petitioners-in-intervention
on December 11,2007, setting forth the required remedial amendments to the CIE.
This updated 10-Year Water Supply Facilities Work Plan was prepared subsequent to the
adoption of the County's compliance agreement-based CIE amendments in January 2008 per
DCA's guidance. Thus, Collier County is using the most recent and best available data. The
Comprehensive Planning Department has been coordinating with DCA the process of updating
the 2009 CIE. Foilowing DCA's suggestion, the adoption portion of the County's 1 O-Year Water
Supply Facilities Work Plan wiil be submitted to DCA concurrently with the updated CIE in order
to avoid inconsistencies in the data included in the two documents.
Please note that there are no references in Section 163.3177(6)(c) of the Florida Statutes as to
financial and planning sanctions as a result of not adopting the County's water supply plan by
the January 12, 2008 statutory deadline. As noted in the attached e-mail correspondence from
Mr. Ray Eubanks, Plan Review Administrator for DCA, the State agency has worked with the
~ County in a joint planning effort to solve the inconsistency issues between the 10-Year Water
Supply Facilities Work Plan and the CIE. Likewise, a letter is attached which states the BCC's
intent to work with DCA.
Page 1 of 3
Agenda Item No. 17B
February 24,2009
Page 2 of 420
Department of Communitv Affairs (DCA) Obiections. Recommendations and Comments (ORC)
Report:
The complete ORC Report is attached as part of the backup material. The ORC Report includes
recommendations in regards to quantification of alternative water supply sources in the
proposed 10-Year Water Supply Facilities Work Plan. The revised plan and response letter sets
forth with specificity the County's present and future efforts in this matter and demonstrates its
leading edge in the State of Florida with respect to the use of alternative water supply sources.
The ORC Report notes the need for the private and other utilities to be consistent with the level
of service standard (LOSS) that has been identified in the CIE. Both the 1 O-Year Water Supply
Facilities Work Plan and the County's CIE have been revised to reflect the updated, and
consequently the same, LOSS.
As part of the Objections in the ORC Report are recommendations to revise the CIE 5-Year
Schedule of Capital Improvements to address the projects that were not listed in the adopted
CIE at the time when the 10-Year Water Supply Facilities Work Plan was transmitted to DCA. In
addition, the ORC Report recommends revising the population projections to be consistent with
the County's adopted CIE and to coordinate with South Florida Water Management District's
(SFWMD) population projections. The data included in the 10-Year Water Supply Facilities
Work Plan has been updated in coordination with the SFWMD's staff, and as mentioned before,
in order to avoid inconsistency between the revised 1 O-Year Water Supply Facilities Work Plan
and the County's adopted CIE, the updated CIE will be submitted to DCA concurrently with the
adoption portion of the 10-Year Water Supply Facilities Work Plan, per DCA's suggestion.
LEGAL CONSIDERATIONS:
This Executive Summary has been reviewed and approved by the Office of the County Attorney.
These Growth Management Plan amendments are authorized by, and subject to the procedures
established in, Chapter 163, Part II, Florida Statutes, The Local Government Comprehensive
Planning and Land Development Regulation Act, and by local Resolution #97-431, as amended.
This item is not quasi-judicial and as such, no ex parte disclosures are required. A super-
majority vote of the Board is necessary for Board action. HFAC
FISCAL IMPACT:
There are no fiscal impacts associated with this Petition.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard CPSP-2007-6, at its January 20, 2009 meeting. The CCPC voted 6-0 to
forward the subject petition to the BCC with a recommendation to adopt and submit to DCA.
As a matter of clarification, the CCPC requested staff to provide an explanation of an apparent
inconsistency between two tables in the 10-Year Water Supply Facilities Work Plan. This
information has been provided to the ccpe members. (See attached e-mail explanation from
staff to the CCPC members).
For future consideration, and not related with the adoption of the proposed 10-Year Water
Supply Facilities Work Plan GMP amendment, the CCPC made the following policy
recommendations:
Page 2 of 3
,c\genda item No. i 78
February 24, 2009
Page 3 of 420
. That the map boundary of the Collier County Water and Sewer District (CCWSD) be
revised to reflect the BCC's directive in regard to collection of impact fees.
. To include Policies in the Rural Lands Stewardship Areas (RLSA) that would require the
necessary information for data and analysis of any proposed development in areas
outside the boundaries of the CCWSD.
. To revise a subtitle within Policy 3,1 of the Potable Water Sub-Element of the Growth
Management Plan document.
STAFF RECOMMENDATION:
That the Board of County Commissioners (BCC) adopt and submit petition CPSP-2007-6 to the
Florida Department of Community Affairs; approve the 10-Year Water Supply Facilities Work
Plan as proposed; and direct staff to implement the CCPC's recommended changes to the
GMP.
PREPARED BY:
Carolina Valera, Principal Planner
Comprehensive Planning Department
Page 3 of 3
Item Number:
Item Summary:
Meeting Date:
Page 1 of2
Agenda Item No. 178
February 24, 2009
Page 4 of 420
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
178
CPSP-2007-6: Petition requesting an amendment to the Potable Water Sub-Element of the
Public Facilities Element of the Growth Management Plan (GMP), to add reference in Policy
1.7 to the proposed Ten-Year Water Supply Facilities Work Plan: approve the 10- Year Water
Supply Facilities Work Plan as proposed; and direct staff to implement the ccpes
recommendations, (AdoptIOn hearing)
2124/200990000 AM
Prepared By
Carolina Valera
Community Development &
Environmental Services
Urban Design Planner
Date
Zoning & Land Development Review
1127/200911 :11 :12 AM
Approyed By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
1/27120093:29 PM
Approved By
Randall J, Cohen
Community Development &
Environmental Services
Comprehensive Planning Department
Director
Date
Comprehensive Planning
1127/20093:35 PM
Approved By
Phil E. Gramatges, P.E.
Public Utilities
Sr. Project Manager
Public Utiiities Planning and Project
Management Department
Date
1/30/2009 1 :27 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
1/30/2009 2:4S PM
Approved By
James W. DeLony
Public Utilities
Public Utilities Administrator
Public Utilities Administration
Date
2/2/2009 12:36 PM
Approved By
David Weeks, AICP
Community Development &
Environmental Services
Chief Planner
Date
Comprehensive Planning
2/3/200910:14 AM
Approved By
Heidi F. Ashton
County Attorney
Assistant County Attorney
Date
County Attorney Office
2/5/200911:12 AM
Apprll\'cd By
Jeff Klatzkow
Assistant County Attorney
Date
file://C:\AgendaTest\Export\ 124-Februarv%2024. %202009\ 17 .%20SUMMAR Y%20AGEN... 2/18/2009
Page 2 of 2
Agenda Item NO.1 iB
February 24, 2009
Page 5 of 420
County Attorney
County Attorney Office
2/5/2009 11 :48 AM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
216120098:31 AM
Approved 8y
Randy Greenwald
County Manager's Office
Management/Budget Analyst
Office of Management & Budget
Date
216120093:20 PM
Appruved By
Mark Isackson
Budget Analyst
Date
County Man3ger's Office
Office of Management & Budget
2ii 3/2009 4 :31 PM
Approved B~"
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
211312009 6:S1 PM
file://C:\AgcndaTest\Export\ 124-F ebruarv%2024.%202009\] 7.%20SUMMAR Y%20AGEN... 2/18/2009
Agenda Item No. 17B
February 24, 2009
Page 6 of 420
Co~r County
- -
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION,
COMPREHENSIVE PLANNING DEPARTMENT
HEARING DATE: JANUARY 16, 2009
SUBJECT:
Petition CPSP-2007-6, Ten-Year Water Supply Facilities Work Plan, Growth
Management Plan Amendment [exempt from twice per year amendments to
GMP per Section 163.3177(6)(c), Florida Statutes].
(ADOPTION HEARING)
POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT
ELEMENT:
Transmittal hearings for this amendment were held on September 5, 2007 (EAC), September 6,
2007 (CCPC), and on September 25, 2007 (BCC). The Transmittal recommendations/actions
are set forth on Page 2 of this report.
Subsequent to the transmittal of the Plan that was sent to DCA in September 2007, DCA
published its first guidelines for preparing water supply comprehensive plan amendments and
water supply facilities work plans in November of 2007. DCA was over a year late in developing
the guidelines. Therefore, the 10-Year Water Supply Facilities Work Plan submitted to DCA by
Collier County did not include all the requisite information consistent with the guidelines for
preparing water supply facilities work plans. Modifications to the Plan have been prepared
accordingly.
On November 27, 2007, DCA sent the County an Objections, Recommendations and
Comments (ORC) Report on the proposed amendment to the Potable Water Sub-Element of
the GMP and 10-Year Water Supply Facilities Work Plan. However, due to the sequence and
timing of Evaluation and Appraisal Report (EAR) based GMP amendments, it was not possible
to be consistent with the County's CIE and meet the statutory adoption deadline of January 12,
2008. Subsequent to DCA finding the County's EAR-based CIE not in compliance, the BCC
approved a Compliance Agreement between DCA and the County that includes petitioners-in-
intervention on December 11, 2007, setting forth the required remedial amendments to the CIE.
The BCC held adoption hearings for the remedial amendments to the CIE on January 29, 2008.
Because of the delay in the process of the adoption of the County's CIE, the 10-Year Water
Supply Facilities Work Plan that was required to be adopted on January 12, 2008 must be
adopted subsequent to or concurrently with the County's 2009 CiE. if the County had adopted
its 10-Year Water Supply Facilities Work Plan prior to the January 12, 2008 required submission
date, DCA would have found the Plan not in compliance and would have issued a Notice of
Intent to find the Plan not in compliance. This would have occurred because of the CIE's
remedial amendments necessitated by the need to be financially feasible and the
inconsistencies in the data and analysis which would have used population and other data from
different years. Unfortunately, the difference in the data and analysis could not be avoided as
the EAR-based GMP amendments were found not in compliance and consistency could not
Aae,,da Item No. 17B
- February 24, 2009
Page 7 of 420
occur until those compliance issues were addressed and DCA and Collier County entered into a
settlement agreement.
Because of the issues that were in the process of being resolved with DCA pertaining to the
County's CIE, the County had to delay the adoption of the 1 O-Year Water Supply Facilities Work
Plan in order to be consistent with the CIE on record. The CIE. which under normal
circumstances would have been scheduled for adoption hearings in winter, was significantly
impacted by the outcome of the January 29. 2008 CIE remedial amendments, and consequently
presentation to the BCC was delayed as well.
This updated 10-Year \^Jater Supply Facilities \^/ork Plan was prepared subsequent to the
adoption of the County's compliance agreement-based CIE amendments in January 2008 per
DCA's guidance. Thus, Collier County is using the most recent and best available data. The
Comprehensive Planning Department has been coordinating with DCA the process of updating
the 2009 CIE. Following DCA's suggestion, the adoption portion of the County's 1 O-Year Water
Supply Facilities Work Plan will be submitted to DCA concurrently with the transmittal portion of
the updated CIE in order to avoid inconsistencies in the data included in the two documents.
Please note that there are no references in Section 163.3177(6)(c) of the Florida Statutes as to
financial and planning sanctions as a result of not adopting the County's water supply plan by
the January 12, 2008 statutory deadline. As noted in the attached e-mail correspondence from
Mr. Ray Eubanks, Plan Review Administrator for DCA. the State agency has worked with the
County in a joint planning effort to solve the inconsistency issues between the 10-Year Water
Supply Facilities Work Plan and the CIE. Likewise, a letter is attached, which states the BCC's
intent to work with DCA (see Exhibit 6).
TRANSMITTAL HEARING
STAFF RECOMMENDATION: To transmit to DCA.
NEIGHBORHOOD INFORMATION MEETING (NIM): A Neighborhood Information Meeting
(NIM) is not required by Section 10.03.05.F of the LDC for Growth Management Plan
amendments which are not site specific.
COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION
and COMMENTS: To transmit to DCA (vote 6/0). The EAC expressed the following concern,
and which they recognized is beyond the scope of the statutory requirement: to create a Water
Supply Plan horizon for the area east of 951 that is served by private wells. This plan is to
include a water supply study of future raw water availability, conservation methods, and a plan
to provide surface lining for both water and sewer in this area of the County.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATIONS AND
COMMENTS: to transmit to DCA (vote 9/0). subject to the following comments:
. Objective 1 of the Potable Water Sub-Element of the GMP requires the County to
develop water supply sources to meet the future needs of only County owned and
operated systems. The CCPC inquired of the legal basis as to why the County is
required to report on private utilities and how that is consistent with the GMP.
. The CCPC suggested standardization of the demand that is used for County owned and
operated systems for all utilities that are cited in the 10-Year Water Supply Facilities
V'v'ork Plan.
2
Aqenda Item No. 17B
- February 24,2009
Page 8 of 420
. The CCPC questioned how the County is to demonstrate that the 1 O-Year Water Supply
Facilities Work Plan is feasible if the County cannot obtain all the necessary data from
private utilities.
. The CCPC suggested that the 10-Year Water Supply Facilities Work Plan demonstrate
conservation methods to better reduce the County's daily demand.
Note: All of the CCPC comments and recommendations have been addressed in the response
document to the ORC Report.
BOARD OF COUNTY COMMISSIONERS (BCC) ACTION: To transmit to DCA (vote 5/0).
There were no registered speakers at any of the transmittal hearings.
DEPARTMENT OF COMMUNITY AFFAIRS (DCA) OBJECTION, RECOMMENDATIONS AND
COMMENTS (ORC) REPORT:
The Objections Recommendations and Comment (ORC) Report is included as part of this
amendment packet, as well as a response letter prepared by the County's consultant (Camp,
Dresser and McKee, Inc.) with the assistance and input of County staff.
Most notable are recommendations in regards to inclusion of quantified alternative water supply
sources in the proposed 10-Year Water Supply Facilities Work Plan. The revised plan and
response letter intends to highlight the County's present and future efforts in this matter and to
demonstrate its leading edge in the State of Florida.
The ORC Report notes the need for the private and other utilities to be consistent with the level
of service standard (LOSS) that has been identified in the CIE. Both the 10-Year Water Supply
Facilities Work Plan and the County's CIE have been revised to reflect the updated, and
consequently the same, LOSS.
Also noted in the ORC Report are recommendations to revise the CIE 5-Year Schedule of
Capital Improvements to address the projects that were not listed in the adopted CIE at the time
when the 10-Year Water Supply Facilities Work Plan was transmitted to DCA. In addition, the
ORC Report recommends revising the population projections to be consistent with the County's
adopted CIE and to coordinate with SFWMD population projections. The data included in the
1 O-Year Water Supply Facilities Work Plan has been updated in coordination with the SFWMD's
staff, and as mentioned before, in order to avoid inconsistency between the revised 10-Year
Water Supply Facilities Work Plan and the County's adopted CIE, the updated CIE will be
transmitted to DCA concurrently with the adoption portion of the 1 O-Year Water Supply Facilities
Work Plan, per DCA's suggestion.
The following sections of the Collier County 10-Year Water Supply Facilities Work Plan have
been revised:
. Executive Summary
. Section 2.2.3 Everglades City
. Section 2.2.9 Independent Districts
. Section 3.1 Countywide Projections
. Section 3.2.1 Collier County Water-Sewer District (CCWSD)
. Section 4.1 Collier County Water-Sewer District (CCWSD)
. Section 5.1 Coilier County Water-Sewer District (CCWSD)
. Section 6.1 Collier County Water-Sewer District (CCWSD)
3
Agenda item No. 176
February 24. 2009
Page 9 of 420
. Section 8.1 Collier County Water-Sewer District (CCWSD)
. Appendix A
If an Objection set forth in the ORC Report is not adequately addressed when adopted, then the
DCA may find the amendment to be "Not in Compliance" with Florida Statutes, and issue a
Notice of Intent (NOI) to indicate such noncompliance. The County may respond to the ORC
Report in one of four ways at Adoption:
1. not modify the amendment, but provide additional explanation of what the amendment is
about, its purpose, what it will achieve [appropriate if we believe DCA simply does not
understand/has misunderstood the amendment] and/or provide additional data and analysis
to support the amendment; or
2. modify the amendment, so as to address the ORC issue; or,
3. modify the amendment. and provide additional explanation andior provide additional data
and analysis; or,
4. not adopt the amendment.
LEGAL CONSIDERATIONS:
This staff report has been reviewed by the Office of the County Attorney.
STAFF RECOMMENDATION:
That the Collier County Planning Commission forward the Ten-Year Water Supply Facilities
Work Plan GMP Amendment (Petition CPSP-2007-6) to the Board of County Commissioners
with a recommendation to adopt and transmit to the Florida Department of Community Affairs.
4
Agenda Item No. 17B
February 24, 2009
Page 10 of 420
PREPARED BY:
DATE:
CAROLINA VALERA, PRINCIPAL PLANNER
COMPREHENSIVE PLANNING DEPARTMENT
REVIEWED BY:
DATE:
DAVID WEEKS, AICP, PLANNING MANAGER
COMPREHENSIVE PLANNING DEPARTMENT
REVIEWED BY:
DATE:
RANDY COHEN, AICP, DIRECTOR
COMPREHENSIVE PLANNING DEPARTMENT
REVIEWED BY:
DATE:
PHIL GRAMATGES, P.E., DIRECTOR
PUBLIC UTILITIES ENGINEERING
REVIEWED BY:
DATE:
JAMES DELONY, ADMINISTRATOR
PUBLIC UTILITIES DIVISION
REVIEWED BY:
DATE:
HEIDI F. ASHTON-CICKO
ASSISTANT COUNTY ATTORNEY
OFFICE OF THE COLLIER COUNTY ATTORNEY
APPROVED BY:
DATE:
JOSEPH K. SCHMITT, ADMINISTRATOR
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
PETITION NO.: CPSP-2007-6: Staff Report for the January 16, 2009 cepe Meeting.
NOTE: This petition has been advertised for the February 24, 2009 Bee Meeting.
COLLIER COUNTY PLANNING COMMISSION:
DATE:
MARK STRAIN, CHAIRMAN
G: Comprehensive//Valera/CPSPw07-6/CPSP-07-6 cepe Staff Report-AH
5
t\oenda item No. 178
~ February :'4, 2009
Page 11 of 420
ORDINANCE NO. 09-
AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT
PLA.c'" FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY. FLORIDA BY PROVIDING FOR AN AMENDMENT TO
THE POTABLE WATER SUB-ELEMENT OF THE PUBLIC
FACILITIES ELEMENT OF "fHE GROWTH MANAGEMENT PLAN
TO ADD A REFERENCE TO AND INCORPORATE THE COUNTY'S
TEN-YEAR WATER SUPPLY FACILITlES WORK PLAN,
PROVIDING FOR SEVERJ\BILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Collier County, pursuant to Section 163.3161. el. seg., Florida Statutes, the Florida
Local Govenunent Comprehensive Planning and Land Development Regulation Act, was required to
prepare and adopt a comprehensive plan; and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier County
Growth Management Plan on January 10, 1989; and
WHEREAS, the Local Govenunent Comprehensive PlalU1ing and Land Development Regulation
Act of 1985 provides authority for local govenunents to amend their respective comprehensive plans and
outlines certain procedures to amend adopted comprehensive plans pursuant to Sections ]63.3184 and
163.3187, Florida Statutes; and
WHEREAS, staff initiated an amendment to the Potable Water Sub-Element of the Public
Facilities Element to add a reference to and incorporate the County's Ten-Year Water Supply Facilities
Work Plan; and
WHEREAS, Collier County did submit this Growth Management Plan amendment to the
Department of Community Affairs for preliminary review on September 28, 2007; and
WHEREAS, the Department of Community Affairs did review the amendment to the Potable
Water Sub-Element of the Public Facilities Element, to the Growth Management Plan and transmitted its
findings in writing to Collier County within the time provided by law; and
WHEREAS, Collier County has 60 days from receipt of the Objections, Recommendations, and
Conunents Report from the Department of Community Affairs to adopt, adopt with changes or not adopt
the proposed amendment to the Growth Management Plan; and
WHEREAS, additional time was needed to allow Collier County to adopt a fmancially feasible
Capital Improvement Element, to adopt updates to the Collier County Water and Wastewater Master
Plans, which were used to assist in preparing the Ten-Year Water Supply Facilities Plan, and to obtain
data from private utilities providers in response to the Florida Department of Community Affairs'
Objections, Recommendations and Comments Report; and,
Page lof3
Agenda Item No. 178
February 24.2009
Page 12 of 420
WHEREAS, the Board of County Commissioners of Collier County did take action in the manner
prescribed by law and did hold a public hearing concerning the adoption of this amendment to the Potable
Water Sub-Element of the Public Facilities Element, to the Growth Management Plan on February 24,
2009; and
WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of this amendment, including the following: the Collier County Staff Report;
the documents entitled Collier County Growth Management Plan amendment, and other document,
testimony and information presented and made a part of the record at the meetings of the Collier County
Planning Commission held on January 16, 2009, and January 20,2009, and the Collier County Board of
County Commissioners held on February 24,2009; and
WHEREAS, all applicable substantive and procedural requirements of law have been met.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that;
SECTION ONE:
ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN
The Board of County Commissioners hereby adopts this amendment to the Potable Water Sub-
Element of the Public Facilities Element of the Growth Management Plan to add a reference to and
incorporate the County's Ten-Year Water Supply Facilities Work Plan, in accordance with Section
163.3 I 84, Florida Statutes. The text of the amendment is attached hereto as Exhibit "A" and is
incorporated by reference herein.
SECTION TWO:
SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portion.
SECTION THREE:
EFFECTIVE DATE.
The effective date of this amendment shall be the date a final order is issued by the Department of
Community Affairs or Administration Commission fmding the amendment in compliance in accordance
with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development
pennits, or land uses dependent on this amendment may be issued or commence before it has become
effective. If a final order of noncompliance is issued by the Administration Commission, this amendment
may nevertheless be made effective by adoption of a Resolution affinning its effective status, a copy of
Page 2 of3
A;;enda Item No. 17B
Feb'uary 24. 2009
Page 13 of 420
which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555
Shumard Oaks Blvd., 3" Floor, Tallahassee, Florida 32399-2100.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida this _ day of ,2009.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,Deputy Clerk
BY:
DONNA FIALA, Chairman
Approved as to form and legal suffiency:
fL, [~ /)
Heidi F. Ashton-Cicko
Assistant County Attorney,
Land Use Section Chief
Cl(n
-
CPSPM2007-6 Public Utilities 10 Year Water Supply Plan
Page 3 of3
Exhibit A
Agenda Item No. 17B
February 24, 2009
Page 14 of 420
CPSP-2007-6
Potable Water Sub-Element:
[page 3]
OBJECTIVE 1:
The County shall locate and develop potable water supply sources to meet the future
needs of the County owned and operated systems, said supply sources meeting the
minimum Level of Service Standards established by this Plan. The development and
utilization of new potable water supply sources and the acquisition of land necessary for
such development shall be based upon the information, guidelines and procedures
identified within the County's Ten-Year Water Supply Facilities Work Plan (as updated
annually), the Collier County Water-Sewer Master Plan, and the Lower West Coast
Water Supply Plan prepared by the South Florida Water Management District.
Policy 1.7:
The County 6t'lall referonso has developed the Ten-Year Water Supplv Facilities Work
Plan. dated Auaust 2007, in accordance with the water supply guidelines of the most
current version of the South Florida Water Management District's Lower West Coast
Water Supply Plan in dO'/olaping any fulloJra reEjloJirod ...ljator SloJpply FaGililias 'Nark Plan.
The Countv's Ten-Year Water Supplv Facilities Work Plan is herebv incorporated bv
reference.
Words strusI{tt'lrClu!,lh are deleted language; words underlined are proposed language
.
Aaenda Item No. 178
~ February 24, 2009
Page 15 of 420
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST
Governor
THOMAS G. PELHAM
-IV
MEMORANDUM
TO:
Jim Quinn, DEP
Susan Harp, DOS
Wendy Evans, AG
Mary Ann Poole, FWC
John Czerpak, FDOT 1
Ken Heatherington, Southwest Florida RPC
P.K. Sharma, South Florida WMD
Date:
November 30, 2007
Subject:
Proposed Comprehensive Plan Amendment Review Objections,
Recommendations and Comments Reports
Enclosed are the Departments Objection, Recommendations and Comments
Reports on the proposed amendments to the comprehensive plan(s) from the following
local government(s):
Collier Co 07RWSPI
These reports are provided for your information and agency files. Following the
adoption of the amendments by the local governments and subsequent compliance review
to be conducted by this agency, we will forward copies of the Notices of Intent published by
each local government plan.
If you have any questions, please contact Mr. Ray Eubanks at Suncom 278-4925 or
(850) 488-4925.
REllp
Enclosure
2666 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.4a8.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: htto:fiwww.dca.state.fl.us
CRITICAL STATE CONCERN AElO OFACE
COMMUNITY PlANNING
HOUSING & COMMUNITY DEVELOPMENT
Agenda Item No. 17B
tlj) Feb~~~~ ?64or~~6
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST
Go.error
THOMAS G. PELHAM
Secretary
:-.ro\ember 30. 2007
The Honorable James Coletta, Chairman
Board of County Commissioners
Collier County
3301 E. Tamiami Trail
Naples, FL 34112
Dear Chairman Coletta:
The Department completed its review of the proposed comprehensive amendment for
Collier County DCA No. 07RWSP1, which was received on October 2,2007. Based on
Chapter 163, Florida Statutes, we have prepared an attached report outlining our findings
concerning the amendment. It is particularly important that the County address the
objections set forth in our report so that these issues can be resolved prior to adoption. We
have also included a copy of the regional and state agency comments for your consideration.
Within the next 60 days, the County should act by choosing to adopt, adopt with changes or
not adopt the proposed amendments. We have also included a copy of local, regional and
state agency comments for your consideration. For your assistance, our report outlines
procedures for the final adoption and transmittal.
The proposed amendment contains the County's 10- Year Water Supply Facilities
\Vork Plan and a corresponding amendment to Policy 1.7 of the Potable Water Sub-Element,
to incorporate, by refercnce, the proposed 10- Year Water Supply Facilities Work Plan. The
concerns raised in the ORC report include the lack of coordination of the County's water
supply plan with the Lower West Coast Water Supply Plan, 2006-2006 Edition.
2555 SHUMARO OAK BOULEVARD $ TALLAHASSEE. FLORIDA 32399.
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Collier County 07RWSPl
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Page 2
Agenda Item No. 178
February 24 2009
Page 17 of 420
The Department's stan"is 3\ailabk to assist the County in responding to the report. If you
have any questions. please contact Thomas 1. TUlIlminia. Pbnncr. Oil ision ofCollll11l1nity
Planning. \lr. TlImminia can be reachcd at 1850) 922-182...
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\Iike \lcDaniel, Chief
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Enclosures: Review Agency Comments
cc: Mr. Joseph K. Schmitt, Administrator
Mr. David Burr, Executive Director, Southwest Florida Regional Planning Council
DEPARTMENT OF COMMUNITY AFFAIRS
Agenda item No. 178
February 24, 2009
Page 18 of 420
OBJECTIONS, RECOMMENDATIONS AND CO~IMENTS REPORT
COLLIER COUNTY COMPREHENSIVE PLAN
AMDIDMENT 07RWSPI
November 30, 2007
Division of Community Planning
This rcport is prepared pursuant to
Rule 9J-I1.01O, F.A.C.
Agenda Item No. 17B
February 24,2009
Page 1 9 of 420
INTRODUCTION
The following objections, recommendations and comments are based upon the
Department's review of Collier County's proposed Comprehensive Plan amendment. pursuant
to Section 163.3184, Florida Statutes (FS.).
The objections relate to specific requirements of relevant portions of Chapter 9)-5,
Florida Administrative Codes (F.A.C.), and Chapter 163, Part II, F.S. The objections include a
recommendation of an approach that might be taken to address the cited objection. Other
approaches may be more suitable in specific situations. Some of these objections may have
initially been raised by one of the other external review agencies. If there is a difference
between the Department's objection and the external agency advisory objection or comment.
the Department's objection would take precedence.
The County should address each of these objections when the plan is resubmitted for
our compliance review. Objections that are not addressed may result in a determination that
the amendment is not in compliance. The Department may have raised an objection regarding
missing data and analysis items that the County considers not applicable to its amendment. If
that is the case, a statement, justifying its non-applicability, pursuant to Rule 9J-5.002(2),
F.A.C.. must be submitted. The Department will make a determination on the
non-applicability of the requirement, and if the justification is sufficient, the objection will be
considered addressed.
The comments that follow the objections and recommendations are advisory in nature.
Comments will not form bases of a determination of non-compliance. They are included to
call attention to items raised by our reviewers, The comments can be substantive, concerning
planning principles, methodology or logic, as well as editorial in nature dealing with grammar,
organization, mapping, and reader comprehension.
Appended to the back of the Department's report are the comment letters from the other
state review agencies and other agencies, organizations and individuals. These comments are
advisory to the Department and may not form bases of Departmental objections unless they
appear under the "Objections" heading in this report.
Agenda Item No. 178
February 24, 2009
Page 20 of 420
TRANSMITTAL PROCEDl:RES
Upon receipt of this letter, Collier County has 60 days in which to adopt, adopt with
changes, or determine not to adopt the proposed comprehensive plan amendment. The process
for adoption of local comprehensive plan is outlined in Section 163.3184, FS., and Rule
9J-l1.011, F.A.C.
Within ten working days of the date of adoption, the County must submit the following
to the Department:
Three copies of the adopted comprehensive plan amendment;
A copy of the adoption ordinance;
A listing of additional changes not previously reviewed;
A listing of findings by the local governing body, if any, which were not included in
the ordinance; and,
A statement indicating the relationship of the additional changes to the Department's
Objections, Recommendations and Comments Report.
The above amendment and documentation are required for the Department to conduct
a compliance review, make a compliance determination and issue the appropriate notice of
intent.
In order to expedite the regional planning council's review of the plan, and pursuant
to Rule 9J-11.011(5), FA.C.. please provide a copy of the adopted plan directly to the
Executive Director of the Southwest Florida Regional Planning Council.
Please be advised that the Florida Legislature amended Section 163.3 1 84(8)(b ), FS.,
requiring the Department to provide a courtesy information statement regarding the
Department's Notice of Intent to citizens who furnish their names and addresses at the local
government's amendment transmittal (proposed) or adoption hearings. In order to provide this
courtesy information statement, local governments are required by the law to furnish to the
Department the names and addresses of the citizens requesting this information. This list is to
be submitted at the time of transmittal of the adopted amendment. As discussed in our letter
sent to you on May 25,2001, outlining the changes to Section 163.3 I 84(8)(b), FS., which
were effective July I, 2001, and providing a modcl sign-in information shcet, please provide
these required /Iallles a/ld addresses to the Departme/lt when )'ou tra/l.~",it )'our adopted plan
for compliance review. For efficicncy, we cncourage that thc in formation shcet he provided in
electronic format.
!\genda Item No. 178
February 24,2009
OBJECTIONS RECOMMENDATIONS AND COMMENTS REPOR1\le 21 of 420
PROPOSED COMPREHENSIVE PLAN .,uIENDMENT 070-1
COLLIER COl:NTY
CONSISTENCY WITH RULE 9J-S, FAC., CHAPTER 163, F.S. & COLLIER
COI.:NTY'S COMPREHENSIVE PL.-\N
Collier County has proposed amendment 07RWSPl, which consists of a text amendment to the
Potable Water Sub-Element. The County revised Policy 1.7, Potable Water Sub-Element, to
incorporate, by reference, the proposed Ten-Year Water Supply Facilities Work Plan. The
County did not include any changes to the Capital Improvements Element or the
Intergovernmental Coordination Element. The proposed text amendment is intended to
address the requirement of Chapter 163.3177(6)(c), that local governrnents update their
comprehensive plan within 18 months of the approval of the District Water Supply Plan
(DWSP).
Tbe Department bas identified tbe following objections, a comment and
recommendations to tbe proposed amendment.
I. Objections
A. Consistency With Tbe Regional Water Supply Plan: The County did not demonstrate
consistency with the South Florida Water Management District's Lower West Coast Water
Supply Plan, 2005-2006 edition. The County's Work Plan acknowledges that deficits will
occur in the various water supply districts, yet plans to utilize alternative water supply
sources have not been proposed. For instance:
I. The CCWSD currently operates under a consumptive use permit that authorizes
56.14 mgd which expires in year 2026; however, this utility incurs a supply deficit of
23.16 mgd in 2013, and 41.33 mgd in 2018, relative to the service areadernand. The
County's proposal to expand its current consumptive use permit and add a new
well field did not include plans to utilize alternative sources of water supply that will
help the County overcome the water supply source deficits, and not rely on water
from the same traditional sources, such as the Lower Tamiami and the Mid
Hawthorn aquifers, that are identified by the District as having limited availability
and experiencing water quality deterioration.
2. The Immokalee Water and Sewer District (lWSD) currently operates a consumption
use pcrmit that authorizcs 3.36 mgd and expires in 2010. The watcr analysis for
IWSD indicated that it incurs a water supply deficit for years 2005-2018. However,
it did not provide any planning stratcgy such as altcrnative water supply projccts to
demonstrate how it will meet the needs Within the planning horizon.
3.. The Ava :'vlaria Ctility Company (AML'C) currently operates a consumptive use
pcnnit that authorizcs 1.26 :'vlGD and expires in June 20 II. The AMVC rcports a
watcr source dcficit by 2013. AMUC did not providc any planning strategy such as
aitcmative watcr supply projects to dcmonstratc how it "iii mect the nceds within
the planning hori/on.
Page I
Agenda item No. 178
February 24, 2009
Page 22 of 420
4. The Florida Governmental Utility Authority (FGUA) currently operates a
consumption use permit that authorizes 1.92 mgd and expires in 2008. The water
analysis for FGUA indicated that it incurs a water supply deficit for years 2005-
2018. However, it did not provide any planning strategy such as alternative water
supply projects to demonstrate how it will meet the needs within the planning
horizon.
5. The Orange Tree Ctility Company (OTCC)currently operates a consumption use
permit that authorizes 0.86 mgd and expires in 2009. The water analysis for OTl;C
indicated that it would incur a water supply deficit by year 2012. However, it did
not provide any planning strategy such as alternative water supply projects to
demonstrate how it will meet the needs within the planning horizon.
Therefore, the amendment is inconsistent with the following provisions:
Sections 373.0361(2)(a); 163.3177(4)(a); 163.3177(6)(c); I 87.201(25)(b)5 and 7, Florida
Statutes; Rule 9J-5.011(2)(b) and (c), Florida Administrative Code
Recommendation: Revise the Water Supply Work Plan to be consistent with the South
Florida Water Management's Lower west Coast Water Supply Plan, 2005-2006 edition. The
sources identified in the Work Plan must be demonstrated to have sufficient water to meet
the projected needs of the County, including the needs for all independent water districts.
The Water Supply Work Plan for the County should utilize the alternative water sources
identified in the South Florida Water Management's Lower West Coast Water Supply Plan,
2005-2006 edition, such as the use of brackish water sources and aquifer storage and
recovery.
B, Lack of Policies Guiding Coordination: Section 163.3177(4)(a), F.S., requires the
coordination of the local government comprehensive plan with the plans of the appropriate
water management districts regional water supply plans approved pursuant to Section
373.0361, F.S. The County has not included a policy committing to maintain consistency
with the District's water supply plan.
Therefore, the amendment is inconsistent with the following provisions:
Sections 1 63.3 I 77(4)(a); 1 63.3 1 77(6)(c) & (h),F.S.; and, Rules 9J.-5.011(2)(a); 9J-
5.015(3)(b) & (3)(c)lI, FAC.
Recommendation: Revise the water supply plan, the Intergovernmental Coordination
Element or the Potable Water Sub-Element to establish a policy that requires the County to
maintain consistcncy with the District's Water Supply Plan 2005-2006 cdition. Any
established policy for coordination with the Districts should idcntify the mcans by which
such coordination will bc implementcd to cnsure consistency.
C. The Collier County Ten- Year Water Supply Facilitics Work Pian is not accompanied by a
proposed update ofthc Capital Improvements Elemcnt that addressed the capital
improvement nceds for potable water facilitics and supplies within the short term (tive
ycars) planning period. Section 8 of the Water supply Work Plan included a long list of
projects related to water supply. However, none of these improvements are proposed to be
incorporated into the 5- Ycar Schcdule ofCapitallmprovcmcnts to correct the identificd
Page II
Agenda Item No. 178
February 24,2009
. Page 23 of 420
deficiencies and address the future water supply needs of the County Identified in tne work
plan.
Therefore, the amendment is inconsistent with the following provisions:
Sections 163.3164(32); 163.3177(2) & (3)(b)1: and, 163.3177(5)(a), F.S,; Rules 91-5006(2);
91-5.006(3)(c)3; 91-5.006(4); 915.016(2lb, c, and f., FAC
Recommendation: Revise the 5-Year Schedule of Capital Improvements to include the
projects needed to correct the deficiencies identified in the work plan or are projected to
occur within the next five years, including projccts for the use of alterative water supply
sources. All projects included in the 5- Year Schedule of Capital Improvements have to be
funded with committed funding sources within the first three years and for years four and
five, the County could use committed or planned funding sources, and demonstrate that
there is adequate funding in all the identified sources to pay for the improvements.
D. Lack of Data and Analysis:
Section 373.0361(2), Florida Statutes requires all local governments to provide a list of
water supply development project options, including traditional and alternative water
supply project options, from which local government, government-owned and privately
owned utilities, regional water supply authorities, multijurisdictional water supply
entities, self-suppliers, and others may choose for water supply development. Collier
County did not comply with the State Statute because it did not include the water
supply plans for four unincorporated areas and at a minimum did not include service
agreements or memoranda of understandings regarding water supply in these areas.
The areas include the following:
. An unincorporated area per inter-local agreement with the City of Naples;
. Plantation Island and Seaboard Village in Copeland served by Everglades City;
. The Unincorporated area in Copeland served by Lee Cypress Water and Sewer Co-
op; and,
. The unincorporated area served by the Port of the Islands Community Improved
District.
Therefore, the amendment is inconsistent with the following provisions:
Sections 163.3 I 77(6)(a); 163.3177(6)(c); 163.3177(8), F. S.; and, Rules 91-5.005(2),
F.A.C
Recommendation: The County should revise the work plan to address the watcr supply
planning for the unincorporated areas served by other utilities. At a minimum the
County should provide the servicc arca agrccmcnts or memoranda of understandings,
document growth projcctions, and discuss how and whcn water scrvice will be expandcd
in the future to accommodate the water demand associated \vith anticipated growth in
population in these areas. This infonnation is necdcd in order to dcmonstrate that the
water supply nccds ofthcse arcas have becn idcntified and that thcre is a plan to provide
for thcse areas.
E. Inconsistent Projections: The County's projection ofwnter needs is not based on
population projections that are consistent with Scction 373.0361 (2)(a) I.. F.S.; and not
bascd on best a\ailablc data and analysis, as required. The population projections lIsed
Page III
Agenda Item No. 178
February 24,2009
, . . Pag,,~24 of 420
in the County s 10-Year Water Supply Plan have not been coordinated with the Water
\-lanagement District; as a result, there is a huge difference between the water
projections of the District and the County's projection offuture water needs (i.e.. the
county's water demand projections is about 40% higher than that of the District). For
water planning, under state law, the District shall consider the University of Florida's
Bureau of Economic and Business Research (BEBR) medium population projections
and "any population projection data and analysis submitted by a local government" if
the data and analysis support the local government's comprehensive plan. Also, any
adjustment of or deviation from the BEBR projections must be fully described, and the
original BEBR data must be presented along with the adjusted data. The County's 10-
Year Water Supply Plan is not supported by this information; and the County has'not
demonstrated coordination of its population projections with the District in order to
ensure consistency of the 10- Year Water Supply Plan with the District's Water Supply
Plan, as rcquired.
Therefore, the amendment is inconsistent with the following provisions:
Sections 163.3 1 77(6)(a); 163.3177(6)(c);163.3177(8), F. S.; and, Rules 9J-5.005(2),
FAC
Recommendation: Revise the 10- Year Water Supply Plan to utilize consistent
population projections with the South Florida Water Management District, and the
population projection must be consistent with the provisions of Section
373.036 1(2)(a) I., F.S. During the EAR-based amendment, the Department approved a
population projection methodology for the County that requires the County to use BEBR
midrange plus an estimate of the seasonal population; this is the population
methodology that must be used for the 10- Year Water Supply Plan, as well as for other
facility planning activities in the County. Please coordinate the response to the ORC
report with the Water Management District.
F. Inconsistency witb Comprebensive Plan: The proposed potable water level of service
standards for the Orange Tree Utility Company, the Florida Governmental Utility Authority,
and the Immokalee Water-Sewer District are not consistent with the adopted level of service
standards within the County's comprehensive plan. Policy 3.1, of the Potable Water Sub-
Element, indicates that all three independent potable water supply districts have a level of
service standard of 100 gpcd; however the Orange Tree Utility Company proposed 60gpcd,
the Florida Governmental Water District proposed 173 gpcd, and the Immokalee Water-
Sewer District proposed 182 gpcd. The County did not include a text amendment to Policy
3.1, of the Potable Water Sub-Element to revise the adopted level of service standards for
these water districts. In addition, no data and analysis was presented to support the changes
to the level of service standard especially an analysis of how increasing the level of service
standard would promote the conservation of the water resource.
Thercfore, thc amcndment is inconsistent with the following provisions:
Sections 163.3177(2), & (4)(a); 163.3177(8), FS.; and, Rules 9J-5.005(2), (3),(5); 9J-
5.006(4)(a); 9J-5.006(2)(a), FA.C
RecommendatIon: Rcvise the Tcn- Year Watcr Supply Plan to he consistcnt with the
Cuunty's comprehenshe plan by either revising Policy 3.1 of the Potable Watcr Sub-
Element and any othcr appropriate policy to change the Icvel of service standards for the
Pagc IV
Agenda Item No. 178
February 24. 2009
Orange Tree Utility Company, the Florida Governmental Utility Authority, and t~@ge 25 of 420
Immokalee Water-Sewer District to those used in the work plan; or change those level of
service standard used in the work plan to be consistent with the level of service standards
that are established in Policy 3.1 of the Potable Water Sub-Element. If the County wants to
establish different level of service standard for the independent water use districts, include
the data and analysis that supports the standards and how they promote the conservation of
the water resource.
II Comments
A. The Map that is after page 2-1 does not contain a legend, an identification or a number.
The map should be revised to referenced 2-1 and to include a legend, an identification
and a page number.
B. The District commented that the reclaimed water system for the CCWSD relies on
freshwater from two permitted well field as the backup source to meet peak demand on
the reclaimed system. The District recommended that the County revise the Irrigation
Quality Master Plan to address the planned capital improvements associated with a fully
utilized reclaimed water system addressing the highest use of reclaimed water to meet the
County's future needs. The County should address this comment by the District.
C. The District commented that the Florida Governmental Utility Authority's existing
facilities and proposed projects differ from the information in the District's approved
alternative water supply grant. The District recommended that the Florida Governmental
Utility Authority should confirm that if grants GGOl2 and GGOl5 have not changed it
should revise tables 4-14 and 4- 15, as appropriate. The County should address this
comment by the District.
III, Consistency with the State Comprehensive Plan
The Department staff has identified potential inconsistency between this amendment and the
State Comprehensive Plan:
Goal (7) Water Resources, Policies (b) 4,5,9, II, 13: ensure that new development is
compatible with local and regional water supplies; Protect and use natural water systems in
lieu of structural alternatives and restore modified systems; protect aquifers from depletion
and contamination through appropriate regulatory programs and through
incentives; promote water conservation as an intcgral part of water management programs
as well as the use and reuse of water of the lowest acceptable quality for the purposes
intcnded; and, identify and develop alternative mcthods ofwastcwater treatment, disposal,
and rcuse 0 f wastcwater to rcduce degradation of water rcsourccs;
Goal (17) Public Facilities, (b) I, 3, 4, 5, 6, 7 and 9: Maximize the use of existing public
facilities, allocate thc costs of new public facilities based on the bencfits received by
existing and future residents, and develop fiscally sound and cost cffcctivc tcchniques
for financing public facilitics;
(20) Governmental Efficicncy, (b) I: I. Encouragc greatcr cooperation between, among,
and within all levels of F!orida government through the lJse of appropriate interlocal
agrcements and mutual participation for mlllUal henefit: and
Page V
Agenda item No. 178
February 24,2009
Goal (25) Plan Implementation, (a)(b) 5: ensuring that functional plans are desi~~'il t8 of 420
achieve policies and goals consistent with the state law.
Recommendation: Revise the amendments, as indicated in the objections and
recommendations of this report. in order to be consistent with the above goals and policies of
the State Comprehensive Plan.
Page VI
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Agenda Item No. 178
February 24, 2009
Page 27 of 420
SOUTH FLORIDA WATER MANAGEMENT DISTRICf
3J.01 Gun Oub Road, West Palm Beach, Flarida 33+~ . (301) 686-SSCO a FL WATS ]~SOO--432.2045 .. TDD (561) 697-2.57,1,
~L:iiiing Address: P.o. Box 24680, West Palm BeaG... FL ':2416-4680 . w'Nw.shvrnd.go"J .
GOV 03-04
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November 21. 2007
,":,ay Eubanks, Administrator
Pian Review and Processing
Department of Community AFairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Dear Mr. Eubanks:
Subject:
Proposed amendment comments
Collier County, DCA #07.RWSP1
The South Florida Water Management District (District) has completed its review of Collier
County's proposed amendment to the 2007 Growth Management Plan, Public Facilities Element,
Potable Water Sub-element, including by reference the Water Supply Facilities Work Plan. With
Collier County's good track record in providing for a~emative water supplies, we find this proposed
amendment inconsistent as it does not appear to meet the minimum requirements for a Water
Supply Facilities Work Plan as defined in section 163.3167(13), FS.
Collier County's proposed plan does not provide sufficient water supply to meet projected demands
for either the five or ten year planning horizons. Also, the plan's reliance on future additional water
from a limited source of fresh groundwater is inconsistent with the LWC Plan Update and frankly
the County's past planning and implementation practices. An expansion of brackish sources and
aquifer storage and recovery was recommended in the LWC Plan Update approved July 12, 2006.
Collier County will need to consider a~emative water supply sources as it meets the water demand
of a rapidly growing population. The District has other comments conceming POPulation
projections, service area agreements, capital improvements, water reuse, and the lack of related
supporting documentation. These comments are captured in the attached report.
The District offers its technical assistance and cooperation to the Department of Community Affairs
and Collier County on any of the issues identified in the attached comments. Please contact John
Mulliken 61 )682-6649 for further assistance.
,-
Ray Eubanks, Administrator
. November 21, 2007
Page 2
Agenda Item No. 17B
February 24, 2009
Page 28 of 420
c: Ken Heatherington, SWFRPC
James V. Mudd, Collier County
John Mulliken, SFWMD
Bernard Piawa\ DCA
-.
-.
--
,6,genda Item No. 17B
February 24, 2009
Page 29 of 420
Name of Agency:
Review Coordinator:
Local Govemment:
SFWMD Response Date:
South Florida Water Management District
Murray Miller (561)682-6789
Collier County
November 19,2007
-------------------------------------------------------------
-------------------------------------------------------------
Background
Collier County (County) is proposing to amend the Potable Waler Sub-Element of
the Infrastructure Element of its Growth Management Plan. The amendment
adopts the 10-Year Water Supply Facilities Work Plan (Work Plan) by reference.
The Work Plan contains the comprehensive long range water supply plan for the
unincorporated area of the County. The incorporated cities of Naples,
Everglades City, and Marco Island are served by their own municipal utilities and
are responsible for submitting individual water supply facility work plans.
In 2003, the Collier County Board of County Commissioners designated the
Collier County Water and Sewer District (CCWSD) as responsible for serving the
"Rural Fringe Areas. bounded on the east by the Urban Planning Boundary. The
CCWSD's service area boundary was established by a special legislative act.
The unincorporated areas lying outside of the CCWSD's service area are
currently served by independent districts or private utilities, as noted below:
. Immokalee Waler and Sewer District (IWSD)
. Florida Governmental Utility Authority (FGUA)
. Orange Tree Utility Company (OTUC)
. Ave Maria Utility Company (AMUC)
Summary of Comments
The Water Supply Facilities Work Plan covers the staMory minimum of 10 years
but does not meet other critical staMory requirements. In particular, the plan
does not identify adequate water sources and facilities to meet the county's
demand projections during the 10 year planning horizon. The South Florida
Waler Management District's (SFWMD) analysis concludes that the County's
proposed sources of water are not adequate to serve the projected water
demand before the end of the initial 5-year planning horizon with a growing deficit
through 2018. Additionally, the plan relies on developing sources of potable
water tharare not consistent with the Lower West Coast Waler Supply Plan
Update (LWC Plan Update). An expansion of brackish sources and aquifer
storage and recovery was recommended in the LWC Plan Update.
The District also has identified major issues related to inter-local service area
agreements, population projections, water demand projections, and sources of
potable water. The District has identified additional issues associated with water
reuse and the lack of supporting documentation.
1
Agenda 11em No. 178
February 24, 2009
Page 30 of 420
Major Comments
1. Comment: CCWSD currently operates under a consumptive use permit
(CUP) which authorizes 56,14 million gal!ons per day (MGD) from three aquifer
sources, including the Lower Tamiami Aquifer, which is a traditional source of
fresh groundwater. The Work Plan acknowledges that under the current CUP,
which expires in 2026. this utility incurs supply deficits of 23.16 MGD in 2013 and
41.33 MGD in 2018 relative to the service area demand.
The permit caps fresh water available from the Lower Tamiami at 18.8 MGD, and
brackish water from the Hawthorn aqurrer at 16.0 MGD. The permit assumes that
the remaining 22 mgd would come from brackish sources due to resource
limitations on the freshwater aquifer. However, he CCWSD has submitted an
application to increase the withdrawal limit of the Lower Tamiami Aquifer
component of their permit and assumes in the Work Plan that such an allocation
will be granted.
The LWC Plan Update did not include these projects and recommended the
development of brackish water sources (24 MGD by 2015) and aquifer storage
and recovery (9 MGD by 2015).
Recommendation: The County should recognize the difficulty in acquiring
allocations from sources of limited availability such as the Lower Tamiami and
revise the Work Plan to reflect sources of water and treatment facilities
consistent with the LWC Plan Update. The proposed quantities of water must be
adequate to satisfy the demands projected in the comprehensive plan.
2. Comment: The projected water demands of the CCWSD are more than 30%
greater than those in the LWC Plan Update. The per capita use rates and service
area boundaries are generally similar to the LWC Plan Update's assumptions.
The basis for the difference appears to be differences in the underlying
population projections (See comment #5, below).
Recommendation: Provide an explanation of the differences in water demand
projections for the CCWSD provided in the Work Plan and the LWC Plan Update.
To the exttlnt that an altemate population methodology is used, this should be
. submitted to the Florida Department of Community Affairs (DCA) for their
approval. If approved, the population should be utilized throughout the
comprehensive plan.
3. Comment Even with the proposal to expand the current penni! and add a
new well fjeld, the Work Plan still reports a source deficit by 2013. At this time,
2
~-
Agenda item No. 17B
February 24, 2009
Page 31 of 420
the Work Plan only notes that 'unspecified modifications are anticipated to further
address these deficits".
Recommendation: Reconsider alternative water supply sources as the means
to address the remaining supply deficits reported in future years, as
recommended in the LWC Plan Update. The deficit may be larger if the proposed
expansion of Lower Tamiami withdrawals can not be supported.
4. Comment: Tile Work Plan acknowledges that water supply plans for the
following unincorporated areas of Collier County are not included in the CCWSD:
. An unincorporated area per inter-local agreement with the City of Naples;
. Plantation Island and Seaboard Village in Copeland served by Everglades
City;
. The unincorporated area in Copeland served by Lee Cypress Water and
Sewer Co-op; and,
. The unincorporated area served by the Port of the Islands Community
Improvement District.
Recommendation: Address water supply planning for the unincorporated areas
served by other utilities. At a minimum, provide service area agreements or
memoranda of understanding, document growth projections, and discuss how
and when water service will be expanded in Mure years to accommodate the
water demand associated with anticipated growth in population in these areas.
5. Comment The projected water demand for the CCWSD is based on an
analysis of the peak season populations. The LWC Plan Update is not based on
the peak season populations and therefore a direct comparison of the two
projections is not possible. Collier County's projections of CCWSD's service
area population are approximately 40% greater Ihan contained in the LWC Plan
Update.
Recommendation: Provide additional information that distinguishes the
increment of all increases in permanent population from the seasonal population.
Assuming use of a DCA-approved methodology, provide a cross-walk that
explains the differences between the County's projections of permanent
population, the SFWMD's LWC Plan Update, and projections included in the
current consumptive use permit and pending CUP applications.
-.
6. Comment The capital improvements projects included in Section 8 of the
Work Plan should be incorporated into the Capital Improvements Element of the
Growth Management Plan. WJthout these amendments to the Capital
Improvements Element, the Work Plan is not consistent with statutory
requirements.
3
Agenda item No. 17B
February 24, 2009
Page 32 of 420
Recommendation: Amendments to the Capital Improvements Element should'
be included along with the amendments to the Infrastructure Element, Potable
Water Sub-Element. The updated Capital Improvement Element should include
the additional or expanded projects necessary to meet the projected demand.
Additional Comments
1. Comment Ave Maria Utility Company's current CUP expires in June 2011
and a water source deficit is reported in 5-10 years. The utility is proposing to
develop 4 MGD of well field capacity from fresh groundwater beginning in 2009.
The LWC Plan Update recommends the development of brackish and reclaimed
sources.
Recommendation: Ave Maria Utility Company should undertake a technical
study of the availability of groundwater sources well in advance of need. If fresh
groundwater sources are limited, the utirlty should evaluate the technical
feasibility of altemative sources as recommended in the LWC Plan Update.
2. Comment The reclaimed system relies on freshwater from two pennitted
well fields as the backup source to meet peak demand on the reclaimed system.
The County has submitted an application for additional backup sources, including
the Lower Tamiami Aquifer, a limited source of fresh groundwater. Little analysis
has been provided in the Work Plan regarding the need for additional peak-
demand withdrawals in support of the reclaimed water system.
Recommendation: Revise the Irrigation Quality Water Master Plan to address
the planned capital improvements associated with a fully utilized reclaimed water
system addressing the highest use of reclaimed water to meet the County's
future needs.
3. Comment FGUA's existing facilities (Tables 4-14 and 4-15) and proposed
projects (Table 8-3) differ from the information in the Distric:fs approved
altemative water supply grant. The grant proposal lists existing facilities and
projects GG012 and GG015.
Recommenda.tion: Confirm that project elements have not changed, and revise
Tables 4-14 end 4-15 as appropriate.
4
Agenda Item No. 178
February 24,2009
Page 33 of 420
COLLIER COUNTY GOVERNMENT
Community Development & Environmental Services Division
(()rnprch(,llsi\ e PI:Jl1lling Department- ~R(J(I '\( 'nh Hdr..;cshoc Dri\'c' '\.J:\rks. FhwidCl 3~ I 04
Florida Department of Community Affairs
Mike McDaniel, Chief
Office of Comprehensive Planning
2555 Shumard Oaks Blvd.
Tallahassee, Florida 32399-2100
RE: Adoption of Proposed 2007 Growth Management Plan Amendment, adding the 10-Year
Water Supply Facilities Work Plan by reference into the Potable Water Sub-Element of
the Public Facilities Element, as required by Section 163.3177(6)(c), Florida Statutes.
Dear Mr. McDaniel:
The Collier County Comprehensive Planning Department has reviewed the ORC Report that
was generated by your office with respect to the proposed comprehensive plan amendment,
DCA No. 07RWSP1. In response to this Report, the Collier County Comprehensive Planning
Department has prepared the attached response document and has revised its proposed 10-
Year Water Facilities Work Plan.
Many of the objections in the ORC report pertain to the need for Collier County Water-Sewer
District (CCWSD) to include alternative water supply sources in the County's 10-Year Water
Supply Facilities Work Plan (plan), as the use of alternative water supply sources is
recommended by South Florida Water Management District in the Lower West Coast Water
Supply Plan. Consequently. in the revised Plan. the CCWSD has included all of the alternative
water supply projects that it has developed since the early 1990's and plans to continue to
develop over the next 10 years.
CCWSD strives to use alternative water sources whenever feasible, and is proud to be one of
the leading County public utilities that have adopted alternative water supplies as a way of life
and is considered a leader in alternative water supplies in the State of Florida.
The following excerpt table illustrates the sheer volume of water that is generated by alternative
water supply projects as compared to traditional freshwater projects. As shown in the table on
the following page, CCWSD is currently capable of delivering up to 68.1 MGD of alternative
water supply to its customers compared to only 24 MGD from traditional water supplies.
Based on the projects identified in the revised 10-Year Water Supply Facilities Work Plan. by
2018. CCWSD projects to generate a ratio of 84.35 MGD of alternative water supply and only
25.25 MGD from traditional sources.
Phone (239) 403-2400
Fax (239) 213-2946
www.colliergov.net
Agenda item No. 178
February 24, 2009
Page 34 of 420
Facility Name Year Alternative AWS Design Traditional
Online Water Capacity Design Capacity
Supply (MGD) (MGD)
Project
Water Treatment Facilities
NCRWTP MF Online No 0.0 12.0
NCRWTP LPRO Online Yes 8.0 0.0
SCRWTP LS Online No 0.0 12.0
SCRWTP LPRO Online Yes 20.0 0.0
NCRWTP HPRO 2011 Yes 2.0 0.0
NERWTP Phase 1 LPRO 2014 Yes 3.75 0.0
NERWTP Phase 1 Ion Exchange 2014 No 0.0 1.25
Total .. .;,,, 1...........'V..;.,,c...../ 33.75 25.25
Water Reclamation Facilities
NCWRF Online Yes 24.1 0.0
SCWRF Online Yes 16.0 0.0
NCWRF Expansion 2017 Yes 6.5 0.0
NEWRF Phase 1 2017 Yes 4.0 0.0
Total . ..'<"..' I.'~';'"" 50.6 0.0
Collier County intends to continue to maintain coordination with the various private utilities that
serve the unincorporated areas of the County to the greatest extent possible while taking into
consideration the limitations of the County's reguiatory authority allowed with respect to these
utilities.
Collier County is confident that the additional information, data and analysis address the
objections raised in the ORC Report, which include the objections raised by the South Florida
Water Management District. Should you need any additional information, please feel free to
contact our offices.
Sincerely,
Randall J. Cohen, AICP, Director
Comprehensive Planning Department
Community Development and Environmental Services Division
Collier County Government
Phone (239) 403-2400
Fax (239) 213-2946
www.colliergov.net
Agenda Item No. 17B
February 24, 2009
Page 35 of 420
RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS (DCA) OBJECTIONS
RECOMMENDATIONS AND COMMENTS (ORC) REPORT DATED NOVEMBER 30, 2007
Responses to the objections, recommendations and comments are in bold.
I. Objections
A. Consistency with the Regional Water Supply Plan: The County did not demonstrate consistency
with the South Florida Water Management District's Lower West Coast Water Supply Plan,
2005-2006 edition. The County's Work Plan acknowledges that deficits will occur in the various
water supply districts, yet plans to utilize alternative water supply sources have not been
proposed. For instance:
1. The CCWSD currently operates under a consumptive use pennit that authorizes
56.14 mgd which expires in year 2026; however, this utility incurs a supply deficit of
23.16 mgd in 2013, and 41.33 mgd in 2018, relative to the service area demand. The
County's proposal to expand its current consumptive use permit and add a new
wellfield did not include plans to utilize alternative sources of water supply that will
help the County overcome the water supply source deficits, and not rely on water
from the same traditional sources, such as the Lower Tamiami and the Mid-Hawthorn
aquifers, that are identified by the District as having limited availability and
experiencing water quality deterioration.
2. The lmmokalee Water and Sewer District (IWSD) currently operates a consumption
use permit that authorizes 3.36 mgd and expires in 2010. The water analysis for
IWSD indicated that it incurs a water supply deficit for years 2005-2018. However, it
did not provide any planning strategy such as alternative water supply projects to
demunstrate how it will meet the needs within the planning horizon.
3. The Ave Maria Utility Company (AMUC) currently operates a consumptive use
permit that authorizes 1.26 mgd and expires in June 2011. The AMUC reports a
water source deficit by 2013. AMUC did not provide any planning strategy such as
alternative water supply projects to demonstrate how it will meet the needs within the
planning horizon.
4. The Florida Governmental Utility Authority (FGUA) currently operates a
consumption use pennit that authorizes 1.92 mgd and expires in 2008. The water
analysis for FGUA indicated that it incurs a water supply deficit for years 2005-2018.
However, it did not provide any planning strategy such as altemative water supply
projects to demonstrate how it will meet the needs within the planning horizon.
5. The Orange Tree Utility Company (OTUC) currently operates a consumptive use
permit that authorizes 0.86 mgd and expires in 2009. The water analysis for OTUC
indicated that it would incur a water supply delicit by year 20J 2. However, it did not
provide any planning strategy such as alternative water supply projects to
demonstrate how it \\,'ill meet the needs within the planning horizon.
Therefore, the amendment is inconsistent with the following provisions:
Sections 373.0361(2)(a); 163.31 77(4)(a); 163.3177(6)(c); 187.201(25)(b) 5 and 7, Florida
Statutes; Rule 9J-5.011(2)(b) and (c), Florida Administrative Code.
1
Agenda Item No. 178
February 24, 2009
Page 36 of 420
Recommendation: Revise the Water Supply Work Plan to be consistent with the South Florida
Water Management's Lower West Coast Water Supply Plan, 2005-2006 edition. The sources
identified in the Work Plan must be demonstrated to have sufficient water to meet the projected
needs of the County, including the needs for all independent water districts. The Water Supply
Work Plan for the County should utilize the alternative water sources identified in the South
Florida Water Management's Lower West Coast Water Supply Plan, 2005-2006 edition, such as
the use of brackish water sources and aquifer storage and recovery.
Response to Obiection A:
Collier County is only required to coordinate with and consider the Lower
West Coast Water Supply Plan (LWCWSP) Update. It is important to note
that "consistency" with the regional water supply plan is not the legal
standard that the County is required to meet. Section 163.3167(13), Florida
Statues, which is referenced in the DCA ORC Report dated November 30,
2007, provides that:
"Each local government shall address in its comprehensive plan, as
enumerated in this chapter, the water supply sources necessary to meet
and achieve the existing and projected water use demand for the
established planning period, considering the applicable plan developed
pursuant to s. 373.0361." (emphasis added)
Section 373.0361 relates to the development of regional water supply plans
by the water management districts. Collier County believes that the plain
language of Section 163.3167(13), Florida Statutes, does not require a local
government's comprehensive plan to be consistent with the applicable
regional water supply plan, but only to consider the applicable water
supply plan.
Similarly, the prOVISions of Chapter 163, Florida Statutes regarding the
consideration of regional water supply plans in the adoption of
comprehensive plan amendments do not require the consistency, but
coordination with the South Florida Water Management District's Water
Supply Plan. The County is required to coordinate with the regional water
supply plan, but it is not required to make comprehensive plan
amendments consistent with the regional water supply plan. The
legislation is clear in that consistency under Chapter 163 is not required.
Section 163.3177(4)(a) states:
"Coordination of the local comprehensive plan with the comprehensive
plans of adjacent municipalities, the county, adjacent counties, or the
region; with the appropriate water management district's regional water
supply plans approved pursuant to s. 373.0361; with adopted rules
pertaining to designated areas of critical state concern; and with the state
comprehensive plan shall be a major objective of the local comprehensive
planning process. To that end, in the preparation of a comprehensive plan
or element thereof, and in the comprehensive plan or element as adopted,
the governing body shall include a specific policy statement indicating the
relationship of the proposed development of the area to the comprehensive
plans of adjacent municipalities, the count' I, adjacent counties, Oi the
2
Aqenda Item No. 178
- Fsbruary 24, 2009
Page 37 of 420
region and to the state comprehensive plan, as the case may require and
as such adopted plans or plans in preparation may exist." (emphasis
added)
Coordination only requires that the County include consideration of the
information in the regional water supply plan in its comprehensive
planning process. Unlike coordination, consistency would require that the
comprehensive plan be effectively regulated by the regional water supply
plan. As stated above, this is not required under any section of Florida
Statutes.
Notably, Section 163.3177(4)(a) places coordination with the water
management district's regional water supply plan in the same category of
coordination with "the comprehensive plans of adjacent municipalities, the
county, adjacent counties, or the region." Thus a local government is no
more required to adopt plan amendments that conform to the goals,
objectives and policies of the applicable regional water supply plan as it is
required to conform them with the comprehensive plans of neighboring
local governments.
Section 136.3177(6)(a) requires that the future land use plan in the
comprehensive plan "shall be based on surveys, studies, and data
regarding the area including the amount of land required to accommodate
anticipated growth... the availability of water supplies, public facilities, and
services..." However, this does not require consistency with the regional
water supply plan.
Section 163.3177(6)(c) requires that the general sanitary sewer, solid waste,
and potable water element "incorporate the alternative water supply project
or projects selected by the local government from these identified in the
regional water supply plan pursuant to s. 373.0361 (2)(a) or proposed by the
local government under s. 373.0361(7)(b)." In addition, the comprehensive
plan element must identify such alternative water supply projects and
traditional water supply projects and conservation and reuse necessary to
meet the water needs identified in section 373.0361 (2)(a) within the local
government's jurisdiction and include a work plan, covering at least a 10
year planning period, for building public, private, and regional water supply
facilities, including development of alternative water supplies, which are
identified in the elements as necessary to serve existing and new
development.
Consequently, though these prOVISions require coordination with the
regional water supply plan, they do not require the local government to
conform its plan amendments to what is suggested by the water
management district through its regional water supply plan (see attached
Memorandums from CCWSD's counsel, Exhibit 1).
3
Agenda Item No. 178
February 24, 2009
Page 38 of 420
Responses to Objection A 1:
a) "this utility incurs a supply deficit of 23.16 mgd in 2013, and 41.33 mgd in
20J8"
As shown in Table 6-1 of the revised plan submitted by Collier
County, there are no water supply deficits in CCWSD's plan to
meet future water supply needs. The deficits reported in Table 6-
1 are deficits in the permitted supply and not the amount of
available water supply. CCWSD has conducted multiple wellfield
test programs throughout the County and has determined that
there are adequate water supplies in the Lower Hawthorn Aquifer
(brackish), Hawthorn Zone 1 (brackish), and the Lower Tamiami
Aquifer (freshwater) to meet the raw water requirements of the
water treatment facilities outlined in CCWSD's portion of the
submitted plan. It should also be noted that the permit deficits
are for mostly brackish water sources.
b) "The County's proposal to expand its current consumptive use permit and add
a new well field did not include plans to utilize alternative water sources..."
As outlined in Table 5-5 of the revised plan, CCWSD plans to
construct 7 MGD of additional treatment capacity, of which 5.75
MGD will be supplied from alternative water supplies. Through
its extensive use of alternative water supplies since 1999, Collier
County has determined that to most efficiently operate its
alternative water supply (low pressure reverse osmosis (LPRO)
for brackish water) treatment equipment, it must provide a post
treatment blend of freshwater prior to distribution. Therefore,
CCWSD intends to continue pursuit of additional minimal
freshwater supplies to maximize the efficiency of its alternative
water supply program, as recommended in the LWCWSP.
It should also be noted that CCWSD has the largest reclaimed
water distribution system in South Florida, which it plans to
expand through the development of new water reclamation
facilities which are presented in the Plan. Through utilization of
this alternative water supply, Collier County has been able to
reduce demands on its potable system by approximately 15
MGD.
c) ".. .not rely on water from the same traditional sources, such as the Lower
Tamiami and Mid-Hawthorn Aquifers, that are identified by the District as
having limited availability and experiencing water quality deterioration."
As stated on page 90 of the LWCWSP, "The availability of new
supply from the freshwater aquifers in the LWC Planning Area is
limited due to resource issues, including wetland protection,
saltwater intrusion and aquifer protection criteria. Land use
changes anticipated in the region include the reduction in
agricultural acreage in Collier and lee counties, but increased
4
Auenda Item No. 178
~ February 24, 2009
Page 39 of 420
agricultural acreage in Hendry and Glades counties. These
changes, especially the reduction in agricultural lands in Lee and
Collier counties, may create opportunities for other water users
to seek new freshwater allocations. Such opportunities should
be addressed on a case-by-case basis due to the site-specific
variations that occur in aquifer confining units and other
factors. "
As stated above, CCWSD intends to continue to pursue
additional freshwater withdrawals from the Lower Tamiami
Aquifer in order to maximize utilization of it alternative water
supply program. A new subsection titled, "Pursuit of Additional
Freshwater Withdrawals" has been added to section 4.1.1 Water
Supply Permits of the Plan. The subsection identifies that
CCWSD intends to continue pursuit of additional freshwater
withdrawals and provides a justification as to why and how
CCWSD believes these withdrawals can be permitted.
CCWSD plans to continue utilization of the Mid-Hawthorn
Aquifer. This aquifer has been identified as an alternative water
supply in Collier County due to the brackish nature of the aquifer
and has only been limited in usage by the SFWMD because of a
lack of historical data. CCWSD expects to receive a full 20 year
permit for this source when the permit is renewed in 2011.
Response to Objections A.2 to A.5:
For privately held or investor owned utilities in Collier County
covered by this Plan (AMUC and OTUC), Collier County has
limited regulatory authority by which to require privately held or
investor owned utilities to provide information for
Comprehensive Planning efforts (see attached Memorandum
from the Office of the County Attorney, Exhibit 2).
For FGUA, by interlocal agreement between the parties, County
Regulatory Staff is limited to reviewing and/or approving rates,
fees and/or charges relating to the FGUA system in Collier
County. Collier County Regulatory Staff and Comprehensive
Planning staff receives an annual fiscal budget from FGUA with
their five year capital improvement plan as well as any periodic
revisions pertaining to rate making, budgeting and planning
projects.
For IWSD, Collier County Regulatory Staff has no regulatory
authority over this utility.
For OTUC, County regulatory staff has been informed by the
party responsible in charge of this utility that OTUC was granted
an additional 0.87 mgd consumptive use permit on November 11,
2004, providing for a total consumptive use of 1.73 mgd.
5
Agenda Item No. 176
February 24, 2009
Page 40 of 420
Under the Growth Management Plan (GMP) and Land
Development Code (LDC), Collier County may have the authority
to require these utilities to provide planning information related
to water supply availability in support of development orders
within the utilities' service areas. The following are excerpts
from the GMP and LDC.
Objective 3 of the Potable Water Sub-Element of the GMP states:
OBJECTIVE 3:
Pursuant to Chapter 163.3202, F.S., including any
amendments thereto, Collier County has implemented
procedures to ensure that at the time a development order is
issued, potable water facility capacity that meets or exceeds
the minimum Level of Service Standards estabiished herein is
available or will be avaiiable to serve the development under
the guidelines established for concurrency in the Capital
Improvement Element of this Plan.
Section 10.02.07. of the Land Development Code contains
requirements for the submittal for certificate of public facility
adequacy. Specifically, Section 10.02.07.A of the LDC states:
In order to ensure that adequate potable water, sanitary
sewer, solid waste, drainage, park and road public facilities are
available concurrent with when the impacts of development
occur on each public facility, Collier County shall establish the
following development review procedures to ensure that no
development orders subject to concurrency regulation are
issued unless adequate public facilities are available to serve
the proposed development.
Unfortunately, this authority would only be effective when a
developer pursues a development order within the service area
of one of these utilities and identifies the utility as its service
provider to meet the water concurrency requirement.
Information requests to each of the utilities were made by
County Regulatory Staff andlor Comprehensive Planning Staff to
those in responsible charge of each utility and the information
received was incorporated into the Plan. Each utility was given a
copy of the draft version of the Plan and allowed the opportunity
to provide comments, prior to the report being submitted to DCA.
The report submitted was provided to the responsible party in
charge of each utility.
Please see attached e-mail correspondence from Comprehensive
Planning staff and the different private utilities requesting
information and review of the data included in the 10-Year Water
Supply Facilities Work Plan in the exhibit portion of this
document. Please note that in the case of AMUC and FGUA, a
6
Aoenda 11em No. 178
o February 24, 2009
Page 41 of 420
letter from each utility's counsel indicating that no additional
future information would be provided to the Comprehensive
Planning Department without compensation. The information
included in the 10-Year Water Supply Facilities Work Plan from
AMUC and FGUA is to our knowledge the best information
available and obtained by Collier County Government's staff in
coordination with SFWMD's staff (see Exhibit 3).
B. Lack of Policies Guiding Coordination: Section ]63.3]77(4)(a), F.S. requires the coordination of
the local government comprehensive plan with Loe plans of the appropriate water management
districts regional water supply plans approved pursuant to Section 373.036], F.S. The County has
not included a policy committing to maintain consistency with the District's water supply plan.
Therefore, the amendment is inconsistent with the following provisions:
Sections 163.3177(4)(a); 163.3] 77(6)(c) & (h), F.S.; and, Rules 9J-5.011(2)(a); 9J-5.015(3)(b) &
(3)(c) II, F.A.C.
Recommendation: Revise the water supply plan, the Intergovernmental Coordination element or
the Potable Water Sub-Element to establish a policy that requires the County to maintain
consistency with the District's Water Supply Plan 2005-2006 edition. Any established policy for
coordination with the districts should identify the means hy which such coordination will be
implemented to ensure consistency.
Response to Objection B:
Please review the response to Objection A, which addresses the extent to
which Collier County must coordinate its Plan with the LWCWSP.
As stated on page 88 of the LWCWSP, "In accordance with Section
373.0361(6), Florida Statutes (F.S.), nothing contained in the water supply
component of a regional water supply plan should be construed to require
local governments, public or privately owned utilities, special districts, self-
suppliers, multijurisdictional entities and other water suppliers to select
that identified project. If the projects identified in this plan update are not
selected by a utility, the utility will need to identify another method to meet
its needs and advise the District of the alternate project(s), and a local
government will need to include such information in its 10-Year Water
Supply Facilities Work Plan."
As stated in the Objection, "Section 163.3177(4)(a), F.S. requires the
coordination of the local government comprehensive plan with the plans of
the appropriate water management district's regional water supply
plans..." However, the statute does not require the local government to be
consistent with the district's regional water supply plan. Collier County
consulted the 2005-2006 LWCWSP in preparation of its 10-Year Water
Supply Facilities Work Plan. In fact, all of the future supply projects
identified in the 10-Year Water Supply Facilities Work Plan are included in
the LWCWSP, with the exception of freshwater projects proposed by
CCWSD and AMUC. However, it should be noted that on pages 95 and 96
of the LWCWSP where the SFWMD excluded the proposed freshwater
projects for each of these utilities, the following caveat was included,
7
Agenda Item No. 178
February 24, 2009
Page 42 of 420
"Exclusion of freshwater projects from this plan update does not limit or
influence the permittability of these supply projects. Supporting studies
will be needed to determine availability of traditional sources, which are
limited by resources and other constraints."
In addition to the lack of a requirement that local government's
comprehensive plan amendments be made consistent with a water
management district's regional water supply plan, the provisions of
Chapter 373, Florida Statutes relating to the effect of regional water supply
plans explicitly provide that regional water supply plans do not require
local governments to select water supply development projects identified
in the regional water supply plan. Section 373.0361 (6), Florida Statutes
provides:
"Nothing contained in the water supply development component of a
regional water supply plan shall be construed to require local
governments, government-owned or privately owned water utilities, special
districts, self-suppliers, regional water supply authorities,
multijurisdictional water supply entities, or other water suppliers to select a
water supply development project identified in the component merely
because it is identified in the plan. Except as provided in s. 373.223(3) and
(5), the plan may not be used in the review of permits under part II unless
the plan or an applicable portion thereof has been adopted by rule.
However, this subsection does not prohibit a water management district
from employing the data or other information used to establish the plan in
reviewing permits under part II, nor does it limit the authority of the
department or governing board under part II." (emphasis added)
As also explained in Section 373.0361(6) above, regional water supply
plans may not be used as criteria for the review of water use permit
applications, unless the regional water supply plan has been adopted by
rule by the water management district
Nevertheless, the Potable Water Sub-Element (PWSE) of the Collier
County's GMP requires coordination with the SFWMD's Lower West Coast
Water Supply Plan. Specifically, Objective 1 of the PWSE states:
"The County shall locate and develop potable water supply sources to
meet the future needs of the County owned and operated systems, said
supply sources meeting the minimum Level of Service Standards
established by this Plan. The development and utilization of new
potable water supply sources and the acquisition of land necessary for
such development shall be based upon the information, guidelines and
procedures identified within the County's Ten-Year Water Supply
Facilities Work Plan (as updated annually), the Collier County Water-
Sewer Master Plan, and the Lower West Coast Water Supply Plan
prepared by the South Florida Water Management District."
In addition, Policies 1.4; 1.5; 1.6; and 1.7 of the PWSE specifically require
coordination with SFWMD's Lower West Coast Water Supply Plan (see
attached PWSE, Exhibit 4).
8
Aaenda Item No. 17B
- February 24, 2009
Page 43 of 420
C. The Collier County lO-Year Water Supply Facilities Work Plan is not accompanied by a
proposed update of the Capital Improvements Element that addressed the capital improvement
needs for potable water facilities and supplies within the short-term (five years) planning period.
Section 8 of the Water Supply Work Plan included a long list of projects related to water supply.
However, none of these improvements are proposed to be incorporated into the 5- Year Schedule
of Capital Improvements to correct the identified deficiencies and address the future water supply
needs of the County identified in the Work Plan.
Therefore, the amendment is inconsistent with the following provisions:
Sections 163.3]64(32); ]63.3177(2) & (3)(b)l; and, ]63.177(5)(a), F.S.; Rules 9J.5006(2); 9J-
5.006(3)(c)3; 9J-5.006(4); 9J-5.0]6(2)b, c, and f, FAC.
Recommendation: Revise the 5- Year Schedule of Capital Improvements to include the projects
needed to correct the deficiencies identified in the Work Plan or are projected to occur within the
next five years, including projects for the use of alternative water supply sources. All projects
included in the 5- Year Schedule of Capital Improvements have to be funded with committed
funding sources within the first three years and for years four and five, the County could use
committed or planned funding sources, and demonstrate that there is adequate funding in all the
identified sources to pay for the improvements.
Response to Objection C:
The Capital Improvements Element of the Collier County Growth
Management Plan only includes projects belonging to the CCWSD and
other County agencies. As stated above, Collier County has no authority
over the other utilities within the County to force them to participate in the
comprehensive planning process.
Based on the latest population projections from the University of Florida's
Bureau of Economic and Business Research (BEBR), CCWSD is scaling
back its capital improvements plan and deferring many projects to start
beyond the 5 year capital improvements planning window. Currently, there
are no new projects identified in the 10-Year Water Supply Facilities Work
Plan that need to be added to the 5-Year Schedule of Capital
Improvements.
Master plans and user and impact fee studies are part of a coordinated
effort approved by the BCC. As such, user rates and impact fees are
structured as committed funding sources for the Capital Improvements
Element of the Collier County Growth Management Plan.
Furthermore, as suggested by DCA, the updated 10-Year Water Supply
Facilities Work Plan is being submitted concurrently with the updated
County's CIE in order to avoid the logical inconsistencies between the
most recent data of the proposed 10-Year Water Supply Facilities Work
Plan and the County's prior financially feasible CIE adopted last January
2008. The updated CIE includes the list of projects and necessary funding
in the next 5-Year horizon to support the data in the 10-Year Water Supply
Facilities Work Plan.
9
Agenda Item No. 178
February 24,2009
Page 44 of 420
D. Lack of Data and Analysis:
Section 373.0361(2), Florida Statutes requires all local governments to provide a list of water
supply development project options, including traditional and altemative water supply project
options, from which local govemment, government-owned and privately owned utilities, regional
water supply authorities, multijurisdictional water supply entities, self-suppliers, and others may
choose for water supply development. Collier County did not comply with the State Statutes
because it did not include the water supply plans for four unincorporated areas, and at a
minimum, did not include service agreements or memoranda of understandings regarding water
supply in these areas. The areas include the following:
. An unincorporated area per inter-local agreement with the City of Naples;
. Plantation Island and Seaboard Village in Copeland served by Everglades City;
. The unincorporated area in Copeland served by Lee Cypress Water and Sewer Co-op; and;
. The unincorporated area served by the Port of the Islands Community Improved District.
Therefore, the amendment is inconsistent with the following provisions:
Sections 163.3177(6)(a); I 63.3 1 77(6)(c); 163.3177(8), F.S.; and, Rules 9J-5.005(2), F.A.C.
Recommendation: The County should revise the Work Plan to address the water supply planning
for the unincorporated areas served by other utilities. At a minimum, the County should provide
the service area agreements or memoranda of understandings, document growth projects, and
discuss how and when water service will be expanded in the future to accommodate the water
demand associated with anticipated growth in population in these areas. This infonnation is
needed in order to demonstrate that the water supply needs of these areas have been identified and
that there is a plan to provide for these areas.
Responses to Objection D:
a) An unincorporated area per inter-local agreement with the City of
Naples
The unincorporated area of Collier County served by the City of
Naples through an inter-local agreement is a substantially
developed part of the County that is not expected to experience
significant growth during the 10 year planning period of this Plan.
Therefore, CCWSD believes no additional planning efforts are
required for this area. A copy of the interlocal agreement by which
the City of Naples services this area is included in the revised Plan
(Appendix A).
b) Plantation Island and Seaboard Village in Copeland served by
Everglades City
Unlike the unincorporated area served by the City of Naples,
Plantation Island and Seaboard Village are not part of the Collier
County Water Sewer District. For this reason Collier County
contends that it is not responsible to provide planning efforts to
supply water to these communities. These areas are analogous to
the Golden Gate Estates portion of Collier County, which is served
10
Aaenda Item No. 178
~ February 24, 2009
Page 45 of 420
entirely by self-supply, for which the County is not responsible for
providing service.
c) The unincorporated area in Copeland served by Lee Cypress
Water and Sewer Co-op
Planning information for the unincorporated area in Copeland
served by the Lee Cypress Water and Sewer Co-op was not
included in the Plan, due to the relatively small nature of the
community. Based on Florida Department of Environmental
Protection (FDEP) records, the utility currently has a capacity of
80,000 gpd and a population of 145 people. Between 2008 and
2018 the population of the community is projected to grow to 167
residents. Assuming a per capita water demand of 170 gpcd, the
required utility capacity needed in 2018 would be 28,390 gpd.
Based on the projected population and assumed per capita
demand, the utility should continue to meet the needs of its
residents without expansion through the 10-year planning period.
Therefore, no additional consideration is given to this utility in the
Plan.
d) The unincorporated area served by the Port of the Islands
Community Improved District
Planning information for the unincorporated area served by the
Port of the Islands Community Improved District was not included
in the Plan, due to the relatively small nature of the community.
Based on FDEP records, the utility currently has a capacity of
435,000 gpd and a population of 501 people. Between 2008 and
2018 the population of the community is projected to grow to 738
residents. Assuming a per capita water demand of 170 gpcd, the
required utility capacity needed in 2018 would be 125,460 gpd.
Based on the projected population and assumed per capita
demand, the utility should continue to meet the needs of its
residents without expansion through the 10-year planning period.
Therefore, no additional consideration is given to this utility in the
Plan.
E. Inconsistent Projections: The County's projection of water needs is not based on population
projections that are consistent with Section 373.0361(2)(a)l., F.S.; and not based on best
available data and analysis, as required. The population projections used in the County's 10- Year
Water Supply Plan have not been coordinated with the Water Management District; as a result,
there is a huge difference between the water projections of the District and the County's
projection of future water needs (i.e., the County's water demand projections is about 40% higher
than that of the District). For water planning. under state law. the District shall consider the
University of Florida's Bureau of Economic and Business Research (BEBR) medium population
projections and "any population projection data and analysis submitted by a local government" if
the data and analysis support the local government's comprehensive plan. Also, any adjustment
of or deviation from the BEBR projections must be fully described, and the original BEBR data
must be presented along with the adjusted data. The County's 10-Year Water Supply Plan is not
supported by this information, and the County has not demonstrated coordination of its
11
Agenda Item No. 178
February 24,2009
Page 46 of 420
population projections with the District in order to ensure consistency of the 10- Year Water
Supply Plan with the District's Water Supply Plan, as required.
Therefore, the amendment is inconsistent with the following provisions:
Sections 163.3177(6)(a); 163.3177(6)(c); 163.3177(8), F.S.; Rules 9J-5.005(2), F.A.C.
Recommendation: Revise the 10-Year Water Supply Plan to utilize consistent population
projections with the South Florida Water Management District, and the population projection
must be consistent with the provisions of Section 373.0361(2)(a)I., F.S. During the EAR-based
amendment, the Department approved a population projection methodology for the County that
requires the County to use BEBR midrange plus an estimate of the seasonal population; this is the
population methodology that must be used for the 10- Year Water Supply Plan, as well as for
other facility planning activities in the County. Please coordinate the response to the ORC report
with the Water Management District.
Response to Objection E:
The population projections provided in the submittal of the Collier County
10-Year Water Supply Facilities Work Plan were taken from the County's
2006 AUIR, which did not employ a DCA approved methodology for their
calculation. As noted above, Collier County adopted its 2007 AUIR after the
submittal of the 10-Year Water Supply Facilities Work Plan to DCA in
October 2007. The newly adopted 2007 AUIR contains population
projections that are based on the DCA approved methodology of BEBR
midrange plus 20% as an estimate of seasonal population. Collier County
has resolved with DCA the remaining issues pertaining to the Capital
Improvements Element (CIE). Furthermore, at the December 11, 2007 BCC
hearing, the Board approved a compliance agreement between DCA and
Collier County with regard to the remaining outstanding issues in the CIE
and the CIE was subsequently adopted in January 2008 pursuant to that
agreement and found in compliance by DCA. Consequently, the County has
revised the proposed 10-Year Water Supply Facilities Work Plan to reflect
the new DCA approved population methodology in time for the scheduled
adoption hearings. The same population methodology was used in the CIE
that is being submitted concurrently with the 10-Year Water Supply
Facilities Work Plan.
Please review the response to Objection A, which addresses the extent to
which Collier County must coordinate its Plan with the LWCWSP.
F. Inconsistency with Comprehensive Plan: The proposed potable water level of service standards
for the Orange Tree Utility Company, the Florida Governmental Utility Authority, and the
Immokalee Water-Sewer District are not consistent with the adopted level of service standards
within the County's comprehensive plan. Policy 3.1, of the Potable Water Sub-Element, indicates
that all three independent potable water supply districts have a level of service standard of 100
gpcd; however, the Orange Tree Utility Company proposed 60 !''Pcd, the Florida Governmental
Water District proposed 173 !''Pcd, and the Immokalee Water-Sewer District proposed 182 gpcd.
The County did not include a text amendment to Policy 3.1, of the Potable Water Sub-Element to
revise the adopted level of service standards for these water districts. In addition, no data and
analysis was presented to support the changes to the level of service standard especially an
12
l\genda item No.1"TB
February 24, 2009
Page 47 of 420
analysis of how increasing the level of service standard would promote the conservation of the
water resource.
Therefore, the amendment is inconsistent with the following provisions:
Sections 163.3177(2) & (4)(a); 163.3177(8), F.S.; and Rules 9J-5.005(2), (3), (5); 9J-5.006(4)(a);
9J-5.006(2)(a), F.A.C.
Recommendation: Revise the 10-Year Water Supply Plan to be consistent with the County's
comprehensive plan by either revising Policy 3.1 of the Potable Water Sub-Element and any other
appropriate policy to change the level of service standards for the Orange Tree Utility Company,
the Florida Governmental Utility Authority, and the !mmoka!ee Water-Sewer District to those
used in the Work Plan; or change those level of service standards used in the Work Plan to be
consistent with the level of service standards that are established in Policy 3.1 of the Potable
Water Sub-Element. If the County wants to establish different level of service standards for the
independent water use districts, include the data and analysis that supports the standards and how
they promote the conservation of the water resource.
Response to Objection F:
According to Policy 3.3 of the Potable Water Sub-Element, "The Level of
Service Standards contained in Policy 3.1 are the minimum criteria for
replacement, expansion or increase in capacity of potable water supply
facilities." Further Objective 3 states, "Pursuant to Chapter 163.3202, F.S.,
including any amendments thereto, Collier County has implemented
procedures to ensure that at the time a development order is issued,
potable water facility capacity that meets or exceeds the minimum Level of
Service Standards established herein is available or will be available to
serve the development under the guidelines established for concurrency in
the Capital Improvement Element of this Plan." By selecting LOSS greater
than the LOSS identified in Policy 3.1, FGUA and IWSD are guaranteeing
that they will meet Objective 3 when development orders are brought
forward in their service areas. The 60 gpcd LOSS selected by OTUC
reflects the fact the utility only provides for the potable water needs of its
customers. Irrigation needs are met via individual wells and community
irrigation systems that are supplied by on-site lakes. In the revised Plan
the LOSS for determining future demand for OTUC was taken as 100 gpcd.
Collier County does not have the authority to force these utilities to adopt
the LOSS in Policy 3.1. Rather the LOSS are a guide by which Collier
County can determine the concurrency of future development proposed in
the service area of each utility. A copy of Collier County Ordinance 96-6, as
amended, by which private and investor owned utilities are regulated by
the Collier County Water and Wastewater Authority, is attached (see Exhibit
5).
In addition, the updated 1 O-Year Water Supply Facilities Work Plan is being
submitted concurrently with the County's updated CIE in order to provide
consistent information between the LOSS included in the 10-Year Water
Supply Facilities Work Plan and the Collier County's CIE.
13
Agenda Item No. 178
February 24, 2009
Page 48 of 420
II. Comments
A The Map that is after page 2-1 does not contain a legend, an identification, or a number. The map
should be revised to reference 2-1 and to include a legend, an identification and a page number.
Response to Comment A:
Map 2-1 was inadvertently truncated during the production process. The
revised version of the Plan includes the legend, figure number and figure
title.
B. The District commented that the reclaimed water system for the CCWSD relies on freshwater
from two permitted well fields as the backup source to meet peak demand on the reclaimed
system. The District recommended that the County revise the Irrigation Quality Master Plan to
address the planned capital improvements associated with a fully utilized reclaimed water system
addressing the highest use of reclaimed water to meet the County's future needs. The County
should address this comment by the District.
Response to Comment B:
As stated in the revised 10-Year Water Supply Facilities Work Plan, CCWSD
is currently in the process of developing an Irrigation Quality Water Master
Plan. It should be noted that once complete CCWSD will be one of the few
utilities in Florida to have an Irrigation Quality Water Master Plan. CCWSD
realized long ago the value of reclaimed water and has invested heavily in
the creation and maintenance of the largest reclaimed water system in
south Florida. CCWSD has taken several steps to address peak demands
in its reclaimed water system including development of the two
supplemental wellfields and the construction of a reclaimed water ASR.
The two supplemental wellfields have allowed CCWSD to expand the
number of reclaimed water customers it serves, while still fulfilling its
contract obligations. Once the reclaimed water ASR becomes operational,
CCWSD believes that it will help to minimize the need to utilize the
supplemental wellfields. Additional measures to address peak demand and
other operational issues will be evaluated in the development of CCWSD's
Irrigation Quality Water Master Plan. CCWSD plans to continue utilization
of the existing supplemental wellfields until such time that it can implement
the projects identified in the Irrigation Quality Water Master Plan.
C. The District commented that the Florida Governmental Utility Authority's existing facilities and
proposed projects differ from the information in the District's approved alternative water supply
grant. The District recommended that the Florida Governmental Utility Authority should confirm
that if grants GGOl2 and GGOl5 have not changed, it should revise tables 4-14 and 4-15, as
appropriate. The County should address this comment by the District.
Response to Comment C:
Projects GG012 and GG015 are included in Section 5.3 and 8.3.
14
Agenda item No. 17B
February 24,2009
Page 49 of 420
Ill. Consistency with the State Comprehensive Plan
The Department staff has identified potential inconsistency between this amendment and the State
Comprehensive Plan:
Goal (7) Water Resources, Policies (b) 4, 5, 9, 11, 13: Ensure that new development is
compatible with local and regional water supplies; protect and use natural water systems in lieu of
structural alternatives and restore modified systems; protect aquifers from depletion and
contamination through appropriate regulatory programs and through incentives; promote water
conservation as an integral part of water management prof,'fams as well as the use and reuse of
water of the lowest acceptahility quality for the purposes intended; and, identify and develop
alternative methods of wastewater treatment, disposal, and reuse of wastewater to reduce
degradation of water resources;
Goal (17) Public Facilities, (b) 1,3,4,5,6,7 and 9: Maximize the use of existing public
facilities, allocate the costs of new public facilities based on the benefits received by existing and
future residents, and develop fiscally sound and cost-effective techniques for financing public
facilities;
Goal (20) Governmental Efficiency, (b) 1: Encourage f,'feater cooperation between, among, and
within all levels of Florida government through the use of appropriate interlocal agreements and
mutual participation for mutual benefit; and
Goal (25) Plan Implementation, (a)(b) 5: Ensuring that functional plans are designed to achieve
policies and goals consistent with the state law.
Recommendation: Revise the amendments, as indicated in the objections and recommendations
of this report, in order to be consistent with the above goals and policies of the State
Comprehensive Plan.
Responses to Concerns about Consistency with the State Comprehensive Plan:
Goal (7): Collier County is committed to developing its future water supplies in a
manner that is both environmentally and economically sound. As presented in
the response to Objection A.1.c, the LWCWSP does not foreclose new freshwater
supplies. Additionally, SFWMD does not have a rule prohibiting new freshwater
supplies. As the responses in this document indicate, a majority of the comments
provided in the ORC Report are based largely on misinterpretations of the
information provided in the Plan. Collier County is confident that the responses
provided will satisfy the concerns of the DCA and SFWMD and show that Collier
County has planned properly for its future water supply needs.
Goal (17): As illustrated in the response to Objection A.1, Collier County,
specifically CCWSD, is striving to maximize the use of its existing alternative
water supply treatment facilities through the utilization of freshwater blending
before committing additional resources to new facilities. This effort to maximize
use of existing public facilities must be supported by SFWMD through water use
permitting, when utilities demonstrate the availability of additional freshwater
supplies.
15
Agenda Item No. 17B
February 24, 2009
Page 50 of 420
Based on the impact fee rate study titled, "Fiscal Year 2008 Water and Wastewater
Impact Fee Study for Collier County Water-Sewer District" submitted by Public
Resources Management Group, Inc. to the Collier County Board of County
Commissioners on June 24, 2008 and as illustrated in Figure 1 (from the study) on
the next page, CCWSD has the second highest water and sewer impact fees per
Equivalent Residential Connection (ERC) in Southwest Florida. Should CCWSD
agree to requests by the SFWMD to pursue alternative water supplies while
traditional water supplies can still be utilized with no adverse impacts to the
environment, CCWSD would have to further increase the impacts fees charged for
new connections. This would have a punitive impact on both the residents and
economy of Collier County, as additional increases to the impact fees would
hinder economic growth in the County as individuals and institutions looking to
build in Collier County would be greeted by higher fees to construct new
infrastructure.
Goal (20): Collier County employs interlocal agreements as appropriate and
feasible. In addition the Potable Water Sub Element of the GMP includes
Objectives and Policies that require coordination with the SFWMD's Lower West
Coast Water Supply Plan.
Goal (25): By incorporating the modifications and clarifications provided in this
document into the 10-Year Water Supply Facilities Work Plan, Collier County is
confident that its Plan will be functional and achieve the intent of the policies and
goals specified in the state law. Furthermore, as suggested by DCA, the County's
updated CIE is being submitted concurrently with the proposed 10-Year Water
Supply Facilities Work Plan in order to ensure consistency in data and to
demonstrate funding sources in the next 5-year planning horizon.
16
Agenda Item No. 176
February 24, 2009
Page 51 of 420
.
Collier County
lO-YearWater Supply Facilities
Work Plan
August 2008
.
Work Plan
.
Contents
Executive Summary
Section 1
1.1
1.2
1.3
Section 2
2.1
2.2
Section 3
3.1
3.2
Section 4
4,1
Agenda Item No. 178
February 24,2009
Page 52 of 420
.
Intro d ucti on
PIan Background.......,................................ ....'.., ...........,..,....,................... ...........,... .1-1
PIan Objectives..........,. ............... .....................................................,..................... ....1-1
Report Contents................. ....., ............... ,...... ....... ,... .............. ..........,... ................... .1-2
Water Service Areas
Overview of Collier County ............... .......... ......,...................................,...,............2-1
Individual Utilities and Systems ..........................,............,................,........".........2.1
2.2.1
2.2.2
2.2.3
2.2.4
2.2.5
2,2.6
2.2.7
2.2.8
2.2.9
2.2.10
Collier County ...................................,......................................... ............... 2-1
2.2.1.1 Collier County Water-Sewer District (CCWSD) .....................2-1
2.2.1.2 Goodland Water Sub-District....................................................2_3
City of Naples ........... ..........................,... .............................,.....................2-3
Everglades City...........................,.................,...... ._.........., ................. ........2-5
City of Marco Island Water and Sewer Service Areas .........................2-5
Immokalee Water and Sewer District (IWSD) ......................................2-5
Florida Governmental Utility Authority (Golden Gate City)
(FGUA).......,............................,. ............................. .............,....,.....,........... 2-6
Orange Tree Utility Company (OTUC)..................................................2_6
Ave Maria Utility Company, LLLP (AMUC) ........................................2-6
Independent Districts ................... ........,... ....,................................., ......... 2-6
2.2.9.1 Lee Cypress Water and Sewer Co-op, Inc................................2_6
2.2.9.2 Port of the Islands Community lmprovement District..........2-7
Water System Regulated by Florida Deparbnentof
Enviromnental Protection ....,......... ....................,..................................... 2-7
.
Population and Demand Projections
Countywide Projections........................ ...... .......,..............,........................ .............. 3-1
Individual Utilities...... ........,.. ............................,................ ............... ....................,.3-1
3.2.1 Collier COWlty Water-Sewer District (CCWSD)...................................3-1
3.2.2 lmmokalee Water and Sewer District (IWSD).......................................3-2
3.2.3 Florida Governmental Utility Authority (Golden Gate City)
(FGUA). ..........,..................... .........,..,. ............... .................,.......................3-3
Orange Tree Utility Company (OTUC)..................................................3_3
Ave Maria Utility Company, LLLP (AMUC) ........................................3-4
3.2.4
3.2.5
Existing Water Supply Facilities
Collier County Water-Sewer District (CCWSD) ..................................................4-1
4,1.1 Water Supply Permits ...........................................................,..... ..............4-1
4.1.2 Potable Water Facilities ..................,...............................,.........................4-3
.
.
.
Section 5
5.1
.
Agenda Item No. 176
February 24, 2009
Page 53 of 420
Table of Contents
10~ Year Wafer Supply Facilities Work Plan
4.2
4.1.2,1 Wellfields..........,.......,...,..,.....,........".........."...,....................... ..... 4-3
4.1.2.2 Water Treatment Facilities ........... .............................................. 4-3
4.1.2.3 Pumping, Storage, and Transmission.....................................4-10
4.1.3 Reclaimed Water Facilities ......... ............... ..,................ ................... .......4-12
4.1,3.1 Water Reclamation FaciJitics....................................................4_12
4.1.3.2 Reclaimed Water Pumping, Storage, and Transmission .....4-12
4.1.3.3 Supplemental Wellfields ..................................,.................,....,4-15
Immokalee Water and Sewer District {I1VSD)..........................." ........"......".....4-17
4.2.1 Water Supply Permits. .."......." .......................... ............................. ......4-17
4.2.2 Potable Water Facilities ............."...........................................................4-17
4.2.2.1 Wellfields..... ......,....,."...............".....,....,..... ...................... .........4-17
4.2.2,2 Water Treatment Facilities .......................................................4-17
4.2.2.3 Pumping, Storage. and Transmission.....................................4_19
4.2,3 Reclaimed Water Facilities ................................"...................................4_20
Florida Goverrunental Utility Authority (Golden Gate City) (pGDA) ...........4-20
4.3.1 Water Supply Permits ........... ......... ......"....... ..... ................ ............ .........4-20
4.3.2 Potable Water Facilities ......................................."................................4-20
4.3.2.1 WellfieIds...,........"...,...."...",.....",............................"................ 4-20
4.3.2.2 Water Treatmt'nt Facilities ......."............"................................4-21
4,3.2.3 Pumping, Storage, and Transmission....................................4-22
4.3.3 Reclaimed Water Facilities ....................... .."".............".........................4-22
Orange Tree Utility Company (OTUC) ...."....................."...."........................"..4-24
4.4.1 Water Supply Permits """",.. .........".".........,................,.."..........."........4-24
4.4.2 Potable Water Facilities ........." "...."."......."...."...............""."..............4-24
4.4.2.1 Wellfields.. ... ...... .."............,. ,., .......",.,.".....................................4-24
4.4.2.2 Water Treatment Facilities ..................."........"................"......4_24
4,4.2.3 Pumping, Storage, and Transmission..."........."..".................4_26
4.4.3 Reclaimed Water Facilities .........,....., ...,....,.........,.,.......... ...................... 4-26
Ave Maria Utility Company, LLLP (AMUC) "........".....................................".4-26
4.5,1 Water Supply Permits. ...,....... .................. ........,....... ............,. ........."......4-26
4.5.2 Potable Water Facilities .......................,..................,....,..........",..........,..4-27
4.5.2.1 W eIlfields ..,...............................,..,....,........................... .....,....,... 4-27
4.5.2.2 Water Treatment Facilities ................".....................................4-27
4.5.2.3 Pumping, Storage, and Transmission..................".........."..".4_27
4.5.3 Reclaimed Water Facilities ......., ..,.,...,..,.......... .........,. ,........"..............." 4-28
4.3
4.4
4.5
Planned Water Supply Facilities
Collier County Water-Sewer District (CCWSD) ...............".........".........".....".,,5-1
5.1.1 Potable Water Facilities..... ................ ............ ........".. "........"............."...,,5-1
5.1.1.1 W ellfields ........... ........." "............................................. .............5-1
5.1.1.2 Water Treatment Facilities..... .............. ....... .......... ...........,...,......5-4
5.1.1.3 Pumping, Storage, and Transmission.......................................5-4
;f
Section 6
6.1
6.2
6.3
6.4
6,5
Section 7
7.1
7.2
7.3
7.4
7.5
Section 8
8,1
8.2
Agenda Item No. 178
February 24, 2009
Page 54 of 420
Table of Contents
1().Year Water Supply Fecilities Work Plan
5.1.2 Reclaimed Water Facilities.....................................................................5_11
5.1.2.1 Water Reclamation Facrlities...................,.........................,......5_11
5.1.2.2 Reclaimed Water Pumping, Storage, and Transmission .....5-14
5.2 Immokalee Water and Sewer District (lSWD)....................................................5.16
5.2.1 Potable Water Facilities ..........................................................................5-16
5.2.1.1 We1lfields ....,. .... .......................,. .................,... .............. .......... .... 5-16
5.2.1.2 Water Treatment Facilities .......................................................5-16
5.2.2 Reclaimed Water Facilities ............................................ ......................... 5-16
5.3 Florida Governmental Utility Authority (Golden Gate City) (FGUA) ...........5-16
5.3.1 Potable Water Facilities .................................,.................................."...5-16
5.3.1.1 Wellfields..... ........ ............... on........' ............ ......... .......... ............. 5-16
5.3.1.2 Water Treatment Facilities ............................................ ...........5-21
5.3.1.3 Pumping, Storage, and Transmission.....................................5_21
5.3.2 Reclaimed Water Facilities .......,.....................,....................................... 5-21
5.4 Orange Tree Utility Company (OTUe) ...............................................................5-21
5.4.1 Potable Water Facilities ........,..,........................................................,..,..5-21
5.4.1.1 Wellfields........... .....,.......... .............,...................... .....................5-21
5.4.1.2 Water Treatmen! Facilities .......................................................5-27
5.4.2 Reclaimed Water Facilities ....................................................................5-27
5.5 Ave Maria Utility Company, LLLP (AMUC) ......................................... ........... 5-27
5.5.1 Potable Water Facilities................. ........, ............ ...................5-27
5.5.1.1 We1lfields........ ................, .....,...........................,.........................,5.27
5.5.1.2 Water Treatment Facilities ........................................................5-28
5.5.2 Reclaimed Water Facilities ...... ....................................... ........... ,....... ..... 5.28
Facilities Capacity Analysis
Collier County Water-Sewer District (CCWSD) ..................................................6-1
ImmokaIee Water and Sewer District (lWSD)......................................................6_2
Florida Governmental Utility Authority (Colden Gate City) (FGUA) .............6-3
Orange Tree Utility Company (OTVC) .................................................................6-3
Ave Maria Utility Company, LLLP (AMUC) ......................................................6-4
Conservation Regulations and Practices
Collier County Water-Sewer District (CCWSD) .................................................. 7-1
ImmokaIee Water and Sewer District (IWSD)......................................................7_3
Florida Governmental Utility Authority (Golden Gate City) (FGUA) .............7-4
Orange Tree Utility Company (OIVC) .................................................................7-5
Ave Maria Utility Company, LLLP (AMUC) ............................., ......................... 7-6
Capital Improvement Projects
rn"'_. rO....h.'^'-+cr Sewe" Diotr,',,! (CL-WS-U) 81
-........................ .......111.)' r"a...... - 1....... l'''' ...n..............................................
lmmokalee Water and Sewer District (IWSD)..................".................................8_1
ili
.
.
.
.
8.3
8.4
8.5
Appendix A
Appendix B
.
.
Agenda item ~Jo. 176
February 24, 2009
Page 55 of 420
Table of Contents
10-Year Water Supply Facilities Work Plan
Florida Governmental Utility Authority (Golden Gate City) (FGUA) .............8-1
Orange Tree Utility Company (OTUC) .................................................................8-1
Ave Maria Utility Company (AMUC)..................................................................8_1
Interlocal Agreement Between CCWSD and the City of Naples
Agreement for Potable Water Service Calusa Island Village
(Goodland Area)
iv
Figures
Agenda item No. 17B
February 24. 2009
Page 56 of 420
2-1 Water District Boundaries of Collier County....................................................... 2-2
2-2 eeWSD Potable/Reclaimed Water Composite Map.......................................... 2-4
.
4-1 Existing eeWSD Wellfields and Raw Water Transmission Mains .................. 4-4
4-2 Existing eCWSD Potable Water Treatment Facilities......................................... 4-9
4-3 Existing eCWSD Potable Water Storage Facilities............................................ 4-11
4-4 Existing CCWSD Potable Water Transmission Mains...................................... 4-13
4-5 Existing CCWSD Water Reclamation Facilities .................................................4-14
4-6 Existing CCWSD Reclaimed Water Distribution System................................. 4-16
4-7 Existing IWSD Water Supply Facilities............................................................... 4-18
4-8 Existing FGUA WellIield and Water Treatment Facility.................................. 4-21
4-9 Existing FGUA Potable Water Transmission Mains ......................................... 4-23
4-10 Existing aIDe Water Supply Facilities.............................................................. 4-25
5-1
5-2
5-3
5-4
5-5
5-6
5-7
5-8
Existing and Planned eCWSD Wellfields and Raw Water Transmission
Mains....................................... ....... ....,........... ........................... .............,.................... 5-2
Existing and Planned CCWSD Potable Water Treatment Facilities ................. 5-5
Existing and Planned CCWSD Potable Water Storage Facilities ...................... 5-8
Existing and Planned eCWSD Potable Water Transmission Mains............... 5-12
Existing and Planned CCWSD Water Reclamation Facilities.......................... 5-13
Existing and Planned IWSD Potable Water Facilities....................................... 5-18
Existing and Planned FGUA Wellfield and Potable Water Treatment
Facility...................................... ................... ........ .... .......,....,.................................... 5-20
Existing and Planned FGUA Distribution Mains.............................................. 5-25
.
.
v
Tables
.
.
3-1
3-2
3-3
34
3-5
3-6
3-7
3-8
3-9
3-10
3-11
4-1
4-2
4-3
44
4-5
4-6
4-7
4-8
4-9
.
4-10
4-11
4-12
4-13
4-14
Agenda item No. 17B
February 24,2009
Page 57 of 420
ES-1
Summary of Existing and Planned CCWSD Water Treatment and
Water Reclamation Facilities .......... ...................................................................... ES-3
Capacity Analysis for CCWSD.............................................................................ES-3
Summary of Existing and Planned ISWD Water Treatment Facilities...........ES4
Capacity Analysis for IWSD .................................................................................ES-4
Summary of Existing and Planned FGUA Water Treatment Facilities..........ES-5
Capacity Analysis for FGUA..................................................................,.,.........ES_5
Summary of Existing and Planned OTUC V','ater Treatment Facilities .......... ES-6
Capacity Analysis for OTUC ............... .................... ........,...................................E5-6
S111l1InaIy of Existing and Planned AMUC Water Treatment and Water
Reclamation Facilities ,....... ... ........ ,............. ... ....., ............ ,..,.......... ........ ............ ..,. ES-7
Capacity Analysis for AMVC.................................. ............................................ ES-7
ES-2
ES-3
ES-4
ES-5
ES-6
ES-7
ES-8
E5-9
ES-10
Collier County Peak Season Population Estimates and Projections................. 3-1
Population Projections for Areas Served by CCWSD......................................... 3-1
Project Population and Demand for Areas Served by CCWSD ........................ 3-2
Population Projections for Areas Served by IWSD ............................................. 3-2
Project Population and Demand for Areas Served by IWSO............................. 3-2
Population Projections for Areas Served by FGUA ............................................ 3-3
Project Population and Demand for Areas Served by FGUA........................... 3-3
Population Projections for Areas Served by OTUC ........................................... 3-3
Project Population and Demand for Areas Served by oruc............................ 3-4
Population ProjectiDns for Areas Served by AMUC........................................... 3-4
Project Population and Demand for Areas Served by AMUC ...........,.............. 3-5
Consumptive Use Permits Issued by SFlVMD to CCWSD ................................ 4-1
Existing CCWSD Golden Gate Tamiami Wdlfield ............................................. 4-5
Existing North Hawthorn RO Wellfjeld Summary............................................. 4-6
Existing South Hawthorn RO Wellfield Summary ............................................ 4-7
Summary of Existing CCWSD Water Treatment Facilities................................ 4-8
Summary of Existing CCWSD Water Storage Facilities .................................. 4-10
Summary of Existing Water Reclamation Facilities.......................................... 4-12
Summary of Existing CCWSD Supplemental Wells ......................................... 4-15
Consumptive Use Permits Issued by SHIlMD to the lmmokalee
Water and Sewer District ................................................ ........................ ..........,... 4-17
Summary of Existing IWSD Potable Water Wells............................................. 4-17
Summary of Existing IWSO Water Treatment Facilities .................................. 4-19
Summary of Existing IWSO Storage Facilities .................................................. 4-19
Consumptive Use Permits Issued by SFWMD to FGUA .................................4-20
Summary of Wells Operated by FGUA ............................................................. 4-20
vi
5-7
5-8
5-9.
5-10
5-11
5-12
5-13
5-14
5-15
5-16
5-17
5-18
5-19
5-20
5-21
4-15
4-16
4-17
4-18
4-19
4-20
4-21
4-22
4-23
4-24
4-25
Agenda Item No. 178
FebD8l'M:r.Ib~09
Page 58 of 420
Summary of Existing PGUC Water Treatment Facilities.................................. 4-22
Summary of Existing FGUA Storage Facilities.................................................. 4-22 .'.
Consumptive Use Perrnits Issued by SFWMD to OTUC ................................. 4-24
Summary of Wells Operated by OTUC.............................................................. 4-24
Summary of Existing OTUC Water Treatment Facilities ................................. 4-26
Summary of Existing OTUC Storage Facility..................................................... 4-26
Consumptive Use Permits Issued by SFWMD to AMUC ................................ 4-26
Summary of Wells Operated by AMUC............................................................. 4-27
Summary of Existing AMUC Water Treatment Facility............................. ...... 4-27
Summary of Existing AMUC Storage Facility ................................................... 4-27
Surrunary of Existing AMUC Water Reclamation Facility............................... 4-28
5-1
5-2
5-3
5-4
Planned NERWTP WelIfieId Phase 1 Summary.................................................. 5-1
Major Tasks RequiIed to Build Planned CCWSD Potable Water Wellfields... 5-3
Summary of Existing and Planned CCWSD Water Treatment Facilities........ 5-6
Major Tasks Required to Build Planned CCWSD Potable Water
Facilities.... .......... .....................................,...... ........................... ......................... ....... 5-7
Summary of Existing and Planned CCWSD Water Storage Facilities. ............. 5-9
Major Tasks Required to Build Planned eCWSD Potable Water
Storage Facilities................,.... ...............,................................ ...........,.................... 5-10
Summary of Existing and Planned CCPUD Water Reclamation Facilities.... 5-11
Major Tasks Required to Build Planned CCWSD Water Reclamation
Facilities ...... ..........,... ....... .... ........ ................... ............... ................................ .......... 5-15 .
Summary of Existing and Planned Reclaimed Water Storage......................... 5-14
Major Tasks Required to Build Planned CCWSD Reclaimed Water
Storage Facilities........,............................,.................... .........,............. .................... 5-17
Summary of Existing and Planned IWSD Water Treatment Facilities.. ......... 5-19
Summary of Planned FGUA WeIIs...................................................................... 5-16
Major Tasks Required to Build Planned FGUA Potable Water Wells............ 5-22
Summary of Existing and Planned FGUA Potable Water Treatment
Facilities............ ........................................................ ............................................... 5.23
Major Tasks Required to Build Planned FGUA Potable Water
Treatment Facilities.................... ........................ ...... ........ .............. ................ ...'.... 5-24
Major Tasks Required to Build Planned FGUA Reclaimed Water
Project........ .................. .......................... ...................................................,........,..... 5-26
Summary of Planned OTUC WeIIs...................................................................... 5-27
Surrunary of Existing and Planned OTVe Water Treatment Facilities.......... 5-27
Summary of Planned AMUCWells .................................................................... 5-27
Major Tasks Required to Build Planned AMVC Potable Water Wells........... 5-29
Surrunary of Existing and Planned AlvruC Potable Water Treatment
Facilities.......................,............................................,...................,.......................... 5-30
5-5
5-6
.
vii
. 5-22
5-23
6-1
6-2
6-3
6-4
6-5
6-6
8-1
8-2
8-3
8-4
8-5
.
.
Agenda item No. 178
February 24, 2009
i:'.egl1f:nlbifsl20
Major Tasks Required to Build Planned AMUC Potable Water Treatment
Facilities......,....... ...........,................. ..... .......... .................. ........... ............................ 5-31
Summary of Existing and Planned AMUC Water Reclamation Facilities ,.... 5-28
Capacity Analysis for CCWSD............................................................................... 6-1
Revised Capacity Analysis for CCWSD................................................................ 6-2
Capacity Analysis for nVSD........................,.......................................................... 6-2
Capacity Analysis for FGUA.......................................................,.......................... 6-3
Capacity Analysis for OTUC............................,..................................................... 6-3
Capacity Analysis for A.\1UC................................................................................. 6-4
CCWSD Capital Improvement Projects..............................................................., 8-2
IWSD Capital Improvement Projects .................................................................... 8-8
FGUA Capital Improvement Projects ..................................................................8-9
OTUC Capital Improvement Projects ................................................................. 8-10
AMUC Capital Improvement Projects................................................................ 8-11
viii
Agenda Item No. 17B
February 24,2009
Page 60 of 420
List of Common Acronyms .
A
AADD Annual Average Daily Demand
AADF Annual Average Daily Flow
ADD Average Daily Demand
AMUC Ave Maria Utility Company (AMUq
ASR Aquifer Storage and Recovery
AUIR Annual Update and Inventory Report
AWS Alternative Water Supply
B
BCC Board of County Commissioners
BEBR Bureau of Economic and Business Research
C
CCCPD Collier County Comprehensive PIamUng Department
CCWSD Collier County Water-Sewer District
CDES Community Development and Environmental Services .
CUP Consumption Use Permits
D
DIW Deep Injection Well
E
EAR Evaluation and Appraisal Report
ERC Equivalent Residential Connection
F
FAC Florida Administrative Code
FDEP Florida Department of Environmental Protection
FGUA Florida Government Utility Authority
I FY Fiscal Year
I
I G
I
I GMP Growth Management Plan
gpcd Gallons per Capita per Day
I gpd Gallons per Day .
I
I
I IX
I
,
i
.
H
HPRO
HZl
I
IE
IWSD
L
LDC
LH
LOSS
LPRO
LS
LT
LWCWSP
.
M
MF
MG
MGD
MS
MMDD
N
NCRWTP
NCWRF
NERWTP
NEWRF
o
OTUC
P
PBWRF
PUD
PSC
.
High Pressure Reverse Osmosis
Hawthorne Zone 1 Aquifer
Ion Exchange
Immokalee Water and Sewer District
Land Development Code
Lower Hawthorne Aquifer
Level of Service Standard
Low Pressure Reverse Osmosis
Lime Softening
Lower Tamiami Aquifer
Lower West Coast Water Supply Plan
Membrane Filtration
Million Gallon,
Million Gallons Per Day
Membrane Softening
Maximum Month Daily Demand
North County Regional Water Treatment Plant
North County Water Reclamation Facility
Northeast Regional Water Treatment Plant
Northeast Water Reclamation Facility
Orange Tree Utility Company
Pelican Bay Water Reclamation Facility
Public Utilities Di\'ision
Public Service Con'L.--mssion
Agenda item No. 178
February 24, 2009
List of Commonf'\!lglBJ1mSJf 420
x
.~-, R
RIB
RO
RWA
S
SCRWTP
SCWRF
SERWTP
SEWRF
SFWMD
U
ULDC
W
WRF
WT
WTP
Rapid lnfiltration Easin
Reverse Osmosis
Rural Water Association
South County Regional Water Treatment Plant
South County Water Reclamation Facility
Southeast Regional Water Treatment Plant
Southeast Water Reclamation Facility
South Florida Water Management District
Unified Land Development Code
Water Reclamation Facility
W ater- Table Aquifer
Water Treatment Plant
Agenda Item No. 176
List of Com1F~~OJ"f'!lI~ 2009
Page 62 of 420
.
.
xi
.
Agenda Item No. 178
February 24,2009
Page 63 of 420
.
Executive Summary
ES.l Overview
On July 12, 2006, the Governing Board of the South Florida Water Management
District (SFWMD) approved the 2005-2006 Lower West Coast Water Supply Plan
Update (LWCWSP). Under Florida law (section 163.3l77(6)(c), Florida Statutes)
Collier County must adopt amendments to its comprehensive plan within 18 months
of the SF\tVMD approval of the update. These amendments include the development
of a 10-Year Water Supply Facilities Work Plan and amendments to the Growth
Management Pian (GMP).
Under the requirement of the Florida Statutes, the 10-Year Water Supply Facilities
Work Plan for Collier County must include analysis of all water utilities in the County
not serving a specific local government. These utilities include:
. Collier County Water-Sewer District (CO-\TSD)
. Immokalee Water and Sewer District (IWSD)
. Florida Governmental Utility Authority (Golden Gate) (FGUA)
. Orange Tree Utility Company (OTUC)
.
. Ave Maria Utility Company, LLLP (AMUC)
Utilities not included in this plan are the City of Naples Utility Department, Marco
Island Utilities, and Everglades City, each of which is responsible to develop a 10-
Year Water Supply Facilities Work Plan to be included in its city's comprehensive
plan.
This 10-Year Water Supply Facilities Work Plan for Collier County has the following
objectives:
· Identify population and water demands of each utility for the planning period of
2008 to 2018.
· Present existing and planned potable and reclaimed water facilities that will be
utilized to meet demand projections,
· Identify sources of raw water needed for potable water supply to meet demands
through the year 2018.
= Identify the steps necessary to develop additional potable and reclaimed 'water
supplies and specify when they must occur and how they will be funded.
.
ES-1
Agenda Item No. 17B
I:!iiebOOlil/!';s2i;",illi/lW
Page 64 of 420
· Demonstrate that the water supply plans for each utility within the County are
feasible with respect to facility capacity to be developed and consumptive use
permit allocations required.
.
· Describe the conservation practices and regulations utilized by each utility to meet
water supply demand.
The 10- Year Water Supply Facilities Work Plan \\>ill be the framework for meeting
water supply concurrency within the unincorporated areas of Collier County and will
act in unison with the existing Growth Management Plan (GMP) and Land
Development Code (LDC) to ensure that potable water capacity isavailable prior to
the approval of any new development order. The follov.ing excerpts, taken from
GMP and LDC, reflect the position currently held by Collier County with regard to
the availability of potable water supplies.
Objective 3 of the Potable Water Sub-Element of the GMP states:
OBJECTIVE 3:
Pursuant to Chapter 163.3202, F.S., including any amendments thereto, Collier
County has implemented procedures to ensure that at the lime a development order is
issued, potable waterfadlity CI1pcuity thot meets or eueeds the minimum Level of
Seroice Stondords established herein is availoble or will be available to seroe the
development under the guidelines established for concurrency in the Capital
Improvement Element of this Plan. .
Section 10.02.07. of the Land Development Code contains requirements for the
submittal for certificate of public facility adequacy. Specifically, Section 1O.02.07.A of
the LDC states:
In order to ensure that adequate potable wafer, sanitory sewer, solid waste, drainage,
park and road public facilities are available concurrent with when the impacts of
development occur on each public facility, Collier County sholl establish the follawing
development review procedures 10 ensure that no development orders subject to
concurrency regulotion are issued unless adequate public fcuilities are available to
seroe tIre proposed develapment.
ES.2 Development of the Plan
The Collier County 10- Year Water Supply Facilities Work Plan was prepared by
Camp Dresser aIid McKee me (COM) for the Collier County Comprehensive
Planning Department. CDM is a consulting, engineering, construction, and
operations firm with a su<x:essful track record of utility-based planning and design
projects. COM is a leader in providing innovative water and wastewater services
throughout Southwest Florida and the world.
Information for the Plan was solicited from each of the utilities included. All five
utilities provided some level of information to CDM for inclusion in the Plan. Where
.
ES-Z
Agenda Item No. 17B
February 24, 2009
EXBC<PM!J~iWflj~<v.20
.
information gaps existed, information on the existing and planned facilities was
gathered from various Sources including the SFWMD LWCWSP update, SFWMD
consumptive use permits, Florida Department of Environmental Protection (FDEP)
public water supply and wastewater treatment facility permits, and the Collier
County Water Supply Facilities Work Plan, Final Report prepared by Greeley and
Hansen, LLC, April 2004.
After completion of the draft version of the Plan, copies were distributed to each of
the utilities for review and comment. Each of the utilities provided comments to their
sections of the Plan.
ES.3 Findings
The findings of the plan are summarized below for each of the utilities.
.
Collier County Water-Sewer District (CCWSD)
During the 1 O-year planning period CCWSD has plans to develop a new potable
water treatment facility and a new water reclamation facility to meet growing water
demands. Table ES.1 summarizes the treatment capacity of the existing and plarmed
potable water and water reclamation facilities for CCWSD. In addition to the
construction of these facilities, CCWSD intends to construct new wellfields, finished
water storage, and distribution lines, which are presented in detail in the plan. The
information on CCWSD is fully nested with the 2008 Water and Wastewater Master
Plan Updates, adopted by the Collier County Board of County Commissioners on
June 24, 2008.
.
E"-3
Agenda Item No. 176
Eli<awJoelJ)Silmmtjl9
Page 66 of 420
Table ES-1. Summary of Existing and Planned CCWSD Water Treatment and Water
Reclamation Facilities'
Facility Name Year Design Capacity Project Identified In
I Online (MGD) LWCWSP
Water Treatment Facilities
NCRWTP MF Online I 12.0 NJA
NCRWTP LPRO Online 8.0 N/A
SCRWTP LS Online 12.0 I N/A
SCRWTP LPRO Online 20 N/A
NCRWTP HPRO 2012 2.0 Yes
I NERWTP Phase 1 LPRO 2018 3.75 Yes
NERWTP Phase 1 Ion Exchange 2018 1.25 Yes
..
Total I 59.0
Water Reclamation Facilities
NCWRF Online 24.1 NIA
SCWRF Online 16.0 NJA
NCWRF Expansion 2017 6.5 N/A
NEWRF Phase 1 I 2017 4.0 Yes
- r ..
Total 50.6
.. ...
Information taken from the Collier County 2008 Water and Wastewater Master Plan Updates adopted
by the Collier County Board of County Commissioners on June 24. 2008.
.
Based on population projections available for the CCWSD service area, a capacity
analysis was performed looking at projected demand versus plant capacity versus.
permitted allocation. The results of ilie capacity analysis are summarized below in
Table ES-2. A discussion of the capacity analysis can be found in Section 6.1.
Table ES-2. Capacity Analvsls for CCWSD
2005 2008 2013 2018
Service Area Population 180,463 205,433 255,594 296,555
Demand Per Capita (gpcd) 170 170 170 170
Required Treatment Capacity @ 170 gpcd (MGD) 30.68 34.92 43.45 I 50.41
Available Facility Capacity (MGD) 40.00 52.00 I 54.00 59.00
Facility Capacity Surplus (Deficit) (MGD)' 9.32 17.08 10.55 8.59
Raw Water Requirement (MGD)2 I 35.39 41.05 53.76 62.66
. .. ,
Permitted Amount (MGD Annual Average)' 56.14 63.82 63.82 78.42
Permitted Surplus (Deficit) (MGD)4 20,75 22.77 10.06 I ,
15.76 i
..
Calculated by subtracting ReqUired Treatment Capacity @ 170 gpcd from Available FaCIlity Capacity.
2 Raw water requirement is the amount of raw water need to make a certain amount of finished water. II
is calcu1.ated by dividing the Required Treatment Capacity @ 170 gpcd by the efficiency of tlie treatment
~rocess.
CUP based on existing permij (11-00249-W) and allocation IncreaSes currently in process.
4 Calculated by subtracting the Raw Water Requirement from the Permitted Amount.
ES-4
.
Agenda Item No. 176
February 24. 2009
Exeop~<'liinufal;flO
.
As 1:I1e capacity analysis illustrates, CCWSD has sufficient plant capacity existing or
planned 1:I1roughout the 2018 planning horizon
CCWSD has been and continues to be a leader in alternative water supplies in Florida.
The following sections of the Plan related to CCWSD, illustrate the shear volume of
water the utility receives from A WS projects as compared to traditional freshwater
projects. As presented in 1:I1e plan, CCWSD is currently capable of delivering up to
68.1 MGD of alternative water supply, consisting of potable water from brackish
sources and reclaimed water, to its customers vs. only 24 MGD from traditional water
supplies. By 2018 1:I1e ratio will be 84.35 MGD of alternative water supply capacity to
25.25 from traditional sources. Table ES-3 summarizes 1:I1e comparison bet""een the
A WS and traditional water supply projects constructed and planned for CCWSD.
Table ES-3. Comparison of AWS and Traditional Water SUDDlv Prolects for CCWSO
' Facility Name I Year Alternative I AWS Traditional
I Online Water Design Design
Supply I Capacity Capacity
Proiect i (MGD) (MGD)
.
Water Treatment Facilities
NCRWTP MF 1 Online I No I 0.0
NCRWTP lPRO I Online I Yes 8.0
I SCRWTP lS 1 Online No , 0.0
I SCRWTP lPRO .-- Online Yes 20.0
. NCRWTP HPRO i 2012 Yes 2.0
NERWTP Phase 1lPRO 2018 Yes I 3.75
NERWTP Phase 1 Ion Exchange 2018 No --.J 0.0
Total _________ J______133.75
Water Reclamation Facilities
NCWRF
SCWRF
I Online
I Online
i Yes
Yes
124.1
116.0
NCWRF Expansion
NEWRF Phase 1
Total
_ I 2017 ,Yes
~ i Yes
C~~= _ _____
6,5
4.0
50.6
12.0
10.0
12. 0 -~
0.0
0,0
i 0.0 --i
I ;;';'1
0.0 I
0.0 _I
~~I
0,0
10.0
Immokalee Water and Sewer District (IWSD)
Table ES-4 summarizes the treatment capacity of the existing and planned potable
water facilities for IWSD.
.
Table ES-4. Summar of Existln
I Facility Name
!
I JerryV. Vv'arden WTP
r Airport WTP
Carson Road WTP
i Carson Road WTP Expansion 1
1 Carson Road \NT? Expansion 2.___
and Planned ISWD Water Treatment Facilities'
Year I Design Capacity I Project Identifiedinl
Online (MGD\ 1 LWCWSP ,
Online! 2.25 C . N/A "
Online i 1,35 I NIA
Online 1__" 0.90. i.. N/A i
2008, 1 ,1 0 -----r- No _------j
2013 1.00 ~ No
IiS-5
Agenda Item No. 178
fiei:uI.lafSilmma'l99
Page 68 of 420
I Total 1______--' 6.60 1____ _____u_ _ J
1 Information on the existing an.d planned water treatment facilities taken from the 2005-2006 lower .
West Coast Water Supply Plan Update approved by the Govemin9 board of the SFWMD on July 12,
2006.
Based on population projections available for the IW5D service area, a capacity
analysis was performed looking at projected demand versus plant capacity versus
permitted allocation. The results of the capacity analysis are summarized below in
Table ES-5. A discussion of the capacity analysis can be found in Section 6.2.
Table ES-5. CaDac:itv Analvsis for lW 0
, I I I I
I 2005 2008 2013 2018
, , I
Service Area Population 24,348 I 26,566 35,312 I 44,917
Demand Per Capita Ulpcd) 105 I 105 105 105
,
I Annual Average Daily Demand (MGD) 2.56 I 2.79 3.71 4.72
Available Facility Capacity (MGD) 4.50 5.60 5.60 6.60
Facility C<lgacity Surplus (Deficit) (MGD)' I 1.94 2.81 I 1.89 I 1.88
Raw Water Requirement (MGD)' ! 2.64 2.88 I 3.82 4.86
Permitled Amount (MGD Annual Average)O I 3.36 i 3.36 I 3.36 3.36
Permitted Surplus (Deficit) (MGDr I 0.73 I 0.49 I (0.46) (1.50)
S
. Calculated by subtracting Annual Average Dally Demand from Available Facility Capacity.
2 Raw water requirement is the amount of raw water need to make a certain amount of finished water. It
is calculated by dividing the Annual Average Daily Demand by the effidency of the treatment process.
3 CUP for 3.36 MGD annual average expires June 15, 2010.
4 Calculated by subtracting the Raw Water Requirement from the Permitted Amount.
Based on the capacity analysis, the improvements planned by the IWSD for the 10- .
year planning period are sufficient to meet the demands of the service area.
However, the allocation of the underlying CUP (ll-00013-W) does not cover the
withdrawals required to achieve the finished water demand.
Florida Governmental Utility Authority
(Golden Gate) (FGUA)
The FGUA service area is nearly built out and the utility's plans for the lO-y<>ar
planning period include projects to meet minor increases in water demand.
Table ES-6 summarizes the treatment capacity of the existing and planned potable
water facilities for FGUA.
Table ES-6. Summary of Existing and Planned FGUA Water Treatment Facllltles'
I Facility Name Year Design Capacity Projeclldentified in I
Online . (MGD) LWCWSP
I Golden Gate WTP (LS) Online 1.22 No
Online 0.87 l No ,
2009 , 025 f No
I
GOlden Gate WTP (RO) ~
Golden Gate WTP (RO)
I ~::,en Gate WTP (RO) r=2015t ~:~: 1= No J
\ Information on eXistIng and planned water treatment facmties was taken from the e:mail memo----
submitled by FGUA to the Collier County Community Development and Environmental Services on July .
15,2008.
E5-6
Agenda Item No. 178
February 24, 2009
Exec~mao/O
.
Based on population projections available for the FeU A service area, a capacity
analysis was performed looking at project demand versus plant capacity versus
permitted allocation. 1ne results of the capacity analysis are summarized below in
Table ES-7.
Table ES.7. Ca
sis for FGUA
2005 2008 2013 2018
13,642 14.224 15,704 17,339
109 109 109 109,
1.49 1.55 1.71 1.891
2.09 209 234 2591
0.60 0.54 0.63 0.70
1.77 1.91 2.17 2.46
1.92 1.92 1.92 1.92
Permitted Sur Ius Deficit MGD)4 0.15 0.01 0.25 (0.54)_
Calculated by subtracting Annual Average Daily Demand from Available Facility Capacity.
2 Raw water requirement is the amount of raw water need to make a certain amount of finished water. It
is calculated by multiplying the population by the demand per capita raw water usage.
3 CUP for 1.92 MGD annual average expires September 11,2008.
oj Calculated by subtracting the Raw Water Requirement from the Permitted Amount.
.
The improvements planned by the FGUA for the lO-year planning period are
sufficient to meet the demands of the service area. However, the allocation of the
underlying CL:P (ll-00l48-W) does not cover the withdrawals required to achieve the
finished water demand, An increase in the CUP is being applied for as part of the
permit renewal. 'The increase will cover the future withdrawals required.
Orange Tree Utility Company (OTUC)
Table ES-8 summarizes the heatment capacity of the existing and planned potable
water facilities for OTUC.
Table ES.8. Summary of Existina and Planned OTUC Water Treatment Facilities
Facility Name Year Online I' Des ign Capacity Project Identified in LWCWSP I
(MGD)
! Orange Tree WTP Online I 0.75 N/A
Orange Tree WTP 2009 I 0.75 No l
Expansion
.,-, I _.~"_.~-,..~
Total 1.50
.. .. ... ~..
. Information on eXisting and planned water treatlTl€nt faCIlities Were taken from the a-mall memo
submitted by OTUC to the Collier County Community Development and Environmental Services on
September 27,2007.
Based on population projections available for the OTUC service area, a capacirf
analysis was performed looking at project demand versus plant capacity versus
permitted allocation. The results of the capacity analysis are summarized below in
Table ES-9.
.
Table ES-9. Capacity Analysis for OTUC
ES-7
Agenda item No. 178
6etl.rtiwr'JiiMIrrilit)J9
Page 70 of 420
--
2005 2008 2012
Service Area Population 2,631 5,700 9.500
Demand Per Capita (!If!cd) 100 100 100
Annual Average Dailv Demand {MGDJ 0.26 0.57 I 0.95
Available Facililv Caoacity (MGD) 0.75 0.75 1.50
Facility Capacity Surplus (Deficit) (MGD)' O.4g I 0.18 0.55
Raw Water Requirement (MGD)' 0.34 0.73 1.22
. Permitted Amount (MGD Annual Average)' 0.86 0.86 0.86
i Permit1ed SUlJlluS (Deficit) (MGD)' 0.52 0.13 I (0.361 I
"
.
, Calculated by subtracting Annual Average Dally Demand from Avallable FaCility Capacity.
2 Raw water requirement is the amount of raw water need to make a certain amount of linished water. tt
is calculated by dividing the Annual Average Daily Demand by the efficiency of the treatment process.
3 CUP for 0.66 MGD annual average expires November 11. 2009.
, Calculated by subtracting the Raw Waler Requirement from the Permitted Amount.
Under the population projections presented, the improvements planned by the OTUC
for the 10-year planning period are sufficient to meet the demands of the service area.
The allocation of the underlying CUP (l1-00419-W) does not COver the withdrawals
required to make the finished water demanded in 2012. However, the permitted
shortfall is not a problem as OTUC is obligated to become part of the CCWSD in 2012
and CCWSD has planned for the capacity and permits necessary takeover the OTUC.
Ave Maria Utility Company, LLLP (AMUC) .
Table ES-ID summarizes the treatment capacity of the existing and planned potable
water and water reclamation facilities for AMUC.
Table ES-10. Summary of Existing and Planned AMUC Water Treatment and Water
Reclamation FacilitIes'
I Facility Name I Year I Design Capacity I Projeclldentified In
Online (MGD) , LV/eVIlSP
Water Treatment Facilities
AMUC WTP (Phase 1) Online I 1.67 Yes
AMUC WTP (Phase 2) 2010 0.83 ! No
AMUC WTP (Phase 3) 2012 H7 I No
AMUC WTP (Phase 4) 2015 0.83 No
Total ..-- ...._'-~"._,------_.~.-
- 5.00
I Water Reclamation Facilities .~-~."---~-~-.~.__._.,-
AMUC WRF (Ph!,sel) I) Online F 1.25 Yes
AMUC WRF (phase 2) ~ 2010 _ 1.25 Ves
AMUCWRF (Phase 3) ?~ 1.25 Yes
I ~MUCWRF(Phase4) J ;015 I 1.25 _J_ VGS_'_=J
I lotal I I 5.00 I"
Inlormalron On existing and planned waler and wastewater !realmen! facilities lilken from the
Prellmina'Y Design Reports for Ave Maria UUlity Company, LLLP and Florida Depanment of
Em'ironmentIlI Protection as prepared by CH2M HIli. tnc_, June 2004 and Febrttal)l2006 and
StJpplemented v~fh comment. received from AMUC in a "'lter daled September 20,2007. .
ES-8
Agenda Item No. 17B
EfabnllW:S ?4,.2Q09
""Page 9o/'6'r~0
Based on population projections available for the AMUC service area, a capacity
analysis was performed looking at project demand versus plant capacity versus
permitted allocation. The results of the capacity analysis are summarized below in
Table IS-ll. The improvements planned by the AMUC for the lO-year plarming
period are sufficient to meet the demands of the service area. However, the allocation
of the underlying CUP (1I-02298-W) does not cover the withdrawals required to
achieve the finished water demand.
.
Table ES-l1. Ca acil Anal sis for AMUC
I I 2007 2008 2013
I Service Area Population 2.924 _._3,88,!!, 14,985
I' DemandPerCa ita MGD 110 110 110
Annual Avera e Dad Demand (MGD) 0.32 0.43 1.65
I Available Facillt Ca acit MGD 1.67 1.67 4.17
i Facilit Ca aclt Sur Ius Deficit MGD 2 1.35 1.24 2.52
r Raw Water Re uirement (MGD 3 0.38 0.50 1.94
Permitted Amount (MGD Annual Avera 1.26 1.26 1.26 I
Permitted Surplus (Deficit) (MGD)5 I 0.88 I 0.76 t- (0.68)
, AMUC began service In early 2007.
2 Calculated by subtractIng Annual Average Daily Demand from Available Facility Capacity.
3 Raw water requIrement is the amount of raw water need to make a certarn amount of finished wa1er, It
is calculated by dividing the Annual Average Daily Demand by the efficiency of the treatment process.
'CUPfor 1,26 MGD annual average eXjlires June 14. 2011.
5 Calculated by subtracting the Raw Water Requirement from the Permitted Amount.
.
.
2018
27.255
110
3.00
5.00
2.00
3.53
1.26
(2.27) J
ES-9
Section 1
Introduction
Agenda item Ho. 17B
February 24. 2009
Page 72 of 420
.
1.1 Plan Background
On July 12, 2006, the Governing Board of the South Florida Water Man..gemcnt
District (SFWMD) approved the 2005-2006 Lower West Coast WaterSupply Plan
Update. Under Florida law (section 163.3 I 77(6) (c), Florida Statutes} Collier County
must adopt amendments to its compreherlsive plan vdthin 18 months of the SPWMD
approval of the update. These amendments include the development of a 10-Year
Water Supply Facilities Work Plan and amendments to the Growth Management Plan
(GMP).
Under the requirement of the Florida Statutes, the 10-Year Water Supply Facilities
Work Plan for Collier County must include analysis of all water utilities in the County
not serving a specific local government. TIlese utilities include:
. Collier County Water-Sewer District (CCWSD)
· lmmokalee Waler and Sewer District (IWSD)
· Florida Governmental Utility Authority (Golden Gate) (FGUA)
· Orange Tree Utility Company (OYVC)
.
· Ave Maria Utility Company, LLLP (AMUC)
Utilities not included in this plan are the City of Naples Utility Department, Marco
Island Utilities, and Everglades City, each of which is responsible to develop a l()"
Year Water Supply Facilities Work Plan to be included in its city's comprehensive
plan.
1.2 Plan Objectives
This 10-Year Water Supply Facilities Work Plan for Collier County has the following
objectives:
· Identify population and water demands of the County and each utility for the
planning period of 2008 to 2018.
· Present existing and planned potable and reclaimed water facilities that will be
utilized to meet demand projections.
· Identify sources of raw water needed for potable water supply to meet demands
through the year 2018.
· Identify the steps necessary to develop additional potable and reclaimed water .
supplies and specify when they must occur and how they will be funded.
1-1
Agenda item No. 176
Februa~@lipl!C109
PagtEdlUir:tfot120
-
. Demonstrate that the water supply plans for each utility within the County are
feasible with respect to facility capacity to be developed and consumptive uSe
permit allDcations required,
. Describe the conservatiDn practices and regulations utilized by each utility to
meet water supply demand.
1.3 Report Contents
Section 2 introduces the utilities that serve Collier County and identifies their service
areas. Section 3 presents population and water demand projections for the County
and individual utilities for the planning period out to 2018. Section 4 sununarizes the
existing potable water supply system including fresh and brackish water wellfields,
raw water transmission systems, and water treatment plants (WTPs) and reclaimed
water systems (where applicable) for each utility. Section 5 summarizes the planned
potable and reclaimed water systems for each of the utilities out to 2018. Section 6
presents an analysis of the ability of each utility to meet projected demands during
the planning period. Section 7 summarizes current and planned conservation
practices and regulations that will be utilized to meet demands. Section 8 summarizes
the capital improvement plan for each of the utilities,
-
I-
1-2
Section 2
Water Service Areas
Agenda item No. 17B
February 24. 2009
Page 74 of 420
2.1 Overview of Collier County
Collier County is served by four Public S.,ctor Water Systems, including the County,
the City of Naples, Everglades City, and thc City of Marco Island. The County is
further subdivided into the Collier County Water-Sewer District (Ca'\'SD) and the
Goodland Water Sub-District. The boundaries of tile CC\-VSD, City of Naples,
Everglades City, the City of Marco Island,. and the Goodland Water Sub.District are
shown in Figure 2-1.
In addition to the Public Sector Water Systems, Collier County is served by four Non-
Public Sector Water Systems including the Immokalee Water and Sewer District
(lWSD), the Florida Governmental Utility Authority (Golden Gate) (FGUA), the
Orange Tree Utility Company (OTUC), and the Ave Maria Utility Company (AMUC).
The boundaries of these systems are also presented in Figure 2-1. There are also two
Private Sector Water Systems which include the Lee Cypress Water and Sewer Co-Op,
Inc. and the Port of the Islands Community Improvement District, along with
nUmerous small capacity water systems that are regulated by the Florida Department
of Environmental Protection (FDEP).
2.2 Individual Utilities and Systems
2.2.1 Collier County
2.2.1.1 Collier County Water-Sewer District (CCWSD)
The CCWSD encompasses approximately 240 square mil",,'>. This area is hounded on
the North by Lee County, on the south by the City of lIJarco Island service area, on the
west by the City of Naples service area and the GulI of Mexicl>, and on the east by the
Urban Planning Boundary. The CCWSD was approvl'd by referendum l:.'t 1969 and
validated by the State Legislature in 1978 by Special Act, Chapter 78-489, Laws of
Florida. In 1988, the legislature approved a supplement to the Special Act, which
included revisions to the District boundaries. This action significantly increased the
size of the District to its current size of approximately 240 square miles. It also
specifically excluded areas of the City of Naples, Marco Shores, Marco Island, and the
FGUA. There is one portion of the CCWSD service area that is not served by CCWSD,
that being approximately 17 square miles of unincorporated area contiguous to the
City of Naples, shown as green hatch on Figure 2-1. As this area is a substantially
developed part of the. County, with minimal growth expected during the la-year
planning period, no plans for supplying additional water to this area are included in
this Plan. T'f1e urigina1 interiocal agreement by which the City of Naples serves this
area was enacted on October 16, 1977. A copy of the most recent version of the
interlocaI agreement is provided in Appendix A.
The Water-Sewer District Boundary Was established by a Special Act, Approved by
the Governor on June 26, 2003, and adopted as Chapter 2003-353, Laws of Florida. The
2-1
.
.
.
Agenda item No. 176
February 24,2009
Page 75 of 420
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Agenda Item No. 17B
February 24.2009
PagE6il6tioh4l20
Water Service Areas
..
Rural Fringe Areas were incorporated within the CCWSD when the Board of County
Commissioners approved Resolution 2003-296 on September 17, 2003. From the
adoption date forward, the County is responsible for providing water and sewer
service in the Rural Fringe, which is approximately 38 square miles in area.
However, service in these areas is according to the following policy:
" Any development occurring within the Rural Fringe within the revised Collier
County Water-Sewer District Boundary will be customers of the County. Should the
County not be in a position to supply potable water to the project and/ or receive t."e
project's wastewater at the time development commences, the PUD Developer, at his
expense, will install and operate water and/ or wastewater interim facilities adequate
to meet all requirements of the appropriate regulatory agencies. These developments
may receive water and wastewater services from another centralized service area
provider until the County is in a position to provide service. However, these
developments and the required interlocal agreement to erulct this interim service will
be reviewed on a case-by-;:ase basis. Non-centralized interim service such as potable
water supply wells and septic systems are allowable interim facilities."
....,
Several areas are included in the planning areas that lie outside the existing District
boundaries. These areas include the OTUC service area, the FGUA service area, and
potentially other partially developed areas in Golden Gate Estates within the CCWSD.
The OTUC is obligated to become part of the CCWSD in 2012.
A composite map, provided as Figure 2-2, showing the existing CCWSD potable and
reclaimed water distribution systems, illustrates the actual area of the water-sewer
district currently being served.
In addition to interconnections with the Goodland Water Sub-District and Marco
Shores by which CCWSD supplies water on a bulk basis, CCWSD also maintains
~'1llergency interconneclll with the City of Naples and the City of Marco Island,
CCWSD al~o plans to construct an emergency interconnect with Bonita Springs
Utilities. As the interconnects are for emergency purposes only and are not intend for
bulk tTansfer, CO'\'SD does not dedicate any portion of it water supply capacity to
serving these interconnections. Should CCWSD, at a future date, enter into an
agreement with any additional entity to provide finished water, it will incorporate the
amount of water provided to ~aid entity into its planning documents.
~
2.2.1,2 Goodland Water Sub-District
The ~mallest of the County's districts is the Goodland Water Sub-District. Goodland is
an island community, roughly one-quarter of a square mile in area, and is located off
SR-92 about two miles east of Marco Island. TIUs district was established by
referendum in 1975. Potable water for the Goodland Water System is purchased from
the City of Marco Island. A copy of the interlocal agreement by which the City of
Marco Island serve the Goodland Water System is provided in Appendix B. Collier
County maintains pumping, di~tribution and storage facilities in the Goodland Water
2.3
Agenda item No. 178
Februar)Sedtio/jJ~9
Wale~iiiEi' M,1Ii/0
Sub-District. The Goodland Water Sub-District serves the community of Goodland as
well as Key Marco. ...
2.2.2 City of Naples
The City of Naples is another public sector provider of water service in Collier
County. In addition to its corporate area, the City also serves approximately 17
square rniles of unincorporated area contiguous to the City limits per an interlocal
agreement with Collier County. There are approximately 5,900 service connections in
the unincorporated area with an average daily demand of 2.20 MGD. These
connections are not accounted for in CCWSD's population and water supply demand
projections. The City allocates 38 percent of its system capacity to serve this
unincorporated area. As the tmincorpotated area served by the City of Naples is
essentially built-out, minimal additional demand on the City's system is projected for
the future.
The enabling legislation, under which the City established its water service area
boundary, is Chapter 180, F.5., Municipal Public
(
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Agenda Item No. 17B
February 24, 2009
Page 78 of 420
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IlDiFlEELEY ANO HANSEN
FIGURE 2-2
COLLIER COUNTY 10-YEAR WATER SUPPLY FACILTIES WORK PLAN
CCWSD POTABLE/RECLAIMED WATER SYSTEM COMPOSITE MAP
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"r.aMliltP
....HIt ,,*-,,!N!l"
N{)'J[:
WJN$ SI-IOWN ~~ GENEROl.lT
12~ OR GRE,tJ!f1I fI" J.lolD Ie"
""'-INS SHOlWN fOR CAlTICI.L
COOPS
Agenda Item No. 178
Februarv 24, 2009
P13q~I&,~O
Water Sefvice Areas
.
Works Law. The City's existing water supply facilities are not addressed in this 10-
Year Water Supply Facilities Work Plan, since they will be discussed in the City's
Plan. The County, however, is responsible for ensuring that the City's existing and
future facilities meet the Level of Service Standard (LOSS) of the County in the
unincorporated portion of the City's service area. The service area for the utility is
shown in Figure 2-1.
2.2.3 Everglades City
Everglades City is also a public sector provider of water service in the County. Like
Naples, Everglades City is an il1corporated community that provides water service
both within and beyond its corporate limits, The outlying unincorporated
communities served by the City include Plantation Island and Seaboard Village in
Copeland. These represent a demand of OVer 17 percent of Everglades City's system
capacity, Unlike the unincorporated area served by the City of Naples, Plantation
Island and Seaboard Village are not part of the Collier County Water Sewer District.
For this reason Collier County contends that it is not responsible to provide planning
efforts to supply water to these communities. These areas are analogous to the
Golden Gate Estates portion of Collier County, which is served entirely by self-
supply, for which the County is not responsible for providing service.
.
Everglades City's water supply facilities are not addressed in this la-Year Water
Supply Facilities Work Plan, since they will be discussed in the City's Plan. The
service area for the utility is shown in Figure 2-1.
22.4 City of Marco Island Water and Sewer Service Areas
The City of Marco Island historically had been pro\ided sen'ice from tl,e private
sector utility company, the Florida Water Services Corporation. A small portion of
Marco Island's water and sewer infrastructure hild historically been mainta.ined by
Collier County as the Marco Island Water and Sewe.r District The City of Marco
Island recently voted to purchase the system from tllt? Florida \'lrater Services
Corporation. The City now operates the approximately 10 square mile system as a
public seclor utility. On February 24, 2004, the Marco Island Water and Sewer District
was dissolved! abolished by Ordinance No. 2004-09. The infrastructure in that area
was turned over from the CCWSD to the City. The City now owns and operates the
only centralized utility services on .Marco Island. The City's existing water supply to
tlle Marco Shores area is being replaced with a bulk water supply from the CCWSD to
sendce the area. The bulk supply from the CCWSD is estimated at 165,000 gallons per
day and is accounted for in CCWSD's population and water supply demand
projections. As the Marco Shores area is built-out, no additiona.l demand on the
CCWSD system is projected for the future. The City of l'-.-1arco Island's existing water
supply facilities are not addressed in tltis 10- Year Water Supply Facilities Work Plan,
since they vlill be discussed in the City's Plan. The service area for the utility is sho\Vl1
in Figure 2-1.
.
2.2.5 Immokalee Water and Sewer District (IWSD)
2.6
Agenda Item Nq. 178
Februar)S]14tl<:!ItJe9
Watep~~ioo~~~O
The Immokalee Water and Sewer District (IWSD), located in the northeast part of
Collier County, was created by Special Act of the State Legislature following a 1978 .
referendum. Creation of an independent district provided the means for this
unincorporated community to develop its own water/sewer system, which was
necessary due to the distance from the developed coastal area of the County. The
boundaries of the District were expanded following a voter referendum in 2004 and a
change to the enabling act was signed by the Governor in June 2005 (Chapter 2005-
298). This district is approximately 107 square miles in area and has a governing
board whose members are appointed by the Governor of Florida. The boundaries of
this independent district are sho,^'tl on Figure 2-1.
2.2.6 Florida Governmental Utility Authority
(Golden Gate) (FGUA)
Florida Governmental Utility Authority (FGUA) provides water service to and
slightly beyond the limits of Golden Gate. It also owns and operates systems in othcr
Florida counties. Figure 2-1 shows the boundaries for the utility.
2.2.7 Orange Tree Utility Company (OTUC)
Orange Tree Utility Company (OTUC) received a PSC Certificate to operate in 1987
and since then OTUC has served the Orangetree Planned Unit Development which is
2,752.8 acres. In 1996, OTUC billing and customer service became regulated by
Collier County Department of Utility Franchise Regulation. In 1998, OTUC began
servicing Collier County School Board facilities which now include Corkscrew .
Elcmentary, Corkscrew Middle, and Palmetto Ridge High School. In 1999, OTVC
franchise area was expanded to include the Estates of TwinEagles with specific
connections along 33'd Ave NE, and 33'" Ave NW, which are located within CCWSD
service area. In 2006 Orange Blossom Ranch PUD was annexed into the OTUC
franchise area. The OTUC franchise area is located 9 rniles east of 1-75, as depicted in
Figure 2-1.
2.2.8 Ave Maria Utility Company, LUP (AMUC)
Ave Maria Utility Company (MillC), established in 2005, provides potable and
reclaimed water service to the Town of Ave Maria. The town is located approximately
20 miles east of Interstate 75. The AMUC service area boundary is shown in Figure 2-
1.
2.2.9 Independent Districts
2.2.9.1 Lee Cypress Water and Sewer Co-op, Inc.
The private sector utility providing water service to Copeland is the Lee Cypress
Water and Sewer Co.-op, Inc. The unincorporated community of Copeland is located
on SR-29 about 3 miles north of U5-41. Based on FDEP records, the utility currently
has a capacity of 80,000 gpd and a population of 145 people. Between 2008 and 2018
the population of the corrununity is projected to grow to 167 residents. Assuming a
per capita water demand of 170 gpcd, the required utility capacity needed in 2018 .
2-7
Agenda item No. 17B
February 24,2009
Paqe;M1iW ~20
Water Service Areas
.
would be 28,390 gpd. Based on the projected population and assumed per capita
demand, the utility should continue to meet the needs of its residents without
expansion through the 10-year planning period. Therefore, no additional
consideration is given to this utility in the Plan.
2.2.9.2 Port of the Islands Community Improvement District
Another independent district in the County is the Port of the Islands Community
Improvement District. This district encompasses approximately 1 square mile of land
contiguous to and north and south of US-41, approximately 20 miles SDUth of Naples.
This district was created in 1986 by the Collier County Board of County
Corrunissioners in response to a petition from the District's developers and was
created as a mechanism to provide water and other services to this isolated area, The
District is governed by an elected board of directors. Based on FDEP records, the
utility currently has a capacity of 435,000 gpd and a population of 501 people.
Between 2008 and 2018 the population of the community is projected to grow to 738
residents. Assuming a per capita water demand of 170 gpcd, the required utility
capacity needed in 2018 would be 125,460 gpd. Based on the projected population
and assumed per capita demand, the utility should continue to meet the needs of its
residents without expansion through the lO-year planning period. Therefore, no
additional consideration is given to this utility in the Plan.
.
2.2.10 Water Systems Regulated by Florida Department of
Environmental Protection
The following is a summary of private sector water systems operating within Collier
County, but regulated by the FDEP due to very small capacities. These systems
primarily serve individual establishments, such as churdles, stores, or golfing
communities. The list was developed from the PDEP drinking water database.
· Big Cypress Wilderness Institute
. Bonita Bay East Golf Club
. Bonita Bay East Maintenance
. Bonita Bay East Sabal Rest #1
· Bonita Bay East Sabal Rest #2
. Center Point Community Church
. Children's House
.
. Corkscrew Swamp Sanctuary
. E's Country Store
· Everglades Shores/ Big Cypress Preserve
· Golden Gate Assembly Of God
· Golden Gate Library
2-8
Agenda Item No. 17B
FebruarJsll~ti.;w~9
WatePaEO'Vi~AM~O
. Hakan Services, Inc.
. Harley Davidson Motor Company
. Hideout Golf Club System
. 1-75 Rest Stop & Recreational Area
. Monument Lake Campground
. Naples Bingo Palace Golden Gate Parkway
. Naples Golf Center
. Oasis Ranger Station
. Porky's Last Stand BBQ
. Randall Center
.
· Southwest Florida Research Education Center
. Sandy Ridge Labor Camp
. SunniIand Country Store
. Syngenta Seeds, Inc.
. Temple Bethel
. Trail Lakes Campground
. Trees Camp WTP
. Unity Faith Missionary Baptist
. VFW-Golden Gate Post 7721
.
.
2-9
Agenda Item No. 17B
FebrUary~, 2~.
. Paae 1:if''-rLV"'
Population and Demana rojections
.
Section 3
Population and Demand Projections
Sources of information utilized to develop the included population and demand
projections are historical population gTOwth, Collier County Comprehensive Planning
Department (CCCPD) forecasts based on population projections provided by the
Florida Bureau of Economic and Business Research (BEBR), information from water
use pennits, and iniormation provided by the individual water supply utilities, such
as Master Plans. Popuiation projections through 2018 are included in the following
sub-sections.
3.1 Countywide Projections
CCCPD is responsible for preparing countywide population projections. The general
methodology is set forth in Policy 1.2 of the Capital Improvements Element and
Policy 4.8 of the Future Land Use Element.
.
The basis for countywide population projections is the University of Florida's Bureau
of Economic and Business Research (BEBR) [perrrument] population projections. The
BEBR projections are presented, as of April 1 (Census year), in three ranges _ low,
medium and high, for all counties in the state and in 5-year increments (presently
2010,2015, 2020,2025,2030,2035). CCCPD uses the medium range and does not
modify the BEBI, countywide projection figures. BEBR does not provide sub-county
projections. The following summarizes the methodology employed by CCCPD in
projecting the countywide and peak season population.
For the in-between years (e.g. 2011,2012,2013,2014), CCCPD applies the growth rate
for each 5-year increment (e.g. 2010-2015) using a logarithmic formula.
The three incorporated cities within the County provide population projections or
CCCPD prepares them. TIle incorporated area population is subtracted from the
BEBR countywide population figures - and county-derived in-between years _ to yield
the unincorporated area population [referred to as BEBR unincorporated population].
.
CCCPD prepares population estimates for eaeh TAZ (traffic analysis zone) using
Census year dwelling unit CO, (certificate of occupancy) data. For each T AZ, the
number of dwelling units by type (single family, multi-family) is multiplied by the
ratio of persons per total dwelling unit (total population by type divided by the total
number of dwelling units by same unit type) by type, per the 2000 Census, to derive
the population by dwelling unit type for that T AZ. The resultant population by
dwelling unit type is combined to yield the total population for that TAZ. TAZ
population i. then aggregated into the needed geography, e.g. Collier County Water-
Sewer District, to yield that geography's population [referred to as e.O. or in-house
population].
3-1
Agenda item No. 178
February 24,2009
Page 84 of 420
The T AZ population for all T AZs in the unincorporated area is summed to yield the
unincorporated area [in-house] population.
The in-house population of a desued geography within the unincorporated area is
divided by the in-house population of the total unincorporated area to derive a ratio.
This in-house population ratio is then applied to the BEBR unincorporated population
to derive that geography's BEBR population. For example, if the in-house population
for XYZ Water District is 20,000 and the in-hou~'e population for the unincorporated
area is 200,000, then the ratio is .10 (20,000;:mo,oOO). If the BEBR unincorpl'1rated
population is 210,000, then applying the ratio yields a BEER population of 21,000 for
the XYZ Water District (210,000 X .10). [Note: there is always some discrepancy
between BEBR population figures and County in-house population figures due to use
of different methodologies; the County uses e.O. data as explained above whereas
BEBR uses building permit issuance data and active electric customer data.]
.
Once BEBR population is derived for a given geography, it is then converted to fiscal
year population (October I). Since October is half-way between two April 1 figures,
the difference of two successive A prill figures is divided by 2 then that figure is
added to the first April 1 figure. For example, if April 1, 2011 population is 900 and
April 1, 2012 population is 950, then October 1, 2011 population is 925 (950-900 =50;
50;2=25; 25+900=925),
To derive peak season population, the October 1 population is increased by t,,'enty
percent (20%). For example, if the October 1 population is 925, then multiply that by
.20 and add that to the 925 (925 X .20 = 185; 185+925=1,110). TI1e peak season .
population is set forth in the County's GMP CIE Policy 1.2, and was received as a
professionally accepted methodology as part _of the EAR based GMP amendments
adopted on January 29, 2008.
Table 3-1 shows the projected population for Collier County for the la-year planning
period of this plan. The population projections are for peak season, which is the basis
for planl'ling and sizing of facilities.
Table 3-1. Collier CounJll.Peak Season Population Estimates and Projections
Year 2005 2008 2013 2018
Countywide 1,2 386,668 412,499 467,820 528,046
Estmates and projections are taken ITOm the CCCPD populallon estimates and projections daled June
11,2008.
2 The countywide population projections include the entire unincu'Poratedarea of the county ((he
unincorporated areas covered in this 10-Year Water Supply Facilities Work Plan and the remaining
unincorporated .rea not encompassed by this Plan). as well as the Incorporated cJUes of Naplas, Marw
Island and Everglades City. Therefore, the population projections in Tabla 3., are not equal to the sum
of the projectons for the frve utilities covered In the Plan,
The population and dema..'1d projections for each of the five utilities serving
unincorporated Collier County are presented in Section 3.2.
.
3-2
Agenda Item No. 178
February 24, 2009
Page 85 of 420
.
3.2 Individual Utilities
3.2.1 Collier County Water-Sewer District (CCWSD)
Table 3-2 shows the projected populations for the areas served and to be served
within the existing CCWSD servke area. The populations are shown in 5-year
increments, through 2018. The total population projections include the populations in
the Rural Fringe Areas, which were incorporated into the CCWSD in 2003 as
described in Section 2.2.1.1, and the Orange Tree Area which is obligated to become
part of CCWSD in 2012.
T bl 3 2 P
I tJ P . ti
f A
S
d b CCWSD
a e . . opu a on rOJse ons or reas ervs y
i Year 2005 , 2008 2013 2018
l Peak Served Area Population (Seasonal)' 180,463 I 205,433 255,594 296,555
"
Estimates and projections ara based on the CCCPD populatIon estimates and projectIons dated June
11,2008.
The LOSS for tile CCWSD is being revised from ]85 gallons per capita per day (gped)
to 170 gpcd. The following excerpt from the 2008 Water Master Plan Update, adopted
by the Collier County Board of County Commissioners (BeC) on June 24, 2008,
explains the context in which this decision was made:
.
The average daily water demand fOr the IiIst eight years (2000-2007) is 175 gpcd. The
mnst recent three-year average is 168 gpcd, with tlte lowesf value (164) occurring in
2005.
A study titled "Evaluation of Per Capita Water Denumd and Wastewater How" was
completed in 2007. (by Greeley and Hansell) A peer review of this report by a secolld
consultant was completed in 2007.
The results of the study indicate that the factors that influence water del1li1nd in the
CC)/vSD, in order of significance, are outdoor water use, plrpuliItion, and
precipitation, Outdoor water use is inflUJ!nced primarily through regulatJJry
requirements by SFWMD restrictions. The study showed that historic outdnor water
user was most influeno;d by precipifation and secondJ1rily by outdoor temperature.
The shllly showed that there is no statistical historiml signiftmna: between the cost of
the water and water demand in the COVSD. Average Muselwld size (persons per
dwelling unit) and type of housing unit impact the water demand; MWe1,er, in the
CCWSD, these have been historically fairly consistent and this trend is expected to
continue.
.
Prior to 2002, there was unrestrictive use of potable water for irrigation. On Aplil15,
2002, the BeC imple11lEl1ted Water Imgation Ordinance No. 2002-17, which limits
irrigation to six days per week (three dnys each for odd and even-numbered addn,sses).
On Aplil 12, 2007, the Sl'Vl/MD enacted Phase JI water restrictions, whereby
watering was reduced from three days per week to two days per week. On January 15,
2008, the SFvViHD enacted Phase IIT waleI' restrictions, further reducing outdoor
3-3
Agenda Item No. 178
February 24, 2009
Page 86 of 420
watering to one day per week. SFVVMD returned to PIU/se II water restrictions on
Apri} 8, 2008.
71te impact of tire SFVWvILJ water restrictions has resulted in reduced water denU/nd.
171is is consistent with tire 2007 Per Capita Water Demand Study, which indical.ed
that outdoor water use was lhe most significant factor for water dellumd in the
CCWSD.
.
In addition, the current rate structure is set up to encourage water conseruation and
discourage high water usage. High water users pay a premium for the increased
uSllge,
'Fhe per capita water usage has declined significantly since 2000, Based on the recent
trends and changes in watrr patl.erns, it is recommended to clulnge the current LOSS
from tlU! 185 gpcd to 170 gpcd.
,-.-
While this new LOSS has not yet been adopted for the CCWSD, it is being used for
plarming purposes and will be presented for adoption in the next crn scheduled for
adoption concurrent with the adoption of the 10- Year Water Supply Facilities Work
Plan. Based on the new LOSS of 170 gpcd and the population projections presented in
Table 3-2, the demand projections for the CCWSD were developed. Table 3-3 prt'sents
the projected population and demand for the area served by CCWSD, in 5-year
increments, tlrrough 2018. Demand is provided as Required Treatment Capactt)' @ 170
gpcd in MGD. Required Treatment Capacit.}' @ 170 gpcd is a metric used by Collier
County in its arulual update and inventory report (AUIR) and is used to evaluate the
ability of CCWSD facilities to meet peak season demand. It is calculated as the peak
season population multiplied by the LOSS of 170 gpcd.
.
Table 3-3. ProJected Population and Demand for Areas Served by CCWSD
I Year 2005 2008 2013 2018
Peak Serllice Area Population (Seasonal)' 180,463 205,433 255,594 I 296,555
Demand Per Capita (gpcd) 170 170 170 170
Required Treatment Capacity@ 170 gpcd (MGD) 30.68 34.92 43.45 50.41
, Estimates and projections are based on the CCCPD population estimates and projections dated June
11,2008.
3.2.2 Immokalee Water and Sewer District (IWSD)
Table 3-4 shows the projected populations for the areas served and to be served
within the existing IWSD service area. TIle population is shown in 5-year increments,
through 2018.
Table 3-4. Population Projections for Areas Served b~ IWSD
~ 2005 2008 , ----,
Year 2013 2018
Serlled Area Population 1 24,346 26.566 35,312 44,917
, Estimates and projections are taken from the CCCPD population estimates and projections dated June .
11,2008.
3-4
AGenda 11em No. 17B
~ February 24, 2009
Page 87 of 420
.
The ISWD LOSS includes operational standards and a per capita water demand
standard of 105 gpcd. Based on the LOSS of 105 gpcd and the population projections
presented in Table 3-4, the demand projections for the IWSD were developed. Table
3-5 presents the projected served population and demand for the IWSD, in 5-year
increments, through 2018. Demand is provided as both Average Daily Demand
(AADD) in MGD and Maximum Month Daily Demand (MMDD) also in MGD.
MMDD is determined by multiplying the AADD by a peaking factor, which in this
case is 1.2.
Table 3-5. Proiect Population and Demand for Areas Served bv IWSD
I Year 2005 2008 I 2013 2018 ,
Service Area Population 1 24,348 26,566 35,312 44.917
Demand Per Capita (gpcd) 105 105 105 105
Annual Average Daily Demand (MGD) 2.56 2.79 3.71 4.72
Maximum Month Daily Demand (MGD) 3.07 3.35 4.45 5.66
Estimates and projections are taken from the CCCPD popuJatron estimates and projections dated June
11,2008.
.
.
3-5
Agenda Item I~o. 178
February 24Stilil1ilB 3
Populafion and DEBU!'JfJrJJJ3rofeMI&s
3.2.3 Florida Governmental Utility Authority
(Golden Gate) (FGUA)
Table 3-6 shows the projected populations for the areas served and to be served
within the existing FGUA service area. The population is shov<'I' in 5-year increments,
through 2018.
.
db F A
Table 3-6. Population Projections for Areas Serve GU
I Year I 2005 2008 2013 2018
L Served Area POPulatio~' I 13,642 14,224 15,704 17,339
, .
, Projections based on 2000 U.S. Census. 3.2 indIviduals per residence multiplied by ERC for actwe
corrections.
The FGUA LOSS includes operational standards and a per capita water demand
standard of 109 ~,'pcd. Based on the LOSS of 109 gpcd and the population projections
presented in Table 3-6, the demand projections for the PGUA were developed. Table
3-7 presents the projected served population and demand for the FGUA, in 5-year
increments, through 2018. Demand is provided as both AADD in MGO and MMOD
also in MGD. MMDD is determined by multiplying the AADO by a peaking factor,
which in this case is 1.27.
T I 7 p' P
f r
dO
df A
S ed b FGUA
ab e 3- . rOJect Opll a Ion an eman or reas erv ~y
I Year 2005 2008 2013 2018
Service Area Population' 13,642 14,224 15,704 17,339
..
Demand Per Capita (gpcd) 109 109 109 109
Annual Average Daily Demand (MGD) 1.49 1.55 1,71 1.89
Maximum Month Daily Demand (MGD) 1.94 1.97 2.17 2.40
. .
.
Projections based on 2000 U.S. Census. 3.2 indivIduals per reSidence multiplied by ERC for active
corrections.
3.2.4 Orange Tree Utility Company (OTUC)
Table 3-8 shows the projected populations for the areas served and to be served
vdthin the existing OTUC service area. The population is shown in 5-year increments,
through 2012 when operation of the oruc will be taken over by CCWSD.
Table 3-8. Po ulatjon Pro'sctions for Areas Served by OTUC
Year 2005 2008 2012
l Served Mea Population' I 2,631 5,700 9,500 ,
Service area populations based on existing connections and forecasted connections per developer
agreements as reported by OTUC in an e-mail memo to Collier County Commun;ty Development and
Environmental Services on September 27,2007.
3-6 .
.
Agenda item No. 17B
February 24, 2009
Page 89 of 420
The OTUC LOSS includes operational standards and a per capita water demand
standard of 100 gpcd. Based on the LOSS of 100 gpcd and the population projections
presented in Table 3-8, the demand projections for the IWSD were developed. Table
3-9 presents the projected served population and demand for the OTUC, in 5-year
increments, through 2012. Demand is provided as both AADD in MGD and MlvIDD
also in MGD. MMDD is determined by multiplying the AADD by a peaking factor,
which in this case is 1.2.
Table 3-9. Project Population and Demand for Areas Served by OTUC
I Year 2005 2008 2012
Service Area Population' 2,631 I 5,700 I 9.500
Demand Per Capita (gpcd) 100 100 100
Annual Average Daily Demand (MGD) 0.26 0.57 0.95
Maximum Month Daily Demand (MGD) 0.32 0.68 1.14
1 Service area populations based on existing connections and forecasted connections per developer
agreements as reported by OTUC in an e-mail memo to Collier County Community Development and
Environmental Services On September 27, 2007.
3.25 Ave Maria Utility Company, LLLP (AMUC)
Table 3.10 shows the projected populations for the areas served and to be served
within the existing AMUC service area. The population is shown in 5-year
increments, through 2018.
.
Table 3-10. Po ulation Pro'ectlons for Areas Served by AMUC
rYear 2007' 2008 2013 2018
I Served Area Population' 2,924 3,886 14,985 27,255
I Service area populations based on Preliminary Design Report for Wastewater Treatment Facllities~
prepared by CH2M Hill, June 2004 and supplemented with comments received from AMUC in a letter
dated September 20, 2007.
2 AMUC began service In earty 2007.
The AMUC LOSS includes operational standards and a per capita water
demand standard of 110 gpcd. Based on the LOSS of 110 gpcd and the population
projections presented in Table 3-10, the demand projections for the AMUC were
developed. Table 3-11 presents the projected served population and demand for the
AMUC, in 5-year increments, through 2018. Demand is provided as both AADD in
MGD and MMDD also in MGD. MMOD is determined by multiplying the AADD by
a peaking factor, which in tpis case is 1.2.
.
3-7
Agenda Item No. 17B
February 24SeliilO\l3
Population and oem;Jf1cf~roJeMl&'s
Table 3-11_ PrOject Population and Demand for Areas Served by AMUC
Year 2007' 2008 2013 2018
Service Area Population 1 2,924 3,886 14,985 27.255
Demand Per Capita (gpcd) 110 110 110 110
Annual Average Daily Demand (MGD) 0,32 0.43 1.65 3.00
Maximum Month Daily Demand (MGD} I 0.39 0.51 I 1.98 I 3.60
..
.
Service area populations based on Preliminary Design Report for Wastewater Treatment Facilities,
prepared by CH2M Hill. June 2004 and supplemented with comments received from AMUC in a letter
dated September 20, 2007.
2 AMUC began ser.:tce in early 2007.
.
~
,
3-8
.
.
Section 4
Existing Water Supply Facilities
,0,o8llda itern No. .1 TB
~ February 24, 2009
Page 91 of 420
4.1 Collier County Water-Sewer District (CCWSD)
4.1.1 Water Supply Permits
The SFWMD regulates withdrawals from groundwater sources in Collier County.
CCWSD currently maintains two consumptive use permits (CUPs); one for potable
water supply and one for supplemental supply of the reclaimed water system. Two
modifications of the CUP for potable water supply have been requested by CCWSD;
one to increase the allocation of freshwater to maximize usage of existing facilities and
the other to supply the planned Northeast Regional Water Treatment Plant
(NERWTP). The NERWTP and additional planned facilities within the CCWSD
system are discussed in Section 5.1. Table 4-1 provides details on the CUPs CCWSD
currently maintains and has requested.
.
Table 4-1. Consumptive Use Per'!';ls Issu"d by SFWMD 10 CCWSD
I Consumptive I Aquifer I Number of I Expiration I Annual," Average Maximum I
' Use Permil ,Permitted Date I Allocation Day Monthly I
I' 'I I, Wells (MG) I' Allocation Allocation
I '(MGD) (MG) i
1--- I L T i _ 36 ! 02/08126 J 6,868 i_-2~ N/A
I,' 11-00249-W i . HZ1_+' ~_I 02/08111 I 5,840 i. 16.00 N/A __I
. I lH , 28 i _~;v08/26 '_N/A -L N/A I N/A I
I ~ Total I 110, r 20,490 ! 56,14 ,! 1981
,- 06[)90~~'-I-L~~-T--~--r reD -or -~.803 ! "~~8-~ N/A' -
~l coT-;-ri'eoT",- I "'1 "'A __~
! -, 'I HZ1 I 4 I TBD 'I 730 ! 2.00 I N/A J
070529-12" , . , : ' ---'1' . ,
r- - L ';,J ;; ~+"D L:; ::::j ~;A,J
,- ----I~LT r-l"-1-TBo-T-2,639 -, 723 -I N/~--1
l1-DOD52-W3 L. wT----i_---.?_i__ TBD_~-_-I---1__~
... L Total _ 13 i ----.J 2,639 , _ 7 23 L_ N/A _~
L T = LerNer Tamlami LH = Lower Hawthorn HZ1 = Hawthorn Zone 1 Wi = Water Table
.
1 Application in process for modification of the consumptive use permit 11.00249-W to increase the
allocation of freshwater to maximize usage of existiriy facilities. The requested modification was
submitled On September 8, 2006.
2 Application in process for modification of the consumptive USe permilll-00249-W to supply the
~Ianned NERWTP. The requested modification was submitted on May 29. 2007.
Consumptive use permit for supplementar reclaimed water wellfie/d.
4-1
Agenda Item No. 178
Februa,rf~i~9
Existing Wat.r st'&l/t Ejl}ciIJl/~'iO
The CC\^1SD also has a permit for operation of a 1 MGD potable water ASR well near .
the Manatee Pumping Station Site.
Pursuit of Additional Freshwater Withdrawals
CCWSD has been and continues to be a leader in the development of alternative
water supplies in Florida. Starting in !he mid.1990s CCWSD realized that it could not
meet the future demands of its customers with traditional water supplies and
committed to a program of alternative water supplies !hat induded the use of
brackish groundwater and aquifer storage and recovery (ASR) for potable supply,
and reclaimed water for irrigation purposes.
Through its extensive use of alternative water supplies, Collier County has
determined that to most efficiently operate its alternative water supply (low pressu:re
reverse osmosis (LPRO) for brackish water) treatment equipment, it must provide a
post treatment blend of freshwater prior to distribution. Therefore, CCWSD intends
to continue pursuit of additional minimal freshwater supplies to maximize the
efficiency of it alternative water supply program. CCWSD's decision to pursue
additional freshwater supplies is supported by recently identified groundwater
trends. Through its rigorous groundwater monitoring program, CCWSD identified
trends in water level data from both the Lower Tamiami (L T) Aquifer and the Water
Table (WT) Aquifer (connected to surface water flows, i.e., wetlands) that indicate that
despite extended drought conditions and increased pumping from the LT Aquifer,
water levels in key indicator wells are remaining steady and in some cases increasing.
These trends suggest that additional pumping of the L T Aquifer is possible without
impacting the WT Aquifer or wetlands, which is the main concern that directed
CCWSD away from traditional sources more than a decade ago. While CCWSD ha~
identified a desire to pursue additional freshwater withdrawals from the LT Aquifer,
it remains committed to A WS and intends to continue to be a steward to this valuable
resource utilizing it only to maximize the efficiency of its existing infrastructure and
planned AWSprojects.
.
The CCWSD's intent to pursue additional minimal freshwater withdrawals from the
LT Aquifer to maximize the efficiency of existing infrastructure and planned AWS
projects is not inconsistent with the 2005-2006 LWCWSP published by the SFWMD,
which states on page 47, "Additional freshwater supplies may be available in some
portions of the L WC Planning Area, but finding permittable sites has been and will
continue to be challenging. Site-specific investigations will be needed. Opportunities
may also be created by retiring existing nonpotable uses when land uses change or
when reclaimed water is supplied, and by designing dry seas6n recharge systems that
rely on supplies of reclaimed water or surface water captured du:ring the wet season."
The 2005.2006 LWCWSP also provided the following language on page 96, specific to
the CCWSD, regarding t.l,e exclusion of freshwater projects subll'jtted by CCWSD
from LWCWSP. "Exclusion of freshwater projects from this plan update does not
limit or influence the permittability of !hese supply projects. Supporting studies will
be needed to determine availability of traditional sources, which are limited by
resources and other constraints."
.
4-2
Ag~nGa Item No.1 /8
Feb~,uar 24. 2009
~ "",Ii ~ ~2
Existing Water sii 'Fl,rJJ/I,e~ 0
.
In addition to the water level trends observed in its monitoring wells, CCWSD has
performed and is performing multiple studies to determine the viability of the LT
Aquifer for additional allocations. To date, CCWSD has developed a calibrated
groundwater model and utilized the MIKESHE model developed by the Army Corp
of Engineers for the Picayune Strand Restoration Project to determine the potential
impact of additional freshwater withdrawals on wetlands. The modeling efforts
performed to date indicate that there would be no measurable impact on w!!tlands
from the proposed additional withdrawals. CCWSD is also in the process of
constructing freshwater monitoring well clusters around the County that will provide
longer term water level data for areas of the County away from its we!!fielel..
CCWSD is confident that the modeling efforts performed to date, and its on-going
water level monitoring program, will provide the required assurances to allow the
SFWMD to increase its permitted allocation of freshwater from the LT Aquifer. For
this reason, CCWSD has based its future water supply facilities plans on an ability to
obtain a reasonable amount of freshwater to maximize the efficiency of existing
infrastructure and planned AWS projects.
.
4.1.2 Potable Water Facilities
4.1.2.1 Wellfields
Currently, the CCWSD operates three weIlfields: the Golden Gate Tanriami Well field,
the North Hawthorn Reverse Osmosis (RO) Wellfield, and the South Hawthorn RO
Wellfield. The location of each of these wellfields is illustrated in Figure 4-1. The
Nortll Hawthorn RO and South Hawthorn RO weIlfields contain wells that tap the
Hawthorn Zone 1 (HZ1) and the Lower Hawthorn (LH) aquifers, both of which ar!!
brackish in those areas of Collier County. The wellfields serve the low pressure
reverse osmosis (LPRO) treatment trains at tile North County Regional Water
Treatment Plant (NCRV\1TP) and the South County Regional Water Treatment Plant
(SCRWTP), respectively. The Golden Gate Tamianri WeIlfield contains wells that tap
the LT Aquifer, which contains freshwater. The wellfield serves the membrane
filtration (MF) equipment at the NCRWTP and the lime softening (LS) equipment at
the SCRWTP.
Tables 4-2, 4-3, and 4-4 summarize the existing wells in the Golden Gate Tamianri
Wellfield, the Nortll Hawthorn RO WeIlfield, and the South Hawthorn RO Wellfield,
respectively.
4.1.2.2 Water Treatment Facilities
The CCWSD is served by two water treatment plants (WTPs), the NCRWTP and the
SCRWTP, which are shown in Figure 4-2.
.
The NCRWTP is located on the north side of Vanderbilt Beach Road Extension east of
CR-951 in the northeastern quadrant of the service area. The plant utilizes
groundwater withdrawn from the L T, HZ1 and LH aquifers. Water from the LT
Aquifer is treated using !'vIP, while water from the HZ1 and LH aquifers are treated by
4-3
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Agenda item No. 17B
February 24,2009
Paoe 94 of 420
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L[GEND
E:Y.!STlNG RAW WATER
] TRANSMISSION MAINS
I [XiST!NC wELLS
-I
. I
CONI FIGURE 4-1
COLLIER COUNTY lO-YEAR WATER SUPPLY FACILTIES WORK PLA,N
ilG..-...YANDHANIOEN EXISTING CCWSO WELLFIElDS Ai'JD RAW WATER TRANSMISSION MAINS
Table 4-2. Exist ng D olden Gate Tamiami Wellfield
I Well Aquifer I Total Depth Depth of I Diameter Capacity
No. (It) Casing (It) (in) (gpm)
1 , LT 96 50 16_f 700
2 LT 100 50 700
16
3 LT 100 51 16 700
4 LT 102 52 16 700
5 LT 108 50 16 I 700
I 6 LT i 101 65 12 700
7 i LT 106 I 65 12 I 700
i 9 LT I 114 65 r 12 I 700
10 LT 112 I 71 12 700
11 LT 137 90 12 I 700
12 LT ~ 133 I 90 12 700
13 LT 130 64 12 I 700
14 LT I 131 65 I 12 700
15 I LT -j 130 , 64 I 12 700 I
16 LT 150 92 f 12 1 700
I -
! 17 LT I 125 76 12 1000
18 LT 126 60 I 12 I 1000
19 LT ! 128 83 12 j~
, I
[ 20 LT 131 , 83 I 12 I 1000
21 I LT 110 -i 62 12 1000
CCWS G
.
.
22 LT 101 1_~2
23 LT_I 111 I 59
24 LTI 109 ] 56
25 LT 110 65
~: ~; :H r :r-;
29 L T 125 I 72
30 L T 120 --.-J 56
,-
31 LT I 120 65
1---:32 LT 120 I 65
i 33 LT 120 I----.!_o
34 LT 120 1_ 80 ! 12
35 LT _145! ~~-_J~ 12
36 LT 1_ 125_~f-.~12
37 I LT .I 150 I 100 I 12
, Information on existing wells taken from CUP #11-00249.W.
J
I
1-
.
Agenda Item No. 17B
February 24.2009
Page 95 of 420
~
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4-5
Agenda Item No. 17B
F ebruar'iSe11:ti.;',\lG9
Existing Waler 1Ripjilry ~Cilrt~O
Table 4-3. Existing North Hawthorn RO Wellfield Summary'
Well No. Aquifer Total Depth Depth of I Diameter Capacity
(ft) Casing (fl) (in) (gpm)
I RO-1N LH I 801 705 16112' 1000
RO-2N I LH 780 734 16112' 1000
RO-3N LH I 800 720 16112' 1000
RO-4N LH 891 I 744 16112' 1000
RO-5N LH 1070 790 I 16112' 1000
I
,
RO-6N LH 975 740 16112' I 1000
RO-lN I LH I 977 775 16112' I 1000
I RO-9N LH 952 780 16112' 1000
RO-l0N LH 1011 750 I 16112' 1000
RO-11N LH 951 735 16112' 1000
RO-12N LH 891 730 16112' 1000
I RO-13N LH 925 731 16112' 1000
RO.14N lH 950 713 16112' 1000
RO-15N I LH , 957 I 737 16112' 1000
I
RO-16N LH 989 751 I 16112' 1000
I RO-17N LH 996 780 16112' 1000
RO-18N LH I 1000 I 700 16 1000
RO-19N lH 1000 700 16 1000
! RO-20N LH 1000 700 16 1000
RO-l01N I HZ1 512 397 16 350 ,
,
RO-l02N HZl 500 400 I 16 f 350
RO-l09N HZ1 475 404 16 350
RO-114N HZ1 514 412 16 350
I ..
RO-115N HZ1 500 400 16 350
RO-116N HZl 500 400 16 I 350
RO-117N HZ1 500 400 16 350
. -
RO-118N " HZ1 500 I 400 16 I 350
RO-119N I HZl I 500 400 I 16 350
, I - I
RO-120N I HZl 500 400 16 350 I
. Information on el<1sting wells taken from CUP #11-00249-W.
, 16-inch casing to 100 feet, then 12-inch casing to production casing depth.
, 16-inch casing to 150 teet, thon 12-inch casing to production casing depth.
, 16-lnch casing to 160 teet, then 12-inch casing to production casing depth.
4-6
.
.
.
.
.
.
Agenda Item No. 178
Februar;v 24, 2009
E., t S Parl@r'!!'t~I'?ff ~20
x/sling Wa af uppry racf!/rfes
T bl 4-4. E I tj S lh H wth RO W IIfi Id S
1
a e xs ny; ou a om e e ummary
Well No. Aquifer Total Depth Depth of Diameter (in) Capacity (gpm)
(ft) Casing (ft}
RO-1S HZ1 420 312 16/122 1000
RO-2S HZ1 400 292 161122 1000
RO-3S HZ1 403 293 I 16/122 1000
RO-4S HZ1 402 331 161122 1000
RO-5S HZ1 402 297 161122 1000
RO-6S HZ1 421 317 I 16/122 1000
RO-7S HZ1 I 442 328 16112" 1000
i RO-8S I LH 982 660 16/12' 1000
RO-9S I LH 682 I 630 16/12' 1000
RO-10S LH I 842 630 16/12' 1000
RO.11S I LH 963 653 16/122 1000
RO-12S HZ1 422 299 16/12' 1000
RO-13S HZ1 I 400 I 295 16/12' 1000
RO-14S ~ 422 298 161122 1000
RO-15S I HZ1 .. 402 i 295 I 16/12' 1000
,
RO-16S HZ1 420 300 16 , 1000
RO-17S HZ1 420 300 16 1000
I
RO-18S HZ1 420 300 16 1000
! RO-19S ~~ 420 j 300 16 1000
RO-20S HZ1 420 300 16 1000
I RO-21S HZ1 420 300 16 1000
RO-22S HZ1 420 300 16 1000 I
RO-23S ,
HZ1 420 300 I 16 1000
RO-24S r-- HZ1 I ~ 300 16 I 1000
RO-25S HZ1 420 300 , 16 1000 I
RO-26S HZ1 420 300 16 1000 I
RO-27S HZ1 ! 420 I 300 16 1000
.- ,
I RO-28S HZ1 420 300 16 1000
..
[RO-29S [HZ1 1 420 300
I RO-30S [ '~Z1 ! 420 I 300
1 Infannalian on exisling wells taken from CUP #11-00249-W.
"
- 16~nch casing to 120 feet, then 12-inch casing to production casing depth,
[_ ,,--t
16 I
1000
1000
j
I
~
4-7
Agenda Item No.1/'8
FebruarY~ti?p~9
Existing Water !f?UiiiJIiY'fi},6lii~O
Table 4-4. Existing South Hawthorn RO Wellfield Summary' (Continued)
Well No. Aquifer I Total Depth Depth of Diameter (in) Capacity (gpm)
(ft) Casing 1ft)
RO-31S I HZ1 420 300 16 1000
RO-32S HZ1 420 300 16 1000
-
RO-33S HZ1 420 300 1~ 1000
I
RO-34S i HZ1 420 300 16 1000
RO-35S I HZ1 I 420 I 300 I 16 I 1000 I
, I I ~
RO-36S i. HZ1 420 300 I 16 1000
RO-37S ) HZ1 420 I 300 16 1000 J
I I
RO-38S HZ1 420 300 16 1000
RO-39S i HZ1 400 300 16 1000
RO-40S LH I 1000 700 16 1000 I
I
RO-41S i HZ1 400 300 16 I 1000
I
RO.42S LH i 1000 700 16 1000
I
.
Information on eXisting welts taken from CUP #11-00249-W.
2
16-inch casing to 120 faet, then 12~nch casing to production casing depth.
LPRo. Currently, the plant is capable of producing 20 MGD of finished water; 12 .
MGD from the MF process and 8 MGD from the LPRO process.
The SCRWTP is located near the intersection of CR-951 and 1-75 about 5.5 miles south
of the NCRWfP. The plant utilizes groundwater withdrawn from the LT, HZ1 and
LH aquifers. Water from the LT Aquifer is treated using LS, while water from the
HZ1 and LH aquifers are treated by LPRO. Currently, the plant is capable of
producing 32 MGD of finished water; 12 MGD from the LS process and 20 MGD from
the LPRO process.
A summary of the existing water treatment facilities is provided in Table 4-5. In
addition to identifying the design capacity of each treatment train, the amount of raw
water required to achieve the design capacity is also provided.
Table 4-_5. Summary of Ex:isting CCWSD Water Treatment Facilities'
i Facility Name Design Raw Water Raw Water' Traditional! Alternative
Capacit (MGD) uirement' (MGD) Source
NCRWTPMF 12.00 ~ 14.12 i LT Traditional (Fresh)
NCRWTP LPRO 8.00 10.67 I LH/HZ1 I Alternative (Brackish)
SCRWTP LS 12,00 I 12.37 r LT Traditional (Fresh)
I SCRWTP LPRO 20.00 I 26.67 II LH/HZ1 Alternative (Brackish) j
I Total 52.00 I 63.82 , ! -_--l
' I nformation on existing treatment facili~es faken from the Collier County 2008 Wafer Master Plan
Update, adopted by the Collier County BGG on June 24, 2008.
<: Raw water requirement is the amount of raw water needed to make a certain amount of finished water.
It is calculated by dividing the finished water capacity by the efficiency of the treatment process.
.
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LEGEND
EXiSTING POTABLE
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F'ACILITIES
,..
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.
CDM
II OAEEUEYAIIJOHANGEN
Agenda Item No, 17B
February 24,2009
Page 99 of 420
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COLLIER COUNTY lO-YEAR WATER SUPPL Y FACIL TIES WORK PLAN
EXISTING CCWSD POTABLE WATER TREATMENT FACILITIES
Agenda Item No. 17B
February ~<l8fr.!I~~
Exlsling Watfr'!IDPJ9'Faci~,es
~
4.1.2.3 Pumping, Storage, and Transmission
The existing transmission facilities consist of transmission pipelines, water storage
tanks, an aquifer storage and recovery (ASR) system, and pumping facilities. The
storage and pumping facilities utilized by CCWSD are shown in Figure 4-3. The
pumping facilities are comprised of high service pumps located at betll water
treatment plants, four water booster pumping stations and an in-line booster pump
station. Ground storage tanks at the treatment facilities and at the booster pumping
stations provide system storage and reserve capacity to help meet tile peak hourly
demands of the system. The booster pumping stations and storage tanks are located at
the Isle of Capri, Manatee Road, and Carica Road. The CCWSD also maintains and
operates the GoodIand Water Booster Pumping Station, which is part of the Goodland
Water Sub-District. An in-line booster station is located in the northwest portion of
the system near Vanderbilt Drive. In addition to the traditional storage and pumping
facilities mentioned above, CCWSD operates a 1 MGO potable water ASR system at
the Manatee Road Pumping Station.
Potable water is stored at various strategic points in the CCWSD distribution system
to help meet diurnal peak system and fire flow demands. A summary of the existing
storage facilities is provided in Table 4-6.
b S
'~
Ta Ie 4-6. Llmmarv of EKlstnn CCWSD Water Storaae Facilities
Facility Name Tank Volume (MG) I Usable Storage Volume (MG)
NCRWTP 12.00 I 11.10
SCRWTP 14.00 I 12.40
Isle of Capri 0.25 0,20
Manatee Road PumpinQ Statiorl 2.00 1.80
I Carica Road PumpinQ Station 10,00 9.30
Manatee Road ASR' NiA -1 MGD
Svstem Total 38.25 34,80
Information on eXisting water storage facIlities taken from the COllier County 2008 Water Master Plar
Update, adopted by the Collier County BCC on June 24, 2008. '
2 Storage volume for Manatee Road ASR not included in total.
Potable water is pumped from the plants into the distribution system. The
distribution system includes water mains designated as either transmission or
distribution mains. TIle CCWSD pipelines 16 inches in diameter and larger are
generally termed transmission mains. These are typically located along arterial and
collector roadways and convey water to major demand areas. Pipelines smaller tIlan
16 inches i.n diameter are generally called distribution mains, branching off the
transmission system to supply individuiU users.
"...
4-10
.
.
"
. ,-
"
,.
Agenda Item No. 176
February 24,2009
Page 101 of 420
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COLLIER COUNTY 10-YEAR WATER SUPPLY FACIUIES WORK PLAN
EXISTING CCWSD POTABLE WATER STORAGE FACILITIES
"JOOSTER
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LEGEND
EXrST[NC F=OTA8lf
WATE~ STORAGE
F'r.,C!LITlES
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II DR!!ELEY AND HANIlSN
Agenda Item No. 17B
FebruarsJ,J 2~09
Existing Water ~J/f;r:" W;~fJfes20
..
The transmission mains and major distribution mains that serve the CCWSD are
illustrated in Figure 4-4. Overall, the CCWSD owns and maintains over 800 miles of
water transmission and distribution pipelines, up to 42 inches in diameter, with over
53,000 individual service connections.
4.1.3 Reclaimed Water Facilities
CO^lSD operates the largest reclainled water system within !:he jurisdiction of the
Souili Florida Water Management District. Currently, the system serves 28 customers
willi contractual commitments of 22.3 MGD. The majority of the existing customer
base is golf courses, residential conmmnities, environmental mitigation areas, county
parks, and roadway medians. There are more than 140 additional entities within
Collier County that have requested connection to the reclaimed water system and are
currently on a waiting list.
4.1.3.1 Water Reclamation Facilities
CCWSD currently operates two water reclamation facilities (WRFs). The North
County Water Reclamation Facility (NCWRF) and the South County Water
Reclamation Facility (SCWRF), which are shown in Figure 4-5. Table 4-7 sununaries
the capacities of the existing reclainled water facilities.
Tablll 4-7. Summary Df Existing Watllr Reclamation Facll1tles'
-~
Facility Name Design Capacity (MGDt
NCWRF 24.10
SCWRF 16.00
I Total 40.10
" InformatIen on eXisting water reclamation Factllbes tak.en from the Collier County 200B Wastewater
Masler Plan Update, adopted by the Collier County BeC on June 24, 200B.
2 The design capacities do not reflectlhe amount of reclaimed water available from the facilities. The
amount of reclaimed water available Is based on influent flow and treatment efficiency, which on an
average daily basis is currently 10 MGD.
4.1.3.2 Reclaimed Water Pumping, Storage, and Transmission
The reclaimed water di!ltribution system, which consists of 125 miles of transmission
and distribution pipeline, is currently divided into two services areas; one in the north
and one in the south, that are !lupplied by the respective WRF. There are a few small
interconnects between the two service areas, but the system is hydraulically limited
fmm passing large volumes of water from one service area to the other. 1b.is issue is
currently being addressed by the development of a reclaimed water booster pump
station that will interconnect the two service areas and provide the capacity for
transferring up to 5 MGD of redainled water.
,AIt
Reclaimed water produced at the two water reclamation facilities (WRFs) can be
temporarily stored in on-site ponds. Storage of up to 1 million gallons (MG) is also
available at the former Pelican Bay WRF, which was decommissioned in 2006 and
4-12
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LEGEND
EX1STtNG POTABLE
WATER TRANSf.4(SS[ON
MAINS
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Aaenda Item No, 178
- February 24, 2009
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COLLIER COUNTY IO-YEAR WA TER SUPPLY FACIL TIES WORK PLAN
EXlSTINC CCWSD POTABLE WAIER TRANSMISSION MAINS
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Agenda Item No. 178
February 24, 2009
Paae 104 of 420
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FIGURE 4-5
COLLIER COUNTY 10-YEAR WATER SUPPLY FACILTIES WORK PLAN
EXISTING CCWSD WATER RECLAMATION FACILITIES
Agenda Item No. 17B
February 24, 2009
, , Pane 105"Gfill'll'l
EXlstmg Waler SlJpply Facilities
.
converted to a reclaimed water storage and pumping facility, Additional storage is
achieved in the distribution system which provides 130 MG of wet weather storage.
Excess water is pumped into deep injection wells (DIWs) fur disposal. Figure 4-6
presents tile reclaimed water distribution system.
One of the significant issues that the reclaimed water system must contend with is
wet weather storage. During the wet season, demand for reclaimed water drops off
sharply and CCWSD is forced to put the reclaimed water down its DIWs from which
it cannot be re,covered. The County has identified this scenario as a waste of a
valuable resource and is making efforts to reduce tile amount of reclaimed water that
is disposed during the wet season. To t.his end, a reclaimed water aquifer storage and
recovery (ASR) is being developed. The initial phase of the reclaimed water ASR is
ongoing with cycle testing to commence after a testing protocol that won't violate
FDEP's arsenic rule has been established, Following 18 months of cycle testing, the
ASR will be put into service, where it is expected to provide between 0.5 and 1 MGD
of reclaimed water to meet peak season demands.
.
4.1.3.3 Supplemental WeIlfields
In addition to the two existing WRFs pumping and storage facilities, CC,VSD utilizes
two supplemental wellfieIds to meet its contractual requirements. The locations of
the two weIlficlds, known as the Pelican Bay WeIlfield and the Irnmokalee (Mule Pen
Quarry) WeIlfield, arc shown in Figure 4-6. The weIlfields are permitted under CUP
11-00052-W, described in Section 4.1.1, which allows CCWSD to withdraw water from
the LT Aquifer in the Pelican Bay WeIlfield and the WT Aquifer at the Imrnokalee
WeIlficld, to meet peak demands within the reclaimed water distribution system. A
summary of the wells that make up these welIfields is provided in Table 4-8.
T bl 4 8 S
f Ex' tl CCWSD S
tlWlI'
a & . . ummary 0 IS ng' upplemen a & s
Well Aquifer Total Depth Depth of Diameter Capacity (gpm)
No. (fO Casing (fl) (in)
1 LT 100 50 ! 10 300
2 LT 100 50 10 300
3 LT 100 50 10 I 300
. ,
4 LT I 100 50 10 300
5 LT 100 50 10 300
6 I LT 100 I 50 10 300
7 LT 100 50 10 300
8 WT I 35 20 I 10 500
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g WT 35 20 I 10 500
10 WT 35 20 10 500
, 11 I WT I 35 20 10.~_,500
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Agenda Item No. 17B
February 24, 2009
Page 106 of 420
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FI GURE 4-6
COLLIER COUNTY 10-YEAR WATER SUPPL Y FACILTIES WORK PLAN
EXISTING CCWSD RECLAIMED WATER OISTRIBUTION SYSTEM
Agenda Item No. 178
February ~., 200;j,
E . t' '" Paae lR)j'_'lW4'2v
XIS mg nater ;:Jupp y Facilities
.
4.2 Immokalee Water and Sewer District (IWSD)
4.2.1 Water Supply Permits
The IWSD maintains one CUP for potable water supply. The details of the CUP are
presented in Table 4-9.
Table 4.9. Consumptive Use Permits Issued by SFWMD to the Immokalee Water and
Sewer District
r Consumptive Aquifer Number of Expiration Annual Average Maximum]
Use Permit Permitted Date Allocation Day Day
Wells (MG) Allocation Allocation I
i (MGD) (MGD)
, I Lower I J 6115/2010 I I I
I 11-00013-W Tamiaml 16 1,227 3.36 4,70
4.2.2 Potable Water Facilities
4.2.2.1 Wel1fields
Currently, the IWSD operates three wellfields; one adjacent to each of its WTPs. The
locations of each of these wellfields and WTPs are illustrated in Figure 4--7. The wells
maintained by the IWSD tap the L T Aquifer, which is a traditional freshwater source.
Table 4--10 summarizes tile existing wells operated by the IWSD.
.
4.2.2.2 Water Treatment Facilities
The nVSD is served by three intercoffilected water treatment facilities; the Jerry V.
Warden WTP, the Airport WTP and the Carson Road WTP, which are shown in
Figure 4-7.
Tab! 410 S
~
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a . ul1!.mary 0 xs ng oa e a er e s
II No, Aquifer Total Depth Depth of Diameter Capacity
(ft) Casil1fl{ft} (in) (gpm)
1 LT 275 236 4 110
-
2 LT I 225 140 I 6 400
3 I LT 315 230 J. 8 I 200
4 I LT 275 i 250 I 8 225
5 I LT 275 236 I 8 225
..
6 .! LT I 175 95 I 8 250
,
7 LT ' 278 234 1-- 8 250
8 LT=J 200 i 140 8 350
9 I 200 140 I 8 350
LT ,
I 8 I 350
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10 I LT I 200 125
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11 I LT I 200 154
12 LT 210 I 140
!
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13 L T r 210 I 128
14 LT I 180 =1- 100 I
15 I LT ,.j 180 1. 10t-T
I 16 1- L T , 187 : 107
" Information on eXisting wells taKen from CUP 1111-00013-W,
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Agenda Item No. 17B
February 24, 2009
Page 108 of 420
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AGenda llem ~~o. 178
- February 3JIct!h?,oJ!
Existing Watef'slJppi).i19aeJ/ifl;?,P
The Jerry V. Warden WTP is located on the west side of Sanitation Road, south of CR-
29. Freshwater from the LT Aquifer is treated at the plant using lime softening (Ls).
The plant has a finished water capacity of 2.25 MGD.
The CarsOIl Road WTP is located on tile west side of Carson Road, north of Lake
Trafford Road. The plant utilizes LS to treat tile freshwater from tile LT Aquifer and
has a finished water capacity of 0.9 MGD.
The Airport WTP is located east of New Market Road East, north of CR-846. LS is
utilized at the plant to treat freshwater from the L T Aquifer. The finished water
capacity of the plant is 1.35 IvIGD. p.~ sUTI1...'11ary of t.he existing 'water treatment
facilities is provided in Table 4-11. In addition to identifying the design capacity of
each treatment train, the amount of raw watcr required to make the design capacity is
also provided.
ill "lgure - ater rom e erry ar en IS purope to two groun storage
tanks, with a total capacity of 1.80 MG, located on the plant site. Water from the
Carson Road lNTP is pumped to an on-site 0.5 MG ground storage tank. Water from
the Airport WTP is pumped to an on-site 0.75 MG ground storage tank. From the
storage tanks water enters the distribution system which consists of mains rangmg in
. size from 2-inch to 12-inch. The distribution system contains approximately 100 miles
of mains. Table 4-12 summaries the existing water storage facilities utilized by lWSD.
Table 4-11. Summary of Existing IWSD Water Treatment Facilities 1
I Facility Name Design Raw Water I Raw Water Traditionall ,
Capacity Requirement' Source Alternative I
I (MGD) (MGD) I
I I
i I ~----~-"t
I
: Jerry V, Warden WTP 2.25 ~ 2.32 i LT Traditional (Fresh) I
- I I Traditional (Fresh) I
i Airport WTP 1.35 I 1,39 LT
i- , ~::J" I
Carson Road WTP 0,90 I LT Traditional (Fresh)
I
--.,.-. I .. J
Total 4,50 i
I
In!ormation on existin9 water treatment facilities taken lrom the Z(}O:>-2006 Lower West Coast Water
Supply Plan Update approved by the Governing Board of the SFWMD on July 12, 2006.
2 Raw water requirement is the amount of raw water need to make a certain amount of finishe<f water. It
is calculated by dividing the finished water capacity by the efficiency of the treatment process.
Table 4-12_ Summary of Ex~sli~j! IWSD Water Storage Facilities'
,_.__Cacilitv Name Tank Volume (MG) i Usable Storage Volume lMG) I
L Je.!:'y V, Warden WTP 1.80 r 1,80 I
Carson Road WTP 0.50 .'---.--1- 0.50 J
I
. Airport WTP 0.75 ~. T-.--- 0.75
--.---
Total 3,05 , 3,05
. Informationo;:; eXisting water storage facilities laken from CUP #11-00013.W:--'---'.' _..
4-19
4.2.2.3 Pumping, Storage, and Transmission
The existing transmission facilities consist of transmission pipelines, water storage
tanks, and pumping facilities. The transmission facilities utilized by IWSD are shown
'F 47W f thJ VWd WTP' d d
Agenda Item No. 178
February S'ebtklflOJl
Existing Wate~/Y-i'!8tilfilfs:IP
4.2.3 Reclaimed Water Facilities
Currently, IWsD disposes of all effluent wastewater via an on-site spray irrigation
field, percolation ponds, or deep well injection.
.
4.3 Florida Governmental Utility Authority
(Golden Gate) (FGUA)
4.3.1 Water Supply Permits
The FGUA maintains one CUP for potable water supply. The details of the CUP are
presented in Table 4-13.
T bl 413 C
tl U P 'Is'
db SFWMOt FGUA
a e . onsumpI ve se enn! SSU8 oy 0
Cons u m ptive Aquifer I Number of Expiration Annual Average Maximum
Use Permit Permitted Date Allocation Day Monthly
I Wells (MG) Allocation AI/ocalion
(MG0 (MGI
LT 3.Jproposed) 9/11/2008 331 0.91 33.75
11-00148-W WT 9 ~2008 N/A N/A N/A
Total 12 702 I 1.92 I 71.50
4.3.2 Potable Water Facilities
4.3.2.1 Wellfields
Currently, FGUA operates One wellIield, with wclls On or adjacent to its \VTP site. TI,e
locations of lbl"Se wells and WTP are illustrated in Figure 4-8. Thewclls maintained
by FGUA tap 11\", 1V1' .-'lquifer, which is a traditional freshwater source. The two
permitled LT wells are proposed and discussed in 5edion5.3.1,1. Table 4-14
summarizes the existing wells operated by FGU A.
..
T I
s
fW If 0
t db FGUA'
ab a 4-14. umm~1) 0 as~erae ~
I Wall No. AqLJifer Total Depth (ft)! Depth of Casing Diameter Capacity (gpm)
I (ft) (in)
I
1 I WT 22 15 6 200
~ 2 WT 22 15 I 8 250
I 3 WT I 45 35 6 1- 160
4 WT 45 I 35 8 200
L 5 WT 22-t 15 8 250
I=+i~!-..I, 22 . 15 8 250
9 WH 25 I 25 -1 10 200'
I 10 .-wr I ~,
25 i 15 _-L 8 200
C~U 25 I 15 I 8 200
I I ,,.j
Information on eXlstlr,g walls taken from CUP #11-Q014B-W.
.
4-20
.
.
.
Agenda Item No. 178
February 24,2009
Page 111 of420
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Agenda Item No, 17B
February ~ ~1I,o~
Existing Wat~P~llpJaI~CJ1,6es
..
4.3.2.2 Water Treatment Facilities
PGUA operates one WTP, the Golden Gate Water Treabnent Plant, which is located
west of CR-951, south of Golden Gate Parkway, as shown in Figure 4-8. The WTP has
a finished water capacity of 1.22 MGD using LS, which is augmented by 0.87 MGO of
RO for additional capacity. A summary of the existing water treatment facilities is
provided in Table 4-15. In addition to identifying the design capacity of each
treatment train, the amount of raw water required to make the design capacity is also
provided.
~
Table 4-15. Summary of Existing FGUA Water Treatment Facilities'
i Facility Name i Design Raw Water Raw 1 Traditional! Alternative
Capacity Requirement' Water I
.. (MGD) (MGD) Source
~~~en Gate WTP 1,22 138 I WT Traditional (Fresh)
~o6~en Gate WTP 0,87 1.16 t WT Traditional (Fresh)
:~:~allon of existIng water tr.:t~:nt facilities ta~:~m the d",ij2007:r MasierPfari-lTpda~;
~repared by Arcadis. June 2007.
Based on Monthly Operating Reports submitted to FDEP.
-"",
4.3.2.3 Pumping, Storage, and Transmission
The existing transmission facilities consist of transmission pipelines, water storage
tanks, and pumping facilities. The transmission facilities utilized by FGUA are shown
in Figure 4-9. Water from the WTP is pumped to a 0.52 MG ground storage tank,
located on the plant site. From the storage tank water enters ilie distribution system
which consists of malllS ranging in size from 2-inch to 14-inch. The distribution
system contains approximately 42.5 miles of mains. A booster pump station with a 1
MG ground storage tank on Green Boulevard is used to maintain water pressures
within the distribution system. Table 4-16 summaries the existing water storage
facilities utilized by FGU A.
6 S
f E I I FGUA
III
t
Table 4-1. ummary 0 x sf ng Storage F ac lies
I Facility Name -.. Tank Volume (MG) I Usable Storage Volume (MG\
Golden Gate WTP Tank 0,52 i 0,52
I Green Blvd. Booster Pump_15tation Tank 1.00 I 1.00
, L I
I Total 1.52 1.52
,.-
, Information of eXisting water storage faCIlities take from the draft 2007 Water Masler Plan
Update, prepared by Arcadis, June 2007.
,-4t
4.3.3 Reclaimed Water Facilities
The FGUA currently disposes of treated wastewater using rapid infiltration basins
(RIBs). The existing permitted capacity of the RIB system is 1.25 MGD, which is
sufficient to meet the disposal need of the existing 0.95 MGD facility and the planned
Phase J expansion of the facility to 1.50 MGD AADF, scheduled to come on-line in
2009. Two planned future expansions of the facility will increase the capacity to 2.00
4..21
Agenda Item No. 178
February 24, 2009
Page 11301420
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Agenda Item ~Jo. 176
February~fipaOO
ExisUng Wale~Jr1ifl~lit@D
MGD. Currently, tlle FGUA does not operate any reclaimed water facilities, however,
the FGUA has committed to the FDEP to execute a reclainled water project that will
provide at least 200,000 gpd of reclaimed water to be used on the Golden Gate Golf
Course.
4.4 Orange Tree Utility Company (OTUq
4.4.1 Water Supply Permits
The OTUC maintains one CUP for potable water supply. The details of the CUP are
presented in Table 4-17.
Table 4-17. Consumptl\pe Use Permits Issued b SFWMD to OTUC
Consumptive Aquifer Number of Expiration Annual
Use Permit Permitted Oate Allocation
Weils (MG)
Average
Oay
Allocation
(MGD)
Maximum
Monthly
Allocation
(MGD)
11-00419-W
LT
6 _111/11/2009
313
0.86
37.70
.
4.4.2 Potable Water Facilities
4.4.2.1 Wellfields
Currently, OTUC operates one wellfield in the vicinity of its WTP. The locations of
these wells and "VTP are illustrated in Figure 4-10. The wells maintained by OTUC
tap tile LT Aquifer, which is a traditional freshwater source, Table 4-18 summarizes
the existing wells operated by the utility.
Table 4-18. Summary of Wells Operated by OTUC
Well No. Aquifer Total Depth' Depth of
(ft) Casing (ft)
PW1 LT 180 70
Diameter
(In)
12
12 I
12 -\
1~
c,,~~~
=8300
300
300
I PW2 LT 180 70
~ PW3 LT 180 70
PW4 LT 180 I 70
InfolTYlation on eXisting wells taken from CUP #11-00419.W.
4.4.2.2 Water Treatment Facilities
OIVe operates 'me WTP. which isll'cateJ east of SR.846, north of CR-858 as shown
in Figure 4-10. The WTP hasa finished water capacity of 0.75 MGD using membrane
wftening (MS). A summary of the existing water treatri1.ent facility is provided in
Table 4-19.ln addition to identifying the design capacity, the amount raw water
required to produce the design capacity is also provided.
..
4-23
Agenda Item No, 17B
February 24,2009
Paqe 11 !i>~ti<P!l(JI
Existing Water Supply Facilities
.
Table 4-19. Summary of Existing OTUC Water Treatment Facilities 1
Facility Name Design Raw Water Raw TraditionaV Alternative
Capacity Requirement' Water
(MGD) (MGD) Source
i Orange Tree 0.75 0.94 LT Traditional (Fresh)
WTP
I -- ._---_.._-_.~---
l Total 0.75 0,94
.., -
Information on eXisting water treatment facilIties taken from the 2005 2006 Lower West Coast Water
Supply Plan Update approved by the Governing Board of the SFWMD on July 12, 2006.
2 Raw water requirement is the amount of raw water needed to make a certain amount of finished water.
It is calculated by dividing the finished water capacity by the efficiency of tne treatment process,
4.4.2.3 Pumping, Storage, and Transmission
The existing transmission facilities consist of a water storage tank at the WTP and
transmission pipelines. The water storage tank at the WTP has a capacity of 0.75 MG
and the transmission pipelines range in size from 3-inch to 12-inch and total
approximately 9 nriles in length. The transmission facilities utilized by OTUC
are shown in Figure 4-10. Table 4-20 summarizes the water storage available in the
Orange Tree Utility System.
.
_of Existing OTUC Storage Facillt '
Tank Volume (MGl
I Oranqe Tree WTP 0,75
I Total 0.75
I In1onnatjon on existing water storage facilities taken from aup #11-Q0419-W.
MGl
4.4.3 Reclaimed Water Facilities
Currently, OTUC disposes of all effluent wastewater via RIBs.
4.5 Ave Maria Utility Company, LLLP (AMUC)
4.5.1 Water Supply Permits
AMUC maintains one CUP for potable water supply. The details of the CUP are
presented in Table 4-21.
, I
I '
11-022SS-W I LT i
--_._------L.
Table 4-21. Consum tive Use Permits Issued b 5FWMD to AMUC
Consumptive Aquifer Number of Expiration Annual Average
Use Permit Permitted Date Aliocalion Day
Wells (MG) Allocation
i (MGD)
,
;-
61141201~ 460
, Maximum
Monthly
Allocation ,
(MG) ,
3
1,26
43.30
.
4-25
Agenda Item No. 176
FebruarvSMr&R(j9
Existing Wate~l~ f:\jclift~O
4.5.2 Potable Water Facilities
4.5.2.1 Wellfields
Currently, AMUC operates one wellfie1d in the vicinity of its WTP. The wells
maintained by AMUC tap the L T Aquifer, which is a traditional freshwater source.
Table 4-22 summarizes the existing wells operated by the utility.
.
Summa
Aquifer
PWS-1
PWS-2
LT
LT
Diameter I Capacity (gpm)
(In) -L-
12 I 700
12 I 700
12 700
4.5.2.2 Water Treatment Facilities
AMUC operates one WTP, which is located west of Camp Keais Road, north of CR-
858. The VVTP has a finished water capacity of 1..67 MGD using MS. A summary of
the existing water treatment facility is provided in Table 4-23, In addition to
identifying the design capacity of each treatment train, the amount of raw water
required to make the design capacity is also provided.
Table 4-23. ummary xlstmll, C ater reatment ac Ity'
I FacilUy Name Design Raw Water Raw T radibonall Alternative
Capacity Requirement' Water
I Ave Maria (MGD) (MGD) Source
, L~..
1.96 I Traditional (Fresh)
WTP 1.67 I
1ml .. "--",.
I Total 1.96 ~
.~,~-
S
olE
AMU W
T
F lilt'
.
I Informahor'l on elUsting and planned water treatment facallties was taken from the Prefimlnary Design
Report for Ave Maria Utility Company, lllP and Florida Department of Environmental Protection as
rrepared by CH2M Hili, Inc" June 2004.
Raw water requirement is the amount of raw water need to make a certain amount of finished water. It
is calculated by dividing the finished water capacity by the efficiency of the treatment process.
4.5.2.3 Pumping, Storage, and Transmission
The existing transmission facilities consist of a water storage tank at the WTP and
transmission pipelines. The water storage tank at the WTP has a capacity of 1.5 MG.
Table 4-24 sununarizes the water storage available in the Ave Maria Utilities System.
<_.,
Table 4-24. Summary of Existin AMUC Storage Facility'
Facility Name Tank Volume (MG) I Usable Storage Volume (MG)
I AMUC WTP 1.50 1.50
I Totai I 1.50 i 1.50 I
fntonnatlon on exrsting and planned water treatment facilities was taken from the Preliminary Design
Report for Ave Maria Utility Company, llLP and Florida Department of Environmental Protection as
prepared by CH2M Hill, Inc" June 2004 and supplemented with comments re<:elved from AMUC in a
letter dated September 20, 2007.
.
4.26
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Agenda Item No. 17B
February 24, 2009
Page 117 of 420
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Agenda Item No. 17B
February 24, 2009
Page $~&iOh4CO
Existing Water Supply Facilities
.tJ
4.5.3 Reclaimed Water Facilities
AMUC is served by one WRF, which is located within the development. The WRF is
capable of producing 1.25 MGD of reclaimed water. Reclaimed water is pumped from
the WRF to three reclaimed water storage ponds, which serve as the source for the
town and university's irrigation system and have a combined capacity of 23.00 Me.
Reclaimed water is the most important element of the AMUC Conservation Plan,
presented in detail in Section 7, and will be utilized to the fullest extent possible for
irrigation of the town and UIliversity. AMUC believes it will be able to utilize 100
percent of the reclaimed water generated. Table 4-25 summarizes the capacity of the
existing reclaimed water facility.
Table 4.25. Summary of Existing AMUC Water Reclamation Facility'
Facility Name Design Capacity (MGD)
AMUC WRF (Phase 1) 1.25
TOlal 1.25
..,
Infonnabon 01"1 eXlstmg and planned water treatment facIlities taken from the ReVised Prellmlnary
Design Report for Ave Mana Utility Company, llLP and Florida Department of Environmental Protection
as prepared by CH2M Hill, Inc" February 2006 and supplemented with comments received from AMUC
In a leUer dated September 20,2007.
...,
..
4-27
/\g9nda Item No. 176
February 24,2009
Page 11 9 of 420
Section 5
Planned Water Supply Facilities
...
5.1 Collier County Water.Sewer District (CCWSD)
5.1.1 Potable Water Facilities
5.1.1.1 Wellfields
As part of the CCWsD plan to meet future water supply needs it intends to build the
Northeast Regional Water Treatment Plant (NERWTP) Wellfield Phase 1. The
NERWTP Wellfield Phase 1 will be made up of wells tapping the Lower Tamianri
Aquifer, ilie Hawthorn Zone 1 Aquifer and the Lower Hawthorn Aquifer. The wells
will serve the NERWTP Phase 1, which will treat the water using ion exchange (IE) for
fresh water and LPRO for brackish water. The wellfie1d is scheduled to come online in
2018 to serve the first phase of the NERWTP. Table 5-1 summarizes the planned wells
in ilie NERWTP Wellfield Phase 1. The location of the NERWTP Wellfield Phase 1 is
illustrated in Figure 5-1.
Table 5-2 identifies the major tasks required to build tile weIlfield, along with the
funding source iliat will be utilized and scheduled dates for studies, property
acquisition, design, permitting, and construction.
T I
ed NE WTP W IIf Ie! Ph
1 S
ab e 5-1. P ann R e Ie aSlJ ummar
I Well No. Aquifer Total Depth Depth of Diameler (in~pacitY
I (ft) Casing (ft) (gpm)
I
t--!-T-1 i LT I 120 75 I 16 1000
LT-2 I LT 120 75 16 1000 i
(
I 100~+_~0
LH-15 LH I-
I 1000 , 700
LH-16 LH
. 550 i
HZ1-13 ! HZ1 400
I 550.~
HZ1-1'L.l , 400
HZl I
-.
700 I 16/12' 1000
700 r 16/122 -~ 100~i
700 I 16/12'.-J--1QQO
700 F 16/122 - I 1000 -
700 16/12' 1000 I
=t' 16/122 1000
'W,~ J '"'" I
16/122 I
i 16/12' _~~:~~
, Information on planned wells taken from CUP appllcatron #070529M12.
2 16 inch casing to 100 feet, then 12 inch casing tc production casing depth.
LH-l
LH-2
LH-3
I LH-13
LH-14
I
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LH
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1000
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Agenda Item No. 176
February 24, 2009
Page 120 of 420
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ExtSTtNC RAW WATER
TRANS~JSSrOt'11 LINES
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COLLIER COUNTY lO-YEAR WATER SUPPLY FACILTIES WORK PLAN
EX[STING AND PLAI,NED CCWSD WELLFIELDS AND RAW WATER TRANSMISSION MAINS
.
.
.
Agenda Item No. 178
February 24,2009
Page 121 of 420
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Agenda Item No. 176
Februar)!SliiQ'idlJC5l9
Planned Water I9Iql1YiE'iitiJifiIi&O
5.1.1.2 Water Treatment Facilities
The CCWSD is currently served by two WTPs; the NCRWTP and the SCRWTP. As .
mentioned in the previous subsection, the CCWSD intends to construct an additional
treatment facility, the NERWTP to meet future demands. Additionally, the CCWSD is
planning to add HPRO treatment skids at the NCRWTP. The location of the existing
and planned facilities are shown in Figure 5.2,
The location of the planned NERWTP is approxinlately one mile north of CR-858 (Oil
Well Road) and one mile east of SR-846 (Imrnokalee Road) in the northeastern
quadrant of the service area. The plant will utilize IE to treat fresh groundwater
withdrawn from fue Lower Tamiami and Hawthorn Zone 1 aquifers. Water from the
Lower Hawthorn Aquifer will be treated using LPRO. The first phase of the plant,
scheduled to come online in 2018, will have a reliable capacity of 5 MGD. The plant
will he capable of expansion to an ultimate capacity of 45 MGD.
As stated in Section 4.1.2.2, the NCRVvTP is located on the north side of Vanderbilt
Beach Road Extension east of CR-951 in the northeastern quadrant of the service area
and the SCRWTP is located near the intersection of CR-951 and 1-75 about 5.5 miles
soufu of the NCRWTP. The CCWsD has plans to expand the reliable capacity of the
NCRvVTP from its current capacity of 20 MGD to 22 MGI), with the addition of two 1
MGD HPRO treatment skids. The skids will be used to treat water from wells RO-IN,
RO-2N, R0-3N, and RO-4N, which experienced elevated salinity levels shortly after
being brought online. The HPRO treatment skids are scl1eduled to come online in .
2012.
A summary of the existing and planned water treatment facilities is provided in Table
5-3. In addition to identifying the design capacity of each treatment train, fue amount
raw water required to make the design capacity is also provided.
Table 5-4 identifies the major tasks required to build each of the planned water
treatment facilities, along with the fUIlding source that will be utilized and the
scheduled dates for studies, property acquisition, design, permitting, and
construction.
5.1.1.3 Pumping, Storage, and Transmission
The planned transmission facilities consist of transmission pipelines, water storage
tanks, aquifer storage and recovery (ASR) systems, and pumping facilities. The
transmission facilities utilized by CCWSD are shown in Figure 5-3. The planned
pumping facilities t!'iIl include high service pumps at the new NERWTP. Additional
booster pumping stations and an in-line booster pump station may be required to
meet demands, but are not planned for construction during the planning period out
to 2018. Ground storage tanks at the proposed treatment facility will provide system
.
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~ February 24, 2009
Paae 12] of 420
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llDAl!EU;YA-HANlIEN EXISTING AI'JD PLANNED CCWSD
FIGURE 5-2
WATER SUPPLY FACILTJES WORK PlAI-.J
POTABLE WATER TREATMENT FACILITIES
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February 24,2009
Page 124 of 420
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February 24, 2009
Page 125 of 420
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fACILrTlES
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FACtLITIES
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Agenda Item No. 178
February 24, 2009
Page 126 of 420
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COLLIER COUNTY lO-YEAR WATER SUPPL Y FACIL TIES WORK PLAN
EXISTING AND PLANNED CCWSO POTABLE WATER STORAGE FACILITIES
Agenda Item No, 178
February 24, 2009
Page 12SeofidJi'e
Planned Water Supply Facilities
.
storage and reserve capacity to help meet peak hourly demands of the system.
Additionally, potable water will be stored at various strategic points in the CCWSD
distribution system to help meet diurnal peak system and fire flow demands.
CCWsD plans to install an additional 6 MG storage tank at ilie Manatee Road
Pumping Station,
A summary of the existing and planned storage facilities is provided in Table 5.5.
Table 5-5. Summa
Facility Name
Isle of Capri,,_
0,25
e Facilities'
1 Usable Storage I
i Volume (MG) ~
I 11.10---j
12,40 '--1
0.20 I
i NCRWTP
1200
SCRWTP
14.00
: Manatee Road Pumpinq Station
2.00
1,80
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online 10.00 930
_2018 15,00 13,50
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-1 MGD
1
Table 5-6 identifies ilie major tasks required to build each of the planned pumping
and storage improvements, along with the funding source that will be utilized and
the scheduled dates for studies, property acquisition, design, permitting, and
construction.
Potable water is pumped from the plants into the distribution system. The
distribution system includes water mains designated as either transmission or
distribution mains. The CCWSD pipelines 16 inches in diameter and larger are
generally termed transmission maills. These are typically located along arterial and
collector roadways and convey water to major demand areas. Pipelines smaller than
16 inches in diameter are generally called distribution mains, branching off the
transmission system to supply individual users.
.
5.9
Agenda Item I'Jo. 178
February 24, 2009
Page 128 of 420
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Agenda l1em No. 178
Februaryf{,' ;;009
PeL 6flil2t1!e
Planned Waler'S%ppty acilities
.
Overall, the CCWSD owns and maintains over 800 miles of water transmission and
distribution pipelines, up to 42 inches in diameter, with approximately 51,000
individual service connections,
With the construction of 7 MGD of additional finished water capacity, CCWSD will be
installing a substantial number of transmission mains and major distribution mains
over the next 10 years. The existing and phllmed transmission mains and major
distribution mains that will serve CCWSD in 2018 are illustrated in Figure 54.
.
5.1.2 Reclaimed Water Facilities
CCV,sD currently operates the largest reclaimed water system in South Florida,
which serves 28 customers with contractual commitments of 22,3 MGD. The majority
of the existing customer base is goll courses, residential communities, environmental
mitigation areas, county parks, and roadway medians. There are more than 140
additional entities within Collier County that have requested connection to the
reclaimed water system and are currently on a waiting list. The following subsections
describes the measures CCWSD is taking to meet future wastewater demands and
supply reclaimed water to its customers. In addition to the inlprovements described
below, CCWsD is undertaking the development of a Reclaimed Water Master Plan
starting in 2008 to determine the best methods for maximizing tile efficient use of
reclaimed water. Recommendations and findings of the Reclaimed Water Master
Plan will be incorporated into future editions of the Collier County 10-Year Water
Supply Facilities Work Plan.
5.1.2.1 Water Reclamation Facilities
In addition to the two existing \VRFs, the NCWRF 'Uld the sCWRF, CCWsD intends
to build a Northeast Water Reclamation Facility (NEWRF) during the ID-year
planning period. The locations of the existing and planned VVRF are shown in Figure
5-5. Table 5-7 slln1marizes the capacities of the existing and planned WRFs,
Table 5-7. Summary of Existin\! and Planned CCPUD Water Reclamatfon Facilities'
Facility Name Year Online Design Project Identified In
Capaci\r LWCWSP
, (MGD)
NCWRF Online 24.1 N/A
I - I
SCWRF Online 16.0 N/A
NCWRF Expansion [ 2017 6,5 ! N/A
NEWRF Phase 1 L 2017 ! 4.0 Yes
_._~,~._..__. ,. -
Total 50.6 ,
" Iff t k If th C {'II'_C--20-0 1 t M-+ --
norma Ion a en om e a ler ounty 8 astewa er aster Plan Update adopted by the
Callier County Board at County Commissioners an June 24, 2008.
2 The design capacities do not reflect the amount of reclaimed water available from the facilities. The
amount of recla.imed water available is based an influent flow and treatment effICiency,
.
5-11
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LEGEND
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EXISTING POTABLE
WATER rRANSMISsrON
MAINS
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PLANNED POTABLE
WATER TRANSfJfSSION
MAINS
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III ORII!m.EY AND HANSI!N
Agenda Item No. 178
February 24, 2009
Page 130 of 420
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COLLIER COUNTY ;O-YEAR WATER SUPPLY FACILTIES WORK PLAN
EXISTING AND PLANNED CCWSD POTABLE WATER TRANSMISSION MAINS
Agenda Item No. 17B
February 24,2009
P 14
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LEGEND
!i:X1ST!NG: WATE~ *
RECLAMATfON
FACIUTlfS
fuTURe WATER *
;, RECLAMATION
fACtLlrIES
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COLLIER COUNTY lQ-YEAR WATER SUPPLY FACIL TIES WORK PLAN
EXISTING AND FUTURE CCWSD WATER RECLAMATION FACILITIES
Agenda Item No. 17B
February 24, 2009
Page q,'!ll1ti9Mlzo
Planned Wafer Supply Facilities
~
As stated in the footnotes to Table 5-7, the amount of reclainled water distributed is
not directly related to the design capacity of each water reclamation facility. In
addition to the linritations identified, the ability of Collier County to utilize available
reclaimed water for distribution is impacted by seasonal fluctuations in demand, with
very high demands during the dry season and low demands during the wet season.
Table 5-8 identifies the major tasks required to build each of the planned water
reclamation facilities, along with the funding source tI1at will be utilized and the
scheduled dates for studies, property acquisition, design, permitting, and construction.
5.1.2.2 Reclaimed Water Pumping, Storage, and Transmission
The current reclaimed water distribution system consists of 125 miles of transmission
and distribution pipeline and is currently diVided into two services areas, one in the
north and one in the south, that are supplied by tI1e respective WRF. There are a few
small interconnects between the two service areas, but the system is hydraulically
limited from passing large volumes of water from one service area to the other. This
issue is currently being addressed by the development of a reclaimed water booster
pump station that will interconnect the two service areas and provide the capacity for
transferring up to 5 MGD of reclainled water.
-,
With the expansion of the NCWRF and addition of the NEWRF, CCWSD will need to
expand the reclaimed water distribution system to serve more customers. At this time
specific distribution and transmission main projects have not been determined. These
projects will be determined through analyses to be performed as part of the
development of the Reclaimed Water Master Plan described previously.
The new WRF will be capable of temporarily storing reclaimed water on-site.
Additional storage will be provided through the expansion of the existing reclaimed
water AsR from a capacity of 1 MGD to 5 MGD.
A summary of the reclaimed water storage that will be available with the
development of the new WRF and the expansion of the reclaimed water ASR is
provided in Table 5-9.
Tbl595
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a e - . Llmml!!Y.O Xl ng an anne ecame a er torage ac les
FacUlty Name ! Year Online Tank Volume (MGJ I Usable Storage Volume (MG)
NCWRF onlirm 2.00 ! 2,00
SCWRF online 3.00 I 3,00
Decommissioned Pelican aav WRF onune=i 1.00 1.00 ..-
NEWRF , 201l_ . 2.00 2.00
rr;;t;i 8.00 ! 8.00
- ,
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Redalmed Water ASR online -I NlA -1 MGD
i Reclaimed Wale. ASR ExpanSion I.,., TElO .._t_~~IA "_-j -4 MGO
I Total . i -1 -5MGD
1 Information taken from the Collier County 2007 Annual Update and Inventory Report on Public
Facilities adopted by the Collier County Board of County Commissioners on November 5. 2007.
5-14
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February 24, 2009
Page 133 of 420
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Agenda Item No. 17B
Februa~24, 2009
a i'?ll~20
Planned Water !uP~!t aeilities
..
Table 5-10 identifies the major tasks required to build each of the plarmed reclaimed
water storage facilities, along with the funding source that will be utilized and the
scheduled dates for studies, property acquisition, design, permitting, and
construction.
5.2 Immokalee Water and Sewer District (ISWD)
5.2.1 Potable Water Facilities
5.2.1.1 Wellfields
Currently, the IWSD operates three weJlfields; one adjacent to each of its \VTPs. TIle
locations of each of these weIlfields and WTPs are illustrated in Figure 5-6. The wells
maintained by the IWsD tap the Lower Tamiami Aquifer, which is a traditional
freshwater source. IWSD plans to bring additional wells online to address future
demands.
5.2.1.2 Water Treatment Facilities
The IWsD is currently served by three interconnected water treatment facilities, the
Jcrry V. Warden WTP, the Airport VviP and the Carson Road WTP. During the 10-
year planning period IWSD plans to expand its Carson Road WTP to meet increasing
demands. Table 5-11 summarizes the treatment capacity of tile existing and planned
potable water facilities for IW5D.
--,
5.2.2 Reclaimed Water Facilities
Currently, IWSD disposes of all effluent wastewater via an on-site spray irrigation
field, percolation ponds, or deep well injection. There are no current plans to develop
a reclaimed water distribution system.
5.3 Florida Governmental Utility Authority
(Golden Gate) (FGUA)
5.3.1 Potable Water Facilities
5.3.1.1 WeIlfields
FGUA currently operates 11 wells, 10 of which are located On the site of tIle \VTP. To
address future demands FGUA is planning to bring three additional wells online in
2008. The locations of these wells are shown in Figure 5-7. Table 5-12 summarizes
the well FGUA plans to construct.
T bl 5 2 S
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FG
a e .1 . LJrnmarv 0 Panned UA Wells
Well No. Aquifer Total Dep\h Depth of Diameter (in) Capacity
(ft) Casing (ft) (gpm)
12 LT 180 80 10 810
I I L I I
13 LT 180 80 10 810
I 14 LT 200 I 141 10 200
1 Infonnalion on planned wells taken from CUP #11-00148-W.
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February 24,2009
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Agenda Item No. 17B
February 24, 2009
Page 14$emfillill5
Planned Water Supply Facilities
...
Table 5-13 identifies the major tasks required to build earn of the three wells, along
with the funding source that will be utilized and the scheduled dates for studies,
property acquisition, design, permitting, and construction.
5.3.1.2 Water Treatment Facilities
FGU A operates one WTP, the Golden Gate Water Treatment Plant, which is located
west of CR-951, south of Golden Gate Parkway, as shown in Figure 5-7. The current
capacity of the WTP is 1.22 MGD using LS and 0.87 MGD using RO. FGUA plans to
expand the facility to a capacity of 2.59 MGD by adding additional RO treatment
trains. A summary of the existing and planned water treatment facilities is provided
in Table 5-14. In addition to identifying the design capacity of each treatment train,
the amount of raw water required to make the design capacity is also provided.
Table 5-15 identifies the major tasks required to build each of the planned expansion
phases, along with the funding source that will be utilized and the scheduled dates
for studies, property acquisition, design, permitting, and construction.
~
5.3.1.3 Pumping, Storage, and Transmission
As described in Section 4.3.2.3, tIle existing FGUA transmission facilities consist of
transmission pipelines, water storage tanks, and pumping facilities. FGUA has no
plans to modify the existing storage facilities. However there are plans to expand the
transmission pipelines. The existing and planned transmission pipelines are shown in
Figure 5-8.
5.3.2 Reclaimed Water Facilities
The FCUA currently disposes of treated wastewater using RIBs. The existing
permitted capacity of the RIB system is 1.25 MGD, which is sufficient to meet the
disposal need of the existing 0.95 MGD facility and the planned Phase r expansion of
tlle facility to 1.50 MGD AADF scheduled to come online in 2009. Two planned future
expansions of the facility will increase the capacity to 2.0 MGD. The PGUA has
committed to the FDEP to execute a reclaimed water project that will provide at least
200,000 gpd of reclaimed water to be used on the Golden Gate Golf Course. Table 5-
16 identifies the major tasks required to build the project, along with the funding
source that will be utilized and the scheduled dates for studies, property acquisition,
design, permitting, and construction.
5.4 Orange Tree Utility Company (OTUC)
5.4.1 ?otable Water Facilities
5.4.1.1 Wellfields
OTVe currently operates hovo wells located in close proximity to the WTP. To address
future demands OTUC will construct two additional wells that will be put into
service in late 2007. Table 5-17 summarizes the additional wells OTUC plans to
construct.
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5-21
/\aenda Item f'>Jo, 178
- February 24,2009
Page 141 of 420
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February 24,2009
Page 142 of 420
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Febru3i-y .24, 2009
Page 143 of 420
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February 24, 2009
Page 144 of 420
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February 24, 2009
Page 145 of 420
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Agenda Item No, 17B
February 24s~Bg 5
Planned wJi'~p$8 Facli!I;!.s
T bl 5 17 S
fPI
dOTUCW II
a e - ummary 0 anne e s
Well No. Aquifer I Total Depth of Diameter I Capacity (gpm)
Depth (ft) Casing (ft) (in)
PW5 IT I 180 70 12 300
i PW6 LT I 180 70 12 300
.
5.4.1.2 Water Treatment Facilities
OTUC is currently expanding its water treatment plant from 0.75 MGD to 1.50 MGD
to address future demands. OTUC intends to submit the permit for the expansion to
the FDEP in 2008. The planned expansion will provide ample capacity to bring the
utility from t..'le current demand level to those forecasted for 2012. Table 5-16
summarizes the existing and planned water treatment facilities.
Orange Tree
WTP
Orange Tree
, WTP Expansion
Online
2009
5.4.2 Reclaimed Water Facilities
Currently, OTUC disposes of all effluent wastewater via RIBs. There are no current
plans to develop a reclaimed water distribution system
.
5.5 Ave Maria Utility Company, LLLP (AMUC)
5.5.1 Potable Water Facilities
5.5.1.1 WellfieIds
AMUC currently operates three wells located in close proximity to the WTP. To
address future demands AMUC is planning to bring additional wells online. The
locations and specifics of these wells have been determined and planned for. Table 5.
19 summarizes the additional wells AMUC plans to construct.
Table 5-19. Summary of Planned AMUC Wells
I Well No. Aquifer I Total Depth I Depth of I Diameter (in) Capacity
I _+ (ft) . Casing (ft) (gpm)
PWS-4 LT 120 L 70 i 12 700
I -
PWS-5 , LT I 120 I 70 --L. 12 ! 700
,
, .
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- PWS-~ 1- LT i 120 I 70 '--12
Infonnalion on planned wells taken fTom -c"i.JP #11.0229ll-W.
700
700
700
.
5-27
P.,genda Itsm No. 17B
February 24, 2009
Page i4Sffift~a3
Planned Water Supply Facilities
.
Table 5-20 identifies the major tasks required to build each of the planned wells,
along with the funding SOUrce that will be utilized and the scheduled dates for
studies, property acquisition, design, permitting, and construction.
5.5.1.2 Water Treatment Facilities
Ave Maria Utilities operates one vVTP, which is located west of Camp Keais Road,
north of CR-858, The current capacity of the ,VTP is 1,67 MGD using MS. AMUC
plans to expand the facility through three subsequent expansions to a capacity of 5
MGD by adding additional Ms treatment trains. A summary of the existing and
planned water treatment facilities is provided in Table 5-21. In addition to identifying
the design capacity of each treatment train, the amount raw water required to achieve
the design capacity is also provided.
Table 5-22 identifies the major tasks required to build each of the planned expansion
phases, along with the funding source that will be utilized and the scheduled dates
for studies, property acquisition, design, permitLing, and construction.
5.5.2 Reclaimed Water Facilities
AMUC is served by one WRF, which is located within the development. The WRF is
capable of producing 1,00 MGD of reclaimed water. AMUC plans to expand the WRF
three times to a total capacity of 4,67 MGD. Table 5-23 summarizes the capacities of
the exisling and planned phases of the WRF.
- , ,..~
: AMUC WRF (Phase 1) I Online 1,25
AMUC WRF (Phase 22_+___ TBD___ 1.25 I
AMUC WRF (Phase 3) i TBD 1.25 l-
AMUC WRF (Phase 4) I TBD I 1.25
-L ______ .______.__ _ I --
Table 5-23. Summary 2f Exlstlnl1 and Planned AMUC Wale.r_Reclamation Facilities 1
Facility Name I' Year Online r- Design ~I Project Identified In "j
I Capacity LWCWSP !
, (MGD) L _ jl
r- Yes
.--- -'
Yes I
Yes _',1
Yes -j
I Total ,__ _.__.1_ .__~_ 5,00 ----'
I Information on existing and planned water treatment facilities taken from the Revised Preliminary
Design Report for Ave Maria Utility Company, LLLP and Florida Dapartment of Environmental Protection
as preparad by CH2M Hill, Ine" February 2006 and supplemented with comments received from AMUC
in a letter dated September 20, 2007,
.
.
Reclaimed water is pumped from the WRF to t1uee reclaimed water storage ponds,
which serve as the source for the town and university's irrigation system and have a
combined capacity of 23.00 MG AMUC plans to add an additional three reclaimed
water storage ponds within the development in the future. The new ponds will
increase the storage capacity from 23.00 MG to 44.00 MG. Additionally, AMUC is
currently permitting a 289 MG wetlands storage system which will be used for wet
weather storage_ Reclaimed water is the most important element of the AMl;C
Conservation Plan, presented in detail in Section 7, and will be ulili2ed to the fullest
extent possible for irrigation of the town and tUuversity. AMUC believes it will be
able to utilize 100 percent of the reclaim water generated,
5-28
Agenda Item 1'0. 17B
February 24,2009
Page 148 of 420
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February 24, 2009
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February 24,2009
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Agenda Item No. 178
February 24,2009
Page 151 of 420
.
Section 6
Facilities Capacity Analysis
Sections 3, 4, and 5 of this plan presented the population and associated water
dcmand of the service area served and to be served by each utility, the existing water
supply facilities in place to meet current demands, and the facilities planned to meet
future water supply needs, respectively. The purpose of this section of the plan is to
conveniently present a comparison of the populatio~ water demand, facilities
capacity, and permit limitations that identifies surpluses and deficits in facility and
permit capacities.
6.1 Collier County Water-Sewer District (CCWSD)
As described in Section 5,1, CCWSD plans to bring online a new potable water
treatment facility and associated weIlfield during the 10-year planning period ending
in 2018. Table 6-1 illustrates how these additions to the existing system will allow
CCWSD to stay al1ead of the demand curve during the 10-year planning period.
.
Table 6-1. Capacit)o: Analysis for CCWSD
~ce Area Population ===1 I
i Demand Per Capita (gpcd) - I ~. I 1: 17 170
Required Treatment capacity@1709PCd(MGD)130.68lM.92i 43.45 jL~
Available Facility Capacity (M"-D~_. I 40,00 I 52.00 I 54.00 ,~
'~""c.,,,,,,,,",,,".(D"'d')(MGD)' ] on 1-""!. ~6~J, 682.5.696 "~!'
:_R..aw Water Requireme~t (MGD)' I 35,39 I 41,05 ,.
Permitted Amount (MGDAnnual Average)' 56.14 56.14 I 56.14 i 56,14 I
Permitted Surplus (Deficit) (MGD)4 _ __-----'__ 20.75 15.09 I 2.38 I (6,52)-,
Calculated by subtracting Required Treatment Capacity@ 170 gpcd from Available Facility Capacity.
2. Raw water requirement is the amount of raw water needed to make a certain amount of finished water.
Il is calculated by dividing the Required Treatment Capacity @ 170 gpcd by the efficiency of the
treatment process.
3 CUP (11-00249-W) for 56.14 MGD annual average exp;res February 8, 2026.
4 Calculated by subtracting the Raw Water Requirement from the Permitted Amount.
2005 2008 1 2013 I 2018
-- . ,
I 1 80,463 205,433 255,594 296,555
I
170 70 0 !
.
As will be noted from Table 6.1, the allocation under CCloVSD's current CUP (11-
00249-W) is msuificient to meet the law water requirement needed to make the
Required Treatment Capacity@ 170 gpcd starting in 2018. CCWSD currently has an
application (060908-9) in to the SFW.\~D to increase the withdraw limit on the Lower
Tanuami Aquifer specified in the current CUP. vVhen this modification is approved,
the Annual Average Allocation for the permit will inclcase to 63.82 MGD, CCWSD
has anotller application (070529-12) in for a new CUP for the planned NERWTP
w~llfieJd as described in Table 4.1. When the new CUP is approved CCWSD will be
authorized to withdraw an addilional14.60 MGO from its source aquifers. Table 6-2
8*,;
Agenda Item No, 178
Februartii>.iti6~r;;9
Facilities Ce'PilCmes*,lil&s~O
shows a revised version of the CCWSD capacity analysis, taking into account the .
additional CUP allocation that CCWSD is currently pursuing.
Table 6-2. ReVised apac,tv nalyslS or
2005 2008 2013 2018
SelVlce Area Population 180.463 205,433 255,594 I 296,555
Demand Per Capita (gpcd) 170 170 170 170
I Required Treatment Capacity @ 170 gpcd (MGD) 30.68 34.92 43.45 50.41
Available Facility Capacity (MGD) 40.00 52.00 54.00 59.00
Facility Capacity Surplus (Deficit) (MGD)' 9.32 17.08 10.55 8.59
Raw Water Requirement (MGD)" 35.39 41.05 53.76 , 62.66 ,
,
Permitted Amount (MGD Annual Average)' I 56.14 63.82 63.82 78.42
Permitted Surplus (Deficit) (MGD)"- 20.75 22.77 10.06 15.76
..
C
A
. f CCWSD
, Calculated by subtracting Required Treatment Capaclty @ 170 gpcd from Available FaCility Capacity.
2 Raw water requirement is the amount of raw water need to make a certain amount of finished water. It
is calculated by dividing the Required Treatment Capacity@ 170 gpcd by the efficiency of the treatment
~rocess.
CUP based on existing pennlt (11-00249-W) and aliocation increases currently in process.
4 Calculaled by subtracting the Raw Water Requirement from the Permitted Amount.
The allocation increases currently in process will allow CcWsD to meet its supply
needs when the NERWTP comes online.
6.2 Immokalee Water and Sewer District (IWSD)
Table 6-3 shows the capacity analysis for IWSD for the 10-year planning period. The .
improvements planned by the IWSD for the 10-year planning period are sufficient to .
meet the demands of the scrvice area. However, the allocation of the underlying CUP
(11-00013-""1 does not cover the withdrawals required to make the finished water
demand.
Table 6-3. Capacltv Analysis for IWSD
I 2005 2008 2013 2018
SelVice Area Population 24,348 26,566 35,312 44,917
Demand Per Capita (QPcd) 105 105 105 105
Annual Average Daily Demand (MGD) 2.56 2.79 3.71 4.72
Available Facility Capacity (MGD) 4.50 5.60 5.60 6,60
Facility Capacity Surplus (DeficilllMGD)' 1.94 2.81 1.89 1.88
Raw Water Requirement (MGD)' 2.64 2.88 3.82 I 4.86
Permilled Amount (MGD Annual Average)" 3.36 3.36 3.36 3,36
Permitted Surplus (Deficit) (MGD)4 0.73 0.49 (0.46) I (1.50)
..
Calculated by subtracting Annual Averagevally Demand from Available FaCility CapaCIty.
2 Raw water requirement IS the amount of raw water needed to make a certain amount of finished water.
It is calculated by dividln9 the annual Average Dally Demand by the efficiency of the treatment process.
3 CUP (t1-00013-W) for 3.36 MGD annual average expires June 15, 2010.
4 Calcufated b)t subtracting t1e Raw Water Requirement from the Permitted Amount.
.
6-2
Agenda Item No. 178
Februar,l( 24, 2009
F.'. C Paae iljef'tlffl ~20
acflitles apacftles An~alysis
.
6.3 Florida Governmental Utility Authority
(Golden Gate) (FGUA)
Table 6-4 shows the capacity analysis for FGUA for the 10-year planning period. The
improvements planned by the FGUA for the 10-year planning period are sufficient to
meet the demands of the service area. However, the allocation of the underlying CUP
(11-00148-VV) does not cover the withdrawals required to make the finished water
demanded. An increase in the CL'P is being applied for as part of the permit renewal.
The increase will cover the future "ithdrawals needed.
Table 6-4. ~cltv Analvsls for FGUA
2005 2008 2013 2018
Service Area Population 13,642 14,224 15.704 17,339
Demand Per Capita (gpcd) 109 109 I 109 109
Annual Average Daily Demand (MGD) 1.49 1.55 1.71 1.89
Available Facility Capacity (MGD) 2,09 I 2.09 2.34 2,59
Facility Capacity Surplus (Deficit) (MGD) 1 0.60 0.54 0.63 0.70
Raw Water Requirement (MGD)' 1.77 1.91 2.17 2.46
Permitted Amount (MGD Annual Averaae)' 1.92 1.92 I 1.92 1.92
Permitted Surplus (Deficit) (MGD)' 0.15 0.01 I (0.25) (0.54)
..
Calculated by subtractln9 Annual Average Dally Demand from Available FaCility Capacity.
2 Raw water requfrernent is the amountof raw water need to make a certain amount oftinished water, Jt
is calculated by multiplying the population by the demand per capita raw water usage.
, CUP (11-{J0148-W) for 1.92 MGD annual average expires September 11, 2008.
, Calculated by subtracting the Raw Water Requirement from the Pennltted Amount.
.
6.4 Orange Tree Utility Company (OTUC)
Table 6-5 shows the capacity analysis for OTUC out to 2012 when it is proposed to be
taken over by CCWSD. The improvements planned by the OTUC for the 10-year
planning period are sufficient to meet the demands of the service area. However, tile
allocation of the underlying CUP (11-00419-W) does not cover the withdrawals
required to make the finished water demanded in 2012.
is for OTUC
.
2005 2008
Service Area Populalion 2,631 5,700
Demand Per Ca ita cd 100 100
~ual Ayerage Daily Dem,?nd (MGD) I 0.26 0,57
i AvaHable Facility Capacily (MGD) I 0.75 0.75
I Fac/lit Ca aci Surplus (Deficit) (MGD ~9 0.18
Raw Water Re uirement (MGD)' LO.34 0.73
Permilled Amount (MGD Annual Avera~3 I . 0.86 O'~E
I Permitted Surplus (Deficit) (MGDj' ! 0.52 I 0.13
1 Calculated by subtracting Annual Average Daily Demand from Availabla Facility Capacity,
2 Raw water requirement is the amount of raw water /leed to make a certain amount of finished water. It
is calculated by dividing the Annual Average Daily Demand by the efficiency of the treatment process.
3 CUP (11-00419.W) fDrOBS MGD annual average expires November 11, 2009.
2012
9,500
100
0.95
1.50
0,55
1.22
0.86
(0.36)
6-3
Agenda Item No. 17B
February s,,'bt7,g9fl
Facilities ca'j';a8Itre\-~AriElt~
, Calculated by subtracting the Raw Water Requirement from the Permitted Amount.
6.5 Ave Maria Utility Company, LLLP (AMUC)
Table 6-6 shows tile capacity analysis for AMUC for the 10-year planning period. The
improvements planned by the AMUC for the lO-year planning period are sufficient to
meet the demands of the service area. However, the allocation of the underlying CUP
(11-02298-W) does not cover the withdrawals required to make the finished water
demanded. It is assumed that any short comings of the CUP will be addressed by
AMUC prior to the development of the infrastructure.
.
Table 6-6. CaDacity Analysis for AMUC
2007' 2008 2013 2018
Service Area POPulation 2.924 3.886 14,985 27,255
Demand Per Capita (gped) 110 110 110 110
, Annual Averaae Dailv Demand (MGD) 0.32 0.43 1.65 3.00
Available Facility Caoacitv (MGDl 1.67 1.67 4.17 ~
Facility Capacity Surplus (Deficit) 1.~
(MGD)' 1.35 2.52 2.00 .
Raw Water Requirement (MGDl' 0.38 0.50 1.94 3.53
Permitted Amount (MGD Annual
, Averaoe)4 1.26 1.26 1.26 1.26
Permitted Surplus iDeficit) (MGD)' 0.88 0.76 (0,68) .U27)
,
AMUC began service In early 2007.
, Calculated by subtracting Annual Average Daily Demand from Available Facility Capacity.
3 Raw water requirement is the amount of raw water need,to make a certain amount of finished water. ft
Is calculated by dividing the Annuel Average Dally Demand by the efficiency of the treatment process.
4 CUP (11-02298-W) for 1.26 MGD annual average expires June 14, 2011.
'Calculated by subtracting the Raw Water Requirement from the Permitted Amount.
.
.
6-4
.
.
.
Agenda Item No, 178
February 24, 2009
Page 155 of 420
Section 7
Conservation Regulations and Practices
As the water supply in Florida becomes more taxed over time, the need to more
efficiently utilize water resources will increase. The folJow:ing subsections outline the
conservation regulations and practices utilized by each of the utilities covered under
this plan. The information provided has been taken directly from the conservation
plans approved by ti,e SFWMD and included in each utility's consumptive use
permit.
7.1 Collier County Water-Sewer District (CCWSD)
The conservation plan implemented by CCWSD is described in the utility's
consumptive USe permit as follows:
The Collier County Board of Commissioners enacted Ordinance 2002-17, which
reduced watering to three days per week (three times each for odd and even
numbered addresses), in an effOltto reduce water consumption. This ordinance also
requires that rain sensor devices be installed on automatic irrigation systems. The
Board initiated an ASR program to allow for the storage of excess water that Can later
be withdrawn to offset peak usage.
Other water conservation measures designated by the SFWMD, which Collier COWlty
has enacted include:
· Requiring low flow plumbing fixtures as part of the Unified Land Development
Code (l:LDC);
· Requiring use of xeriscaping and other drought-tolerant vegetation in portions of
the ULDC;
· Implementing water conservation rates that increase per-thousand gallon charges
as usage increasesi
· Monthly reading of all customers' meters to minimize losses from tmaccoWlted-
for water;
· An active reuse program, which delivers over 3.9 billion gallons a year of
reclainled wastewater, to reduce irrigation Withdrawals;
· Filter backwashing at the SCRWTP to eliminate water'lost in cleaning fillers; and
.
Enacted in 2003 to further promote water conservation, the Board approved a
mandatory water bigh-co:nSll.111ption surcharge, vduch is applied ,'\!hen the
s}WMD inlplements water restrictions and impacts only high-use consumers.
7-1
Agenda Item No. 178
. F8bruary 24, 2009
Page 156 of 420
Section 7
Conservation Regulations and Practices
In addition to these water conservation m"asures, the PUD and other County agencies
endeavor to educate the public regarding water cr:mselYalion thrc.ugh educational
and outreach programs. Staff members routinely conduct presentations for schools,
civic groups, homeowner associations, and otller receptive groups: Pjvision staff
pal'!icipale in events, such as "Senior E.po" and "Gov<,mmentDays." to take the
water comervation campaign to the public. Utililybill inserts and odvertising h.ve
further helped to &l'read the message. The Count)' has actively beeJl pronwting the
"Fridays are Dry Da)"5" campaign, which has become the tag !in" on commercials
~irjf\g 011 radio stations thl'Oughout Collier County. These stations were selected to
target a large number of consumers. induding those that do not speak English. The
tag line has also been utilized in several productions airing on the Collier County
Government Charmel. Public service announcements and specially produced videos
promoting water conservation also air on the County's government access television
station, Channel 11/16.
Collier County' s Water Department has made significant strides towards improving
and enhancing the efficiency of the Water Distribution System. Maintaining an
efficient system with upgraded and preventive maintenance efforts keeps unplarmed
water losses to a minimtun.
Collier County's average unaccounted-for water is currently below 10 percent, due to
aggressive water loss management practices. Specific projects the Water Department
has completed that aid in water conservation include:
· Installation of additional valves in several critical areas of the water mains to
effectively decrease isolation times in the event of main breaks. Decreasing the
isolation time results in reduced water losses.
· Mapping the entire water supply system which, in the event of a main break, aids
in reducing water loss through improved location and isolation times.
· Replacing over 100 galvanized service replacements throughout the Water District
annually. This increases rcliability of water services and reduces potential water
loss.
· As part of an ongoing replacement program, the Water Department has replaced
Over 40,000 meters in the last three years. These new meters utilize automatic
meter reading teclmology, which will increase the reliability of the meter reading
process and decrease the amount of unaccounted for water usage.
· Completing replacement projects on several substandard water mains. This
improves service reliability and fire protection capacity, and reduces [he potential
for water loss.
· Large meters throughout the County service area are tested twice per year_ This
decreases unaccounted-for vvater loss.
7-2
.
.
.
.
f\genda Item No. 178
February 24, 2009
Page 157 of 420
Section 7
Conservation Regulations and Practices
· As part of the distribution system rehabilitation program, automatic flushing
stations are installed in problem areas of the system as they are identified. This
results in the reduction of overall water loss due to required flushing to maintain
disinfectant resid uals.
· Another part of the distribution system rehabilitation program involves installing
new water quality sampling stations at ends of the system as additional locations
are identified. The increase in monitoring from theBe locations will aid in the
identification of developing water quality problems before they become critical.
Proactive monitoring results in effective reduction of water loss from high volume
flushing required when water quality problems develop.
7.2 Immokalee Water and Sewer District (IWSD)
The conservation plan implemented by lWSD is described in the utility's consumptive
use permit as follows:
Pursuant to the SFWMD Basis of Re\iew (March 1994), Section 2.6.1, Water
Conservation Plans, ..U public water supply utilities are required to develop and
impkment. water corlscr,'ationplatL Each of the mandatory water conservation
c1em""ts must exist o~ have a proposed lime frame for implementation. As mentioned
earlier, the ll'VSD was eslabl,ished urider Borida I.w and has specific duties and
quasi~gDvernmental rights. However, the authority to enact ordinances does not
reside with that District. The applicant has stated they will request that Immokalee
enact any required ordinances within a year of permit issuance. The applicant has
provided the following water conservation plan elements:
.
.
A.
Permanent Irrigation Ordinance: An ordinance which rcstricts landscape
irrigation to the hours of 4:00 p.m. to 10:00 a.m., 7 days per week, is
currently not in effect for the service area. The utility will request that
lmmokalee adopt an ordinance for the service area wilbi..'ll year of permit
issuance.
B.
Xeriscape Ordinance: An ordinance which requires the use of xcriscape
landscape principles is currently not in effect. The utility will request that
Immokalee adopt an ordinance for the service area within 1 year of permit
issuance.
c.
Ultra-Low Volume Plumbing Fixture Ordinance: An ordinance which
requires ultra-low volume plumbing fixtures on all new construction is in
effect for the service area.
D.
Water Conservation Rate Structure: The applicant has a conscrvation-
based rate struchue, which includes incrt;>asing block rates as a mCans of
reducing demands,
7.3
Agenda Item r,o. 1,B
February 24, 2009
Page 158 of 420
Section 7
Conservation Regulations and Practices
E.
Leak Detection Program: The applicant does not have an unaccounted-for
water and leak detection program because the unaccounted-for water
losses al'e less than 10 percent
.
F. Rain SeJ1$or Device Ordinance: An ordinanC<' which requires any p..,.son
who purchases and installs an automatic lawn sprinkler system to install,
operate, and maintaiJ:l a rain sensor device or automatic 5wilrh which will
''''''ITide tile irrigation system witll1he ocrurrenre of adequate rainfall is
currcnIly n"t in effect forth" ser";,,, area. -n,e utility will requcstlhat
!mmck...J"" adopt an ordin.,nc" within 1 )'ear of the permit issuance_
G. Water Comervation Education Program: TIle applicant distributes
pamphlets, makes school viJ;its, and pHlvides information booths fnr
employees and customers. Information signs, press rele.ses, and message-<
about water ,'onservation on the bill. are also utili:>;ed.
H. Reclaimed Water: Currently, all wastewater effluent is disposed of via a
spray irrigation field and percolation ponds.
,.-
7.3 Florida Governmental Utility Authority
(Golden Gate) (FGUA)
The conservation plan implemented by FGUA is described in the utility's
consumptive use permit as follow:
.
The Authority (FGUA) has an interlocal agreement witll Collier County to serve
portions of unincorporated Collier County. As such, the Authority follows Collier
County's Water Irrigation Ordinance, 2002-17, which is the District'. intent to
conserve water through irrigation schedule.. This ordinance also refer. to Chapter
373,62,F.S. witll regards to use of a rain sensor or other automatic switch which will
override the irrigation cycle of the irrigation system. Additionally, Chapter 40E--24 of
the District's rules requires residential irTigation to follow a plan of odd-even
addresses witll3 day. per week irrigation. Permitted irrigation of nonathletic playing
fields (goH courses, ball fields, lawn tennis, etc.) i. also required to follow the same
conservation practices.
The current rate structure for billing customers provides for a base facility charge and
a volumetric consumption charge, resulting in increased customer costs for higher
coru;umption. The rate structure is intended to conserve water.
The Authority's wastewater is 100 percentreused by routing the effluent to rapid
infiltration basins to recharge the ground water system.
The Authority encourages use of xeriscape practices sbn:Har to the County's xeriscape
ordinance. The Authority does not have tile ability to create an ordinance for the
Golden Gate service area, but does promote xeriscape through a public education
program. Similarly, the Authority has no plumbing ordinance for low flow fixtures,
7~4
.
.
Agenda Item No. 176
February 24, 2009
Page 159 of 420
Section 7
Conservation Regulations and Practices
but docs encourage these products through the use of public education. The public
education program consists of routine mailings of water conservation literature with
monthly customer billings, meeting with homeowner associations, school programs
with speakers and water plant tours, and participation in community events.
The Golden Gate Utility, now the Authority, implemented an unaccounted for water
loss program in 2003. Unaccounted for water loss is tracked monthly with the results
submitted annually. Leak detection services are budgeted for as part of the Integrated
Water Resources Management Plan, but are only used if wilter loss is greater manTO
percent.
7.4 Orange Tree Utility Company (OTUC)
The conservation plan implemented by OTUC is describcd in the utility's
consumptive USe permit as follows:
.
II.
.
A. Permanent Irrigation Ordinance: OTUC enforces all watering restrictions
as they are made known. This includes the District's Mandatory Year
Round landscape irrigation measures for Lee.! Collier, and Charlotte
counties (Chapter 40E-24, FA C).
B.
Xeriscape Ordinance: OTVC highly encourages the use of Xeriscape
landscaping in its service area to help reduce the need for ornamental
watering,
c.
Ultra-Low Volume Plumbine Fixture Ordinance: It is the policy of OTUC
that low volume plumbing be installed in all new service connections, in
accordance with the State building code.
D.
Water Conservation Rate Structure: OTUC is in the process of developing
a conservation based rate structure for future use, with approval from the
Collier County Water and Wastewater Authority.
E.
Leak Detection Program: OTUC will repair any system leaks brought to its
attention in a timely fashion and will also review usage for detection of
major leaks.
F.
Rain Sensor Device Ordinance: OTUC requires all irrigation systems to
have rain sensors which override new lawn sprinkler installations,
G.
Water Conservation Education Program: OTUC will distribute and plaee
on its website publie service education information as it is made available
by government agencies.
Reclaimed Water: Wastewater is being reused as a Source for golf COUrse
irrigation water at the present time, In the future, as more reclaimed water
becomes available, it will also be used for residential irrigation.
7-5
Agenda item No. 17B
February 24, 2009
Page 160 of 420
Section 7
Conservation Regulations and Practices
7.5 Ave Maria Utility Company, LLLP (AMUC)
The conservation plan implemented byAMUC is described in the utility's
consumptive use permit as follow:
.
Per Section 2.6.1 of the Basis of Review, public water supply in excess of 500,000
gallons per day require a water conservation plan addressing the following
conservation elements: Permanent Irrigation Ordinance, Xeriscape Ordinance, Ultra-
Low Volume Plumbing Fixture Ordinance, Water Conservation Rate Structure, Leak
Detection Program, Rain Sensor Device Ordinance, Water Conservation Education
Program, and Reclaimed Water Use. The following information is provided,
A. Permanent Irrigation Ordinance: One of the water conservation efforts the
Ave Maria University and Town will pursue is adoption of an irrigation
ordinance to limit irrigation water usage during the dry season. The
planned ordinance would follow watering restrictions adopted by Collier
County, including limiting daytime watering times and limiting the
number of days that lawns could be watered. The irrigation ordinance
would also likely follow an even/odd address watering system.
B,
Xeriscape Landscape Ordina.nce: The Ulliver.ity and lown of A,'e Maria
will pun'lle ~doption of an ordinance which r"mmmends the Use 01
:.eri'lCape printlpl~s in lamlscape planning fur all new conslnJction, The
ordinance would encou.rage implem""tation of "eTLGCape landscaping
practices including use 01 mulches, n.tive and drought tolerant planm, and
lim iled turf area<.
.
C. U1tra.Low Volume Plumbing Standards: The univcrsity and town of Ave
Maria will pursuc adopting an ordinance requiring ultra-low volume
plumbing fi:'\"tures:ill all new consn-uction. The standards propos~d:in the
planned Ave Maria Plumhing Code w(mid, in mosl cases, be as stringent
os the ultra-low plumbing ~tandards stipul.led in the SFWMD Water
Conservation Plan DevdopmentGuidelim,s.
D. Ii\,'ater Conservation Rate Structure: The Town of Ave Mari" plans to
utilize an inclining block rate structure ill order 10 promote water
mltserv"tion.1~esidentiaJ and commerci.lwater rates wiD consist of a
monthlycapacily cost dnuge (base rale) and a monthly commodity costs
charge (\'olume charge). The commodity costs charges will increase with
inn eased volume use. For example, residential costs increase from $1.75
per thomand gallons for und,,, $,000 gallons, to $4.00 per thousand gallons
for quantities over 3D,UOO gallons. The details and the planned watn rate
schedule have not been specHkally determined yeL
E. LeAk Delection &:. Di..tribution System 1.-osse5 Program: A leak detection
program will be implemented by the AI\-!UC if system I"""s ,'..,ceed 10
7~6
.
.
.
.
Agenda Item ~'Jo. 178
February 24, 2009
Page 161 of 420
Seclion 7
Conservation Regulations ana Practices
percent. The leak detection program will likely utilize the Rural Water
Association (RW A) somc type Icak detection equipment. System losses
may be attributable to known line breaks. The Ave Maria Utilities
Department will repair water main and service line breaks as soon as
possible to minimize and prevent distribution system losses.
F,
Sprinkler System Rain Sensor: The Town of Ave Maria will recommend
installation of rain sensor devices on automatic lawn sprinkler systems for
all new construction.
G.
Public Education Programs: The AMUC v>'ill pursue public education
programs on water conservation and community responsibility. The
program could include presentations by Utility staff, such as water
conservation topics discussed during tours conducted at the Water
Treatment Plant and Waste Water Reclamation Facility. Educational
brochures on water conservation" landscaping and xeriscape can be
distributed by the Utility offices. The AMUC could also include waler
conservation information to all customers along with monthly billing
statements;.
H.
Reclaimed Water: The most important element of Ave Maria's Water
Conservation Plan is utilization of a rcclaimed water system for irrigation.
The town i1nd university will pursue the use of as much reclaimed \'tTater
as possiblc and will likely be able to utilize 100 pcrcent of the reclaimed
water generated.
7.7
-
11
Auenda Item No. 178
~ February 24, 2009
Page 162 of 420
Section 8
Capital Improvement Projects
.
Section 5 of this plan focused on th" projects that each of the utilities have plann~d fDr
the Ill-year planning period. Attention Wlli; paid to t1le amount of wateJ made
available and when it would be made a,'allable. The following subsections present
the capital imprOVemEllf proj"cl"$ planned by ."leh utility, including the funding
source, project number, project name, and cost e.'limate for ~ach pmjecL
8.1 Collier County Water-Sewer District (CCWSD)
The most recentllsts of CCWSD water and wastewater capital improvement projects
were developed as part of the 2008 'Vater and Wastewater Master Plan Updates,
which were published in June 2008. The ""piml improv<'01ent projects pertinent to
future water supply are summarized in Table 8-1. CaVSD funds its waler and
wastewater projects from four funds: 411 - Wale, Impact Fees, 412 _ Water User Fees.
413 - Wastewater Impact Fees, and .;ll4--Wa.~tewater User Fee... Impact f""" are
utilized to pay for new supply projects, while user I\.,<,s are used to fund operations,
maintenance, and replacement uf existing f.,cilities.
8.2 lmmokalee Water and Sewer District (IWSD)
Included are approved projerls that are expected to he completed in the 2008-
2.013 fiscal )'ears. n.vSD receiv.... funding in Ihe form of USDA Rural Development
loans and grants. USDA has provided $3;000,000 in grant funding to C"Omplcle the",,,
pn>jecls. IW5D curfl'ntly dues nol charge impact fee5, and loans are repaid I\ith
waler and sewer user fees. 111e capital improvement projeds pertinent to future
\vater supply aresummarizt.~d in Table s..2,
.
8.3 Florida Governmental Utility Authority
(Golden Gate) (FGUA)
The most recent list of FGUA water and wastewater capital in1provement projects was
provided in a letter dated December 21, 2007. The capital improvement projects
pertinent to future water supply are summarized in Table 8-3. As a utility near build
out, FGUA funds its capital projects through User fees.
8.4 Orange Tree Utility Company (OTUe)
OTVC provided a summary of its capital inlprowmcnt projects in a letter dated
September 27, 2007. Table 84 summarizes the capital inlprovement pwjects for
GTVe.
8.5 Ave Maria Utility Company (AMUC)
..A:>.1'-~1UC provided a sll1nmary of its capital improvement projects in a letter dated
September 20, 2007. Table 8-5 summarizes the capital in1provement projects for
AMVC.
13-'
.
p,genda item r'~o. "i7B
Febru~lrY 24, 2009
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Agenda Ilem No. 178
February 24, 2009
Page 164 of 420
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February 24, 2009
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February 24,2009
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February 24, 2009
Page 167 of 420
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February 24,2009
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February 24, 2009
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- February 24. 2009
Page 171 of 420
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February 24,2009
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Appendix A
Interlocal Agreement Between
CCWSD and the City of Naples
.
.
Agenda Item No. 178
February 24,2009
Page 173 of 420
Agenda Item No. 173
February 24, 2009
Page 174 of 420
1 City of Naples Water and Wastewater Service .
2 INTERLOCAL AGREEMENT. ACCORD AND SATISFACTION
3
4 THIS INTERLOCAL AGREEMENT, (herein "this Agreement") is entered into this
5 day of , 2008, between the City of Naples, Florida ('City") and
6 the Board of County Commissioners of Collier County, Florida ("County"), as the
7 Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier
8 County Water-Sewer District ("CCWSD"),
9
10 ARTICLE ONE - BACKGROUND INFORMATION
11
12 1. By enactment of City of Naples Ordinance No, 2698 (passed 2nd reading on June
13 15, 1977), the City exercised its Chapter 180, Florida Slalules, power and authority to
14 extend the City's water and wastewater utility facilities into specific geographic areas in
15 unincorporated Collier County as such areas are depicted by a one (1) page map and a
16 twenty-one (21) page legal description that was attached to and made a part of that
17 Ordinance.
18
19 2. The County and the City entered into a Basic Agreement (the "BA") effective
20 October 16. 1977. The original BA addressed only potable water service from the City to
21 specified geographic areas in unincorporated County (as such areas are described by .
22 the legal description in Exhibit "A" that was attached to the BA), The following items
23 were attachments to the originai BA:
24 a, Exhibit "A" - (2 pages). Page 1 of Exhibit A is a "metes and bounds
25 legal description" of the City's Water Service Area Boundary. Page 2 of that
26 Exhibit "A" is a map (graphic) depicting the then existing geographic boundaries
27 of the City's Water Service Area.
28 b. Exhibit "B" is a 1-page map (graphic) entitled "City Franchised
29 Water Service Area."
30 c, Exhibit "C" is a 1-page map (graphic) denoted as "City Raw Water
31 Transmission Main and Supply Wells."
32 d. Exhibit "D" is a 5-page "preliminary report" (in letter form) signed by
33 Ted Smallwood on behalf of "BC&E/CH2M Hill." That Report (at Its page 5)
34 states that it is ",,, a preliminary repoli intended only 10 provide general guidance
35 to both the City and County in establishing policy for the future of the respective
36 ' governing bodies' utilities."
37
38 3, Addendum #3 to the BA addressed (for the first time) wastewater service from
39 the City to specified geographic areas in unincorporated Collier County.
40 4. The original BA has been amended by two (2) "Amendments" and by nine (9)
.
.
.
.
Agenda Item No. 178
February 24,2009
Page 175 of 420
41
"Addendums." The SA and the eleven (11) amending agreements are:
, Cltv's Author/zatlon litem's Dascrlnllon ..
I I'ffectlve Date l Annll"~hllltv
i I
City Res. No. 2783 October 16, 1977 The Basic Agreement Acllve
City Res. No. 3284 June 20, 1979 Addllndum # 1 Ad ded 2 water
metM sites
I City Res. No. 3305 August 1. 1979 i Addendum II 2 Addlld 1 water
I meter site
City Res. No. 3502 April 2, 1980 AMENDMENT # 1 .. Fully Executed
City Res. No. 84-4526 I AUDust 15 1984 AMENDMENT # 2 I Fullv Executed
City Res, No. 84-4598 I November 7 1984 I Addendum /I 3 T Active .. !
;
! CI Res. No. 86.5136
Ci Res, No. 86-5160
C' Res. No. 87.5430
City Res. No. 89-5733
Clt Res. No. 90-6117
~..RBS. No. 91-6347
November 3. 1988
December 3 1986
November 18. 1987
Februe 1 1989
Ma 16 1990
April 3, 1991
Addendum 114
Addendum II 5
Addendum 116
Addendum /I 7
Addendum # 8
Addendum /I 9
Full Ex..,uted
I Full Executed
i Fully Executed__
Full Execute~
__ Fully EXllCuted ....j
" Fully Exllcuted I
42
43 Informational Notes: The original BA agreed that the City would supply water at Ihe following four (4)
44 water interconnect locatl"ns: U,S, 41 and Thomasson Drive; Radio Road one mile north of Pine Ridge
45 Road; Pulling Road two miles north of Pine Ridge; and U,S, 41 and 91" Avenue North, Naples Park,
46
47 ADDENDUM #1 agreed that the City would supply water at the following added two (2) interconnection
48 points: Lakewood Unit #7 - Boca Cieca Drive and Marcor Drive; and Kings' Lake - Evergreen Lake Road
49 in the vicinity of Lakewood Boulevard.
50
51 ADDENUM #2 added one (1) additional water service connection point as follows: King's Lake North-
52 Eastern end 01 Estey Drive,
53
54 AMENDMENT #1 (a) amended BA paragraph 13 t" agree that the City was to quitclaim specified utility
55 facilities to the County regarding the City's water service to the BA's EXhibit B water service area; (b)
56 added a new paragraph 13A into the SA (regarding planned relocation 01 City-owned water tank) and (c)
57 amended SA paragraphs 7, 8. 11 and 21.
58
59 AMENDMENT #2 (al added a new subparagraph (h) to BA paragraph 2 {to add one additional connection
60 poinl to the City's 5 million gallon water storage tank, located at Carica Road. subject 10 the County
61 assumlng permanent water service to the geographic areas described as south of township line between
62 Townships 48 South and 49 South, outside of the City's water service area as depicted on the BA's Exhib~
63 A; (b) Amended the BA's paragraph 310 establish a rate peyment formula applicable to only BULK water
64 sold by the City to the County; (c) Amended paragraph 7 to the SA to agree that the water meter at U.S,
65 41 and Thomason Drive would remain in place and continue to be used; (d) Also amended the BA's
66 paragraph 8 10 agree that the City could limit the quantities of its supply of BULK rale City treated water;
67 (e) Deleted SA paragraphs 9 and 10; (I) Amended BA paragraph 12 to agree that the City could limit the
66 quantity of the City's supply of BULK water if the County did not commence construction of specified water
69 facilities by January 1, 1989: and (g) Amended SA paragraph 13A to agree that the County would pay
70 interest regarding specified construction costs.
71
72 Addendum #3 acknowiedged that the City Was serving (and would continuo to perm~nenUy serve) twenty.
73 two (22) geographic areas flsted therein with wastewaler service and also agreed to many specific:s-
74 regarding that wastewater service. Paragraph 7 in Adde:ndum #3 refers to than eXisting conllngencies
75 regarding possible wastewater servIce from the City to the Pine RJdgeind..mtrlal PiCrrk, (Permanent
76 wastewater service to the Pine Ridge Industrial Park j" currently being provided by the CCWSD),
77
78 Addendum #4 transferred the Pelican Bay Improvement District to the CCWSD for permanent potable
79 water service and transferred the following (as therein described) water service sites: Located on the west
80 side of Airport Road and south of Pine Ridge Road) to the City for permanent wastewater service from the
2
Agenda Item No. 178
February 24, 2009
Page 176 of 420
81 City: Bear's Paw, Poinciana Village, Poinciana School, Pine Woods, Naples Bath and Tennis, and The
82 Falls,
83
84 Addendum #5 transferred the Sutherland Center to the City for five (5) years of interim water service from
85 the City, (The CCWSD now supplies permanent water service to the Sutherland Center).
86
87 Addendum #6 agreed that the City would provide interim water service to the Pine Ridge Middle School.
8e (The CCWSD now supplies permanent water service to that schooL)
89
gO Addendum #7 agreed that the City would provide interim water service to the East Naples Community
91 Park. (The CCWSD now suppties permanent water service to that Park,)
92
93 Addendum #8 agr....d that the City would supply bulk potable water service to the Wyndemere
94 Subdivision, (The CCWSD now supplies permanent waler service to that subdivision)
95
96 Addendum #9 agreed that the City would provide interim water service to the North Naples Fire Station,
97 (The CCWSD now supplies permanent water service to that Fire Station.)
98
99 5. Only the original SA (regarding water service), and Amendment #2 (amending
100 the SA's Paragraph 3 to create a rate payment formula applicable to SULK water sold
101 by the City to the County), and Addendum #3 (regarding City wastewater service
102 including no sewer service surcharge 10 twenty-two listed geographic areas) have
103 provisions that have not been fully executed. All of the other ten (10) above-listed items
104 have been fully executed, Several of those items applied for limited time periods that
105 have come and gone.
106
107 6. Except as provided in paragraph 5, above, this Agreement cancels and
108 supersedes the SA, the two (2) amendments to the SA and the nine (9) addendums to
109 the SA. This Agreement does not affect any previously executed aspect of the SA, or
110 any amendment or addendum to the SA, such as and without limitation: (a) transfer of
111 tiUe to any real property and/or any previously executed transfer of title to any personal
112 property; (b) any prior grant of, transfer of, or any other right to use any property
113 including easements; nor (c) any prior grant of any right to use personal property, This
114 Agreement does not affect any now existing water interconnection service site, any right
115 of any water or sewer service customer or service site, or any third party beneficiary.
116
117 7, Term of this Agreement This Agreement shall continue until, if and when,
118 terminated in writing by the City and the County.
119
120 8.
Amendments to this Agreement This Agreement shall be amended only by
.
3
.
.
.
.
Agenda ttem No. 178
February 24, 2009
Page 177 of 420
121 written amending agreement(s) executed by the City and by the County and which shall
122 include the following example (title): "This First Amending Agreement amends the 2008
123 City of Naples, Collier County Interiocal Agreement - Accord and Satisfaction," The
124 Second Amending Agreement shall be titled "This Second Amending Agreement.,.."
125
126 9. Successors and Assigns. This Agreement shall be binding on the successors
127 and/or assigns, if any, of the City, the County and/or the CCWSD,
128
129 10, Definitions, "Complex" refers to the County Courthouse Complex, "County"
130 means "Collier County," "CCWSD" means "the Collier County Water-Sewer District."
131 "Imputed sewer service gallonage" means the quantity of sewer service gallonage
132 determined by a percentage of water supplied by the City to the respective service site
133 or service geographic area, "Horseshoe Drive Areas" refers to the South Horseshoe
134 Drive Area/Collier Industrial Park, plus the Coconut River Estates Area (in residential
135 use), and plus the River Reach Area (in residential use), "In-City rates" means City
136 water service rates and/or sewer service rates that do not include any surcharge, "Out-
. 137 of City rates" means City water service rates and/or sewer service rates that can include
138 the City's discretionary 25% surcharge, "Meter measured gallonage" refers to the
139 gallons of water and/or sewage gallonage measured by a water meter or sewer flow
140 meter. "School site" refers to the Shadowlawn Elementary School site. "Sewer" and
141 "wastewater" are synonymous, "Surcharge" means the City's Subsection 180,191(1)(a),
142 Florida Statutes, twenty.five percent (25%) surcharge.
.
143
144 ARTICLE TWO
145
146 CITY'S EXISTING WATER AND SEWER SERVICE
147 TO UNINCORPORATED AREAS OF COLLIER COUNTY
148
149 1. CITY'S EXISTING WATER SERVICE AREA BOUNDARIES IN
150 UNINCORPORATED COLLIER COUNTY. The geographic boundaries of the City's
151 existing water service areas in unincorporated Collier County are depicted in Exhibit
152 "_" attached to this Agreement. Pursuant to this Agreement, the City shall continue to
153 provide those water services to those geographic areas,
.,j 186
187
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216
At 217
Agenda Item No. 178
February 24, 2009
Page 178 of 420
rates to be applied by the City to the School site, Applying the City's then generally
applicable sewer service rates, the City shall collect and retain all of those revenues.
D. Sewer Gallonaae Imputed to the School site. Each billing-cycle the sewer
service gallonage to be imputed to the School Site shall be fixed by applying 100% of
the City's metered water gallonage supplied to the School site.
E Quantitv of Sewer Service ImouteCl to the Complex - City's in-Citv sewer
service rates, The sewer service gallonage to be imputed to the Complex shall be fixed
by 100% of City meter measured gallons of only the "net potable wate!" supplied to the
Complex each City billing-cycle, The following City supplied water shall be excluded to
calculate the sewer service gallonage imputed to the Complex: City water for irrigation;
City water for use by the County's cooling tower, and (3) City water for other future
water uses. if any, if that water will not increase the sewage gallonage coming from the
Complex (into the CCWSD's sewer system), The City shall apply its generally
applicable In-City sewer service rates to the Complex (no sewer surcharge), For these
sewer rate purposes the Complex shall be treated as if it is (and remains) wholly within
the City's geographic boundaries,
2. THE HORSESHOE DRIVE AREAS: WATER AND SEWER SERVICE TO
THESE AREAS; SEWAGE EQULlIZATION TRANSFERS FROM CCWSD TO CITY.
A. Sewer Service to the Horseshoe Drive Areas. The CCWSD has been providing
sewer service to the Horseshoe Drive Areas. And by agreement with the CCWSD,
applying the CCWSD's sewer service rates, the City has been collecting these revenues
and has been remitting those revenues to the CCWSD. The City Shall continue to
collect those revenues from the customers in the Horseshoe Drive Areas and shall
continue to remit those sewer service revenues to the CCWSD, By means of the
sewage equalization transfers (See Paragraph F, below), and that the School
administration shall pay the City for the sewer service gallonage imputed to the Schaal
site (as invoiced by the City to the School site), and that the County shall pay the City
for me sewer service gallonage imputed to the Complex (as invoiced by the City to the
County), the City will thereby be paid in full for the sewage equalization transfers
delivered to the City through the Horseshoe Drive Interconnection (the net result being
6
i:erYl i\!o. 17B
F~:d)fL;3r~ ..:'~4 ~~?9
P3;}8 i(';:10I"-l20
218 the same as if that sewage gallonage is delivered to the City's system from the Complex -.,
219 and from the School site),
220 B, Horseshoe Drive Interconnection. This interconnection point is located near
221 the southwest corner of Airport Pulling Road and North Horseshoe Drive (The location
222 is depicted on Exhibit "_" attached to this Agreement), The County has installed a
223 sewage flow meter at this interconnection point. The CCWSD shall continue to own,
224 maintain, repair, and if necessary, replace the flow meter.
225 C, Sewaae Eaualization Transfers, The intent of this Agreement is that, as
226 measured by the sewage flow meter at the Horseshoe Drive Interconnection, the
227 CCWSD will control the sewage gallonage delivered from the Horseshoe Drive Areas to
228 the City's sewer system. From time-te-time, usually after every two (2) City billing-
229 cycles, the metered measured City water imputed to the Horseshoe Drive Areas shall
230 be compared to City water imputed to the School site and the net potable water
231 supplied to the Complex, to check the accuracy of the sewer flow meter. The Sewage
232 Equalization Transfers shouid not exceed plus or minus ten percent (10%) of the City
233 water imputed to the School site and the net potable water imputed to the Complex,
234 D, Reimbursement Pavment from Countv to Citv reaardino the Horseshoe Drive (
235 Interconnect. The CCWSD has expended $138,159.25 to interconnect a CCWSD.
236 owned wastewater force main to the City's wastewater facilities for delivery of sewage
237 into the City's wastewater system from the CCWSD andlor from the City's system into
238 the CCWSD'S system during emergencies. The CCWSD managed and paid for that
239 work and the City paid the CCWSD already incurred costs of $50,935.62. As this
240 interconnection is not to be limited to emergencies, the County will promptly remit this
241 $50,935,62 to the City.
242
243 3, COUNTY TO PAY TO THE CITY A ONE TIME FEE REGARDING CITY'S NET
244 ADDITIONAL LINEAL FEET OF CITY.OWNED WASTEWATER TRANSMISSION
245 FACILITIES. For the purposes of this Paragraph 3, it is agreed that the lineal feet
246 distance from the Linwood Avenue Force Main interconnection into the City's
247 wastewater system, and running out to the City's wastewaier treatment plant, is 9,529
248 lineal feet, and that the lineal feet distance from the Horseshoe Drive Interconnection,
249 running out to the City's wastewater plant, is 10,514 lineal feet. Therefore, the resulting
,.
7
.. 250
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~ 266
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280
.- 281
Agenda item No. 178
February 24,2009
Page 180 of 420
"net additional length" of these City-owned sewer transmission facilities equals 985
lineal feet (10,514 lineal feet minus 9,529 lineal feet), For each calendar year of this
Agreement, and not later than January 31 of each such calendar year, the County will
prepay the City $ to reimburse the City for a fair share of its operation and
maintenance costs regarding this net additional length of 985 lineal feet and the
CCWSD's use thereof. jf the net additional length should change more than plus or
minus one hundred (100) lineal feet, such changed lineal feet length shall be agreed
upon and the dollar amount of this fair share fee shall then be adjusted pro-rata. The
path of these City-owned sewer transmission facilities are depicted on a Exhibit "_"
attached to this Agreement
4. LINWOOD AVENUE FORCE MAIN QUIT-CLAIMED TO COUNTY. Only the
Complex and the School site (until such service is transferred from the City's system to
the CCWSO's system) are supplied with sewer service through a six-inch (6")
wastewater force main, referred to in this Agreement as the "Linwood Avenue force
main." This force main is now of insufficient size to comply with the Florida Department
of Environmental Protection's requirements applicable to transfer of the current
combined quantities of sewage gallonage from the Complex and the School site to the
City's sewer system. This force main shall not provide any service to the School site, to
the Complex, nor to any other site after the Complex and the School site are
disconnected from this force main. There is doubt regarding ownership of the property
title to this force main. To remove this doubt the City hereby quit-claims to the County
(not the CCWSD) all rights, title and interests the City has or may have in this force
main. The City shall retain title to the associated lift station located at Commercial
Boulevard and Davis Boulevard. At the County's discretion, some or all of this force
main (but not the City's lift station) may eventually be removed from the ground at no
cost to the City. The location of this force main and lift station is depicted on Exhibit "_"
attached to this Agreement.
5, CITY'S UTILITY BILliNG ORDINANCE. The City's water and wastewater billing
cycle rates are determined by applying the City's generally applicable utility billing
ordinance (currently Ordinance No. 94-7187). Section 30-36 in Ordinance No. 94-7187
B
Agenda Item No. 178
February 24, 2009
Page 181 of 420
282 reads; "The rates charged by the city for water furnished to customers shall be set forth ....
283 in appendix A to this Code: Subsection 30-164(a) in that Ordinance reads: "(a)
284 Purpose, It is the purpose of this section to provide for the recovery of costs from users
285 of the city's wastewater disposal system for the implementation of the program
286 established herein. The applicable charges and fees shall be as set forth in appendix A
287 to this Code." Each City billing-cycle comprises approximately sixty (60) consecutive
288 days. The City's current billing-cycle sewer service rates are listed on a one (1) page
289 schedule entitled "CITY OF NAPLES WASTEWATER RATES." A copy of this schedule
290 is attached to this Agreement as Exhibit "_: The City's sewer service rates determine
291 the customers' billing-cycle invoiced wastewater rate by (1) the applicable "base charge"
292 (determined by the size of the customer's water meter) plus (2) a "per 1,000 gallons"
293 charge that applies to the meter measured City water supplied to the customer's service
294 site during the respective billing-cycle. The "per 1 ,000 gallons" charge does not apply to
295 gallons of water that exceed the maximum imputed gallons of water determined by the
296 size of the water meter.
297
298
299
300 The City and the County agree that this Agreement sellles and forever resolves any and
301 all claims and disputes of every description that each party hereto had, may have had,
302 now has or now may now have, against any other party arising out of, or associated
303 with, the 1977 Basic Agreement (the "SA") and/or either or both of the SA's two (2)
304 amendments. andfor any of the SA's nine (9) addendums, inciuding with regard to any
305 and all utility rates, fees, charges, surcharges, impact fees, water andfor wastewater
306 service, water and/or sewer pressures, water quaiity, all service area boundaries, and
307 otherwise.
ARTICLE FOUR - ACCORD AND SATISFACTION
('
308
309
310
311 The Exhibits attached to this Agreement are;
312 1, Exhibit A-
313 2. Exhibit B -
ARTICLE FIVE - EXHIBITS ATTACHED TO THIS AGREEMENT
,..
9
~
~
..
Agenda Item No. 178
February 24, 2009
Page 182 of 420
314 3. Exhibit C-
315 "ETC."
316
317 IN WITNESS WHEREOF, the County (including the Collier County Water-Sewer
318 District) and the City hereby enter into this Interlocaf Agreement _ Accord and
319 Satisfaction, this day of , 2008,
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
ATTEST:
CITY OF NAPLES
By:
BY:
City Clerk
Bill Barnett, Mayor
Approved as to form and legal SUfficiency:
By:
Robert D, Pritt, City Attorney
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY
WATER.SEWER DISTRICT
By:
JAMES COLETTA, Chairman
Approved at to form and legal sufficiency:
By:
Thomas C, Palmer,
Assistant County Attorney
10
.
Appendix B
Agreement for Potable Water Service
Calusa Island Village (Goodland Area)
.
.
P,C1S:1da ::sm No. 178
~ F~:bil_:3ry ~4, 2ClC9
Pa'J8 1<33 of 420
Aaenda Item "0. 178
~ F~brLlary 24, 2009
pal1bo~2
.
AGREEMENT FOR POTABLE WATER SERVICE
CALUSA ISLAND VILLAGE (GOODLAND AREA)
-th
The effective Date of this Agreement is the Cf -day of March, 2004,
__n_
::;;1:&
- a= _..
THIS AGREEMENT FOR POTABLE WATER SERVICE to be provided by the Count~ :; i!
-
to the Development Site is between the Board of County Commissioners of Collier County, g iiI
Florida, as the Governing Body of ColJier County, as the Ex-Officio Governing Body of the :!; I
-
Collier County Water-Sewer District and the Goodland Water District hereinafter (the "County") i
and Calusa Island Village, L.e., a Florida Limited Liability Company ("Developer"), One
primary purpose of this Agreement is to contract with the Developer to grant to the Developer
ten (10) years to recover some of its costs if and when other specified Iot(s) or parcel(s) ofland
eOlUlect to the subject system.
RECITALS
WHEREAS, Developer requests the County to supply potable water to and for the
Deveh'pment Site (which Development Site land area is described in Exhibit "A", attached
hereto); and
WHEREAS, the proposed Development is in need of a supply of potable water from the
County to the Development Site, The total anticipated water demand from the Development Site
may not be available from the now existing Goodland water utility facilities, and these facilities
may have to be rehabilitated, renewed and/or upgraded before the County can provide the total
potable water demand required by the Development Site; and
WHEREAS, all lots except those noted in the Chart (page 4) are grandfathered against
reimbursement to Developer and each such lot has a claim to water capacity from the facilities
that is superior to the reserved water rights of the Development Sitc, and one (I) Or more of such
vested Jots/parcels could possibly request water service from these facilities anytime during the
ten (10) year reimbursement time frame: and
WHEREAS, County shall supply the subject potable water to the Development Site by
purchasing potable water from the City of Marco Island pursuant to as~ignmcnt to that City of a
former agreement between the County and a private utility, Florida Water Services Corporation
(FWSC). The City afMarco Island has recently purchased the Marco Island Utility System fwm
FWSC and as a result the source of the subject potable water is now and is anticipated into the
foreseeable future to be that City; and
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Agenda Item No. 178
February 24, 2009
Page 185 of 420
OR: 3518 PG: 1802
16C2
WHEREAS, before the total demand of the subject potable water can be supplied by the
County to the Development Site, the Capital Improvements described in Exhibit "B", GoodJand
Water Booster Pumping Station Upgrade - Phase I, from Greeley and Hansen, (attached hereto)
mayor may not have to be completed, depending of tbe extent, if any, that vested lots may
request service and the fact that the total actual excess capacity in the existing facilities has not
been quantified; and
WHEREAS, Developer agrees to pay all project costs associated with design, permitting
and construction of the growth components of the Capital Improvements (the component parts of
which are described in Exhibit "B", attached hereto) to enable the County to pro~ide adequate
pressure, quantity and quality of potable water by improving the current facilities to meet the
(increased) build-out demands of the Development Site (current and future uses), which
maximum average daily demand is projected by the Developer to approximate but not exceed
sixty-eight thousand three-hundred and thirty (68,330) gallons per day (GPO) and an anticipated
average daily demand of 10,400 GPD for Calusa Island Village; and
WHEREAS, Developer and County estimate that the projected costs of design,
permitting and construction of the gro,",th portion of these capital improvements will total
approximately $173,200, and may exceed that sum, but Developer's obligation under this
Agreement shall not exceed $200,000; and
WHEREAS, the total, actual costs sball be advanced to the County by Developer
according to the payment schedule specified herein; and
WHEREAS, the total of these costs shall be adjusted as appropriate (by mutual
agreement of the parties) based upon detemlination of the final, actual costs; and
WHEREAS, if at anytime within ten (10) years from the effective date of this
Agreement, any representative of any non-vested lot(s) or parcel(s), identified below in the Chart
(page 4) (the legal descriptions of which are in Exhibit "C" attached hereto), applies to the
County (or later possibly to the City) for any County authorization and the respective County
approval will require that the respective non-vested lot or parcel will require water service from
the subject water system, a pro-rata share shall be applied to each such non-vested lot or parcel
of real property and the Developer sball be reimbursed by the landowner (or representatives of
the landowner) prior to the County providing water service to the respective non.vested lot or
non-vested parcel of land, It is possible that within the ten (J 0) year reimbursement time frame
.
.
o
Agenda Item NO.1 f'B
February 24, 2009
OR: 351<<apt1818fojo
16C2
the subject facilities and service area may be transferred by the County to the City by [nterlocal .
Agreement, [n that event the County shall make such transfer subject to tltis Agreement; and this
Agreement shall to the greatest extent allowed by law shall be binding on the City during the 10
year reimbursement time frame; and
WHEREAS, the applicable payment shall be detennined by the future estimated average
daily water demand for each non-vested lot or parcel, and shall be paid by the respective non-
vested propeny owners directly to the Developer for the purpose of reimbursement to the
Developer for such property's pro-rata hydraulic share of the Capital Improvements paid for by
Developer under this Agreement. It is not anticipated that any non-vested lot/parcel will be
eligible for water service from the subject utility facilities, but in the event that any non-vested
10t(s)/parce[(s) listed in the Chart (\\bich are described in Exhibit "C") should be eligible for and
require water from the subject facilities, that parcel must pay to Deve[oper the app[icable pro-
rata hydraulic share of the improvements in accord with the Chart subject to aajustments
determined by the final actual costs; and
WHEREAS, no such County approval with regard to any non-vested lot or non-vested
parcel of property shall be vested L1nless and until County staff is convinced that the applicable
reimbursement has been received by Developer. The County shall not operate as a collection
agent. Although County "ill administer this Agreement in good faith, the County shall not be
liable to Developer or any other individual or entity in the event that any reimbursernent(s) islare
not paid to Developer; and
WHEREAS, no such application received by County staff after the ten (10) year
annivel"\'ary of this Agreement shall require any non-vested lot or parcel of land to make any
.
reimbursement to Developer pursuant to this Agreement; and
WHEREAS, the amount of reimbursement money to be paid by each respective non-
vested property shall be the total future contribution calculated on the basis of $2,53476 per
gallon per day average daily water demand (based upon the estimated $173,200). The amounts
calculated below are estilllated to be
3
.
OR:
Agenda Item ~h l7B
February 24, 2009
Page 187 of 420
3518 PG: 1804
16C2
.
Chart
Area f Property of the Non- Future Estimated Future
Vested LotsfParcels Average Daily Contribution for
Water Demand Growth
Comoonent
Calusa Island Villa~e 10,400 god $ 26.361
Calusa Island Marina 18.200 ..nd $ 46.1 33
Palm Ave, Tract 2,930 lmd $ 7,427
Future County Park _.. i 8.000 lmd $ 20,278
"Moran Condos (48 units) I 28,800 2nd $ 73,001
, 68.330 I!Pd $173.200
Totals
I
! --".--" I
I
I I I
.
Only each above-listed non-vested 10Vparcel must pay to the original Developer its respective
pro-rata share of the actual total costs for the subject Capital Improvements in the event that the
respective non-vested lot/parcel is to have access for service from these utility facilities, The
applicable pro-rata share shall be allocated to the Developer in relation to the original contribution
as adjusted by mutual agreement ofthc parties, as appropriate, to reflect the tinal actual costs; and
WHEREAS, the Developer shall be eligible to be reimbursed its actual expenditures for
the specified items. which, as specified in this Agreement, shall not exceed $200,000; and
WHEREAS, the entire Developer Site must connect to thc County Water Facilities upon
completion of the Project, subject to payment to the County of aU then applicable charges related
to water meters, tapping charges and other generally applicable charges for such service; and
WHEREAS, with regard to thesc capital improvements, the County shall not impose any
water or wastcwater impact fees against the Development Site; and
WHEREAS, Developer has accepted the terms and conditions in this Agreement as part
of the County's review and approval of the Developer's land use petitions,
.
.;
,il,genda Item No. 17B
February 24,2009
OR: 351~lC!81aWo
l~C~
WITNESSETH
NOW, THEREFORE, the parties hereto agree as follows:
1, The above WHEREAS Clauses are incorporated herein as if set out herein.
2, The Developer agrees that the County shall design, permit, and construct the
Capital Improvements to the Goodland potable water facilities as needed to
upgrade the County's existing water system as described above, with the
Developer funding the groMh portion of said costs, and Developer agrees 10
connect the Development Site to the County's existing water utility system, at
Developer's sole expense and at no cost to the County,
Pro-Ralll Reimbursement to Develoller for Later Pbvsical ACCe55 to the
ClIpital Imnrovements. Representatives regarding each non-vested lot or non-
vested parcel of land, if any, that requires water service from these Capital
Improvements shall be required to pay its pro-rata reimbursement to the
Developer if, within (10) years from the effective date of this Agreement, a
representative for one or more below-described lot(s) or parcel(s) of land then
requires water service from these Capital Improvements, and at any time within
this ten (10) year time frame applies to the County for any permission or approval
that will require the respective lotes) or par.x:l(s) of land to connect into the
Capital Improvements for water service.
The potable water service to the lands within the Calusa Island Village
("Development Site") shall be connected 10 the C()Wlty'S potable water utility
system at a connection point approved by the County,
Developer shall be allowed thirty (30) days to review and comment upon the
reasonableness of the proposed project budget and specifications,
Subject to adjustments as specified, the Developer shall make a payment of the
estimated amount ($173,200) to the County in exchange for the County providing
potable water service at adequate pressure, fire flow, quantity and quality of water
for service to the Development Site. Subject to adjustments as specified, this
estimated sum of$173,200 shall be paid to the County as follows:
3.
.
4.
5.
6.
5
.
.
.
.
/-\c-18nda Item I~O. 17B
~ r:ebruary 24 2009
P,Jge 189 of 420
OR: 3518 PG: 1806
7.
Eighty-six thousand six hundred dollars ($86,600) shall be delivereJt06 C C.
staff within thirty (30) days of execution of the Agreement by the
Chairman of the Board of County Commissioners; and
The remaining unpaid balance shall be delivered to staff before any
Certificate of Occupancy is issued with regard to the Devclopment Site, If
the final, actual-costs are NOT known at that time, the second installment
payment shall be $86,600. If the final costs are known at that time and
lotal less than $) 73,200, Developer shall pay such smaller balance due. If
the final actual costs exceed $173,200, the Developer shall pay the
remaining balance up to, but not to exceed, a total of both payments of
$200,000, If Developer's costs (now estimated) are less than $) 73,200,
the difference shall be reimbursed to Developer within thirty (30)
workdays after those actual costs have been finalized.
Although the Developer desires that the subject potable water be available to
senre the Development Site not later then October ], 2004, the County cannot
make a finn promise to meet that date or meet any other estimated deadline date.
However, the COWlty will proceed in good faith to try to provide senrice to the
Development Site as reasonably possible, To the extent that effective scnrice can
be provided to tbe Development Site from the now existing facilities, and subject
to priority of vested lots, and notwithstanding completion of the subject capital
improvements but subject to the Developer paying the applicable fees to tbe
County as scheduled, Developer sball be allowed to make connections to the
subject water system and receive the concurrent applicable Certificates of
Occupancy,
The Developer will pay all costs associated ,,,,th installation of water meters and
water tapping charges by the County as applicable at the date of connection oftbe
Development Site to the County's potable system.
'The County and the Developer agree that, to the greatest extent allowed by law,
all the tenns, covenants and conditions herein contained are and shall be binding
upon their respective assigns or other transferee(s) of this Agreement, including,
a.
b.
8.
9.
with regllfd to the County, the City of Marco Island should within the ten (10)
6
Agenda Item No. 17B
February 24,2009
OR: 351fapG:9i8tl1o
16C2
year reimbursement time frame, this system is sold to or otherwise transferred to .
the City of Marco Island by lnterlocal Agreement. In such event the County will
expressly make such lnterlocal Agreement subject to this Agreement to be
binding on the City to the greatest extent allowed by law.
10. If either party (successor, assign or transferee) desires to give notice or to make
any tender to the other party hereto, such notice or such tender must be in writing
and shall be deemed deiivered when actually received by the other party via hand
delivery or by delivery through the United States cenified mail, return receipt
requested, and addressed to the party for whom it is intended as follows:
Collier County Water-Sewer District
Attn. Public Utilities Administrator
3301 East Tamiami Trail, Building H
Naples, FL. 34112
'* *" . .. ...
II.
Calusa Island Village
5130 Main Street, Suite 6
New Port Richey, Florida 34652
Copy to: Leo J. Salvatori, Esq,
4001 Tamiami Tmil North, Suite 330
Naples, Florida 34103
Nothing herein shall be construed to prevent either party from changing above-
stated place in Florida to which subsequent notice should thereafter be addressed,
but no such notice of change of address shall be valid unless given in accordance
with the terms of this paragraph 10.
Failure of County or Developer to comply with any provision of this Agreement
shall be sufficient basis upon which the other party may terminate this Agreement
except to the extent, if any, that such failure or delay(s) have been caused by Act
of God, war, strike, fire, flood, weather, lack of supplies, breakdown or shutdown
of equipment, failure and capacity of transportation facilities, or any law, rule or
regulation, or order or action of any court or agency of instrumentality of any
goveminent, or any i)ther cause beyond the control or the party hereto responsible
for or charged with such failure or delay. However, the nature of this Agreement
requires both parties, and their successors arid/oi transferees. must administer this
7
.
.
Agenda item No. 17B
February 24,2009
Page 191 of 420
OR: 3518 PG: 1808
.
Agreement in utmost good faith and that termination of this Agreement Shaut P C 2
last resort remedy.
IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective
authorized offices, have caused this Agreement to be duly executed as of the day and year first
above issued.
'~~~rn:s~' ,~~~
7c-\'<.-I'\,,~- \.\. \)~'J'i.
(L.S,)
.
STATE OF FLORIDA)
COUNTY OF COLLIER)
ACKNOWLEDGMENT
, ~f<l~~R(
The foregoing agreement was acknowledged before me this tq"'- day of :fmttmry,
200:!..~by ROBERT M. REED, II, as Manager of the ,Island Village, L.C" who is
0~_n~ly~"""""kno,,m to me OR as Identification;
. . --
rnlJ.SJiLVATOFI
1 I.IYOOllMISSlDli'D::ge7192
l\~le,<tt~
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Typed, printed or stamped name of Notary Public
BOARD OF COUNTY COMMISSIONERS
OF COLLlE .aUNTY, FLO DA
,O.L13y;
.
8
Assistant County Attorney
9
J\genda item No. 17B
February 24,2009
OR: 3518 'PO~ 11809420
16C2.
.
.
Agenda Item No. 17B
February 24,2009
Page 193 of 420
OR: 3518 PG: 1810
.
EXHmITS FOR CALUSA ISLAND VILLAGE AGREEMENT 1 6 C 2
Exhibit "A" - Development Site - Calusa Island Village, [Attached]
Exhibit "B" - Capital Improvements. [Attached]
Exhibit "e" - Legal Descriptions of the K on-Vested Lots (listed in the Chart), [Attached]
.
.
10
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TBIS '"lIlUwrn llDD 1M". thi8 ..11al;.. 4a)' of lle~ober, 20110, by
tJt'V"d'n'..II'!)~ '!1iJr!,.. 1I .1D'1"~da. t!lft~AtialL ha%e!.nI.ft;e);' c:all.d the
G%a:D.tcr, to ~:a,..MPI!Ii :>>UIt"II. L~L.~. ~ IIfn 711fnt'lot. I,.fwrtt..ed ,..iIlh111t:y
~nv .mo.se pOst af'fLce ~a. .i. 655 Cenb!r ROIId... PrlLllk-furt..
:IL 60<<23. bareieafter called the Grantee,
10-''1""110 nae the Grater, Io>:.and ill CQOJIlden.UOA at the
8Ul1l of $10. Oil and or:her valuable COlUlidentiCl1B, mceipt ~o! 1s
hereby lIcl::acwledged, hereby grants, bargains, sell II , aUena,
r';'8es, releases. c""rn,,,ys mulco.nfiXlllB .....to th. G:nlutee 1111 tbac
cez:tain la%I4 81tu&t.. in Collie:t- Cow:lty, Stat. of ner1da. vi..,
SD BllItIIIIT 'A" Aftl\ClIBD IIJ1:RR'fO I\IID %IlCOUOIA'nlD IIUIWI
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~!Id J:Iy ;rw_tal Alll:horitl" OlItllt:andiDg 011,. gQ GIld
..fft....t ~~Ii cd! ...cord, 11 lillY, :reJItri<:tians and
...,~t8 COlIIIllIIl to the IlIlbd.iviB1Ol:l, and Old val<>r1!&l real
&>";~Ly t-. .cc:u1as nheequeut to llectIIlibe1' 31, 111P!I.
zo.......a... with all l:a-a l:a, headitamel1tB end eppurcenances
the-etQ M'....g1.rJg or in 8XIywi.. apJperta:!nfng.
'lO RAW AIm '1'0 BOW. the _ in ~_ Bi"'li'l,. ~e..ever.
JlliD the lirll.1:ltor ~eby covena:nte vit1J ..aid <l1'cJtee thac the
GaJ>torll iB lawfully IInze4 of said' lAIld in ~.. a1lllple; Chac the
Gn.ntor haa SIood dght aDd lawful authority t.o ..,11 all4 convey Il~l.d
IlIAd. aDd h~ wa.rranl:lll the tid., co .ulOid and .....s wUl dil~elld
tb8 ....",. agB11l.llt. the lawtul claims of &11 pft'l1(lN vbOlUoever; l1Il4
tlIiI c aid land ill free of all enC1ll1lbrancn, e>ccept t....... accl:"\11ng
Bub8e;uent to Decembe.. 31. 1999.
J I POOR QUALITY ORIGINAL If
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Agenja Item No. 178
February 24, 2009
Page 201 of 420
ExlUBIT C 16 C ')
PAGE 6 or 14 .' {
.
tDI: 27ft PG: 0&75 .
:IN Ifl'l1lBSS WIl!IRIi:OF, the sa.i.d Grantor has eignecl lC:ld seale4
these pr..ents the day and Y9t first above written.
GOOl)LIIND, me",
. Plorida CD)P<>rIlti"l1.
: / ~ ,'/ -
BY, ' . , L'.._
J.E. 'CUro1e, as i~lI
Prestden t
r.O. .BOX' 1''':;
Good:1l1nd. P1J"'lt'"tda ~41.0
Post Of tic II Aclclreas
(Corpor<lce Seal)
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STATE OF '" ........,'".
comny or cot..'LID
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The fort:9t>ing ~rument we aclmowlqed before 11I8 this
'3/ dilly 01: ,'.7". -. , 2000. by J.B. CUrci., .... l'%'esident
of OOOOLIUIll, me_, II Plorida t!OrpOZ'lltiOZl, who is~ly ~
to 111I Dr who ball proClucsd _ ____
_as identification.
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Agenda Item No. 17B
February 24, 2009
Page 202 of 420
EXHIBIT cIS C2
PAGE 7 OF 14 '
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EXHIBrr"A."
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To 4fldctrCt:dll:Jilrul~~~g Itbdkht~Ua INI'UtuJO'IIo'IFCotJicr., S.c:fC
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The upland porQClQ ora pIlIl:cI of!alld l)'ioa ill T~.z. ofBlocIr. uY",
GOODLAND ISUS,l!Sm:orded mPlat Book6. ~7, PubJic.Rcconls of
Collkr Cowu;y, Florida.
Beginofug III tQe Sowb.-.- ~ of!.ot24,GOODLAND ISW, F.lRSl'
ADDmON.llS~InPlslBook B.Pap I, of'rhe.Publie~ of
Ccllic.rCouaty, Florldr; ~Soutb. 16 ~06'I7"W_cU.Ollfeet 10
the poiatoC ~(lf a c:i'n::llIarClltVe 1l11IlC'lV.!fto lbeNGrtliwestIlBviug a
radius ofSO_OO fed; lllCIII:uIOllBlW: lI:l1l ofraid. CIne to dIIlrisbt fin
Al~ of.23..2lli1etdna~~af26 ..."'- 3S'G"; 'DlIa:o
South 15 dt:cr=s"44'47"<27.18&a; 'l'M:nce SDI11h 16 de&raesIl6'l7"
West 94.03 fio.et; ~'SclutftS5 ~38'23l'~21&A7 ~TheDee
NOI'Ih 16 ~Ol5'l7"Eli\\1t29SA3 f:e..U.ot!ie,poiutofCUl",oofa
q~ -_to_ SowlI.!"=lhDi.qa.lUiiisof'lOCl.OO filer;
Thcm:c akllI&flell:l1lalli'id ClUVetotfia loa lilr'a distimc.. .oClBIAI &let
throa ~auglcotl04~OO'OO"j l:hl:occNlll:1iin dC&reesS3'43"
wi..st 111.28 file:; Th~Somh 02 dean- 06"17" W=sc: 95.00 feet to llu::
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February 24, 0", JZ.
Page 205 . I , -.
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February 24, 2009
Page 206 of 420
EXHIBIT, C
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Time: 11:02 AM To:
Page: 003-005
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Aaenda Item No. 176
~ February 24,2009
Page 208 of 420
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Agenda Item No. 17B
February 24, 2009
Page 209 of 420
EXHIBIT C
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;\qenda Item No. 17B
- February 24, 2009
Page 210 of 420
Cc:
valera_c
Wednesday, January 21, 2009 9:06 AM
StrainMark; ReedCaronDonna; Midneypaul; KolflatTor;
SchifferBrad; HomiakKaren; MurrayRobert; VigliottiRobert;
WolfleyDavid; 'eastmath@collier.k12.fl.us'
SchmittJoseph; DeLonYJim; CohenRandall; GramatgesPhil;
wides_tom
FW: CCPC Question on raw water capacity
From:
Sent:
To:
Subject:
Commissioners,
Per your request, find below the explanation for the difference between Table ES-2
(page ES-4 of) and Table 5-3 (page 5-6) of the 1 O-Year Water Supply Facilities Work
Plan.
CAROLINA VALERA
Principal Planner
Comprehensive Planning Department
Community Development & Environmental Services
Collier County Government
T:239.252,8498 F:239,252.2946
From: GramatgesPhil
Sent: Wednesday, January 21, 20098:52 AM
To: valera_c
Cc: CohenRandall; Delony-Jim; wides_tom
Subject: CCPC Question on raw water capacity
Carolina,
I have reviewed the apparent discrepancy in raw water requirements between table ES-2 and
table 5-3 in the 10-yr. Water Supply Plan.
Table ES-2 is addressing the raw water needed to satisfy the expected demand based on the
total population and a level of service of 170 gpcd. The raw water requirement is therefore
derived from the required treatment capacity of 50.41 MGD (third line in the table) not from the
available facility capacity of 59 MGD (fourth line) as Mr. Strain assumed.
Table 5-3 is addressing the raw water that would be needed to supply the facilities at their total
design capacity and is therefore derived from the design capacity of 59 MGD.
The efficiency of the process is slightly different in both calculations because we have two
different processes in each water plant with different efficiencies and we will use the most
Aoenda item No. 176
~ F~;buary 24. 2009
Page 211 of 1~20
efficient process to capacity first. Consequently the efficiency utilized for the calculation in table
ES-2 is slightly better than that in table 5-3.
Would you please forward this explanation to the members of the Planning Commission as Mr.
Strain requested?
Phil Gramatges, PE
..
--)
.~
Agenda Item No. 178
February 24, 2009
Page 212 of 420
. . .
de la Parte & Gilbert, FA
ATroRNE\'5 AT LAw
MEMORANDUM
TO:
Edward P, de la Parte
FROM:
Nicolas Q. Pot1er
DATE:
Decembcr 5, 2007
RE:
Collier County. SFWMD's Comments on Proposed Comprehensive Plan
Amendments Regarding Consistency with Regional Water Supply Plan
Collier County submitted to the Florida Department of Community Affairs ("DCA") a
proposed amendment to its 2007 Growth Management Plan, Public Facilities Element, Potable Water
Sub-element, which includes by reference its Water Supply Facilities Work Plan. The South Florida
Water Management District ("SFWMD") has submitted corrunents to DCA on the County's proposed
plan amendment, objecting on the basis that "we find the proposed amendment inconsistent as it does
not appear to meet the minimum requirements for a Water Supply Facilities Work Plan as defined in
Section 163.3167(13), FS." SFWMD claims in part that the amendment incorporating the Water
Supply Facilities Work Plan "does not identify source of potable water that are consistent with the
Lower West Coast Water Supply Plan Update."
1. Collier County is only required to coordinate with and consider tbe Lower West Coa~t
Water Supply Plan Update
It is important to note that "consistency" with the regional water supply plan is not the legal
standard that the COWIty is required to meet. Section 163.3167(13), Florida Statues, which is
referenced in SFWl\1D's November 21,2007 cover letter, provides that:
Each local govemment shall address in its comprehensive plan, as enumerated in this
chapter, the water supply sources necessary to meet and achieve the existing and
projected water use demand for the established planning period, considering the
applicable plan developed pursuant to s, 373,0361.
Emphasis added, Section 373.0361, referenced in the quotation above, relates to the development of
regional water supply plans by the water management districts. Contrary to SFWMD's assertion, the
plain language of Section 163.3167(13), Florida Statutes does not require a local government's
comprehensive plan to be consistent with a the applicable regional water supply plan, but only to
consider t.l-J.e applicable \vater supply plan.
Similarly, the provisions of Chapter 163, Florida Statutes regarding the consideration of
regional water supply plans in the adoption of comprehensive plan amendments do not require the
consistency SFWMD attempts to read into the statute. The County is required to coordinate with the
regional water supply plan; hut it is not r-equired to illRke comprehensive plan amendments consistent
Page I of 3
.
.
.
/\g8f1da Item No. 178
February 24, 2009
Page 213 of 420
with the regional water supply plan. The Legislature was quite clear that consistency under Chapter
163 is not required. Section 163.3177(4)(a) states;
Coordination of the local comprehensive plan with the comprehensive plans of adjacent
mllnicipalities, the county, adjacent cowlties, or the region; with the appropriate water
management district's regional water supply plans approved pursuant to s, 373.0361;
with adopted rules pertaining to designated areas of critical state concern; and with the
state comprehensive plan shalt be a major objective of the local comprehensive planning
process. To that end, in the preparation of a comprehensive plan or element thereof, and
in the comprehensive plan or element as adopted, the governing body shall include a
specific policy statement indicating the relationship of the proposed development of the
area to Lhe comprehensive plans of adjacent municipalities, the county, adjacent counties,
or the region and to the state comprehensive plan, as the case may require and as such
adopted plans or plans in preparation may exist,
Coordination only requires that the County include consideration of the information in the
regional water supply plan in its comprehensive planning process, Unlike coordination, consistency
would require that the comprehensive plan be effectively regulated by the regional water supply plan.
This is not required under any section of Florida Statute.
Notably, Section 163,3177(4)(a) places coordination with the water management district's
regional water supply plan in the same category of coordination with "the comprehensive plans of
adjacent municipalities, the county, adjacent counties, or the region," Thus a local government is no
more required to adopt plan amendments that conform to the dictates of the applicable regional water
supply plan as it is required to confonn them with the comprehensive plans uf neighboring local
govermnents.
Section 136.3177(6)(a) requires that in the future land use plan in the comprehensive plan
"shall be based on surveys, studies, and data regarding the area including the amount of land required
to accommodate anticipated growth.., the availability of water supplies, public facilities, and
services..." However, this does not require consistency with the regional water supply plan,
Section 163.3177(6)(c) requires thal the general sanitary sewer, solid waste, and potable water
element "incorporate the alternative water supply project or projects selected by the local government
from these identified in the regional water supply plan pursuant to s, 373.0361(2)(a) or proposed by the
local government under s, 373.0361(7)(b)." In addition the comprehensive plan element
must identify such alternative water supply projects and traditional water supply
projects and conservation and reLlse necessary to meet the water needs identified in
section 373.0361(2)(a) within the local government's jurisdiction and include a work
plan, covering at least a 10 year planning period, for building public, private, and
regional water supply facilities, including development of alternative water supplies,
which are identified in the elements as necessary to serve existing and new
;!""'.,.c.l,..ro......"'...,f-
u.....,,'lvJv!:'!.u'v!.!\-.
Again, though these provisions require coordination with the regional water supply plan, they do not
require the local government to conform its plan amendments to what is dictated by the water
management district through its regional water supply plan.
Page 2 of3
~_.. I
4
.,~
~
Agenda Item No. l7B
February 24, 2009
Page 214 of420
2,
S:FWMD's Lower West Coast Water Supply Plan Has No Regulatory Authority
In addition to ilie lack of a requirement iliat local government's comprehensive plan
amendments be made consistent with a water management district's regional water supply plan, ilie
provisions of Chapler 373, Florida Statutes relating to the effect of regional water supply plans
explicitly provide iliat regional water supply plans do not require require local governments to select
water supply development projects identified in ilie regional water supply plan, Section 373,0361(6),
Florida Statutes provides:
Nothing contained in the water supply de,'elopment component of a regional water
supply plan shall be construed to require local governments, government-owned or
privately owned water utilities, special districts, self-suppliers, regional water supply
authorities, mullijurisdictional water supply entities, or other water suppliers to select a
water supply development project identified in the component merely because it is
identified in the plan. Except as provided in s. 373,223(3) and (5), the plan may not be
used in the review of permits under part II unless the plan or an applicable portion thereof
has been adopted by rule. However, ilijs subsection does not prohibit a water
management district from employing the data or other information used to establish the
plan in reviewing permits under part II. nor does it limit the authority of the department
or governing board under part II.
Emphasis added. As also explained in Section 373,0361(6) above, regional water supply plans may not
be used as criteria for the review of water use pennit applications, unless the regional water supply
plan has becn adopted by rule by the water management district.
3. Conclusion
Despite these clear restrictions on the applicability of regional water supply plans, in its
comments on the County's comprehensive plan amendments, SFWMD claims that the proposed plan
amendment is inadequate because it does not "reflect source of water and treatment facilities consistent
with the LWC Plan Update," does not explain "the differences in water demand projections for the
[County Water and Sewer District] provided in the Work Plan and the LWC Plan Update," does not
"address the remaining supply deficits reported in future years, as recommended in the L WC Plan
Update," and does not explain "the differences between the County's projections of permanent
population [and] the SFWMD's LWC Plan Update,"
As explained above, SF\\'MD's recommendations that the County's comprehensive plan
amendments be made "consistent" with its regional water supply plan are contradicted by the plain
language of the statutory provisions cited above which merely require plan amendments to consider or
coordinate with the regional water supply plan. not be made "consistent" with them. Furthermore,
Chapter 373 provides iliat regional water supply plans do not have ilie force of regulation in the water
USe permitting conlext, nor do they obligate local govemments to select water supply projects
identified in the regional water supply plan, Thus, there is no legal basis for SFWMD's attempt to
elevate the authority of the Lower West Coast Water Supply Plan Update to dictate the County's
comprehensive plan amendment.
193227
Page 3 of 3
Agenda Item NQ. i 73
Fe;bruary =4,2009
P,Jge 2/15 of -420
.
. . .
delaParte&Gilbert, PA
ATTORNEYS AT lAW
MEMORANDUM
TO:
Collier County 10 Year Water Supply Team
FROM:
Nicolas Q. Porter
DATE:
December 10, 2007
RE:
Comments on Response to Department of Community Affairs
November 30, 2007 ORC Report
This memorandum summarizes our comments on the December 10, 2007 draft Response
to Department of Community Affairs Objections, Recommendations, and Comments
RepOlt dated November 30, 2007.
Response to Objection A
.
A response should be added to Objection A which argues that "consistency" is not the
operative legal standard when evaluating the County Work Plan, The current response to
Objection B regarding this legal standard can be moved to this new response,
Response to Objection A.1.a)
This response should he rewritten to state there is no supply deficit. Like many water
users, Collier County does not currently have a CUP allocating water equivalent to its
future proje<.ted demand. However, the Water Plan addresses this permilled deficiency by
increasing its permitted allocation. The County's current pellding permit application
seeks increased fresh and brackish water sllpplie,', which if granted would provide
enough water to meet its nceds, The responsl: shDuld reflect th:,t the County is tnnfidel1l
there is sufficient water resources available to meet its need,
Response to Objection A.l.b)
This response should additionally poil1t out that the COlUlty has maximized reuse (an
alternative supply), which has reduccd its future demands,
Response [0 Objection A.I.c)
.
This response should also argue that the County can rely on any combination of fresh
water or brackish water sources. The LWCRWSP does not say that new fresh water
sources are unpermittable, Also, unlike the Lower East Coast. SF"ViMD has not adopted a
Page 1 of 3
..
-)
I
I~
Agenda Item Ho. 17B
February 24, 2009
Page 216 of 420
rule limiting fresh water supplies. Finally, the LWCRWSP acknowledges that fresh water
sources continue to be available.
Response to Objections A.2 and A.4
In addition to this response, a section should be included in the Work Plan stating that the
County will coordinate more closely with the other identified utilities to obtain the
specified information.
Response to Objection B
As stated above, this response should be included in the Response to Objection A as well.
The response should incorporate more of the legal analysis described in the memorandum
we circulated last week. ]t should explicitly point out that "consistency" is not the
applicable legal standard and the County is only required to take the L WCRWSP into
account. The County may wish to include a statement that it will take the LWCRWSP
into account in any future updates.
In addition to the citation to 'pages 95 and 96 of the LWCRWSP regarding freshwater
projects, statements on page 88 recognizing Section 373.0361(6), Florida Statutes, and
the statement that states local governments should include other supply sources not
identified in the LWCRWSP in their Work Plan. This is what the County has done in it~
Work Plan.
The response should also point out the portion of the LWCRWSP on page 90 which
recognizes additional water supply development may be practicable, and that the decision
not to include new traditional supply development projects in the LWCRWSP should not
be interpreted as precluding development of these sources,
In sum, the argument is tlJat 1) "consistency" with the L WCR WSP is not required, and 2)
even if "consistency" were the requirement, the Work Plan is consistent with the
LWCRWSP,
-:tI- Response to Objection C
The second paragraph of the response needs to be beefed up by citations to statutes.
Additionally, there should be a statement about committed funding sources,
Response to Objection D
This response should include some general statements about future water supply in the
identified regions, The County should discuss in the Work Plan how and when waler will
be developed to meet the need i1l the identified areas,
Page 2 of 3
J\qenda Item NO.1 TB
~. February 24, 2009
Page 217 of 420
Response to Objection E
.
The response should explain how the new population numbers compare to the population
numbers in the L WCRWSP, The response should first dispute the need for consistency
with the LWCRWSP, second point out the language of the LWCRWSP that population
projections are not hard and fast numbers, and third if the original numbers are not
inconsistent tlns should be specified in the response, Finally, if the County is adopting
ncw population numbers, it should be argued that the new numbers meet the DCA
standard and are consistent with the LWCRWSP,
Response to Objection F
DCA has a point with this objection. The County must either use existing levels of
service standards for these entities in the Work Plan, or amend the level of service
standards in the comprehensive plan to be consistent with the Work Plan, If the latter
option is selected, the County will have to develop data and anal ys is to support the
revised levels of service. Because it would be too time consuming to develop this data,
the County should use the existing level of service of IOOgpcd rather than separate
numbers in the current Plan,
Response to Concerns about Consistency with the State Comprehensive Plan Goal 7
.
The response should point out that the LWCRWSP does not foreclose new freshwater
sypplies, and that SFWMD does not have a rule prohibiting new freshwater supplies.
Since such new freshwater supplies would be developed through the issuance of a \VUP,
then by definition the permitted use will be reasonable-beneficial, and not incDnsislent
with th~ puhlic interest.
.
Page 3 of 3
~
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..
Agenda Item No. 17B
February 24,2009
Page 218 of 420
MEMO
DE LA PARTE & GILBERT, P. A.
A TTORN'EY AT LAW
101 E, Kennedy Blvd.
Suite 3400
Post Office Box 2350
Tampa, Florida 33601-2350
DATE: July 10, 2008
TO: Jim DeLony
FROM: Edward de la Parte, Jr" Esq.
Kristin Yerkes, Esq,
SUBJECT: Collier County - Water Use Permitting Strate-
gy
Pursuant to your request, the following memorandum contains a water use
PGrmitting, strategy discussing how Collier County (the "County") can rGach its ul.
timate goal of achieving a 50/50 split between traditional water sources and alter-
native water supply ("A WS") sources in light of recent problems encountered in ob-
taining a higher permitted traditional water allocation and thG impending Picayune
Strand Reservation.1
Background
The County water service is provided by a network of wellfields, water
transmission mains, water treatment plants, water storage facilities, booster pump-
ing stations and an aquifer storage and recovery ("ASR") well. Basically, raw water
is treated at the North County Regional Water Treatment Plant ("NCRWTP") and
the South County Regional Water Treatment Plant ("SCRWTP") and the resulting
potable water is distributed to the County's water customers.
Wellfields
The County's existing water supply system consists of three welliields, the
North Hawthorn Wellfield, the South Hawthorn Wellfield, and the Golden Gate
1 A reservation is a quantity of water set aside by eitheI' a water management district or the DeR
partment of Environmental Protection, which is no longer a"~ailable for consumptive use. A reserva-
tion may be set for protection of fish and wildlife or public health and safety, The only Iilllltation
placed by statute on the establishment of a reservation is that "all presently existing legal uses of
water shall be protected so long as such UEe 18 not contrary to the public interest." See ~373.223(1),
Fla. Stat (2007).
.
.
.
,~\genda item r~o. 78
February 24, 2 09
P2~ge 21 9 of 20
DE LA PARTE & GILBERT, P. A.
Page 2 of 10
Tamiami Wellfield, All ofthe wellfields are located outside, but near the area of in-
fluence of the proposed Picayune Strand Reservation, The Golden Gate Tamiami
Wellfield supplies fresh raw water to both the NCRWTP and the SCRWTP. The
North Hawthorn Wellfield supplies brackish raw water to the NCRWTP. The South
Hawthorn Wellfield supplies brackish raw water to the SCRWTP. The current com-
bined permitted annual allocation for all three wellfields is 20,490 million gallons
("MG") and the current combined permitted maximum month allocation is 1,981
1\1G,
NCRWTP
The NCRWTP is located on the north side of Vanderbilt Beach Road Exten-
sion east of CR 951 in the northeastern quadrant of the service area. The facility
uses groundwater withdrawn from the Lower Tamiami, Hawthorn Zone I, and Low-
er Hawthorn Aquifers,
The original plant, built in 1993, was designed to produce 12 million gallons a
day ("MGD") of potable water using a membrane softening process, which utilizes
semi-permeable membranes to remove total suspended solids from the water. In a
subsequent expansion, the plant capacity was increased to 20 MGD with the addi-
tion of a new 8 MGD reverse osmosis ("RO") process, and attendant production wells
tapping the Lower Hawthorn Aquifer. Groundwater from the Lower Tamiami Aqui-
fer is treated by membrane softening and groundwater from the Lower Hawthorn
and Hawthorn Zone I Aquifers is treated by RO,
SCRWTP
The SCRWTP is located near the intersection of CR 951 and 1-75 about 5,5
miles south of the NCRWTP. The facility uses groundwater withdrawn from the
Lower Tamiami, Hawthorn Zone I, and Lower Hawthorn Aquifers,
\Vben the original plant was constructed in 1983, it was designed to produce
12 MGD of potable water utilizing a lime softening process to treat fresh water from
the Lower Tamiami Aquifer. An 8l\iGD RO expansion ofthis facility was completed
in 2005, including new production wells located northeast of the plant site that
withdraw water fwm the Lower Hawthorn and the Hawthorn Zone I Aquifers, The
total plant capacity was 20 MUD as of ~005. A second expansion of 12 MGD capaci-
ty employing the RO process was completed in :;007, bringing the current plant ca-
pacity to 32 11GD, The expansion utilizes new production weUs located east of CR
951 and south ofI-75 that withdraw groundwater from the Hawthorn Zone I Aqui-
fer. Collier County expects to complete the new production wells in 2008.
~
-")
..
Agenda Item No. 17B
February 24, 2009
Page 220 of 420
DE LA PARTE & GILBERT, P. A.
Page 3 of 10
Thus, for both the NCRWTP and SCRWTP, a total of 24 MGD is produced
from traditional freshwater sources and 28 MGD is produced from brackish A WS
sources, These quantities break down to approximately 46% traditional sources and
54% AWS sources, As indicated by these percentages, the County water system is
currently slightly below the desired 50/50 mix of fresh water and brackish water,
Wat.er Rat.es, Impact Fees, and Capital Improvement Costs
As of October 2007, the County has implemented the following water rates:
Water: (a) Service Al1oilablli.t), Cha.rge {or lndl.vl:du.aily Metered Resi.dential, Non-residential and lrrigation.
Rates are per month.
Meter Size
Exi!:iling Rate Effective
October 1. 2007
''''_,..'''.'....11...0
;'~""" 'i,.OC.'
>, . . . ,<.."
L~',. ,.',",;.~.,' '111: . ~j
$16,03
.
,6,gen,ja Item No. '178
February 24, 2009
Page 221 of 420
DE LA PARTE & GILBERT, P. A.
Page 4 of 10
(b) Volume charge Per 1,000 Gallons: (i) Tndil.:iduall.y Aletered Res,:delltwl, Non-n'sidenti<.Jl and IlfuJti-family
Residential:
Ex.isting Ra te Effective
October L 2007
Propused Rate Effective
October 1. 2008
Proposed Rate Effective
Octnber 1. 2009
BIod< 1
Block 2
Block 3
Block 4 $550 $569 ~5.89
Block 5 $6.59 $6,82 FOG
Block G $879 $910 ~9.42
Block Rate Structure: ConslJ,mpt.inn BlocJ,',s i.n Ga.llons m__ Up to or j\~ext:
J\,1p.ter Sil..e Bluck I Block 2 Bloi'k :3 Hlock 4 Block 5 Block 6
.
"20,000 80,000 ." 120,000 200,000
."...
25.000 100.OOll 150,01l0 250.000
2"'; 240,000 400,000 . .over 400,000
,
3" 480.000 BOll. OliO O\l(.~r 800,000
800,000 1,200,000 Over
1.200.ll00
1 C,OO 000 2,500,000 Qye}'
2.500.000
.4,500,00,0 Over
,,:': ;., 4,500,000
7,000,000 Over
7.000.000
12" 1.07510~O 4,300,000 6,4~0,00O 11,000,000 ;AOver
11.000.000
.
The County adopted a new water impact fee schedule on January I, 2008. For
individua lly metered residential customers with a livin~ space of () to 4,999 square
feet (and no more than 4 bathrooms), the water impact fees are $3,616.49, For lndi,
vi dually metered non-resid,mtial customers and reSIdential customers with a livin~
space of 5,000 square feet or more (or more than 4 bathrooms), the water impact
~
-.,
..
Agenda Item No. 17B
February 24, 2009
Page 222 of 420
DE LA PARTE & GILBERT, P. A.
Page 5 of 10
fees equal the product of $3,616.49 multiplied by the equivalent residential connec-
tion ("ERC") value. The ERC value equals the average daily flows for the proposed
use as provided by the engineer of record for the project divided by 350,2
For master metered residential customers with less than 5,000 square feet
and no more than 4 bathrooms, the following rates apply: $1,191.38 per unit be-
tween 0 and 750 square feet; $2,425.11 per unit between 751 and 1,500 square feet;
$3,616.49 per unit between 1,501 and 4,999 square feet. For non-residential units
and residential units with 5,000 or more square feet or more than 4 bathrooms, the
impact fee is calculated the same way as for individually metered customers under
the same criteria.
Recently the County approved a revised impact fee schedule, which will be-
come effective October 1, 2008, For individually metered residential customers with
a living space of 0 to 4,999 square feet (and no more than 4 bathrooms), the water
impact fees are $3,575,00. For individually metered non.residential customers and
residential customers with a living space of 5,000 square feet or more (or more than
4 bathrooms) the water impact fees equal the product of $3,575.00 multiplied by the
ERC valu".
For master metered residential customers with less than 5,000 square feet
and no more than 4 bathrooms, the following rates apply: $1,180.00 per unit be.
tween 0 and 750 square feet; $2,395,00 per unit between 751 and 1,500 square feet;
$3,575.00 per unit between 1,501 and 4,999 square feet. For non,residential units
and residential units with 5,000 or more square feet or more than 4 bathrooms, the
impact fee is calculated the same way as for individually metered customers under
the same criteria,
Capital Improvement Program
The 2008 Revised Water Master Plan Update ("Plan") provides a 6-year Capi.
tal Improvement Program ("CIP") for Fiscal Years ("FY") 2008 through FY 2013,
and a 20-year CIP, for FY 2014 through FY 2027. Based upon the table included in
the Plan, the total cost for ClP projects between FY 2008 and 2013 is $90,177,879 of
which $65,434,403 is for water treatment projects, $6,311,686 is for water transmis-
sion projects, and $6,303,186 is for water distribution projects. Of the total
$90,177,879, $16,891,114 is proposed for allocation during FY 2008, $4,259,500 is
proposed for allocation during FY 2009, $3,959,500 is proposed for allocation during
FY 2010, $3,059,500 is proposed for allocation during FY 2011, $3,059,500 is pro-
posed for allocation during FY 2012, and $34,882,500 is proposed for allocation dur-
2. The minimum ERe value is 1.0. All values exceeding 1.0 are rounded to the nearest tenth.
Aoenda Item No. 17B
~ February 24, 2009
Page 223 of 420
.
DE LA PARTE & GILBERT, P. A.
Page 6 of 10
ing FY 2013, Ofthe total expenses, $36,563,614 i~ for renewal, replacement and en-
hancement of the system and $53,614,266 is growth driven,
The total cost for all water projects under the 20-year CIP between FY 2011
and 2025 is $547,096,000 of which $447,536,210 is for water treatment projects,
$87,332,380 is for water transmission projects and $12,227,400 is for water distri-
bution projects. Ofthe total $547,096,000, $IG2,fi13,000 is proposed for allocation
during FY 2014-2017, $123,652,000 is proposed for allocation during FY 2018-2022,
and $42,985,000 is proposed for allocation during FY 2023,2027. Of the total ex-
penses, $245,628,000 is for renewal, replacement and enhancement of the system
and $301,468,000 is growth driven.
Existing and Pending Permits
.
In the past, South Florida Watel' Management District ("SFWMD") issued
two '''BPs to the County for public water supply, 'Vater Use Permit 11-00249,W
authorized withdrawals from the fresh Lower TamiamiAquifcr and WUP 11-
001447,W authorized withdrawals from the brackish Lower Hawthorn and Haw-
thorn Zone I Aquifers, In 2006, these permits were unified into a ~ingle WUP 11-
00249-W ("Unified Permit"), Under the Unified Permit, 36 wells are permitted to
withdraw an annual allocation of 6,868 MG from the Lower Tamiami Aquifer. Addi-
tionally, 10 well~ in the North Hawthorn Wellficld and 36 well~ in the South Haw-
thorn vVellfield are permittcd to withdraw an annual allocation of 5,840 MG from
the brackish Hawthorn Zone 1 Aquifer. Finally, 19 wells in the North Hawthorn
\:I;'ellfield and 9 wells in the South Hawthorn Wellfield are authorized to withdraw
water from the Lower Hawthorn Aquifer, without restriction on annual allocation,
The total annual allocation from all sources is restricted to 20.490 MG and the com-
bined maximum monthly allocation from all sources is restricted to 1,981 MG,
As previously discussed water from the Lower T",miami Aquifer is traditional
freshwater while water from the H",wthorn formation is brackish water that must
be treated using RO. Therefore, of the maximum annual permitted allocations spe-
cified, 54 percent oEthe County's permitted water supply comes from traditional
water sources while 16 percent is derived from alternative water supply sources.
However, these percentages are based upon the maximum permitted annual
amount~ from the Lower Tamiami and Hawthorn Zone 1 Aquifers. Because there is
no limit as to the amount authorized for withdrawal from the Lower Hawthorn,
withdrawals from this source are not included in the percentage determination
above.
The County presently has two pending applications, The first application is
. for a new water u~e permit for the Northeast Regional \Vater Treatment Plant Well.
Agenda Item No. 17B
February 24, 2009
Page 224 of 420
~
DE LA PARTE & GILBERT, P. A.
Page 7 of 10
field ("Northeast"), Under the ~ortheast application, the County is requesting an
additional brackish water annual allocation of 4,380 1\1G (3,650 MG from Lower
Hawthorn Aquifer and 730 MG from Hawthorn Zone 1 Aquifer) and a total freshwa-
ter allocation of 949 MG from the Lower Tamiami Aquifer. The total additional an-
nual allocations being requested !Ire 5,329 MG and the total additional maximum
month allocation of 452,6.
The second application is a permit renewal of the Unified Permit with an in-
crease in the amount of the fresh Lower Tamiami Aquifer allocation, If this applica-
tion is granted, the fresh water withdrawal will increase from 6,868 MG to 9,673
MG on an annual basis.
At this time, SFWMD has issued 3 requests for additional information relat-
ing to these permit applications, The County is in the process of responding to these
requests and awaiting approvaL Ifthese two applications are granted, the County
will be permitted to withdraw an annual allocation of approximately 10,622 MG of
freshwater and 10,220 MG of brackish water. Not including potential withdrawals
from the Lower Hawthorn, the COllilty'S permitted water supply will consist of ap-
proximately 40% fresh water and 60% brackish water,
-l SFHlMD - Picayune Strand Reservation
SFWMD has recently imposed a de fact.o prohibition on new or increased
freshwater withdrawals in the County due to the proposed water reservation for the
Picayune St.rand. Alt.hough data collect.ed by the County indicates there is addition-
al freshwater currently available and that allocated freshwater will become availa-
ble in the future as agricultural lands are developed, SFWMD has so far been resis-
tant to granting the County an increased fresh water allocation, In fact, comments
made by staff at a recent pub Ii" hearing suggest SFWMD may reduce the COllilty'S
existing permitted fresh water allocation at some future time once the reservation is
established,
As indicated previously, a water reservation is a legal mechanism to preserve
water from consumptive use for the purpose of protecting fish and wildlife or the
public health and safety. Section 601 of the Water Resources Development Act of
2000 requires water identified in a Project Implementation Report for a Compre-
hensive Everglades Restoration Plan ("CERP") project be reserved prior to signing a
Partnership Agreement. SFWMD has determined a water reservation is the most
appropriate tool to protect water for the Picayune Strand CERP Project, since it is
hydrologically isolated from the Central and South Florida system and the valued
ecosystem components and their hydrologic requirements are clearly identifiable,
-~
.
.
.
P\Qsnda Item No. 178
~ February 24. 2009
Page 225 or 420
DE LA PARTE & GILBERT, P. A.
Page 8 of 10
Section 373.223(4), Florida Statutes, contains the statutory framework au-
thorizing reservations and provides:
TI1e governing board or the department, by rcgu]ation, may reserve
from use by permit applicants, water in such locations and quantities,
and for such seasons of the year, as in its Judgment may be required
for the protection of fish and wildlife or the public health and safety.
Such rcservations shall be subject to periodic review and revision in
the light of changed conditions. However, all prcsently existing legal
uses of shall be protecte(l so long as such use is not contrary to the pub-
lic interest.
DEP programmatic guidance provides circumstances where a reservation can
be used, For the Picayune Strand Reservation, SFW1viD alleges the pertinent cir-
cumstances for a reservation are to "aid in restoration of natural systems which
providc fish and wildlife habitat" and "prevent withdrawals in any other circums-
tance required to protect fish and wildlife,"
The County will be affectcd by the Picayune Strand Reservation, First, until
the reservation is set, SF\VMD will not willingly allocate fresh water for consump-
tive use for fear of reducing thc water needed for the CERP project. Secondly, once
the reservation is established, the SFVv~iD will bc legally prohibited from allocating
new fresh water to the County, if the additional withdrawal adversely affects or
other otherwise interferes with the planned restoration project,
Objective
The County's overall goal should be to provide potable water to its customers
in the most cost-effective manner possible without harming the enviJ:onment. This
goal can best be met by developing a mixture of A \VS and traditional freshwater
sources as close as possible to a 50/60 split in order to avoid the high cost and colla,
teml environmental impacts (i.e., increased power usage, conccntrate disposal,
green house gasses, etc.) associated with the RO treatment of brackish water. The
County's watel' rates and water impact fees are currently among the highest, if not
the highest in the State of Florida. The capital and operating costs of a RO plant is
30 to 35% greater than a conventional fresh water treatment plant. This cost cliffe,
rential can escalate to 40 to 50% as the salinity of the source water increases, If the
County were able to achieve a 50/50 ratio of fresh to brackish water rather than the
cunently programmed 40/60 ratio, the proposed capital and operating cost Dfthe
County water system would decrease by approximately [oercental!e number to
be provided bv countv staffJ%. Conversely, if the ratio of fresh to brackish water
were to increase to 20/80, as may be the case after the reservation is established,
..
"~
~
Aaenda item No. 178
- February 24,2009
Page 226 of 420
DE LA PARTE & GILBERT, P. A.
Page 9 of 10
the proposed capital and operating of the County water system would incTease by
approximately fDercentae:e number to be provided bv countv staffl%, Thus,
maintaining a 50/50 split will have a significant impact on the County's water sys-
tem,
Strategy
In ordeT to achieve its goal of pToviding potable water to the citizens of the
County in the most cost-effective manner poosible without harming the envimn-
ment, the County should take the following Hteps:
1. The County Administration and County Commission must support the Coun-
ty's 50/50 goal and the strategy outlined herein to achieve this goaL This
means the goal needs to be public ally discussed and approved by the County
Commission. Additionally, the Commission needs Ul be comfortable with
those elements oithe strategy that call for possible administrative challenges
to SF\VlVID's permitting decisions and the Picayune Strand rule reservation,
Without top-to-bottom support of the policy, the County has no realistic shot
of achieving this goaL
2. The County needs to have a public information program in place explaining
the policy is based on the need to pTovide an essential service to the public in
the most cost-effective manner possible without jeopardizing the environ-
ment, Given the current economic situation and the near-term energy pic-
ture, the County cannot develop expensive energy intensive AWS supplies
simply because policy-makers and regulators are unwilling to make scientifi-
cally based decisions regarding availability of freshwateT resources and the-
reby forcing the County to develop brackish sources by default. The County
needs to make sure this message is consistently delivered to the public so
that its motives are not portrayed as being anti-onvironment.
3, The County needs to press the District for a decision on its pending water use
permit applications, Those modifications and renewals requested by the
County, which are non-controversial, should be scheduled for approval by the
District. at the earliest possible time, The County should work with District
staff to resolve any scientific dispute over the remaining permitting issues,
but if those disputes cannot be resolved and the County believes the greator
weight of science favOl's its position, then it should request an administrative
hearing before a neutral hearing officer. All this needs to he completed within
the next 12 months because of the impending water reservation.
4. The County should closely participate in the Picayune Strand Reservation
rule making process to enSUTe that freshwater that would otherwise be avail-
able for consumptive use is not unnecessarily reserved for this project. Since
.
.
.
Agsr:cia Ilslll ~.~O. 11B
F>:;bl"uary 24.2003
Paqe 227 of 420
DE LA PARTE & GILBERT, P. A.
Page 10 of 10
this is the first CERP reservation developed by SFWMD staff, there is no
precedent to guide staff in developing this reservation and there is ample
room for the agency to make an inappropriate decision. In addition, as a
CERP Project, the Picayune Strand Reservation must be consistent with
WRDA 2000 2nd the Savings Clause, which guaranteed certain rights to wa-
ter users such as the County, Finally, since the nnly uses of water that arc
dearly protected from the effects of a reservation are permitted uses, the
County should strive to obtain a final decision on its pending applications be-
fore the Picayune Strand Reservation becomes legally effective.
5. The County should work closely with DEP, the District, other utilities, agri-
cultural interest and landowners to set up a clear and transparent process for
re-allocating existing permit.t"d withdrawals to the County as land use devel-
opment takes place so that the County can increase its permitted freshwater
allocation to serve areas that previously were served by agricultural water
use permits, This water transfer process is the only realistic mechanism
available to the County for increasing future fresh watel' supplies,
Conclusion
The .5 steps described above offer the County the most realistic opportunity
possible for achieving the goal of providing potable water to the citizens of the
County in the most east-effective manner possible wiLhout harming the environ-
ment. If you have any questions regarding the information contained in this docu-
ment, please feel free t.o mntact our firm,
Attachment: \VUP Time Line
cc: Tom Wides
Phil Gramatges
Paul :Mattauseh
3 DU1'ing the past 35 years. there have oniy b(~cn t\VO water reservations set and both were estab.
lished in Central FloTHla. This will be t.he first reservatwn estr'lhlish('d in SF\IVl'vID i'!nd the tbil'd res-
ervation in the StatE' of .FIOl'ida
II
...
--,
At
Agenda Item No. l7B
February 24, 2009
Page 228 of 420
OFFICE OF THE COUNTY ATTORNEY
INTEROFFICE MEMORANDUM
TO: Carolina Valera, Principal Planner, Comprebensive Planning Dept.
THROUGH: Hcidi Ashton-Cicko, Assistant County Attorney, Land Use Section Chief
FROM; ~, . arjorie M. Student-Stirling, Assistant ~ounty Attorney
Ii
DATE: August 15,2008
RE: Statutory Authority for County to Require that Private Potable Water
Utilities Provide Operating and Planning Information to County for Use
In Water Supply Facilities Plan - RLS No. 08-CMP-00482
In your Request for Legal Scrvices, you .ask if there is statutory authority for the County to
require that private water utilities provide information in order to prepare the 10-year Water
Supply Facilities Plan.
There is no express statutory authority, However, Subsection 163.3177(6)(c), Florida Statutes,
provides as follows:
The element [meaning the Public Facilities Element of the Growth
Management Plan (GMP)] must identify such alternative water supply
projects and traditional water supply projects and conservation and reuse
necessary to meet the water needs identified in s, 373.0361(2)(a) within the
local government's jurisdiction and include a work plan covering at least a
10 year planning period, for building public, private, and regional water
supply facilities, .. ."
A requirement that the private utility provide future water facility planning information to the
County is implicit in this provision. Tbat is because the County must include a work plan in its
Public Facilities Element tbat includes private water supply facilities. It logically follows tbat
tbe County would need a work plan from the private water utility covering the 10 year planning
time frame to be able to have a complete and adequate Water Supply Facilities Plan,
On the other hand, this same Subsection of the Statute goes on to read as follows:
Local governments, public and prh'ute utilities, regional water supply
authorities, special districts and water management districts are
encouraged to cooperatively plan for the development of multi-
jurisdictional water supply facilities that are sufficient to meet projected
demands for established planning periods, .,..
.
.
.
Agenda item No. 17B
February 24, 2009
Page 229 of 420
This provision only encourages local governments and private water utilities to cooperatively
plan for the development of multi-j urisdictional water supply facilities, It is not a mandate. Yet
as previously stated, the Cmmty would not be able to adopt a complete and adequate water
supply facilities plan without information from private water utilities, So the statute contains
conflicting provisions.
However, the argument that the private water utility planning information must be provided to
the County is bolstered by the fact that the Department of Community Affairs (DCA) found the
Water Supply Facilities Plan amendment to the GMP "not-in-compliance" because neither the
Ave Maria Utility Company (AMUC) nor the Orange Tree Utility Company (OTIJC), among
others, provided the County their respective planning strategies for meeting future water
demands. The DCA cited the above-referenced statutory provision among others as a basis for
the not-in-compliance finding.
It should also be noted that Policy 2.3 of the Potable Water Sub-Element of the Public Facilities
Element of the GMP provides that the private water utilities regulated by the Collier County
Water and Wastewater Authority must file annual statements with the County regarding, among
other things, operating and future facility planning information.
In conclusion, it is my opinion that the County has implied statutory authority to require future
facility plmming information from the private water utilities, particularly because of the DCA's
application of the referenced statutory provision in its non-compliance finding. Additionally, the
GMP requires it.
If you have any questions or comments, please do not hesitate to contact me.
CP\08..cMP-004t;2\Mcmo-D.rkna Valera
Page 2
.,j
Correspondence between
Collier County Government staff and IWSD
-,
-4
Agenda item t'-lo. 178
February 24,2009
?age 230 of 420
valera c
,\g8flC:a !1~Tn 1'~o.ll8
F,~~rJruary 24, 2009
Page 2] 1 of 420
From:
. 'Sent:
To:
Cc:
Subject:
valera_c
Wednesday, July 02. 2008 10:33 AM
'evadeyo@earthllnk, net'
CohenRandall; FrenchJames; GramatgesPhi1; 'Sciandra, Jason'; 'tbengts@sfwmd.gov';
'~ackson@sfwmd.gov'
10-Year Water Supply Facilities Work Plan, IWSD information request
Dear Ms. Deyo,
This correspondence is to let you know that in the next two weeks, Collier County (and COM) will be finalizing the update
of the 10- Year Water Supply Facilities Work Plan that will be presented to the Collier County Planning Commission
(CCPC) on August 19th for their comments; to the Board of County Commissioners (Bee) on September 23rd; and soon
afterwards to the Department of Community Affairs (DCA) as part of the adoption schedule to incorporate the Plan into the
County's Growth Management Plan (GMP), as required by Florida Statutes. Accompanying this updated plan, is a
response letter to DCA's comments to the first draft that was sent last year.
You provided us with information last year, at this time, we would like for yOU to comment and make any correction that
vou believe necessarv to the information that the County is supplying to DCA in regard to IWSD, Please note that the
comments generated by DCA mirror those that were provided by South Florida Water Management District (SFWMD) as
this agency is a key reviewer of this State requirement.
CAROLINA VALERA
Principal Planner
Comprehensive Planning Department
Community Deveiopment & Environmental Services
Collier County Government
.T:239.252,8498 F:239.252,2946
From:
Sent:
To:
Ce:
Subject:
Jamie,
valera_ c
Wednesday, February 27, 2008 3:33 PM
FrenchJames
CohenRandall
DCA comments: Immokatee Water and Sewer District
I would very much appreciate your help in addressing the comments from the Department of Community Affairs (DCA) in
regard to their review of the County's proposed 10-Year Water Supply Facilities Work Plan that is reqUIred by Section
163.3177(6)(c) of the Florida Statutes. As to the Immokalee Water and Sewer District (IWSD), DCA had the following
comments:
1..,The immokalee Water and Sewer District (IWSD) currently operates a consumption use permit that authorizes
3,36 mgd and expires in 2010. The water analysis for IWSD indicated that it incurs a water supply deficit for years
2005-2018. However, it did not provide any planning strategy such as alternative water supply projects to
demonstrate how it will meet the needs within the pianning hOrizon...
...Therefore, the amendment is inconsistent with the following provisions:
Sections 373 0361 (2)(a); 163.3177(4)(a); 1633177(6)(c); 187201(25)(b) 5 and 7, Florida Statutes; Rule 9J-
5.011(2)(0) and (c), Florida Administrative Code,
.
Recommendation: Revise the Water Supply Work Plan to be consistent with the South Florida Water
Management's Lower West Coast Water Supply Plan, 2005-2006 edition, The sources identified in the Work Plan
must be demonstrated to have sufficient water to meet the projected needs of the County, Including the needs for
all independent water districts. The Water Supply Work Plan for the County should utilize the alternative water
sources identified in the South Florida Water Management's Lower West Coast Water Supply PI"n, 2005-2006
edition, such as the use of brackish water sources and aquifer storage and recovery,
~
.-,
At
Agenda Item No. 17B
February 24, 2009
2...lnconsistency with Comprehensive Plan: The proposed potable water level of servic~a~~~a~r8~ 4fo9 the
Orange Tree Utility Company, the Florida Governmental Utility Authority, and the Immokalee Water-Sewer District
are not consistent with the adopted level of service standards within the County's comprehensive plan. Policy 3.1,
of the Potable Water Sub-Element, indicates that all three independent potable water supply districts have a level
of service standard of 100 gpcd; however, the Orange Tree Utility Company proposed 60 gpcd, the Florida
Governmental Water Distflct proposed 173 gpcd, and the Immokalee Water-Sewer District proposed 182 gpcd.
The County did not include a text amendment to Policy 3.1, 01 the Potable Water Sub-Element to revise the
adopted level of service standards lor these water districts. In addition, no data and analysis was presented to
support the changes 10 the level 01 service standard especially an analysis of how increasing the level 01 service
standard would promote the conservation of the water resource.
Therefore, the amendment is inconsistent with the following provisions:
Sections 163.3177(2) & (4)(a); 163.3177(8), F.S,; and Rules 9J-5,005(2), (3), (5); 9J-5.006(4)(a); 9J'5,006(2)(a),
FAC,
Recommendajjon: Revise the 10-Year Water Supply Plan to be consistent with the County's comprehensive plan
by either revising Policy 3,1 of the Potable Water Sub-Element and any other appropriate policy 10 change the
level of service standards for the Orange Tree Utility Company, the Florida Governmental Utility Authority, and the
Immokalee Water-Sewer District to those used in the Work Plan; or change those level of service standards used
in the Work Plan to be consistent with the level of service standards that are established in Policy 3.1 of the
Potable Water Sub-Element. If the County wants to establish different level of service standards for the
independent water use districts, include the data and analysis that supports the standards and how they promote
the conservation of the water resource,
The following is the County's proposed response to DCA in regard to the above comments:
To comment No, 1:
For privately held or investor owned utilities in ColIIsr County not covered by this Plan,..
...For IWSO, Collier County Regulatory Staff has no regulatory authority over this utility.
...Information requests to each of the utilities were made by County Regulatory Staff andlor
Comprehensive Planning Staff to those in responsible charge of each utility and the information
received was incorporated into the Plan. Each utility was given a copy of the draft verston of the Plan
and allowed the opportunity to provide comments, prior to the report being submitted to DCA. The
report submitted was provided to the responsible charge for each utility.
Additional information requests continue to be made as a result of the ORC report, but early
indications from the utilities are that Master Planning efforts for the current 5 year window are on.
going and will not be completed prior to the County's planned submission of the revised Plan.
To comment No.2:
,...According to Policy 3.3 of the Potable Water Sub-Element, "The level of Service Standards
contained In Policy 3,1 are the minimum criteria for replacement, expansion or increase in capacity of
potable water supply facilities." Further Objective 3 states, "Pursuant to Chapter 163.3202, F.S.,
including any amendments thereto, Collier County has Implemented procedures to ensure that at the
time a development order is issued, potable water faCility capacity that meets or exceeds the
minimum level of Service Standards established herein is available or will be available to serve the
development under the guidelines established for concurrency in the Capital Improvement Element of
this Plan," By selecting LOSS greater than the LOSS identified in Policy 3,1 FGUA and IWSO are
guaranteeing that they will meet Objective 3 when development Orders are brought forward in their
service areas. The 60 gpcd L.OSS selected by OTUC reflects the fact the utility only provides for the
potable water needs of Its customers. Irrigation need5 i1~ met viii individual well and community
irrigation systems that are supplied by on-site lakes.
Collier County does not have the authority to force these utilities to adopt the lOSS In Policy 3.1.
Rather the LOSS are a guide by which Collier County can determine the concurrency of future
development proposed in the service area of each utility, A copy of Collier County Ordinance 96-6, as
2
Agenda Item No. 17B
amended, by which private and investor owned utilities are regulated by the COlliirfaaif'#3Wr!lili:and
Wastewater Authority will be attached as exhibit to this revised Plan. age "- 0
DCA has agreed to work with the County and postpone the submittal of the revised 1 O-Year Water Supply Facilities Work
."Ian, so as to resolve consistency issues wnh the County's Capital Improvement Element (erE) of the Growth
Management Plan. I would like to know if the IWSD would like to add or revise their data and analysis contained In
the revised 10.Year Water Supply Facilities Work Plan. Most notably Is the following statement on pages ES-S
and 6.2 of the revised document:
"Based on the capacity analysis, the improvements planned by the IWSD for Ihe 10-year planning period are
sufficient to meet the demands of the service area. However, the allocation of the underlying CUP (11-00013-W,) does
not Gover the withdrawals required to achieve the finished water demand."
Please note that the County is in the process of revising its CIE, The revised CIE will be submitted concurrently with the
revised 10-Year Water Supply Facilities Work Plan, The County does not intend to revise the existing LOSS of 100
gpcd for the IWSD in the CIE, unless the IWSD would like to revise this number. Please let us know as soon as
possible.
I have attached the previously forwarded document and letters for ease of review, Your timely response 's appreciated,
~'
'"/"'.
J_..
~.~ ~'I
Wid
~
Offidal ORC letter COllier COunty Response to DCA
(DCA),pdf lO,Year Water S... ORC Report-Com...
CAROLINA VALERA
Principal Planner
Comprehensive Plannil1g Department
Community Development & Environmental Services
Collier County Government
.": 239, 774.8498 F: 239.213,2946
From: Eva Deyo (mailto:evadevo@earthlink.net]
Sent: Monday, September 10, 2007 8:37 AM
To: MoscaMichele
Subject: FW: Information Request
Michele,
I provided the necessary information to Jason Sciandra a couple of weeks ago, The only other item that needs to be
changed is that the Carson Road Plant Expansion # 1 will be completed in 2008.
Thank you,
Eva J, Deyo
Executive Director
Immokalee Water & Sewer District
1020 Sanitation Road
Immokalee, FL 34142
(239) 658,3630
(239) 658-3634 Fax
.
3
Agenda Item Nf' 17B
F~~~V~~OM
~
Boyle Engineering
355C SW CorporalQ Pmkway. Palm City, FL 34990
T 772 286.3883 F 772,286.3925 >AWN boyle.accorn, com
Carolina Valera
Principal Plannar - Comprehensive Planning Dapartment
COLLIER COUNTY GOVERNMENT
2800 North HorseshOil Drive, Suite 400
Naples, Florida 34104
August 5, 200B
Dear Ms, Valera,
SUbJect: Immokalee Water and Sewer District
Comments on the 10-Year Water Supply Facilities Plan
0f1 behalf of the Immokalee Water and Sewer District (IWSD), Boyle Engineering Corporation has prepared this
correspondence to provide comments on the Collier County 10-Year Water Supply Facilities Work Plan, prepared by
CDM and dated December 2007. Based upon our review of the report and the associated documentation, we offer
the following:
....,
. The CDM report includes population projections for the IWSD service area based upon projections included in
the SFWMD CUP #11-o0013-W, which is IWSD's current CUP. These projections were mada in 2005, based
upon Collier County's data. Population projections hava been ravisad by Collier County each April and October
since that time; tharefora, lhe CDM report does not utlllza tha most current numbers. It is recommended that
the most recent projections, dated June 11, 2008, be utilized In the Water Supply Facilities Work Plan in order
to be consislent with the planning that IWSD is currently undertaking for its water system.
. The CDM report indicates that the demand par capita in the IWSD service area is 182 gpd. However, IWSD
has approved the use of 105 gallons per capita per day (gpcd), based upon historicai average annual daily
demand versus historical population data, Because Policy 3,1 includes a minimum LOSS of 100 gpcd, the 105
gpcd meets the minimum standard, It is recommended that 105 9pcd be utilized in the Water Supply Facilities
Work Plan.
. On the tables that have an entry enti~ed "Demand Per Capita" (such as ES-4, ES,6, etc.), the units are noted
as million gallons per day (MGD); however, they should be gallons per day (gpd),
If you have any comments or require additional Information, please feel free to call this office,
ce: Eva Deyo, IWSD
Gary Ferrante, Boyle
-4
P:\25144\B. WTP\Water facilIties work. plan commenlletter.doc
-
Correspondence between
Collier County Government staff and FGUA
.
.
!f?rn No. 1.78
Fe~:.~(]ry 24, 2CJC3
Page 2~~S of 420
valera c
Agenda Item No, 17B
February 24, 2009
Page 236 of 420
From:
.... 5ent:
_To:
Cc:
Su bJect:
Attachments:
valera_c
Monday, July 28, 20084:59 PM
'ccouch@GovMServ.com'
Cohen Randall; FrenchJames
FW: 1 O-Year Water Supply Facilities Work Plan - FGUA information request
Table 8-3.pdf
Dear Mr. Couch,
We have incorporated the revisions you provided in the revised 10-Year Water Supply Facilities Work Plan. At this time,
we ask you to piease verify that the attached table is correct and to provide us with the AutoCad drawing of your site in
order to move forward with the scheduled hearings,
Thank you,
CAROLINA VALERA
Principal Planner
Comprehensive Planning Department
Community Development & Environmental Services
Collier County Government'
T:239.252,8498 F:239,252.2946
~From: Sciandra, Jason [mailto:SciandraJA@cdm.com]
Sent: Monday, July 28, 20084:37 PM
To: valera_c
Subject: RE: 10-Year Water Supply Facilities Work Plan - FGUA information request
Carolina,
We have incorporated the text based comments received from FGUA into the plan and revised Table 8-3 (attached).
To allow us to revise Figure 5-7, please request FGUA to send the revised AutoCAD drawing of the site to uS for inclusion
in the plan,
Thank you.
Jason Sciandra
Project Manager
COM
125G1 World Plaza Lane, Building 51
Fort Myers, Florida 33907-3991
Phone: 239,938.9600
Fax: 239.275,6755
Cell: 239.896,6538
E-mail: sciandraja@cdm.com
"rom: valera_c [mailto:Carolinavalera@colliergOv.~etJ
Sent: Tuesday, July 22, 2008 i:32 PM
To: Sciandra, Jason
1
Cc: CohenRandall; frenchJames; GramatgesPhil
Subject: FW: 10-Year Water Supply Facilities Work Plan - fGUA information request
Agenda item r~o. 173
February 24, 2009
Page 237 of 420
Jason,
.Please incorporate the data below from fGUA in the revised Plan.
Thank you.
CAROLINA VALERA
Principal Planner
Comprehensive Planning Department
Community Development & Environmental Services
Collier County Government
T:239.252,8498 F:239,252,2946
From: Christopher Couch [mailto:CCouch@govmserv.com]
Sent: Tuesday, July 15, 2008 12:06 PM
To: valera_c
Cc: cohenrandall@colliergov,net; Cohen Randall; Tarek Fahmy
Subject: RE: 10-Year Water Supply Facilities Work Plan - FGUA information request
Carolina I Randall,
Please see attached all pages from the Collier County I COM report that pertain to the FGUA. It appeared as though this
data was taken from a draft version of the system master plan and the 2003 WUP which is out of date. You will see
Anaccurate data crossed out, with the correct data marked beside it. Most of the revised information including population
wprojections and water use projections was taken from FGUA's long term water supply plan which Is being submitted with
are WUP renewal in August 2008,
If you have any questions or concerns regarding thiS revised information feel free to call so that items can be addressed
and Collier County can present the most accurate information as possible.
Thanks,
Chr'is:opher J. COllch
cc~~ch@govns~rv.c~~
Project C~ord~nato~
r.:;V\lenlmen~ Services GL01.':P, Ir.c.
/80 We{iva 3pri~g5 RQ2Q
Suite 2000
~ongwocd, ?L 32779
(4(7) 629-E90J offir:e
(407) ti29-69i-d fax
WWw.Qovserv.ccrn
From: valera_c [mallto:CarolinaValera@colliergov.netJ
Sent: Wednesday, July 021 2008 10:53 p,r...,
To: Christopher Couch
Cc: CohenRandall; FrenchJames; GramatgesPhil; Sciandra, Jason; Bengtsson, Terrance; jjackson@sfwmd.gov
Subject: 10-Year Water Supply Facilities Work Plan - FGUA information request
.
Dear Mr. Couch,
2
Agenda Item r,jo. 1IB
This correspondence is to let you know that in the next two weeks. Collier County (and CDM) will btf~~~~~~te
of the 10-Year Water Supply Facilities Work Plan that will be presented to the Collier County Planning Commission
(CCPC) on August 19th for their comments; to the Board of County Commissioners (BCC) on September 23rd: and soon
afterwards to the Department of Community Affairs (DCA) as part of the adoption schedule to incorporate the Plan into the
... ~ounty's Growth Management Plan (GMP), as required by Florida Statutes, Accompanying this updated plan, is a
,-response letter to DCA's comments to the first draft that was sent iast year.
You provided us with information last March, at this time, we would like for vou to comment and make anv other correction
that vou beHeve necessary to the information that the County is supplying to DCA in regard to FGUA Please note that the
comments generated by DCA mirror those that were provided by South Florida Water Management District (SFWMD) as
this agency is a key reviewer of this State requirement.
Thank you,
CAROLINA VALERA
Principal Planner
Comprehensive Planning Department
Community Development & Environmental Services
Collier County Government
T:239.252,8498 F:239.252.2946
-----Origin~l Message-----
F=orn: Christopher Cauch (mailto:ccouch@GcvMServ.comJ
Sent: Monday, March 031 2008 8:58 AM --
To: FrenchJames
Cc; Tarek Fahmy
Subject: RE: DCA C-Omrne!lts: Florida Gove:t.-nmental Utility Authority
Ja~ie,
~~ti:h':h8d"~::)~ ';lClUr. u;;.eir, upd::.lt:ln~ the C,:;lli'::.T C:;":OI..;.nr-y 10 :'I'ear It:at-=r BUFF1y F'5C:l 1':' ~:":'e..9 N.:ork
l"..l.2ir. 1.5 ,,\..;,U):~8 :!:espCYn!;9; to 8<'1ch c.f -:h~, DC.X!. t:Qrr.JiH~nts regardinq FGU1~:$ Gclder~ C::i:t:e i"J::.illtv
System.
If additional in=ormatio~ is needed please feel free to contact me and I will respond as
soon as possible.
<<FGUA response to DCA comments Collier County 10 year water supply facilities work plan,pdf>>
Christopher J. Couch
ccouch@govrnserv.com
Project Ccordinator
Government Services Group, Inc.
280 Wekiva Springs Read
Suite 2:J()O
Longwood, FL 32779
(407) 623-6900 o:fi~e
(4:17) 629-6963 faX
w~~.acvserv.com
From: valara_c
Sent: Wednesday, February 27,2008- 3:35 PM
To: FrenchJames
Cc: CohenRandaJl
Subject: DCA comments: Fiorida Governmental Utility Authority
Jamie,
~WOUld very much appreciate your help in addressing the comments from the Department of Community Affairs (DCA) In
regard to their review of the County's proposed 10- Year Water Supply Facilities Work Pian that is required by Section
3
163.3177(6)(c) Df the FIDrida Statutes. As to the Florida GDvernmental Utility Authority (FGUA),
comments:
/\oencla itern t\Jo. 178
DCA E~ail~fiRfjJllti'Qf/)C),
Page L,j8 01 4L:J'
1...The Florida GDvernmental Utility Authority (FGUA) currently operates a cDnsumption use permit that authorizes
.1.92 mgd and expires in 2008, The water analysis fDr FGUA indicated that it incurs a water supply deficit for years 2005-
2018. However, it did nDt provide any planning strategy such as alternative water supply projects to demonstrate how it
will meet the needs within the planning horizDn,,,
".TherefDre, the amendment is inconsistent with the following provisiDns:
Sections 373,0361(2)(a); 163.3177(4)(a); 163.3177(6)(c); 187.201(25)(b) 5 and 7, FIDrida Statutes; Rule
9J-5.011(2)(b) and (c), Florida Administrative Code.
RecommendaliDn: Revise the Water Supply Work Plan to be consistent with the South Florida Water
Management's Lower 'vVest Coast 'vVater Supply Plan, 2005.2006 edition. The sources identified in the
Work Plan must be demonstrated to have sufficient water tD meet the projected needs Df the County,
including the needs for all independent water districts. The Water Supply WDrk Plan for the County should
utilize the alternative water sources identified in the South Florida Water Management's Lower West
Coast Water Supply Plan, 2005-2006 edition, such as the use Df brackish water sources and aquifer
storage and reCDvery.
.
2".lnconsistency with Comprehensive Plan: The proposed potable water level of service standards for the
Orange Tree Utility Company, the Florida Governmental Utility Authority, and the ImmDkalee Water-Sewer District
are not consistent with the adopted level of service standards within the County's comprehensive plan. PDlicy 3,1,
of the Potable Water Sub-Element, indicates that all three independent potable water supply districts have a level
of service standard of 100 gpcd; however, the Orange Tree Utility Company proposed 60 gpcd, the Florida
Governmental Water District proposed 173 gpcd, and the Immokalee Water-Sewer District proposed 182 gpcd,
The County did not include a lext amendment to Policy 3.1, of the Potable Water Sub-Element to revise the
adopted level of service standards for these water districts, In addition, no data and analysis was presented to
support the changes to the level of service standard especially an analYSIS of how increasing the level of service
standard would promote the conservation of the water resource,
Therefore, the amendment is Inconsistent with the foliowing provisions:
Sections 163.3177(2) & (4)(a); 163,3177(8), F.S.; and Rules 9J-5,005(2), (3), (5); 9J-5.006(4)(a); gJ-
5.006(2)(a), FAC.
Recommendation: Revise the 10- Year Waler Supply Plan to be consistent with the County's
comprehensive plan by either revising Policy 3.1 of the Potable Water Sub-Element and any other
appropriate policy to change the level of service standards for the Orange Tree Utility Company, the
Florida Governmental Utility Authority, and the Immokalee Water-Sewer District to those used in the Work
Plan; or change those level of service standards used in the Work Plan to be consistent with the level of
service standards that are established in Policy 3,1 Df the Potable Water Sub-Element. If the County
wants to establish different level of service standards for the independent water use districts, include the
data and analysis that supports the standards and how they promote the conservation of the water
resource.
The following is the County's proposed response to DCA in regard to the above comments:
To comment NO.1
For privately held or investor owned utilities in Collier County not covered by this Plan...
.
,..For OTUC, County regulatory staff has been informed by the responsible charge for this utility
that oruc was granted an additional 0,87 mgd consumptive use penn it on November 11, 2004,
providing for a total consumptive use of 1.73 mgd. See attached SFWMD Permit No, 11-00419-W
and Application No. 040629-8,
.1
..
Agenda Item No. 17B
...Information requests to each of the utilities were made by County RegUlato~1W'\\f~\I1l1gr~06
Comprehensive Planning Staff to those in responsible charge of each utility andlWi informaJon
received was incorporated Into the Plan. Each utility was given a copy of the draft version of the
Plan and allowed the opportunity to provide comments, prior to the report being submitted to
DCA. The report submitted was provided to the responsible charge for each utility.
Additional information requests continue to be made as a result of the ORC report, but early
indications from the utilities are that Master Planning efforts for the current 5 year window are on-
going and will not be completed prior to the County's planned submission of the revised Plan.
To comment NO.2:
....According to Policy 3,3 of the Potable Water Sub-Element, "The Level of Service Standards
contained in Policy 3.1 are the minimum criteria for replacement, expansion or increase in
capacity of potable water supply facilities." Further Objective 3 states, "Pursuant to Chapter
163.3202, F.S., including any amendments thereto, Collier County has implemented procedures to
ensure that at the time a development order is issued, potable water facility capacity that meets or
exceeds the minimum Level of Service Standards established herein is available or will be
available to serve the development under the guidelines established for concurrency in the
Capital Improvement Element of this Plan." By selecting LOSS greater than the LOSS identified in
Policy 3.1 FGUA and IWSD are guaranteeing that they will meet Objective 3 when development
Orders are brought forward in their service areas. The 60 gpcd LOSS selected by OTUC reflects
the fact the utility only provides for the potable water needs of its customers. Irrigation needs are
met via individual well and community irrigation systems that are supplied by on-site lakes.
Collier County does not have the authority to force these utilities to adopt the LOSS in Policy 3.1.
Rather the LOSS are a guide by which Collier County can determine the concurrency of future
development proposed in the service area of each utlllty. A copy of Collier County Ordinance 96-
6, as amended, by which private and investor owned utilities are regulated by the Collier County
Water and Wa5tewater Authority will be attached as exhibit to this revised Plan.
-'1CA has agreed to work with the County and postpone the submittal of the revised 10-Year Water Supply Facilities Work
Plan. so as to resolve consistency issues with the County's Capital Improvement Element (CIE) of the Growth
Management Plan. I would like to know if the FGUA would like to add or revise their data and analysis contained in
the revised 1o-Year Water Supply Facilities Work Plan. Most notably is the following statement on pages ES-6
and 6-3 of the revised document:
"The improvements planned by the FGUA for the to-year planning period are sufficient to meet the demands of
the service area, However, the allocation of the underlying CUP (11-00148-W) does not cover the withdrawals
required to achieve the finished water demand, "
Please note that the County is in the process of revising its CIE, The revised CIE will be submitted concurrently with the
revised 10-Year Water Supply Facilities Work Plan, The County does not Intend to revise the existing LOSS of 100
gpcd for the FGUA in the CIE, unless the FGUA would like to revise this number. Please let us know as soon as
possible.
I have attached the previously forwarded document and letters for ease of review, Your timely response is appreciated.
<<Officiai ORC letter (DCA),pdf>> <<Collier County 10-Year Water Supply Facilities Work Plan (12-11-2007),pdf>>
<<Response to DCA ORC Report-Camp Plan edits, doc>>
CAROLINA VALERA
Principal Planner
Comprehensive Planning Department
Community Development & Environmental Services
..;a:ollier County Government
'-:239.774.8498 F:239.213.2946
5
.
.
.
February 29, 2008
James C, french
Operations Manager
Community Development & Environmental Services
2880 North Horseshoe Drive
Naples, fL 34:104
Re:
Response to DCA comments Collier County 10 year water supply
facilities work plan
Dear Mr. French:
The Florida Governmental Utility Autllorlty (FGUA) is In receipt of your email
dated 2/27/08 regarding DCA comments of the Collier County 10 year water
supply facilities work plan, For ease of review DCA's comments are restated
followed by the response.
DCA Comment: The Florica Governmen:al Utility Authority (FGUA) currently
operates a consumptlo:1 use permit that BlIthonzas 1.92 mgd and expires in
2003. The water a:1alysls for FGUA indicated that ~ incurs a water supply
del1city for years 2005,2018. Howevor, It did nol provide any planning
strategy StJch as alternative waler supply pr:>ject.s to demonstrate Mw it will
l'!'Ieet the needs within the planning horizon.
FUUA Response: The FGUA's current CUP is 1.92 mgd or (702 MG annualty)
end Is set to expire September 11, 2008; FGUA has plans to apply for en
increase In the CUP before the expiration date, The FGUA'g current WTP has
a design capacity of 2.09 mgd with BIl RO expansion planned for FY 2009
which will increase the design capac!1y to 2.34 mgd. FuMer RO expansions
have not currently been budgeted for the five year forecast. but ere being
evaluated in ordar to reduce dependoncy on the Water Table equifer and
shift more towards brackish water from the Lower Tamlaml using RD.
DCA Comment The proposed potable water tevel 01 service standards for
\t',e Florida Governmental Utility I\uthority ore not consistent with the
adopted level of service standards Within the County's comprehensive plan,
POliCY 3,1. of the Potable Water Sub. Element, indicates that the independent
potable water supply districts have a level of service standard or 100 gped;
howeve' the FGUA proposed 173 goed. The County did not include a text
amendment 10 POlicy 3.1. of the f'otatlle Water Sub,Elcment to ,evise the
aoop:ej ievel of service standards for 'these water dlstncts. In acJcfition. no
dB:a and analYSIS was presented to support the changes to the l,wDt of
service s:andards especially an analys,s 01 how Increasing the level ur
se~ice stsnd!Hd would promote the canserva:iDn of water resource.
FGUA Response: In 2007 tile FGUA sold approximately 520.8 MG of water
which equates to 1,426 MGD. Thera are currently 3926 water connections
with an estlmateo population of 4 people per connection which equates to
15,704 people, (continued on next page)
LEA ANN THOMAS, CHAIR
Polk County
~RIAN WHEELER
Osceola County
JIM LAVENDER
Lee County
ROBERT KNIGHT
Citrus County
CHARLES C. SADDLER
Town of Dundell
FGUA OPERATIONS OFFICE
Government Ser\;ces Group, Ine,
Prolegrity Plaza, Suite 2000
280 We kiva Springs Road
Longwood FL 32779
877/552,3482 Toll Free
407/629.6900 Tel
407/629.6963 Fax
-
'"
-)
-.
1.426 MGD / 15,704 population = 90.80 gpcd whioh falls in line with the
100 gpcd level of service standard In Policy 3.1. Therefore please revise the
FGUA number to renect the 100 gpcd level of service standel"O as listed In
POlicy 3.1 or the Potable Weter Sul>-Element.
DCA COmment: The district commented that the FGUA's existing facilities
and proposed projects differ from the information in the District's approved
alternative water supply grant. The District recommended that the FGUA
should confirm that if grants GG012 and 00015 have not changed it should
reVise tables 4-14 and 4,15. as appropriate. The County should address this
comment by the District
FGUA Response: Teble 4-14, the Information in this table Is correct except
that wells No. 12 and No. 13 which are ourrently permitted but not
constructed need to be added. Both wells are 10. diameter, 180' total
depth, casing depth of 80' and have a capacity of 810 GPM each end pull
from the Lower Temlaml. The welllnformatlon In the alternative weter supply
grant IS incorrect In regal"Os to the capacity.
DCA Comment: FGUA's existing facilities (Tables 4-14 and 4,15) and
proposed prOjects ITable 8.3) differ from the information In the District's
approved alternative water supply grant, The grant proposal lists existing
facilities and projects GG012 and GG015.
FGUA Response: Teble 4-15, the Information In this table Is correct, the plant
capacity Information on tha alternative watar supply grant was listed
Inoorrectly as 1.724 mgd and should have been 2,09 mgd as stated in tabla
4-15.
Tabla B-3, the capital Improvement projects In table 8-3 ere Incorrect; please
see the attached five year capital Improvement project list which includes
projects GG 008, GG 012 and GG 015 whloh are the referenced arternatlva
water supply projects.
If you should have any questions regarding this or require more information
please feel free to contact me.
~~
Tarek M. Fahmy, PE, CGC
Director of Operations
Government Services Group, inc.
280 Weklva Springs Rd Suite 2000
Longwood FL, 32779
cc: Carolina Valera (Collier County Comprehensive Planning Dept)
FGUA OPERATIONS OFFICE
Government Services Group, Inc,
Protegrlty Plaza, Suile 2000
280 Wekiva Springs Road
Longwood FL 32779
877/552-3482 Toll Free
407/629-6900 Te!
407/629,6963 Fax
.
.
.
.
/\.~12nda item No. 'I is
- F'::ob:"ua.y 24, :2009
Page 243 of 420
FLORIDA GOVERNMENTAL UTILITY AUTHORITY
GOLDEN GATE UTILITY SYSTEM
FIVE YEAR CAPITAL IMPROVEMENT PROGRAM
For Fleur V"anl FY %007. FY 2011
(1000)
PROJ. "0. PttOJiCT
GODQI r:1l1"JlfIUh>lIItn(row "0'110'1.1
aGOO1 InNr.talkmtlrlrlO..... R.rr',C"~!b1
CGQotI2 't.1-:t Sub-un f(e!':la;ll6. n-l!'j>'l.;:o.Ttltll {~pt.J yeM)
GGOO) "CI!t1m~1I'Y
GGOe'~ Mi:lo:atIJIU(i'U' Fta?IIr" R"-'l.w,l
GGiOlloS rj"lolydf&D1F!etP"'tcrT",J.'It
OG~ W!llllf M!t!tI~ Repl1lc:.emlr.1 P~t:g;g",
GG1Dot ~flW Wol'r CIIPIlC[W ~lIl1tt~" ("'t\'f;C-l
G('l"CI10 Wlll.rOhr.rIll"..lljor. 81'~tem ImpWlfrlm,nlt
OG(;ll RO Fii.m Mllmi)!IIn. HrpiKe"IG~
GGtH'I RO PIII\l M,mbr...,a R'Pf't4lMIlIf1l
G:3tJU WlilJlr nlJllm.4n1. PAil'll EqAoIlt!Ql1 P!l&flft 4
GG01.f Wil'I~.~r S:Y.'li'I'! Co!:fl\l:t,on A TrJlUtniUlwt Imp<
GGGU W.T1ewallllf 5y[l.rtl t.:Qlietll1:o/'I& ~r'''''/'ll..~,loo (~
GG01$ O~llJl WB'i ~nJEMultU [Nt-\lcul
GGCU: EI1\tpIt1.n~ R~p{e..mllllt
G'OOrt tiY"!Il-tr. W1#1 hklltt Pie!! VP.d:lllll
tiOt.l#D Vl.'T"blC"lll1r.;rlll:t!ltl.ot
Gt3~n W1P P1.Irnp f!'YJlI''''' UP;'l't1ClI
c.GO~ WY\-'Tf! E.J;p.~!l (O.J&- MOt' II) 1,5 illolGD)
OG02~ WTF' SfllUrtt)' ~....m.lil.
OGm1 Htntlb Mj'S SOIV!lb.r WWTP
GG01' W~I V"lnI:GU
GGD3" RICIIlmld \"Velel Prajld
OGOU Pelnl WTP Unll A amI Unll fl
GGQU TJ1IIallmnl UftII BRwb
GG044 BulllJ Ollt or Cuslarner $eryjU omc.. GO:dan Gale
GG04$ Utl!fty R,loc.alion- ~hmll ti,U\lBrJo BcMtvaro
GGOMl In,pClC10rVahlelo PurchllE8
0130" DCCl.lmmC 1m\!l~nO' System
follll
Sou~.. of Fvndl
RenDW&1 & Fhlpl&ql1l\tnl FlHla
Se:r181 2005 Bond I.uus
SlIrlllS ZOOS kmJ hUll'
W,ler CllP~ry Fees
WUII.waler Cap"tlt, Fell'
Sorle. 2007 Spocllll ;.,n05~mant t'h:mda
To~1
Fund
GG28
emu
GGel5
can
OQO&
000f
GO"
GG2"
OG$1
GG28
GGZi
G02&
GG28
-GG29
6G28
GG2a
GG05
!:i[J2e
(HUe
GG2!l1
GGZI
0028
00"
(302.
G(30~
000'
GGZI
ClGO'S
G02t
GG05
GO"
GG28
0.029
06.'0
GOo(:;
OGS6
rY;i!(I~7 FVtoet FY 20D" F'O~HI' fY %:12-11 To~l
1&0 I&< , JD~
"0 160 '" ...
~ 5C ,&0 '>D 100 150 m
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,. l~ " '0 '0 lSO
" 1. 1. 1. "
m. n~ eafl , ,..
.,. 7~ .,. 1,07' 4,HiII
. 80
mm . ,~ 8. 70 200
r: 1,'615
eo. . . 804
. . lOO 20. '00
3..435 , 3,436
80 7. 1&0
10 .. '00 10 ,. '"
m '"
.. , ..
US1S , 1,516
'" . , . '"
. ". 12>
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,
m 7., C&'II, ." l.{I'll' ", j~
1U! . ,,, . ::122 , '.tA" ~ 11111 1Wf
Note '. "rOI.dc~
().6C>O'll' .,...;. G&OI1. ....eo,. '"G2J.J
('e~'d.U\..l 1;,- H :k>c,\
1ft~nrd: 5epJomolr", 200S
IV-11
-
Agenda Item No. 17B
February 24, 2009
Page 244 of 420
~
Executive Summary
2005 2008 2013 2018
PermiUed Surplus (Deficit) (MGD)' (O,80) (1.10) (1.64) (2,20)
, Calculated by subtraccllng Annual Average DaUy Demand from Av.altable Facility CapacIty,
2 Raw water requlremenlle; the amount of raw water need 10 make a certain amount of nnlshed water. It
Is calculated by dividing the Annual Average Daily Demand by the efficiency af the treatment process.
3 CUP for 3.36 MGD annual averageeKpires June 15. 2010.
<l Calculaled by subtracting the RawWaler Requlrement from the Permitted Amount.
Based on the capacity analysis, the improvements planned by the lWSD for the 10-
year planning period are sufficient to meet the demands of the service area.
However, the allocation of the underlying CUP (11-00013-W) does not cover the
withdrawals required to achieve the finished water demand.
Florida Governmental Utility Authority
(Golden Gate) (FGUA)
The FGUA service area is nearly bullt out and the utility's plans for the 10-year
planning period include projects to meet minor increases in water demand,
Table ES-S summarizes the treatment capacity of the existing and planned potable
water facilities for FGUA.
Table ES.S. Summa
Facl~ity Name
of Existl n
and Planned FGUA Water Treatment Facilities'
Year I Design Capacity Project Identified In
Onlln" IMGD LWCWSP
Online 1.22 1-10
...~
Goloen Gale WTP (LS)
Golden Gs.. WTP (RO)
Golden Gate WTP (RQ)
Online
0.87
0.25
No
1-10
~~
'%.<>I~
~-
u..e"
No
Based on population projections available for the FGUA service area, a capacity
analysis was performed looking at project demand versus plant capacity versus
permitted allocation, The results of the capacity analysis are summarized below in
Table ES-6,
Tabl. E5-6. Ca
Is lor FGUA
2018
...
CDM
2..0;-5
P 1Cafio, c........Iy\'o.y_, Wfll.O'f1u..m F...,ir-W",~Plon'IIIII"'..."", s_ ~IOI" ~"_\Ito"",,,,$t~1!!<'! 'f>(:(;Pl";lIT.,.1I1lofi E>:"",\~ (!o$MI!!!y..hc12r! l!J(!'J'1'
.
.
.
COM
Agenda Item No. 178
February 24, 2009
Page 2~ 5 of ~20
Executh'B Summary
Permitted Amount (MGD Annual Avera e:_ ~o~: ~O:!J
Permitted Surplus (DeficitllMGD)' {:>, '" (0 c ~ ,
Calculated by subtracting Annual Average Daily Demand from Availahle Facility Capacity.
:! Raw water reClulremenl is the amount or raw water need to make a certain amount of finished water. it- f."fv\lJ\,~ X.
j", r""If"'"lntn.. t'~ !'i i~.RJ tl:js. .~w,.,u.J A'It;jl:a~t; Ui:louy 1.Jl;:l11,...J~} i~!l ^ffi",bn"'l' "r Ih~ ~'~:?~Vr;;Jt }lr^^'ffG. dl?\f'IWYod. yU ('f"\-~
: CUP for 1,92 MGD an~ual average expires September 11, ZQDa. n..f raw ....~\U"
Calculated by subtracUng the Raw Water RequJremflnl from the PermItted Amount. '-4 >c"dR
The improvements planned by the FGUA-. for the lO-year planrjng period are
sufficient to meet the demands of the scrvke area. However, the allocation of the
underl)~ng CUP (11-001 48-W) doe. not cover the withdrawals required to achieve the
finished water demand. It" I....l-J'hl(' :", Lvf ;. be....,. ~V'r-tJ J-~ .... ~ '{'....,..,. uF 1"'0 i"~- ~t r~o:!"..)..l
o.-J- ~ \.. touM' 1-4. ~ ~"'U'<2. w.-t\..lJn......v....\") 1\J.<<Jt.J.
Orange Tree Utility Company (OTUC)
Table ES-7 sununarizes the treatment capacity of the existing and planned pOlable
water facilities for orue.
Table ES.7. Summa
Facility Name
Orange Tree \NTP
I, Orange Tree WTP
Expansion
Total
of Existln and Planned OTUC Water Treatment Faclllfi.,,'
Year Online DeSig~g6)a~ Project Identified in LWCWSP
Online 0.7~_ N/A .
2009 0.75 I No
1.50
Based on population projections available for the OTUC service area, a capacity
analysis was performed looking at proj~ct demand versus plant capacity versus
permitted allocation, The results of the capacity analysis are summarized below in
Table ES-8,
Tabl. ES.B,. Capacity ^nal~. for OTUC
- I
.. '?.Q(!5 2008 2012
en2n 2,631 .~.700 9.500
(MGD) 60 80 85
-
!JLDemand (MGDI 0.16 0.46 0.81
",aclty iMGD) I 0.75 0,75 1.50 .
Jrplu~ {Doricl:) (MGD)' I 059 0.29 I 0.69 '1
menII'~GD)' *_0,,20 0.58 ',04
M,!3D l'nn".1 AV&@g"L Q,86 0,66 0.86
Dene;!) iMGD)' ,_ 0.66 I 0.28 (0.16) I
-
Servi~ Area Po~
D-emand Per Caoila
Annual Average D.~
Available Facility.fi!p
Facility Capneftv S,
Raw Water REquire
Porm'tled Amount (
Perm,!led SU'1liu.s (
. Calculated b~ sublractlng Anllual Average Dally Demand from Avallable Facilily Capacity.
.2 Raw water requirement is the amount of raw w;;lh:r need 10 make a certain amount of finished water. It
Is (;alel/Jalali by dividing the Annual Average Dally Demand by the efficiency of the treatment process.
:I CUP for 0.86 MGD annual average expires November 11, 2009.
~.~.. ::~'''~i.l:;;''!''''''"I.ol'''::;"",,:,r'''~;'.,;';ij..P;;;'i,ii:l'......,S.Fie'' \~Y""",~5""",,,;.,;;.:...;;;;Cl,T"l\;;; h.........:.o"""""._.:/JI1t./::oJt
ES.6
Agenda 11em No. 178
rebruary 24, 2009
Page 2c16 of 420
""
Section 3
PopUlation and Demand PrOjeCtlOflS
The ISWD LOSS includes operational standards and a per capita water demand
standard of 182 gped, Based on the WSS of 182 gped and the population projections
presented in Tahle 3-4 the demand projections for the IWSD were developed. Table 3-
5 presents the projected served population and demand lor the iWSD, in S-year
;nCTements, through 2018, Demand is provided as both Annual Average Daily
Demand in MGD and Maximum Month Daily Demand also in MGD, Maximum
Month Daily Demand is determined by multiplying the Annual Average Daily
Demand by a peaking factor, which in this case is 1.2.
rabln 3-5, Project Population and Oomand for Areas Served bv IWSO
fV-;ar -- I
2005 2008 2013 2018
Service Area Population 22.206 23,784 26,638 29,664
--
Demand Per Capita (MGD) 182 182 182 182
Annual Average Daily Demand (MGD) 4,04 4.33 4.85 5.40
Maximum Month Daily Demand (MGD) I 4,85 5,19 5,82 L 6.48
-
-,
3.2.3 Florida Governmental Utility Authority
(Golden Gate) (FGUA)
Table 3-6 shows the projected populations for the "reas served and to be served
within th~ existing FGUA service area. The population is shown in 5-year increments,
through 2018,
Tabl!, 3-6. Population P~~jection.lor Areas Served br_FGUA .,
I Year t 2005 20081 2013 ~I
tserved Area Population' . I '-42. ~ 'j~ll ~. ~,,~~ 17~~
€e.r ~lJ. v-" P""'rnk1lt...". .....2rrr.;lliw JI"1?19~iel~ "eltH!~d: ,8rW~;ID CL'~ 1111 9;31 ~e. ':",'.
f'r"lnhd,oA \:)'-3.tJ. Of.) '2.000 us. (Q.J.I!o\:lJ ~.'Z,. ."'ti'lJ.~v.~1 ~ re...,ca..,-<. ",....\~1'\.q~ \;:I-a- .ELi'..
The FGUA :JljS includes operationalstand'li:'iI.' and a per capita water demand
standard 0 gpcd, Ba.ed on the LOSS of ~gpcd and the population projections
presented in Table 3-6, the demand projections for the PGUA were developed. Tabl.
3-7 presents the projected served population and demand for the FGUA, in S.year
increments, through 2018. Demand is provided as both Aromal Average Daily
Demand in MGD and Maximum Monlh Daily Demand also in MGD, Maximum
Month Daily Demand is determined by multiplying the Annual A vcrage Daily
Demand by a peaking factor, which in this case is ~ 1.2.7
61" A(.hJt
('P""h.~,N$ .
.T~:;~ 3-7. projact Popul.t;on end Demand ;ra~~~;rd b~~~U~013-201Bl
Service Area Populatio~. 1110 2--- ~ 17', f''1~
~d Per Capita (MGD) : ;0') ~ l(>"1- ~ IIO~ ~ 110'1 :!+a..
Annual Average Daily Demand (MGD) il..., +i'e 1.5''0 ~-i"'''''' 2.1~11.8~ ~.(le
Maximum Month Deliy Demand (MGD) l!::'!" 2.15 ~'12,~1 2.1/ ;1.,i;1- },'1D ?:eej
..
COM
3,3
;=.\c...;;..,C<>....;y.;;;........-.",.......fi"PFiri""';;;"."'....~iro',I;ti/\i"""on5.kani.......Il;lO!i"""'...._ClOll"'ct)i'(;J\i.~S_)OOO'lIl\t!oor
[.'-''-'n,I..:o 1':-C:O"'ll ') "~3
I IJl";:,. '-:'...... , l(.,.." .-, 'J~.. ,,'
c wruary ..-4, 2009
Page 247 or 420
.
Section 4
Existing Water Suppl}' PBcifities
size from 2-inch to 12-inch, The distribution sl'stem contains approximately 1()() miles
of mains, Table 4-12 summaries Ihe existing water storage facilities utilized by rwSD,
Table 4.11, Summary at E.lsltno IW5D Water Treatm
"Facility'Name"" Design Raw Water
Capacity Requirement
(MGD) (MGD)
ent Facluties'
Raw Water
Source
, Traditional! !
I Alternative I
I I
L T i Traditional (Freshll
- 'I..T--TT;~dllional (Fresh)
L T Traditional (Fresh)
Jerry V. Warden WTP
,-'
Ai rport WfP
2,25
1.35
2.32
----.--
1.39
Carson Road WTP
0,90
0.93
..
T atal I 4 50 4 64 ;r.',:,;!IFnW:~~ih~.l~i;t;i;:~f:~', 1~~t~~,!~'jj~ili'n)IllI~"'~r~i,~i~!m;i:i;;
- . -.. . .~". :'-rii;J:'al~"'fl,,";:i!~~;~~Jirf.~1mlliLl1~h;ll!r':l,l'T'll:
Inlorm3!ion on aXlsting water tfL'atm~nt fi::ll:,htl.os l.al~on ~rom thD 2005--2000 Lolllilf Wai!>1 Coas.IIJV.;;1er
Supply Plan Update approvsd by the Governing Board of the SFWMD on July 12. 2006.
2 Raw wEiler requirement is the amount of raw water need 1:0 mat<e a certain amount of finished water. It
Is calcula1ed by dividing the finished waler capadty by the efficlency of the treabnenl process.
.
Table 4-12. Summary of Existing tWSO Water Storago Facilities1
L-f~ Na""" ,_I.____Ta'!~y.<?!ur!'~(MGL fu5aiii'eStorage Volume (MG)
Jerry V, Warden WTP_..,..,.._.._,l,El.O._ I 1,80
~%:';;'~~dWTP :H~---+-...._---~~~
-,..----.--~-. ...-.,.. "''''''1-'----
I Total i 3.05 3.05
~-lnf~li\J'r on E'Xi:;:.\1I1.tJ water slorage fildlli'-e's taken from CUP #1 ~ .00013-......". ._~._----".,,'-
I
I
4.2.3 Reclaimed Water Facilities
Currently, IWSD disposes of all effluent wastewater via an on-site spray irrigation
field, percolation ponds, or deep ,,,,'ell injection. There are no current plans to develop
a reclaimed water distribution system.
4.3 Florida Governmental Utility Authority
(Golden Gate) (FGUA)
4.3.1 Water Supply Permits
The FGUA maintains one CUP for potable water supply, The details of the CUP are
presented in Table 4-13.
Te!?!~ 4-1,;J,c,fo~,~'''n!'tjY!U,l,,'~l''''llTlil._lssued SFWMD to FGUA _~~
[,onsurnptive I AqUIfer I Number of Expiration Annual Avera9. e. ~Max imum .1
Use Permit . ,Permitted Dale Allocation Day Monthly"
i Wells (MG) Allocation Allocation I
I--~"--I LT :..@-(proposedl. 9/1..1!?.QQ.~J 331- l-:::(~-,-;)_~='u_;~is .
11-00148-W I WT i 9 9/11/2008 r NIA 'N/A NIA!
,_~ rTOla!-~.i ~*- 702 1.92 ~5o--1
.
(DVI
>.l.7.0
P.\Cd'", Co''''r,IOo-V"., w.... !:."f'o/F""';rIo. w..... r-'i.~'!>}"......lnn.. Pl... !"'""...! ,,~~" :;:";,m",,,,,,~ C!:~:;~~~'~~S=c.4_~i;:!"11~~~1
Agenda Item No. 17B
February 24, 2009
Page 248 of 420
~
Seellon 4
Exlsllng WatE'f Suppfy Facttfti8s
4.3.2 Potable Water Facilities
4.3.2.1 ~ellfielCls
Currently, PGUA operates 1 wellfield, with wells on or adjacent to its wrP site, The
Ioeabons of these wells and WTP are illustrated in Figure 4-8, The wells maintained
by FGUA tap the WT Aquifer, which is a traditional freshwater source, The two
permitted LT wells are proposed and discussed in Section 5,3,1,1. Table 4-14
summarizes the existing wells operated by FGUA,
Tabl.4-14. Summa'" of Welle Onarat"d bv FGUA
Well No. Aquifer Total Depth Depth of Diameter Capacity
(ft) Casing (ft) (In) (gpm)
1 WT 22 15 6 200
2 WT 22 15 8 250
3 WT 45 35 6 160
4 WT 45 35 8 200
5 I WT 22 15 8 250
8 I WT 22 15 B 250
I 9 I WT 25 I 25 10 200
10 I WT 25 T 15 B 200
11 T WT 25 I 15 8 200
, .
Informatlcn on e>as.tlng ,,"'Slls t&ken from CUP #-1 1-00 148-W,
-,
4.3.2.2 Water Treatment Facilities
FGUA operates 1 WTP, the Golden Gate Water Treatment Plant, which is located west
of CR-951, south of Golden Gate Parkway, as shown in Figure 4-8. The WTP has a
finished water capacity of 1,22 MGD using IS, which is augmented by 0.87 MGD of
RO for additional capacity. A summary ofllie existing water treatment facilities is
provided in Table 4-15, In addition to identifying the design capacity of each
treatment train, the amount raw water required to make the design capacity is also
provided.
Table 4.15. SummaI}' of ExlStl n FGUA Waler Treatment FacHttl.. i
Facility Name Design Rew Water Raw Traditional!
Capacity Raqulramant' Water Altemaijve
(MGD) (MGD) Source
Golden Gate WTP
(LSI
Golden Gata WTP
RO
i Total 2,09 I ~ M
Info:rmation of exlstrng wallllf ttsatmanl f&(lllltiO$ mke from the drDft2\lOl W8tf.tt Mlllter PIDn Updzt!,
frepared by Arcadis, June 2007,
Dl!!IU.1 U':l.terre:Jllirt:'mAn~ It:; th~ Amnlll:lo1 d 1lilIIi"" B'~er RB8Irl 'ki~aljllil 8 l:e!'t!L" ...1.1l;J'l.l1\1 Ul 1.E1f$~lSU Wr!U.:l.. it
j:; ~I-;,,"~"" ..~' ...~"~IAi tl<1e [..1..1 ='='.... W-tOu:ll r.G1-'.._lly bjll~G 4fhl iN liil' sl~.\;:)E:i 1r!Mme::;t ~.!:h.."",....
jJ I\>f'l> "" "''''''''loa "l>"'~""b i2(f'0o\- ~\>. '" .\,,,,I'W~ t. "" ~ .
1.22
4N!6 t.>~
wr
Traditional (Fresh)
0.87
1,18
WT
Traditional (Fresh)
"..
COM
4-21
!'".'\C_D>l..!'t'11).''!'''...W......''''_m.~~...w~'''I't>!!'.l)~\le'"'"'&_~lfl.n''''"'VI'M:Jot~_''>0{;Pq.T~l\itIIBoo::lh"'_d""1?i'1"2')/l7
,L'I,genda Item No. 178
February 24, 2009
Page 249 of 420
.
Section 4
Existing Water Supply Facililies
4,3.2,3 Pumping, Storage, and Transmission
The existing transmist;ion facilities consist of tran..~mission pipelines, water storage
tanks, and pumping facilities. The transmission facilities utilized by FGUA are shown
in Figure 4.9. Waler from the WTP is pumped to a 0.52 MG ground storage tank,
located on the plant site. From the storage tank water entern the distribution system
which consisls of mains ranging in size from 2-inch to 14-inch. The distribution
system contains approximately 42.5 miles of mains, A booster pump station with a 1
MG groW1d storage tank on Green Boulevard is used to maintain water pressures
within the distribution system. Table 4-16 sUITLTnaries the cxjsting water storage
facilities utilized by FGUA.
Table 4.16. Summary of Existing FGUA Storage Facilities'
Facllilv Name I Tank Volumo (MG) I Usa!!le Slorage
..S3oldan Gate WTP Tank ... , 0.52 I 0.5
,
Green Blvd. Booster Pump Station Tank I 1.00 I 1,0
-
Total I 1.52 1.5
Volume {Mj3
2
o
2
, Information of existing water storage l.clllll"" .""" from the drelt 2007 Water Master P,an
Update, prepared by Arcadls, June 2007.
'1
.
4.3.3 Reclaimed Water Facilities
The FGUA currently disposes of treated wastewater using rapid infiltration basins
(RIBs). The existing permitted capacity of the RIB system is 1,25 MGD, which is
sufficient to meet the disposal ne~the exj~ting 0.95 MGD facility and the planned
. u
Phase I expansion of the facility t. GD AADF, scheduled to come on-line in
too' ~ Two planned future expansions of the facility will increal:le the capacity to 2.00
} ~C'D '), ~,)1 Q. The FGUA considered the possibility of utilizing water reclamation as
a possible alternative disposal method in its 2006 ReL1se Feasibility Report,~ o..^J
\S ?~A'~:t-~iR_~ tkst upgrading the treatment facilities to FOEP public access reuse
standards and developing a reclaimed w~ter distribution system within the service
are~'1 ii~ht B~ e8~l t'......l.L~l; > .... As~~lter~tive the FGUA has decided to construct a
Class 1 deep injection well to meet future ef.f1ue~t disposal needs. v.'tI\... \ t\"'e r-b.!~f $'1s\~::'l,
\^ ?lAce.
4.4 Orange Tree Utility Company (OTUC)
4.4.1 Water Supply Permits
The OTUC maintains one CUP far potable water supply. The details of the CUP are
presented in Table 4-17.
Table 4-17, Consumotlv9 Use Permits Issued bv SFWMD to OTUC
ConsumpUve Aquifer ' ~mber of Expiration l Annual I
Use Permit Pormllted Date Allooation
Wells (MG) I
--- I
I 11-D04:9-W LT 6 ~11l20091 313 I
-
Average Maximum
Day Monthly
Allocation Allocation
(MGO) t-.:MGOl
0.66 37.70
-~
.
a:JM
~23
P \{'..,"",Qoo,"'y.'(.".I!'....~~""l"l!rr."""""" '\Y,..;, P;:'>l7:' '{=!"".~ - ~ w...."'~~ '>It";.,, s= ~.~'" ~~'l::r.r~=' ,,=t-.~..c:,,;l~,j '1~:lOl
.,j
-.,
At
CDM
Agenda Item No. 17B
February 24, 2009
Page 250 of 4 20
SectiDn 5
Planned Water Supply Facilities
5.2.1,2 Water Treatment Facilities
The IWSD is currently served by 3 interconnected water treatment f.cilities, the Jerry
v, Warden WTF, the Airport WTP and the Carson Road WTP, During the 10 year
planning period IWSD plans to expand its Carson Road WTP to meet increasing
demand.. Table 5-13 summarizes the treatment capacity of the existing and planned
polable watcr facilities for IWSD.
5.2.2 Reclaimed Water Facilities
Currently, IWSD disposes of all effluent wastewater via un on-site spray irrigation
field, percolation ponds, or deep well injection, 111erc are no current plans 10 develop
a Tedairned water distribution system.
5.3 Florida Governmental Utility Authority
(Golden Gate) (FGUA)
5.3.1 Potable Water Facilities
5.3.1.1 Wellfields
FGUA currently operates 11 wells, ten of which are located on the ,ite of the WTP, To
address future demands FGUA is planning 10 bring ~additional wells on-line in
2008. The locations of these wells arc shown in Figure 5.7. Tables 5-14 summarizes
the well FGUA plans to construct.
T bl 14 S
d FGUA W II ·
IPI
a a5. ummorv 0 anne e s
Well No, Aquifer Total Depth Depth of I Diameter (in) Capacity
(~) Casing (It) (gpm)
12 LT 180 8() I 10 810
13 LT 180 80 I 10 810
;f1tinfQrfT,!iJ;tiDfl on planned wells taken from CUP #11..o0148-W. 10 ?-D i>
\...:; t'-l 1-'" 7-/)0 I'll "
~r<<.
Table 5-15 identifies the major wk. required to build each of Ihe 4>w<> wells, along
with the funding source that will be utilized and the scheduled dates for studies,
property acquisition, design, permitting.. and construction.
5.3.1.2 Water Treatment Facilities
FGU A operates 1 WIT, the Golden Gate Water Treatment Plant, which is located west
of CR-951, south of Golden Gale Parkway, as shown in Figure 5-7. The current
capacity of the WTP is 1.22 MGD \l,si~ LS and 0.87 MGD using RO, FGUA plans to
expand the facility 10 a capacity of~GD by adding additionai RO treatment
trains. A summary of the existing and planned water treatment facilities is provided
in Table 5.16. In addition to identifying the design capacity of each Ireatmenttrain,
the amount raw water required to make the design capacity is also provided,
Table 5-17 identifies the major tasks required to build each of the planned expansion
phases, along with the funding source that will be utilized and the sdleduled dates
for studies, property acquisition, design, permitting, and construction.
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5-21
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ebruary 24 ")0' 0' 9
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Agenda Item No. 17B
February 24, 2009
Page 255 of 420
.
Section 5
Planned Water Supply Facilities
5.3.1.3 Pumping, Sforage, and Transmission
As described in Section 4.3.2.3, the existing FGUA trLlTIsmission facilities consist of
transmission pipelines, woter storage tanks, and pumping facilities. FGUA has no
plans to modify the existing storage facilities. However there are plans to expand the
transmissiOIl pipelines. The existing and planned b"an.smission pipelines are shown in
figure 5-8.
5.3,2 Reclaimed Water Facilities
The FGUA currently dispor.;es of treatpd wastewater using rapid infiltration basins
(RIBs). The existing permitted capacity of the RIll system is 1.25 MGD, whieh is
~ufficient to meet the disposal nce9.~the existing 0.95 MGD facility and the planned
Phase I expansion of the facility t~MGD AADF scheduled to come on-line in
200'1 ~. Two planned future expansions of the facility will increase the capacity to 2,0
!.IOD by 20iS. lhe FGUA considered the possibility of utilizing water Tedamation as
a possible alternative disposal method in it, 2006 Reuso Feasibility Report,..... "'".)
lS r\o...Q......~e~~.iI:.ea ll.a~ upgrading the treatment facilities to FDEr public access reuse
standards and developing a redaimf'd water distribullon sysrem within the service
arca,'\"8wlti ~e east p'rfit...a..;~;..:. AE ~~'I'tei;{;tjve the FGUA has decided to construct a
Class 1 deep injection well to mp.ct future effluent disposal needs.4Af\l-, \ of\"". ,~~ s'?"'~ i" hl\
~'r..c:e .
.
5.4 Orange Tree Utility Company (OTUC)
5.4.1 Potable Water Facilities
5.4,1.1 Well fields
OTUC currently operates 2 wells located in close proximity to the WTl'. To address
future demands OTUC will construct 2 additional wells that will be put into service in
li::lte 2007. Table 5-18 summarizes the additional wells OTtlC plans to construct.
Table 5.18, Summa of Planned OTue Wells
T olal----' Depth of
Well No. Aquifer
_____ .._..___ _De th It) Casin It)
PW5 LT 180 70
PW6
LT
180
r
Capacity (gpm)
70
12
300
300
5.4,1.2 '''Jater Treatmenf Facilities
OTUC is currently expanding its water treatment plant from 0.75 MGD to 1.50 MGV
to address future demands. aIUe intends to submit the permit for the expansion to
the FDEI' in 2008, 1l1C planned expansion will provide ample capacity to bring the
utility from the current demand level to those forecasted for 2012, Table 5-19
summarizes the existing and pJatmed water ITl::'atment facilities.
.
a:I\II
5-27
"lC<11lt< CO#lly'l1[}-VR.. \If'p1or S"~~I'f:r:Jl~~ W01i.~n\O!I Vtf\.il>\ s. .:'iDO (fi$"",.~ \r."..,~ SLlltrrillHllo I;CPC,.le....1e SMJ<:i.' S~"'I2Jl\/2tIOT
Agenda Item No. 17B
February 24, 2009
Page 256 of 420
~
Sec!ion 6
Facilities Capacfties MaIysls
2005 2008 2013 2016
Raw Water Requirement (MGD)2 4,17 4.46 5.00 5,57
PermlUed Amount (MGD Annual 3,36 3.36 3,36 3.36
Averagel3
Permuted Surplus (Deficit) (MGDl4 (0,80) (1,10) (1,64) (2.20)
, , .. "
Ci1IlCUlalet! by subtracllf"'IQ Annum AVt!!rage Da.lly Domand from Available Facllrty ;,..aP&Ctty~
:l: Raw water requirement is the amount of raw water needed 10 make a certain amDunt of finished waler.
It is caJeolaled by dividing the annuai Average Daily Demand by lhe efl1cienc)I of the lreatment process.
~ CUP {11-00D13-W) for 3.36 MGD annual average expires June 15, 2010.
4 Calculated by subtracting the Raw Water Requirement from the Permitted Amount.
6.3 Florida Governmental Utility Authority
(Golden Gate) (FGUA)
Table 6-4 shows the capacity analysis lor FGUA lor the 10-year planning period, The
improvements planned by the FGUA for the IO,year planning period are sulficient to
meet tho demands 01 the service area. However, the allocation of the underlying CUP
(1l-OOI48-W) does not CQver the withdrawals required to make the linished water
demanded. A/\ ,..,Lfh~ ~,.Jo "t\u. c...lJ~ i.l ~\I1.d- ~\l"~ tir e.J ~ ",r +kf'er.....''- ("f>....,..w,~l
o./I.J. "V.\.\ t~ f~e- ~-h,.lt ~,.w..~,.t.~4h ('.~...~.
...,
Table 6.4. CaDaellv Analvsls for FGUA
2005 2006 2013 2018
, 1>1~ "'~626
. Service Are.~ Popula~~_..__._._~~ I ~ ~ i~~~-
Demand Per Capita (MGD) 'I",! ~ 1"l4;';! lo'\~ l.~~
- .-- .----- -,.
Annual Average Daily Demand (MGD) 1-'I~+.i'9 ~.~S' UIl!" ,11~ I,"~
,
Available Facility Capacity (MGD) 209 ~~~ ~~ ."q~
Facility Capacity Surplus (Deficit) (MGD)' --i . 1M'l6""
, .cloD ~ ~~_':.__ "...>~
. 'D
Raw Water Requirement (MGD)' ,',7-fM62 i.~1 ~ '1..,+.46- 'i::ff"'
.'11.
Permitled Amount (MGD Annual
Average )3 1,92 1.92 192 1,92
Permittad Surplus (Deficit) (MGD)' (). 6'~ \Cj~ t,.2.~(~ l>.~_
-
Calculated by subtracting Annuat Average Dally Demand from Available Faclftty Capadty.
2 Ra.w water requirement is the amount of raw water need to make a certaIn amount of tinished water. tr' ',>>(II\l;.r-,,,,", X
'''' ""-IBellesh( l<1~' ...I:"I,jI"'9" Ihn /J.-"l':IaI A,t, €I"" r'\~:lr OsmaRtI' I!'~' tR. ~.u:~I.......,..y....f th~ tr",~f~~Rt F>f8__~... r(l.'-'J wt\l e/ o~
, CUP (11-00148'W) for 1,92 MGD annu," average ""pire, Septarnber 11. 2006. \'..- "t......
4 Calculated by subtracting the Raw Water Requirement from the Permitted Amount.
6.4 Orange Tree Utility Company (OTUC)
Table 6-5 shows L~e capacity analysis for OTUC out to 2012 when it is proposed to be
taken over by CCW5D. The improvements planned by the OTUC lor the la-year
CDM
6-3
.AIIt
P"\Cdlo< C''''''Il'''I.:l-V_W_!lappIy F.aclll..,. Vi""", l'l.....DliOV_,.. PI,., \110.1008 ..,....Io~ 5(1m,;1"" lQCCr>C)tT...l\11 s_~ ~ ll\><1111V,ll)D'
.
.
Agenda Item No. 17B
February 24, 2009
Page 257 of 420
Secfiofl 7
Conservation Regulations and Practices
E.
Leak Detection Program: The applicant does not have an unaccounted-for
water and leak detechon program because the unaccounted-for water
losses are less than 10 percent.
1'.
Rain Sensor Device Ordinance: An ordinance which requires any person
who purchases and installs an automatic lawn sprinkler system to install,
operate and maintain a rain sensor device or automatic swjtch which will
override the irrigation system with the occurrence of adequate rainfall is
currently not in effect for the service area, The utility will request that
Immokalee adopt an ordinance within 1 year of the perlnit ismance,
G.
Water Conservation Education Program: The applicant distributes
pamphlets, makes school visits, and provides information booths for
employees and customers. Information signs, press releases, and messages
about water conservation on tl1e bills are also utilized.
H.
Reclaimed Water; Currently an waslewater effluent is djspo~d of via a
spray irrigation field and percolation ponds.
7.3 Florida Govemmental Utility Authority
(Golden Gate) (FGUA)
The conservation plan implelnented by fGUA is described in the utility's
consumptive use permit as follow:
.
The Authority (FGDAl has an inlerlocal agreement with C()Jlier County to serve
portions of unincorporated Collier County. As such, the Authority follows Collier
County's Water !rrigation Ordinance, 2002-17, which is the District's intent to
conserve water through irrigation schedules. This ordinance also refers to Chapter
373,62,F.5. with regards to use of a rain sensor or other automatic switch which will
override the irrigation cycle of the irrigation system. Additionclly, Chapter 40E-24 of
the District's rules requires residential irrigation to follow a plan of odd-even
addresses with 3 days per week irrigation. Permitted irrigation of nonathletic playing
lieids (golf cou,"es, ball fields, iawn tennis, etc,) is also required to follow the same
conservation practices.
The current rale structure for billing customers provides fDr a base facility charge and
a vDiumetric consumption charge, resulting in increased customer costs for higher
consumption. The rate structure is intended to con:.erve water.
The Authority's wastewater is 100 percent reused by routing the effluent to rapid
infiltration basins to recharge the ground water system.
The Authority encourages use of xeriscape practices similar to the County's xeriscape
ordinance. The Authority does not have lhe ability to create an ordinance for the
Golden Gate service area, but does promote xeriseape through a pubiic education
program. Similariy, the Authority has no plumbing ordinance for low flow fixtures,
.
CDM
..:'C>:lt<I t".I;:JfIlt-l~ hn lit,..,.. l'll~.,..l~tAln _"f'ko.'.I!Il\Ioto.l. V ,I'.II"Jl4ni...J w.-, $oh..lJ..l.~ r.n't:411~r~Ti<<:2;:" 1.rk<'Z!I1mr.1
7.4
~
At
~ Aner)da Item No. 17B
\h< C,c\2Je.r- Gc\-~ \.Ah\,tr,'J.w +h6 "'+,",0',,,," \'"r'e......\fJ tv- "'~"ov,,"'.r FerfrucllY-~2(fJ\J9S
'2.00" \).'" o.c<cvn"J \;r L-.)~\<I lo5S \'. L<.cK-J ,,,,,,,,,",,,Il'\- w'~\" W~~e Q.8..oH20
,?r~fo..'fV\ \A .;),
I 0."""'"0.\\" L="- ""'\"-,",0," '50-.;,<<\ we IovAse\eJ. }Z,r ...'" ?Cor\ ".. 1W<
5v\>~ ~\-'-~ 0-' k .- ,_, \ sf T, 3'P~W -I"''''' I~!.
.r...~Pt..I'4-tJ. Wc..~ (4~6J"v~ ~c.JP.J'''''''lJ.;t?\CI'''' bl,)t- Q,Q. "Nl~ -..1.1";1 1 wo.~ i) Section7 t1.
-\,/ Conservation Regulations and Practices
..
CDM
but does encourage these products through the use of public education. The public
education program consists of routine mailings of water conservation IiIErature with
monthly customer billings, meeting with homeowner associations! school programs
with speakers and water plant tours, and participation in community event.'"i.
..11,(.> r:nl~.....1"'l C."tP. 1 ltility, RR"" tJ;;Q h .1+1-..-....;+)". 'h,,,,,,. TInt p......fnmyg a let.k d.::.latisFI
L""~"'JL''j' Fr;o;.'r tG 2g02. The. }......n.01i1j i~ EtiFr9Btly gm"J11J'lt1ng thp Ai...t:t:i"13t;.li....u o)'ol<;;ul.
!.J1"'rrl ;f the lH'.6aot1ul(:a.ls3a:.:s are greate:.l tflaR 1Q p9f.f:i!Rt, a l~ak dg~@G::ti""'"l r~r.gr].m---
r .^'illl;e stal l~8. fer tRfl 280J-2e04 I~;)Ldl yr::cu.. ~u O.::tehcr 2Q03
7.4 Orange Tree Utility Company (OTUC)
The conservation plan implemented by OTUC is described in the utility's
consumptive use permit as follows:
A Permanent Irrigation Ordinance: Orange Tree UtilHy Company (OTUC)
enforces all watering rcstTictions as they are made known. This includes
the Disb'ict's Mandatory Year Round landscape irrigation measures for
Lee, Collier, and Charlotte Counties (Chapter 40E-24, P.A.C).
B,
Xeriscape Ordinance: OTUC highJy encourages the use of Xeriscape
landscap.ing in its service area to help reduce the need for ornamental
watering.
c,
Ultra-Low Volume Plumbing Fixture Ordinance: It is the policy of OTUC
that low volume plumbing be installed in aU new service connections, in
accordance with the State building code.
D, Water Conservation Rate Structure: aruc is in the process of developing
a conservation based rate structure for future use, with approval from the
Collier County Water and Wastewater Authority,
E. Leak Detection Program: OTUC will repair any system leaks brought to its
attention in a timely fashion and will also review usage for detection of
major leaks.
F. Rain Sensor Device Ordinance: OTU requires all irrigation systems to
have rain sensors which override new la,,,rn sprinkler installations.
G, Water Conservation Education Program: OTUC will distribute and place
on its website public service education information as it is made ava.ilable
by government agencies,
H. Reclaimed Water: Waslewater is being reused as a SOLITce for golf course
irrigation water at t.~e present time. In the future i:l.S more reclaimed water
becomes available, it will also be used for residential irrigation,
iP'~'...t='>j"':fI,o"",..fl(o,h'<~rf"'...~~:aI"""""'4''''.!ll.._tir_~kCf:jl~';l."l",.r.'~bwt:c.ral(lutHI'JflI'''
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.GI.
Agenda Item No. 17B
February 24, 2009
Page 260 of 420
FLORIDA tlOVERNMENTAL UTIUTY AUTHORITY
OOLD~ GAT! UTlUTY 8YITil't'I
FIVE YEAR CAPlTA~ IMPRDVI!MI!NT PRO.RAM
por FIle., Y,.... FY 2007- fY 20"
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IV-11
.
Correspondence between
Collier County Government staff and AMUC
.
.
Agenda Item r<o. 17B
February 24, 2009
Page 261 of 420
valera c
-
/'"oenda iWfll [\la. 178
~ February 24, 2009
Page 262 of 420
~-.,From:
,ent:
To:
Cc:
Subject:
Attachments:
SchmittJoseph
Tuesday, July 22, 2008 2:02 PM
'Blake Gable'
Cohen Randall: valera c
FW: 10-Year Water Supply Facilities Work Plan - Information request
FW: Ave Maria Utility Company; 10 Year Water Supply Plan
Blake
Below is an email from my staff regarding a request for information related to the operation
of the Ave Maria Utility. Attached is your most recent response. I understand your position
and your concerns however please understand that we are under statutory obligation to submit
the final plan for Collier County -- a plan that attempts to display consumable water usage
throughout the entire country. Base on the attached response it is evident that we are going
have to report to both our Planning Commission and the Board that the Ave Maria Utility
elected not to provide staff the needed information to complete the required analysis. I
certainly have no problem in proceeding in that direction however please understand that in
doing so staff may be painting the Ave Maria Utility as being uncooperative in providing the
needed data to finalize Collier's submittal. I simply want to be sure that you are
comfortable with that position. Thank you for your consideration and understanding.
Joe
Joseph K. Schmitt
Administrator
Community Development and Environmental Services
.~-- 595-9751 "Balancing the demands of growth and
Division office -- (239) 483-2385/2390 cell
the demands of the community"
-----Driginal Message-----
From: CohenRandal1
Sent: Tuesday, July 22, 2008 1:34 PM
To: 5chmittJoseph
Cc: valera_c; weeks_d
Subject: FW: 10-Year Water Supply Facilities Work Plan - Information request
Joe:
Please note below what would have been forthcoming from Ave Maria Utilities' engineer to
address The Water Facility Supply Work Plan objection's set in the ORC received from DCA.
Instead, we received the letter from their legal counsel which does not address all
deficiencies set forth in the ORC which was based on objections raised by the South Florida
water management District.
Randy
-----Original Message-----
From: David Genson [mailto:DGenson@barroncollier.com]
Sent: Wednesday, July 09, 2008 8:32 PM
To: valera_c; 8rian Goguen; 'sglale@aol.com'; 'KRetallick@orangetreeassociates.com'
Cc: SchmittJoseph; CohenRandall; weeks_d
,~Ubject: Re: l0-Year Water Supply Facilities Work Plan - Information request
f'A_~~1':__
\..GII1 V.l....l.IIO.1
.
We have received your email regarding the matter.
have been out of the office for the past week. We
these issues (if any at all) early next week.
e:hanks,
David B Genson, PE
Barron Collier Companies
I apologize for
understand your
J';,genda item No. 178
C'~l[Mar~" ?OO~
not responao .,. ' 't
d)~ 4'2 u
comments and W~ address
-.--- Original Message -....
From: valera_c <CarolinaValera@colliergov.net>
To: David Genson; Brian Goguen; sglale@aol.com <sglale@aol.com>;
KRetallick@orangetreeassociates.com <KRetallick@orangetreeassociates.com>
Cc: SchmittJoseph <JosephSchmitt@colliergov.net>; CohenRandall <RandaIICohen@colliergov.net>;
weeks_d <DavidWeeks@colliergov.net>
Sent: wed Jul 09 17:32:58 2008
Subject: 10-Year Water Supply Facilities Work Plan. Information request
On July 2, 2ee8, you and your Utility were provided correspondence from me regarding the
necessity to provide requisite information for the Collier County 1e-Year Water Supply
Facilities Work Plan. At this time, no response has been forthcoming from your Utility even
acknowledging receipt of my e.mail and the approaching deadline.
As a reminder, the objections raised by the Florida Department of Community Affairs (DCA)
pertaining to the 10-Year Water Supply Facilities Work Plan were the direct result of
objections raised by the South Florida Water Management District (SFWMD). Obviously your
Utility's consumptive use permit rate of consumption and other pertinent information is of
concern to the District. Please provide this information as soon as possible as to the County
.needs to satisfy all of DCA's and the SFWMD's objections raised in the transmitted version of
:he 10-Year Water Supply Facilities Work Plan,
Your failure to respond will most likely result in the Collier County's 1e-Year water Supply
Facilities Work Plan being found not in compliance. If this transpires, most likely DCA will
implement statutory administrative hearing procedures where the SFWMD will be involved with
Collier County and the non-responding private Utilities involved as parties,
Please respond as soon as possible regarding the status of your response. At this time the
Comprehensive Planning Director, Randall Cohen is fully aware of the status of the 1e-Year
water Supply Facilities Work Plan and the necessity to meet the compelling deadline as we
approach the Collier County Planning Commission (CCPC) hearing date of August 19,20e8.
Should you have any questions, please call me at 239-252,8498. I will be out the office from
Thursday July 10 to Friday July 18. If necessary, please call Randall Cohen at 239-252-2903.
Thank you,
CAROLINA VALERA
Principal Planner
Comprehensive Planning Department
Community Development & Environmental Services Collier County Government
T:239.252.8498 F:239.252.2946
e
J
-,
-1
UW OFFICES
.';'qenda item t\lo. 178
'-' February 24,2009
Page 264 of 420
~
ROSE, SUNDSTROM & BENTLEY, UP
2548 BlAIRSTONE PlNES DR.fVE
TAl,Wtl\.'"iSEE., FLORIDA 32,01
FUDtllKK L AsC&VI!Il, JR..
CtUU$ H. Bt!:ornn'. PA.
RoIJEJl'J"C.BJlJ.N""""
f. MAR.'lfL\ll Dln'ERDI!\'G
JOKN R. JeMnNS. P.A.
Kyu: L KeMPi'll
SnvBJ;I 1: MllolDUN, P.^.
CHASm- H. O'SUUI
DAIUJIll.. SlitI'M'
WJ1~JA/01 E. S'I.IlWD!11I.OW, PA.
J>w;!' D. 'r~ofl, 1':".
JOI'l1i L. WHAFtOOH'
Rc.SE.k1" M. C. ROiE, (1924.2006)
(S50}!rn65'i5
F...x (8:50) 6%.~029
'iVWW,r.obattomeys.com
CJi1IlTML FLOlUl),o\ OFFICE
SANlANOO CI!Nl'l1R
2180 WFn STAn ROAD 43"
SUtTE 2118
LoN'GWOOD~ FLORIDA 32779
(407) 83o.63:'l.t
FAX (407) 630-8522
MA!tnN S. FlUEDldAN, P.A.
lhu~J. SyfU!I!l
July 18, 2008
CURJS1'lAN W; MAttcm.u, OF COIJ/'o'Sltt.
(L1CEMm IN NI!W l'ORK o.\'Lr,t
Ms. Carolina Valera
Principal Planner
Comprehensive Planning Depaltmellt
Community Development and Environmental Services
Collier County Government
2800 N. Horseshoe Drive, Suite 400
Naples, FL 34104
Re: Ave Maria Utility Company
Collier County IO.Year Water Supply Plan
Our File No.: 37077.01
Dear Ms, Valera:
We are in receipt of your emaiJ dated July 9 to David Genson, among others,
regarding the County's IO-Year Water Supply Facilities Work Plan, a copy of which is
enclosed for your ready-reference. Notwithstanding the [lfst sentence of your email, we
are not aware of any necessity to provide requisite information for the Collier County 10-
Year Water Supply Facilities Work Plan, If you would, please provide us with the legal
basis for this requirement.
The Company has reviewed the latest draft (December 2007) of the Collier
County 10- Year Water Supply Facilities Work Plan (Plan) and it appears that most of the
revisions requested by Ave Maria Utility Company, LLLP (AMUC) have been
incorporated into the latest draft,
Your correspondence is not clear on what exactly you consider to be the issue(s)
or how you believe the ORC comments should be responded to. It appears frnm
SFWMD's review of the Plan that they noted that AMUC's current consumptive use
permit (CUP) expires in 2011 and that we are proposing to develop additional freshwater
well field capacity to support future potable water needs, The Lower West Coast (L We)
Plan recommends the develoPlnent of brackish and reclaimed sources for this additional
capacity, FurthemlOre, SFWMD goes on to recommend a teclmical study of the
availability of groundwater sources well in advance of need, Jamie French was advised
back in December 2007, that AMUC was hiring a hydrogeological consultant to start
~I
Agenda item !00. 178
February 24, 2009
Page 2G5 of ,~20
.
Ms, Carolina Valera
Ju]y 1 S, 2008
Page 2
such a study in 2008, We have started the study, albeit a bit later than anticipated, and
have just completed an aquifer perfonnance test and part of the analysis, The Company
is u couple of months away from completing the overall evaluation of its water resources,
The Department of Community Affairs (DCA) ORC repo11 noted a potential
water SOurce defiCit by 2013 and thai AMUC did not provide any planning strategy
demonstrating how i/ will meet/he needs within the planning horizon. The Company is
studying and planning for this right now, Since our CUP expires in 2011 (well before
any potential deficit), A~1UC \-vill be required iO rene\.vhnodify the permit before this
expires, At that time, we will seek additional capacity from water resources identified in
our study,
We previously advised you as 1ar back as March that we have only recently begun
service at Ave Maria and have a relatively small number of customers at this time.
Customer consumption panems are only just emerging and sound enginccring practice
calls for the usc actual consumption rales versus "tcxtbook" rates in water supply
planning, We continue to collect and analyze this infonnation to support our study.
Thcrefore, this is our strategy for understanuing and meeting the needs within the
planning hOl1zon,
.
The Company and its representatives cooperated with the County with regard to
the October 2007 Plan Draft, the DCA comments and other infonnalion. Now the
Company has spent time and commented on the Dceembcr 2007 Plan Draft. The
Company's operating expenses, and resulting ratcs anu charges, arc designed to cover
certain regulatory compliance and permitting activities before the Department of
Environmental Protection, SouUl Florida Watcr Management District and lhe Collier
County Water and Wastewatcr Regulatory Authority, TIlis does not include any
compensation for work performed in assisting the County development of its Water
Supply Plan. Based on your insistence that the Company participate in this process, we
expeet the relatcd costs will be conol.derect prudent und recoverable in future proceedings
before the County's Regulatory Authority. If you disagree, please advise,
In the meantime, should you have questions regarding this matter, please do not
hesitate to contact me.
/ SiF(I)', ~
~O"" ~q""
for !h~ /~l
cc: David Genson, P, E-
Mr. Randall Cohen
Mr. James C. French
.
Hose, Sundstrom & Bentley, LLP
1~48 Dlalruor.e Pines l..Jlivc, TalJ;!hIS~~~r Florida :'\2301
..
Correspondence between
Collier County Government staff and OTUC
.~
At
P.genda Item I'Jo. 17B
February 24, 2009
Page 266 of 420
valera c
/\ue~,::a Iteill ~'JCl. '1 ~'B
- F~:biuary 24, 20C9
P:ige 2Ei7 of 420
Subject:
valera_c
Wednesday, July 02, 20089:37 AM
sglal e@aol.com; K Reta lIick@orangetreeassoclates.com
CohenRandall; FrenchJames; GramatgesPhil; Sciandra, Jason; tbengts@sfwmd,gov;
JJackson@sfwmd.gov
FW: 1 O-Year Water Supply Facilities Work Plan - OTUC information request
From:
."ent:
fo:
Cc:
This correspondence is to let you know that in the next two weeks, Collier County (and COM) will be finalizing the update
of the 10-Year Waler Supply Facilities Work Plan that will be presented to the Collier County Planning Commission
(Cepe) on August 19th for their comments; to the Board of County Commissioners (BCG) on September 23rd; and soon
afterwards to the Department of Community Affairs (DCA) as part of the adoption schedule to incorporate the Plan into the
County's Growth Management Plan (GMP), as required by Florida Statutes. Accompanying this updated plan, is a
response letter to DCA's comments to the first draft that was sent last year.
As we requested before, we would like for vou to comment and make any correction that you believe necessary to the
information that the County Is supplying to DCA in regard to OlUC. Please note that the comments generated by DCA
mirror those that were provided by South Florida Water Management District (SFWMD) as this agency is a key reviewer
of this State requirement.
CAROLINA VALERA
Prlncipa I Planner
Comprehensive Planning Department
Community Development & Environmental Services
Collier County Government
.T:239,252,8498 F:239,252.2946
From:
Sent:
To:
Cc:
Subject:
valera_ c
Tuesday, ~1ay 20, 20084;29 PM
'sglale@aol.com'
CohenRandall
10.Year VJater Supply Facilities Work Plan - orue information request
Mr. Lowlte,
Thank you so much for taking the time to talk to us yesterday. As Randy Cohen mentioned to you, we would appreciate
you forward this request for information to the appropriate person in your team.
As a background, the Florida Statutes requires that a 10-Year Water Supply Facilities Work Plan be included (adopted) in
the Collier County's Growth Management Plan (GMP). Said plan is reviewed by a myriad of State agencies headed by the
Florida Department of Community Affairs (DCA), of which, in this particular process, the South Florida Water Management
District (SFWMD) is a key advisor (and reviewer), as the plan must be based In the SFWMD's Lower West Coast Water
Supply Plan. A plan was forwarded to DCA and other Slate agencies (including SFWMD) in September 2007. After review
of said plan, DCA sent Collier County their comments in November of 2007 (see attached "Official ORC letter). Most
comments mirror the comments that SFWMD's staff forwarded to DCA.
We are in the process of finalizing our plan for adoption. We would like you to please read our draft 10,Year Water Supply
Facilities Work Plan, DCA's comments In re9ard to OlUC, and the County's response letter to address their letter, Please
review and comment and provide us with your 10- Year plan. \^Je will revise any information you need uS to in regard to
OlUe.
Please note that the information that the County is forwarding to DCA and the SFWMD will be part of the County's GMP,
and may affect OTUC's current and future permitting with SFWMD.
.3elOW is the previous correspondence:
1Jl:1
,b,genda it9m No. 178
I would very much appreciate your help in addressing the comments from the Department of Commfi~~ffil,i#~$~~ in
regard to their review of the County's proposed 10- Year Water Supply Facilities Work Plan that is requir~lJt'Se2:\iojj
163.3177(6)(c) of the Florida Statutes. As to the Orange Tree Utility Company (OTUC), DCA had the following
comments:
.
LThe Orange Tree Utility Company (DTUC) currently operates a consumptive use permit that authorizes 0,86
mgd and expires in 2009. The water analysis for OTUC indicated that it would incur a water supply deficit by year
2012, However, it did not provide any planning strategy such as alternative water supply projects to demonstrate
how it will meet the needs wrthin the planning horizon,
...Therefore, the amendment is inconsistent with the following provisions:
Sections 373.0361 (2)(a); 163.3177(4)(a); 163.3177(6)(c); 187.201(25)(b) 5 and 7, Florida Statutes; Rule 9J-
5.011 (2)(b) and (c), Florida Administrative Code,
Recommendation: Revise the Water Supply Work Plan to be consistent with the South Florida Water
Management's Lower West Coast Water Supply Plan, 2005-2006 edITion. The sources identified in the Work Plan
must be demonstrated to have sufficient water to meet the projected needs of the County, including the needs for
all independent water districts, The Water Supply Work Plan for the County should utilize the alternative water
sources identified in the South Florida Water Management's Lower West Coast Water Supply Plan, 2005-2006
edition, such as the use of brackish water sources and aquifer storage and recovery.
~
2...Inconsistency with Comprehensive Plan; The proposed potable water level of service standards for the
Orange Tree Utility Company, the Floroda Governmental Utility Authority, and the Immokalee Water-Sewer District
are not consistent with the adopted level of service standards within the County's comprehensive plan, Policy 3,1,
of the Potable Water Sub-Element, indicates that all three independent potable water supply districts have a level
of service standard of 100 gpcd; however, the Orange Tree Utility Company proposed 60 gpcd, the Florida
Governmental Water District proposed 173 gpcd, and the Immokalee Water-Sewer District proposed 182 gpcd,
The County did not include a text amendment to Policy 3.1, of the Potabie Water Sub-Element to revise tl1e
adopted level of service standards for these water djstricts. In addition, no data and analysis was presented to
support the changes to the level of service standard especially an analysis of how increasing the level of service
standard would promote the conservation of the water resource,
Therefore, the amendment is inconsistent with the following provisions:
Sections 163.3177(2) & (4)(a); 163.3177(8), F.S.; and Rules 9J-5.005(2), (3), (5); 9J-5,006(4)(a); 9J-5.006(2)(a),
FAC.
Recommendation: Revise the 10-Year Water Supply Plan to be consistent with the County's comprehensive plan
by either revising Policy 3,1 of the Potable Water Sub-Element and any other appropriate policy to change the
level of service standards for the Orange Tree Utility Company, the Florida Governmental Utility Authority, and the
Immokalee Water-Sewer District to those used in the Work Plan; or change those level of service standards used
in the Work Plan to be consistent with the level of service standards that are established in Policy 3,1 of the
Potable Water Sub-Element If the County wants to establish different level of service standards for the
independent water use districts, include the data and analysis that supports the standards and how they promote
the conservation of the water resource.
The following is the County's proposed response to DCA in regard to the above comments:
To comment NO.1:
For privately held or investor owned utilities in Collier County not covered by this Plan...
..,For IWSD, Collier County Regulatory Staff has no regulatory authority over this utility.
-1
...Info;matlon requests to each of the utilities were made by County RegulatoFy Staff and/or
Comprehensive Planning Staff to those in responsible charge of each utility and the Information
received was incorporated into the Plan. Each utility was given a copy of the draft version of thl! Plan
and allowed the opportunity to provide comments, prior to the report being submitted to DCA, The
report submitted was provided to the responSible chargl! for each utility.
2
Agenda Item No. 17B
""'b~','Wi "4,.2Q.09
Additional information requests continue to be made as a result of the OR,? ~ ~~arly
indications from the utilities are that Master Planning efforts for the current 5 yea wmlfiow are on-
going and will not be completed prior to the County's planned submission of the revised Plan.
.
To comment No, 2:
....According to Policy 3.3 of the Potable Water Sub-Element, "The Level of Service Standards
contained in Policy 3.1 are the minimum criteria for replacement, expansion or Increase In capacity of
potable water supply facilities." Further Objective 3 states, "Pursuant to Chapter 163.3202, F.S.,
including any amendments thereto, Collier County has implemented procedures to ensure that at the
time a development order is Issued, potable water facility capacity that meets or exceeds the
minimum Level of Service Standards established herein Is available or will be available to serve the
development under the guidelines established for concurrency in the Capllallmprovement Element of
this Plan." By selecting LOSS greater than the LOSS identified in Polley 3.1 FGUA and IWSD are
guaranteeing that they will meet Objective 3 when development Orders are brought forward In their
service areas. The 60 gpcd LOSS selected by OTUC reflects the fact the utility only provides for the
potable water needs of Its customers. Irrigation needs are met via individual well and community
irrigation systems that are supplied by on-site lakes.
Collier County does not have the authority to force these utilities to adopt the LOSS In Policy 3.1.
Rather the LOSS are a guide by which Collier County can determine the concurrency of future
development proposed In the service area of each utility. A copy of Collier County Ordinance 95-6, as
amended, by which private and Investor owned utilities are regulated by the Collier County Water and
Wastewater Authority will be attached as exhibit to this revised Plan.
DCA has agreed 10 work with the County and postpone the submittal of the revised 10- Year Water Supply Facilities Work
Plan, so as to resolve consistency issues with the County's Capital Improvement Element (CIE) of the Growth
Management Plan. I would like to know If the OTUC would like to add or revise their data and analysis contained in
the revised 10-Year Waler Supply Facilities Work Plan. Most notably Is the following statement on pages ES-7
and 6-3 of the revised document:
.
"Under the population projections presented, the improvements planned by the onTe for the} O-year plmming period are
sufficient to meet/he demands of the service area. However, the allocation of the underlying CUP (11-00419-Wl does not co"er
the withdrawals required to make the finished l1/ater demanded in 2012. "
Please note that the County is in the process of revIsing its CIE. The revised CIE will be submitted concurrenUy with the
revised 10- Year Water Supply Facilities Work Plan, The County does not intend to revise the existing LOSS of 100
gpcd for the OTUC in the CIE, unless the OTUC would like to revise this number. Please let us know as soon as
possible.
I have attached the previously forwarded document and letters for ease of review. Your timely response is appreciated.
~1
LiiJ
~1
Lid
~
Official ORC lettsr Collier County RespOnse to DCA
(OCA).pdf lO-Year Water S... ORC Report-Com...
Thank you again,
CAROLINA VALERA
Principal Planner
Comprehensive Planning Department
Community Development & EnVironmental Services
Collier County Government
T:239.252.8498 F:239.252.2946
.
J
lAw OFFICES
Agenda Item No. 17B
February 24, 2009
Page 270 of 420
ROSE, SUNDSTROM & BENTLEY, LLP
2548 BWRSTONE PINES DRJVE
TALLAHASSEE, FWRlDA 32301
~!RTU L. Ascw.uu, JR.
B. BF-..-nEY, P.A.
J'tiiRI' C. HM.""lNAN
F. M.utSWJ..L DErmwtNG
JOHN R.JEI'OON5. P-A.
KnELKEMl"Ek
S'!l!YDO T. MTNCUN, P.A.
CHA5ITT H. D'STEEN'
DAREN L SHIPPY
W1UWIot 'E. SUNDSTROM, PA.
DtANE D. TRE.MOR, P.A.
JOHN L. WHARJ"ON
(B50) 877-6;55
FAX (850} 656.4029'
v.'WW:ISbanorney:!i.com
CEJ\.TRAL FLOHJDA OFFIC.."E
SANUNDO Cf!NTER
2180 WES1 SUTE ROAD 434
SUfI'1\: 2118
LONGWOOD, FLORIDA 32779
(oi07) 830.6331
FAX (~7) 830-8522
ROfl:EJIT M. C. Ron!, (1.9;l4--:Z0(J6)
M..urnN S. llRrE:nNAN, P.A.
BJW.N J. S'T1ll!ET
July 25, 2008
CrotISTIAN W; MARc2f.u, 01' COUNSB
(LlCENSED.lN NEVr YORlf ONa)
Ms. Carolina Valera
Principal Planner
Comprehensive Planning Department
Community Development and Environmental Services
Collier County Government
2800 N. Horseshoe Drive, Suite 400
Naples,FL 34104
Re: Orange Tree Utility Company
Collier County 10-Year Water Supply Plan
Our File No,: 38037.01
,.~
Dear Ms. Valera:
We are in receipt of your email dated July 9 to Steve Lowit7., among others,
regarding the County's la-Year Water Supply Facilities Work Plan, The legal necessity
to provide requisite information for the Collier County 10-Year Water Supply Facilities
Work Plan as suggested in your email has not been identified. If you would, please
provide us with the basis for this requirement at your earliest convenience.
Attached please find a lettcr datcd September 24, 2007 to James French of the
County staff providing detailed information in support of the Collier COW1ty laY ear
Water Supply Facilities Work Plan. The information included a history of the service
area, population demand projections, existing water supply facilitics, planned water
supply, facilities capacity analysis, conservation practices and capital improvements. I
am providing this both to be sure you have received this information as well as to confirm
that the Company has been working with the County in its effort to develop the 10 Year
Water Supply Work Plan. At this point, it may be necessary to update certain of this
information,
At
In addition to asserting a necessity for the Company to provide you with
information for the Water Supply Facilities Work Plan, you further state that if the
County's Work Plan is not found to be in compliance, it is most likely the result of the
Company's failure to respond. Based on these statements, it seems reasonable to
conclude that the County is making it a legal requirement for the Utility to develop a ] 0
Ms. Carolina Valera
July 25, 2008
Page 2
!-\genda ]tern ;;Jo. i8
Fe~)("uary 24-.:2 09
P~loe 271 of 20
.
Year Water Supply Plan to supplement the County's comprehensive planning dforts.
The Company's operating expenses, and resulting rates and charges, are designed to
cover certain regulatory compliance and permitting activities. To date, no cost recovery
is built into rates to compensate for work performed in assisting the County in
development of its Water St:pply Plan. We now expect the related costs will be
considered prudent and recoverable in future proceedings before the County's Regulatory
Authority. We have been in contact with Mr. French in this regard. If you disagree with
this conclusion, please advise.
The Company will follow up with you and other County representatives
regarding the tirneframe and level of detail. However, we would like some confirmation
that this effort to develop infoffilation and camply with the County's requirements is
consistent with your expectations.
Sincerely,
/10 (Ii'
<,,~ .,----'~
(, John 1\. Anld.lJs
For the ll:m
Ct;
Mr. Steve Lowitz
Ms, Kim Retallick
Mr. Randall Cohen
lvlr. James C. French
.
.
Rose, Sundstrom & Bentley, LLP
2548 Blain;rOlle pjne~ Drive, Tallahassee, Florida 32301
'J
24 September 2007
Agenda Item No. 17B
February 24, 2009
Page 272 of 420
~
Mr. James French, Director
CCWWAA
2800 North Horseshoe Drive
Naples Florida 34104
RE: Collier County Public Water-Sewer District 10 Year Water Supply Facilities Work Plan
Dear Jamie: Ai;.
Pursuant to your request to provide information pertinent to our exL . . 't-ilciJities and Franchise
Area, we have provided you with the following information.
The format was copied from the 10 Year Work Plan prepared'
Section 2: WATER SERVICE AREAS
2.2 Individual Utilities and Systems
2.2.7 Orange Tree Utility Co. Inc (0. .U.)
-.,
O.T.U received a PSC Certificate to opera
Orangetree PUD, which is 2798 acres. In
regulated by Collier County Department of .. y
servicing School Board facilities which now' \l.
and Pahnetto Ridge High School. In 1999, 0
Estates of TwinEagles, specific connections alon
located with CCWSD service area. In 2006 OrlUlg
O.Y.U Franchise area.
and since then aTU has served the
. ing and customer service became
ion. In 1998, Orubegan
Corks lemell!Jlry, Corkscrew Middle,
lchise a was ex]'anded to include the
3'd Ave NE, and 33' Ave NW which are
som Ranch PUD was annexed into the
3.2
!lIed 9 miles East ofI-75, as depicted in Figure 2.].
'ON AND DEMAND PROJECTIONS
dividulII Utilities and Systems
3.2.4
The projected populations for the areas served and to be served within the existing OT-U.
Franchise area. Population is illustrated per five (5) year increments through 2012.
Table 3-18
I Year 2005 2008 [2012
I Served Area 2,631 5,700 9,500
I Population ._.
* Population based upon acrual connections and forecasted connections per Developer Agreements
1
~
.
/\aencta It9m t,Jo. 178
~ February 24, 2009
.. . Page 273 of 420
om Loss mcJudes operatIOns standards and a per capita water demand standard of 60 gpcd.
Based upon the loss of] 5 gped and the population projections presented in Tahle 3-8 presents the
projected served population and demand for OT.U in a five(5) year increments through 20]2.
Demand is provided as both Annual Average Daily Demand in (MGD) and Maximum Month
Demand also in (MGD). Maximum Daily Demand is determined by multiplying the Annual
Average Daily Demand by a peaking factor, which in this case is ].2
Section 4: EXISTING WATER SUPPLY FACILITIES
4.4 Orange Tree Utility Co Ine (0111)
4.4.1 \Vater Supply Permits
O.T.U has one CUP for potable water supply as detailed'
Table 4.18 · note figure 4.9 is incorrect, the informa .
Consumptive! Aquifer I # of Expiration
Use Penn;t I : Permitted Date
i Wells
I
6
II.00419.W
LT
i
-''''''';-11/1112009
3]3
4.4.2
Potable Water Facilities
lable 4.19 Pemlitted wells as pe.r.
IWell II i Alluifer I Tote :.:
i PWI 703.L..J~_,.,-==:J 180"'-
i PW2 7038 I LT I ISO
tf\V3'i 60569 I L T JJ'so'
.f~_4}60~7} LT_.UStl..
PW5 ]60572 LT ll80
---..-.- - ---.'----_.,
PW 6106573 LT ' .SO
'~__'__W __
. hcation II 040629.8
i CnsinQ Dc 'lh Di3meter.", capaCity~
' I-..~
70 J.2.___,----.lJQO
70 12 1300
70 ! 12 _..=] 300 --.=.
70 i 12 I 300 i
n '_~ ~._. .~
'iO i J2 ! 300 I
. 70.=:J!2 ])00 ]
.
In addition to identifying the design, the amount ofRA W Water required to produce the design
capacity is also provided see below Table
Table 4.20
i Facility
Name
i ~~~~:~" I ~q'~"~m'a:enrt (U"'G' t RAW Water Source I :r]atcd~:lt'~\nc~] /
I (M1GD)) -.J '" u,,~ "" "@~ ! ~ ,a,
. OT1J~IP... [f5_=-~=__L24.. .......... ............~. '. . '.1. L. T...~~... '''. .,:~._,.._. _. .! Tr.adiW!.i1 (Fresh) .
LI.otal i .75 I ~XXDQ(: )C?j.cX.x..:'{~! x..'{x..XX').A...~x:.~
.
Agenda item No. 17B
February 24,2009
Page 274 of 420
4.4.2.3
Pumping, Storage, and Tmnsmission
..
OTU Ground Storage Tank has capacity of .750 MG. * note the area shm'lll in 4-9 is incorrect, it
represents FGUA
Table 4-21
Facility Name
OTU WTP
Total
Water Stol'lljle available in O.I.U system.
I Tank Volume (MG)
1.750
1.750
I Usable Storage Volume (MG\
1.732
1.732
..-
4.4.3
Reclaimed Water Facilities
OTU WTP does generate reuse/reclaimed product. This resource is land applied within thc
Franchise area. OTU WWTP permitted capacity is .350 MGD.
Section 5: PLANNED WATER SUPP
to 1.1 MGD. Partial
forecasted for January 2008.
5.4.1.1.1
OTU is currently expanding capacity a
complotion, bringing capacity from .350
Final completion will be August 2008.
.~
OTU is prepared to enter into a \VTP expansion bring the permitted capacity from. 750 MGD
to 1.5 MGD. Tbe preliminary plans have been pre by the Engineer of Record for tile Utility.
aIU will present the permit for expansion withi 008. This will allocate ample capacity to
um:nt population to the forecasted connections set forth by 2012.
6.4
CAPACITY ANALYSIS
ility Co Inc (OTIJ)
Table 6-5 shows . 'j analysis for OIU from current to 2012, when it is proposed to be
taken over by CCW presented in Section 5.4, there are significant improvements planned
to continue to provid eedod services to the franchise area in which OTU serves. Current data
shows whereas the OTU has ample accessibility to RAW Water to service the forecasted
population. The V.rWTP Expansion shows ample capacity to service forecasted connections up to
the 2012 deadline.
Table 6-5
At
2005 2008 12012 --~
Year
Service Area 2631 5700 19,500
Population
Demand Per Capita 60 80 I 85
-- i .807 --
Annual Average Daily- .158 .485
.
.
.
Ii'
!,I~~::i~~~~i~-=-j-~~-92 -t.265
'I Capacity Surplus
(MGD) ,
rRA ~ Water I .198 'I' .606
, Re urrements I .
Permitted Amount . .75 . .75
(MGD Annual
Average)
Permitted Surplus ]0% ]0%
(Deficit) (MGD)
Agenda Item No. 17B
February 24, 2009
P~ill' 275 of 420
I
-l'"
1.0
1.5 proposed
]0%
Section 7: CONSERVATION REGULATION
7.4 Orange Tree Utility Co Ine (OTC) *~
The conservation plan implemented by om i;; descrihe.rl hy the COU""'I1ptlvc use Qe1IDit as
follows, but is not limited to: ..
. Permanent Irrigation Ordinance;" enforces all watering restrictions as they are made
known. This includes the Disln' 1andatmy Year Round landscape irrigation
measures for Lee, Collier, and ell unties (Chapter 40E-24, F.A.C)
. Xeriscape Ordinance; OIU highly use of Xeriscape landscaping in its
service area to help reduce the need om mg.
. mtra Low Volume Plumbing Fixture anee: ft I. policy of om that low volume
plumbing be installed in all new service nnc'C.1ions(;n accordance with the State/County
Building Code .
. Water Conservation Rate Structure; om i"{JPlIte process of developing a conservation
based rate structure for future use, with appfO"ol of CCWW A
. 11:,. wgmm om will repair any system leaks brought to its attention in a
);i?'ltly faslilwill also review usage for detection of major leaks.
~~n Semnr De rdimmce: om requires all irrigation systems to have rain sensors
" ~IDcb override ne 'n sprinkler installations.
. \~CDnservntjon ucation Program om will distribute and place on it's web site
p"bl~.;ce eduml I information as it is made available by government agencies.
. Reclaim ler: \ Sl.ewnlcr is being reused as a source for residential irrigation
application' OUBe irrigation application.
Section 8: CAPITAL IMPROVEMENTS
8.4
[" .~
~ewcr
Orat,"e Tree Utility Co Inc (OTF)
~-~- ~-_._-- ---
Proposed .750 2008 RAA Funded
MOD
Current .350- j' 2007 RAA Funded
l.lMOD
,
_..I
i
i
I
t:=M
4
.....,
....
Aqenc8 Item No. 178
- February 24, 2009
Page 276 of 420
COLLIER COUNTY
GROWTH MANAGEMENT PLAN
PUBLIC FACILITIES ELEMENT
Potable Water Sub-Element
Prepared for
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
Adopted October, 1997
AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN
PUBLIC FACILITIES ELEMENT
Potable Water Sub-Element
Symbol
..
DATE AMENDED
October 28, 1997
October 22, 2002
February 11, 2003
June 1 g, 2002
September 10, 2003
June 7,2005
January 25, 2007
ORDINANCE NO.
Ordinance No. 1997-57
Ordinance No. 2002-54
Ordinance No. 2003-07
"'Ordinance No. 2002-32
Ordinance No. 2003-44
Ordinance No, 2005-25
....Ordinance No. 2007-10
(I)
(II)
(III)
(IV)
(V)
(VI)
.-. Based on 2004 EAR, Evaluation and Appraisal Report
... The above Ordinance No. 2002-32 was adopted on June 19, 2002. However, due to legal
challenges. It did not become effective until the Florida Department of Community Affairs issued
its Final Order on July 22, 2003.
.. This is the EAR-based amendment (1995 EAR). Due to the magnitude of the changes - which
included reformatting the entire Element, affectIng every page of the Element- a Roman Numeral
is not assigned.
. Indicates adopted portions
Note:
The support document was completely updated with the adoption of Ordinance
No. 2003-44. That update was prepared by Greeley and Hansen, Consultants to the Collier
County PubliC Utilities Engineering Dept. The support document will continue to be
updated as current information becomes available.
(VI) = Plan Amendment by Ordinance No. 2007-10 on January 25,2007
.
.
.
/'d9nda :~em f'.)o. 17S
February 24, 2009
Pr.ge 277 of 420
(VI) I. INTRODUCTION
The purpose of the Potable Water Sub-Element is to provide for the health and safety of the
residents of Coilier County by ensuring adequate potable water supply and distribution facilities
that are cost-effective and environmentally sound. Such facilities may be provided through the
Collier County Water-Sewer District, private utilities, other pUblic utilities that operate within
portions of the unincorporated County, or (in certain areas) private supply wells. In addition to
the supply and distribution of potable water for residential and commercial purposes, the
Potable Water Sub-Element aiso contains provisions related to establishment of new potable
water sources, water conservation, and irrigation.
(VI) '" Plan Amendment by Ordinance No. 2007-10 on January 25,2007
1
J
..
Agenda Item No. 173
February 24, 2009
Page 278 of 420
Goal, Objectives and Policies
Potable Water Sub-Element
GOAL:
TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO
ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE POTABLE
WATER FACILITIES AND SERVICES.
(1V)(V1) OBJECTlVE 1:
The County shall locate and develop potable water supply sources to meet the future needs of
the County owned and operated systems, said supply sources meeting the minimum Level of
Service Standards established by this Pian. The development and utilization of new potable
water supply sources and the acquisition of land necessary for such development shall be
based upon the information, guidelines and procedures Identified within the County's Ten-Year
Water Supply Facilities Work Plan (as updated annually), the Collier County Water-Sewer
Master Plan, and the Lower West Coast Water Supply Plan prepared by the South Florida
Water Management District.
(IV)(V1)
"~{VI)
-Jt
Policy 1.1:
The County shall continue to expand the ASR (Aquifer Storage and Recovery) system es a
potential emergency and seasonal potable water source.
(VI)
Policy 1.2:
The County shall continue to implement a program for the protection of existing and potential
potable water supply sources.
Policy 1.3:
The County shall continue to identify sufficient quantities of water sources to meet the County's
estimated growth-related needs. Potential water sources to meet the County's 2025 water
demands include raw water from Hawthorn Zone I Aquifer (Intermediate Aquifer System) and
Lower Hawthorn Aquifer (Florida AqUifer System), identified within the County's 2005 Water
Master Plan. The County shall use these water sources as well as alternative sources, as
permitted by the State, to meet the County's needs.
(VI)
Policy 1.4:
The County shall coordinate with the South Florida Water Management District and other
regulatory agencies in implementing effective linkages between growth management and water
planning.
(VI)
Policy 1.5:
The County shall coordinate with the South Florida Water Management District in the
development of the Water Master Plan Update. which is the primary planning document for the
Collier County Water-Sewer District.
(VI)
Policy 1.6:
The County shall coordinate with the South Florida Water Management District to produce
future pians for water supply as described within the Water Master Plan Updates that ensure the
County's ability to maintain its stated Level of Service standard.
(VI) = Plan Amendment by Ordinance No. 2007-10 on January 25,2007
2
.
(I)(VI)
IIlHIV)(V)(VI)
.
Aaenda Item No. 17B
- February 24, 2009
Page 279 of 420
(VI)
Policy 1.7:
The County shall reference the water supply guidelines of the most current version of the South
Florida Water Management District's Lower West Coast Water Supply Pian in developing any
future required Water Supply Facilities Work Plan.
OBJECTIVE 2:
The County shall implement the fOllowing policies to make certain that public and private sector
potable water service utilities provide, repair and/or replace potable water supply, treatment and
distribution facilities to correct existing deficiencies in their respective service areas as may be
required to meet or exceed the Level of Service Standards established in this Plan. In addition,
public sector potable water service utilities shall be expanded as necessary to provide for future
growth, as provided for in the fOllowing policies.
(VI)
Policy 2.1 :
The COllier County Water-Sewer District shall continue the development of a Collier County
Regional Potabie Water System consistent with the Capital Improvement Element and the
COllier County Water-Sewer Master Plan to correct existing deficiencies and provide for future
growth.
Policy 2.2:
Consistent with the growth policies of the Future Land Use Element of this Plan, provision of
central potable water service by the County is limited to the service areas shown in this Plan
and depicted on the Collier County Water District Boundaries maps (Figure PW-1 and Figure
PW-1.1); the Existing and Future Potable Water Service Areas maps (Figure PW-2 and Figure
PW-2, 1), which inciudes the Rural Transition Water and Sewer District: and, to areas where the
County has legal commitments to provide facilities and services as of the date of adoption of
this Plan. Additionally, the County may serve Towns, Villages, Hamlets, and Compact Rural
Developments within the Rural Lands Stewardship Area Overlay at the County's discretion;
presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area
Overlay. This Overiay is depicted on the countywide Future Land Use Map and map series.
Within the Rural Lands Stewardship Area Overlay: Hamlets and those Compact Rural
Developments one hundred (100) acres or less in size may be served by central potable water
facilities; Towns, Villages, and those Compact Rural Deveiopments greater than one hundred
(100) acres in size are required to be served by central potable water facilities; and, Compact
Rural Developments one hundred (100) acres or less in size may be required to be served by
central potable water facilities, depending upon the permitted uses within the Compact Rural
Development. These facilities may be provided by the private sector, an independent water
authority, or some other non-County utility.
For the purposes of this policy and policies 2.4, 5.1, and 5.3, within the Rural Lands
Stewardship Area Overlay, the tenn "central potable water facilities. includes decentralized
community treatment systems. Innovative alternative water treatment systems such as
decentralized community treatment systems shall not be prohibited by this policy provided that
they meet all applicable regulatory criteria.
(VI) Policy 2.3:
The Coliier County Water and Wastewater Authority (Authority), established by County
Ordinance Number 96-6, reguiates the operations of private sector potable water treatment
. (VI) = Plan Amendment by Ordinance No. 2007.10 on January 25, 2007
3
..
1Il)(IV)(V){VI)
~
,At
P,genda item No. 17B
February 24, 2009
Page 280 of 420
utilities that provide potable water supply services to portions of unincorporated Collier County.
All such private sector potable water supply service providers are required to meet the County's
adopted potable water treatment Level Of Service (LOS). All private sector potable water
supply service providers shall file an annual statement with the Authority that provides current
operating information regarding the private sector service provider, including, but not limited to:
a statement of current pOlicies and service criteria, the LOS maintained by the service provider
and whether such level of service meets the County's LOS Standard for potable water
treatment. The annual report shall also document any necessary or projected facility expansion
and/or replacement projects that are required to correct observed deficiencies,
Policy 2.4:
Collier County shall permit development of potable water supply systems as follows: within the
Designated Urban Areas of the Plan, including the outlying urban areas of Immokalee,
Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the areas depicted on
the Collier County Water District Boundaries map (Figure PW-1); within the Existing and Future
Potable Water Service Areas map (Figure PW-2), which includes the Rural Transition Water
and Sewer District; in Sending Lands within the Rural Fringe Mixed Use District when Density
Blending, as provided for in the Density Rating System of the Future Land Use Eiement. is
utilized; in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands
Stewardship Area Overlay; and, in areas where the County has legal commitments to provide
facilities and services as of the date of adoption of this Plan. For lands located within the Collier
County Water-Sewer District. but in which County water service is not currently available, non-
County potable water supply systems shall only be allowed on an interim basis until County
service is available.
Individual potable water supply wells may be permitted within the areas depicted on the Collier
County Water District Boundaries map (Figure PW-1) on an interim basis until County water
service is available; individual potable water supply wells may be permitted in all Urban
designated areas outside of the areas depicted on Figure PW-1 on an interim basis until a
centralized potable water supply system is available; individual potable water supply wells may
be permitted in the Rural Transition Water and Sewer District, depicted on the Existing and
Future Potable Water Service Areas map (Figure PW-2), on an interim basis until County water
service is available; individual potable water supply wells may be permitted in Sending Lands
within the Rural Fringe Mixed Usa District when Density Blending, as provided for in the Density
Rating System of the Future Land Use Element, is utilized, on an interim basis until County
water service is available; and, individual potable water supply wells may be permitted on lands
outside of the Urban designated areas. outside of areas depicted on Figure PW-1, and outside
of Towns. Villages and those Compact Rural Developments greater then one hundred (100)
acres in size within the Rural Lands Stewardship Area Overlay - all areas where potable water
supply systems are not anticipated. However, individual potable water supply wells mayor may
not be permitted within Compact Rural Developments one hundred (100) acres or less in size,
depending upon the uses permitted within the Compact Rurai Development. Also, in Towns,
Villages, and those Compact Rural Developments greater than one hundred (100) acres in size,
potable water supply wells are allowed to serve no more than 100 acres, on an interim basis
only, until central service is available.
(VI) ;:; Plan Amendment by Ordinance No. 2007-10 on January 25,2007
4
.
.
.
(IV){VI)
(IV)(VI)
(IV){VI)
Agenda Item No. 178
February 24, 2009
Page 281 of 420
Policy 2.5:
The County shall continue enforcement of ordinances requiring connection of existing and new
development to central potable water systems when they become available. Connections to a
central system shall be made pursuant to Collier County Ordinance 01-73, adopted December
11,2001.
Policy 2.6:
Where Community Development Districts, or other similar special districts are established to
provide a tool for developers to finance infrastructure or other purposes, wholly or partially within
the Collier County Water-Sewer District, water service shall be connected to the regional
system, and internal facilities shali be conveyed, when acceptable, to the Collier County Water-
Sewer District for operation and ownership in accordance with Collier County Ordinance 01-57,
adopted October 23. 2001, or its latest revision, and District construction and operating policies.
(VI)
OBJECTIVE 3:
Pursuant to Chapter 163.3202, F.S" including any amendments thereto, Collier County has
implemented procedures to ensure that at the time a development order is issued, potable water
facility capacity that meets or exceeds the minimum Level of Service Standards established
herein is available or will be available to serve the development under the guidelines
established for concurrency in the Capital Improvement Element of this Plan.
Policy 3.1:
The following Level of Service Standards are hereby adopted and shall be used as the basis for
detenmining the availability of facility capacity and the demand generated by a development:
Review of the historical ratio of residential to non-residential demand indicated that
approximately 17% of the totai water usage is non-residential. Thus the residentiai demand is
154 gcpd and the total finished water demand is 185 gpcd.
FACILITY CAPACITY
(VI) FACILITY/SERVICE AREA
LEVEL OF SERVICE
STANDARD
185 gpcd
(IV)(VI)
(IV)
(IV)(VI)
(IV)(VI)
(IV)(VI)
Collier County Water-Sewer
District
Goodland Water District
Marco Island Water District
Marco Shores
CITY OF NAPLES FACILITIES
Unincorporated Service Area
EVERGLADES CITY FACILITIES
Unincorporated Service Area
185 gpcd
185 gpcd
185 gpcd
185gpcd
(VI)
(VI)
(VI)
(VI)
INDEPENDENT DISTRICTS
100gpcd
100gpcd
100gpcd
Orangetree Utilities
lmmokalee Water and Sewer District
Florida Governmental Utilities Authority
(VI) = Plan Amendment by Ordinance No. 2007-10 on January 25,2007
5
.,
-, (VI)
...
(IV)(VI)
(IV) (VI)
(VI)
,ACiE:nda Item No. 178
-' February 24, 2009
Page 282 of 420
Policy 3.2:
In order to ensure that the Level of Service Standards contained in Policy 3.1 are maintained.
methodoiogies for determining available capacity and demand shall incorporate appropriate
peak demand coefficients for each facility and for the type of development proposed.
(VI)
Policy 3.3:
The Level of Service Standards contained in Policy 3.1 are the minimum criteria for
replacement, expansion or increase in capacity of potable water supply facilities.
(VI)
Policy 3.4:
The County will annually review historical potable water demand records and adjust the Level of
Service Standards contained in Policy 3.1 if so indicated by the annual review.
(VI)
OBJECTIVE 4:
The County shall continue to promote conservation of potable water supplies by developing and
implementing an integrated, comprehensive conservation strategy which will identify specific
consumption per capita goals.
(VI)
Policy 4,1:
The County shall negotiate agreements with area golf courses to accept and use treated
wastewater effluent for irrigation when and where such treated effiuent is available from existing
and future wastewater treatment plants.
(VI)
Policy 4.2:
The County shall continue to connect existing and future publicly owned lands suitable for
irrigation with treated wastewater effluent, such as government building grounds, parks, and
highway medians when economically feasible.
Policy 4.3:
The County shall continue to connect existing and future privately owned lands suitable for
irrigation with treated wastewater effluent, such as cemeteries, nurseries and
commerciallindustrial parks when economically feasible.
Policy 4.4:
At such time as a source of treated effluent becomes available, the County shall permit the
construction and connection of dual water systems (i.e., separate potabie water and treated
wastewater effluent networks) to the County's treated effluent irrigation system in new
subdivisions, provided that said connection causes no adverse impact to the potable water
system.
Policy 4.5:
Where Community Development Districts, or other similar special districts are established to
provide a tool for developers to finance infrastructure or other purposes, wholly or partially within
the Collier County Water-Sewer District, and where such districts make provisions for irrigation
via dual systems utilizing effluent and/or other irrigation sources, said systems shall be
connected to the regional system when available, and all internal irrigation systems shall remain
in private ownership and be master metered by the County.
(VI) = Plan Amendment by Ordinance No. 2007-10 on January 25,2007
6
;;g~:-lda I"J3rn NQ. 17B
r=eh~uar\.' 24, 2009
Page 2:~:3 of -4.20
(VI)
Policy 4.6:
The County shail promote the use of xeriscape techniques (drought resistant landscaping) to
minimize potable water use for landscape irrigation.
.
(IV)(VI)
Policy 4.7
The County shall seek to expand the availability of irrigation water from supplemental sources
through connection of such sources to the County's reclaimed water system.
(VI)
OBJECTIVE 5:
The County shall discourage urban sprawl and the proliferation of private sector potable water
service suppliers in an effort to maximize the use of existing public facilities through the
development order approval process by implementing the foilowing policies.
(1)(1I)(III)(IV)(V)(VI)Policy 5.1:
The County shall discourage urban sprawl by permitting universal availability of central potable
water systems only: in the Designated Urban Area, in Receiving and certain Neutral Lands
within the Rurai Fringe Mixed Use District, in the Designated Urban-Rural Fringe Transition
lone Overlay, and in the Rural Settlement District, all of which are depicted on the Future Land
Use Map, and in Towns, Villages, Hamlets and Compact Rural Developments within the Rural
Lands Stewardship Area Overlay. These areas are further identified as: within the Collier
County Water District Boundaries on Figure PW-1 of the Potable Water Sub-element, except
the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of
the Islands; or within the Rurai Transition Water and Sewer District Boundaries on Figure PW-2
of the Potable Water Sub-element; or in Sending Lands within the Rural Fringe Mixed Use
District when Density Biending, as provided for in the Density Rating System of the Future Land
Use Element, is utilized; within the Rural Lands Stewardship Area Overlay, as each Town,
. Village, Hamiel. and Compact Rural Development is designated; and, in areas where the
County has legai commitments to provide facilities and service outside the Urban Area as of the
date of adoption of this Plan.
(IV)(VI) Policy 5.2:
The County shall discourage urban sprawl and the proliferation of private sector and/or package
potable water treatment systems through the development order approval process to ensure
maximum utilization of the existing and planned public faciiities. No existing private sector or
potable water treatment systems shall be permitted to add customers unless all Levels of
Service Standards are met, and operations are in conformance with all FDEP permits.
(I)(VI) Policy 5.3:
As provided for in the Rural Lands Stewardship Area Overlay, and in Policies 2.2 and 2.4 of this
Sub-Element, central potable water systems are permitted in Towns, Villages, Hamlets, and
Compact Rurai Developments. Though not anticipated, it is possible that central potable water
system distribution lines may extend through lands not designated as a Town, Village, Hamlet
or Compact Rural Development; in such instance no properties designated other than as a
Town, Village, Hamlet or Compact Rural Development is are permitted to connect to these
distribution lines.
(VI) = Plan Amendment by Ordinance No. 2007-10 on January 25, 2007
.
7
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Agenda Item No. 173
February 24. 2009
F'age 284 of 420
Policy 5.4:
Under criteria, projects may be eligible for central potable water service from Collier County
Utilities, or a private sector/independent district, within the Rural Transition Water and Sewer
District, depicted on the Existing and Future Potable Water Service Areas map (Figure PW-2) of
this Potable Water Sub-element. subject to availability. Qualifying criteria shall be limited to the
requirements and incentives established in the Future Land Use and Conservation and Coastal
Management Eiements of this Plan to obtain preservation standards established for
environmentally sensitive lands in the Sending Lands of the Rural Fringe Mixed Use District
(RFMUD). Criteria for potable water service eligibility may include, but are not limited to, plans
for development. which utilize creative planning techniques such as clustering, density blending,
rural villages, and transfer of development rights (TORs) from RFMUD Sending Lands. Criteria
for eligibility may be amended and additional Sending and Receiving Lands may be designated
in the future. Central Potable Water distribution lines, within the Rural Transition Water and
Sewer District, may extend through Sending Lands; however, no properties designated as
Sending Lands are permitted to connect to the distribution lines.
(VI) = Plan Amendment by Ordinance No. 2007-10 on January 25,2007
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February 24, 2009
Page 290 of 420
CAPITAL IMPRQVEMmtT PFiCJECTS FV 2003--2022
PROJECT DESCRIPTIONS
WATER TAEATMENT, TRANSMISItQN AND otSTRrSUTlOH
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411IGD 70'" US 41 WiM- South from CR9!1 Ollfl~n RIlO~o1.1e'-*m""UJngUSolil :lmmCRNi111l~ RIllIl1
411frJlD 701~ LandA tor NERWTP Ora eTl'fle '" MO "'l~-;;~.O: W--:::;WRF.
4hIGD 70'" l.ar1d Aeqt.Q.ltlon for SEAWTP F'tlrdtaA a.ddIilMBIpmpertv~te lullng M~ RNiJ Pl,J"lpk">g S~JMt'ptN'lyhlr~WTP
4tM1D 70155 Van~J'bIt Dr~ 8QoIbtr PS WId CoI'IItIuctkIfI forVaMo..bIIOfM)Boc:IW Pi
4t1/GD 70'57 MaIUl1lMl Aced PDW:Ilo Water ASR W. and DOnIIItlDDnOl'ilIXDI.IllImofltleASR.)II!IIMICIhlI ManatM FIDAllIlll&.
411JGD 7OIl62 US41 WM-Manltoe to South Corwrnll:lI:Jnolwal*rrnlllh US'1IlMlMIilMHleIo .-.
"1/GD """'" LMngltOn Ro.lId WIMr Maln tram PII1ll Ridge Road IQ CDnIlruelalB" WMIICI'lQ l.J\IhgIMMAoldlrOm PN; ~ Rtll.lJlb VWtdlrblt8l.e~ ~ClCl~
VltllMI''bJIt BeAch Roed liI/lltl Ra&d~.
4111GD 7OOlI1 LMnu.lOn ImI'T\Okala..VandttrbHl ConI.lruc11s'!M.4_l/;of\Q ~Fla.dfroJ1l V/JI'IdIorbIlI BlI&Ch ROI!Il$lO bm>okIIlee A.;lbctClll'lQlmont
wiltIJllMdl'tMlM'l'l.
4WGD 108.. SCFlWTP 20MGD I"I5IOn Wefl EaMlMftt Stutfv ~V4II.tJ.OoIIfI'Id_1l'IInI1IiXIl*IlOtI
04-11/GO 0000Il Remote DlslnffK:tlon Bcour fitully.dlql'landllllnlArue\tJnOl'nIIf\Ol&dlI4rMl:tlOnboclel9rlllallQl'll.
IWWW....."Pm
411/00 W' Vanderblll Orlva.....att:r 800ctM StIllion [)M9lWlCltonal.l'\It1r-.w...../)aOIQI,~1ktIDn.
411/GO W13 NERWTP SlIid'i.dI8fVn_~,~_G'lhIW3.0fJgd W1l" 18lCPil/lllllbll to 15 1tlVa) ~""ptp.ce1Ul1tItJ,g OJlU"9fl
T,..~II'Id""" roew~M~AMdB.
411iGO W14 SERWTP SWd)',"lQn Ilir'ltlCO'll1l\d)f1ot"""3(.lmgdWJ'P(~to 1~~ <<I8eMlJl(VllllWlllnew
CUIIM1I""'IOlItI~&rIdNNtl.
411/00 W17 RBtIIesnake HarM'l0Ck 1'}12' WTM 1n:I~_24'WU,*-"r;CRlfjlIOUS"1 Rdlunllke~Rc1
4'11130 W29 hIM Wllltiold S tor PKIlOIIICI NERY'iTP .- ...... lODIII\lNIlNI aadIMt -
411/GD W30 New W.rIIIlId: 8bIr:f for PfcOoHd SERWTP E1IalulD ~ M1lIUI1ocallarI8" &'lCI...... -
411/00 W31 L.8nd Acauisnion tor NERWTP WIIIIfII!lId PiRhuIDrOClMV~PERWTP___kiIloWWI(l""",1ol\Iltv
4111Gb W32 Land Acauls/lkln for SEAWTP Wel"d PUl'd:lue~lor.5IRW'TP'MllIIlIkf~~.tWt
_4tl: .... P
41ZJR,R&E 70027 CIUn we..,. Act RM Study EPAmMdIrI"~,i:NoI'ne_NMWIAII~~1llr reI_~anlI
al .tDrrtlrriallltol'lCl:lldertIl.......
G~FtwKFIIlIdIourIlrlflll~(J_ PlnI FIl:I;f RO.tt:I.Y.t VnJeltll8Mcl'1 fld)
4121R,A&E 7{J028 Goodlsfte Ad WI"" Main Ral~~~LFoI24.wt.llpllIfr...~llitreQf'll'lK'\&t~....RIr.1l1t'All.,Hp.IIl1.rtltli
I'OIItI ~raIIJaleo,34..
CrNr.._oll!l:fllem~lorfll.W.t.IIllIWUllllWalltl'~ lotle""""'orIoeal.tCrCltIll
"121R,R&E 70033 Water S~t9m Mepplng f~-::,:~~~e~wIlbflo'llDdby,"IPUEO Soocl:\ol\lrI~klrtulur.~oI
our to.." IMlltIIl'III
CMlr1JiI~fLn;l"~CIl_rr1lIhlarf'OO'I-p~Il"""CJ.II~ U~.1IoLM
412/R,R&e 7004S fOOT Joinl Prof&ct DoulllyL.r.e; AWpoI1I1~~/1wnfMckR;i:~"HII~ Rrt toCR;6;.rdM)'
OIherFDOT~ rMlcalIore..
~.Wldllrrn-. '"TFOOT~. f'0Df ~tIlJn:Idr1lWll9-.nd ~ eonlmcfwdeill:yed
412/R,NE 70047 R8kK:lIle 20"/12" WalMMaJrl US 4" corIlItt;lori~II6CIIbIlllI"IO"'bY~Il~ ^dcItlcltI"lrlGPIdtlfllre~lor~
Cf\IIWl. ThIoporl\DnlllllhtCc:w.ntyclIlpClldi1hfl!....~['I~d90byFDOT.rnber.o8PQSbdto
Ol:MlI'th.lOdtiOrIII'work
flalocate waw J1'IIN.I'of FOOT 1XIntbTJctlon. Por;lr I\ICOrclnwng. arid t.IfIfoIMen CCII'lItIicNI MsyBd
412/R,A&E 70048 iAe1o(:etft 12.~ WalIr MaIn US41 ~raal'DrAf8CIUll'8l1ettlllrnllWClrk~lIIdcIllrnIcraw. A.lIdIlkNl-InIP8lltD1l:l1nNIUllR!'Dr~
CraM. T,..ponlonollt18Count)'__fhI.lwup-.wvIQUllIyl'ffUl'lclli4Dy.FDOTdbll....~Ul
r#tlIrlht>oI!lCldIDorwJ"IIIOI'lI;.
412!R,Rl.E 70053 Counly Barn Road Water ~ AeJocatf!l ~~Rd,toO'VIIIBMI.,RtlloaEIon<Olwalelmall\slort::'.QJrlI)'u.rr.Rcl.~ ""
P<<ICI wrr. scl1tdlIIttd fOI' FY aoo1.
412tR,R&E 70057 Faclltv A9hatrllltetbo Rel'IllbIta!tov.-t!oull~..oI"'~.SCRWTP.wwI1'Ildand~81.tlol'lS.
1nJ'1
.
.
.
TABlE flW-t
f-\;Jsnda !l.:;nl ~h. ~118
February 24, 2009
?age 291 of 2:::0
'FUnd/1'~1 flrO;'~1 Prtlj.c~NIII~ I ~""I~ I
(A) ....
fI)f all CIJIIlomllll'll. Addlllonaly. lhMi aNI kwInd ~ wltIIrJ lt18 Dil.1IaIutIOt1 SY"I\Im ~ Ic>>qU'" '"
41~h,mr 7O~i5a Ols~n SysIClll"'l Ral'labllltation ftowISMOl.....II_d\l8wtheIlDGI'tIemlllnc.., lhKealNl. -rnI5PR1Ieel"OOrtIdthClH
l>>l1C>>W1CIM. 4$ -U lIS ~te II numtJMd oIl18rmetel$.nh 5)'5t8l'l'l fhl.lll8'le ll~
~"".w...lh8WalOl OIstrbnlonW~.lrom8~"*l;Ihbomoocl n..pnlllilll'llsll8_
<D'ISt~.'lfImpontryfacltyklllou.M'l'IlllWnllTlofli~~... ThtCUllWltilUltlPrrqwaa,
.t~'f1,Ai!i;E 70:i!,;1J Public UtIf1Uos OperaUons C&nt9r 'IlIh~~lCl'5Cl~'llNnlh1lnilll\l.lNe)'MfI. A.lldllb'lIIy.bwe~1II
IIlC~lICIlttel\lmllnlng~.ThlIf~"houallh&W"rDilll101JD::pnFadIly.
Wl/llr Admnlltrllllon.,-.j PI.dc WOrq Aclrnlnlstrdotl
ll~Z"R:,niLE ?OOC"3 I NewT? Nol.,ll Ab.I,,",onl PI11l1Tr11JCiloJl1lttr.1rClPl'J'llaatlQOl _.-. 11_"'IIDI"'1..JIU Irl tll!lol ~~XItRllY'~ J:!1Oo1""'" ,I,,.
lllnl1ta.&r:J:IIl~I!l1)~
..U2.r'R,1=4.t.E 700:J65 NCW'TP Mansiee & Cflr\ctl Chlorine Galli Conversillfl ~ thto.lClI~r,g IlIItC,... ~11ld:IrIa II ~ NCR1/TP ~'Illl.eJI Fitllld T..-uo.nt1 t.l;1l=-. j....,.,. III'
L~BlHd1.
!lPfI'lMt...~;:;IOOWlllllMlll'D'l'lIdGt'lIbllllOllt.$......,"II'\lI..IHll"'QRJ w"_IlPII~1<l~
"'2.1fl,Ril: 7\Y.... G'-'ldltl'1 'Gal.. WIII1"'1~ J'l'I,"'llfNlJ'TlfI"! '3.000lFoIl'hI.-....erl~ll".... "*,MCll,.~$lNlmIl!'U.~IDh27~
Gd-dttn GilIM Blvd 1 O' W.m~ Wa.in ~ _.;......,ll1"........,'rwlll8flrrO...~ICI_~1n!1wtll1i*!
.lll~R:i.E "000.1 ~$lf(",..,..ll'iWliDrlGs:lldWlliGalIBl\4F-lUYIunartll~~
"lrz,"F\J\l.e. 7D059 Upgrade HcwrP Ema1)EIJlCY Power Distribution ~~$&1~~~~=~"""f\A::'DOIBIIlll'\IIO't;l-..~
M,I D'iI.IlItJlIl'Jl~,. kr'M:t-\41 ~
412:."R R1E 7rJ011 CCOOT 11llllty RI!lloc.l!Itll! -
41~'RA!E 1'00'1'& Port Au Prlnee Wal8rlS&wer ImprO\l&merttfl ~.t:$l~"""'~IDn""'l:ImCllt'l:;.llnlrr.""'J1fOj1dtl)..pIIIft~rd.......~
~0lleCll0n~_"..""""",.. ~~1ttFon' 1Il>"""'.HdM
.c1~!A.R'f 7007~ I N:;::RWTP Or"r;kllln S\IPl)lv Wa18r WellS ~n~r#llfJf'.lctIQllGlM'lll'IlIIIl:fll&II~ .... bf IIMl NCA'/iTJo
"1;1R RiE 700719 I AlAtlMlltr.r...,lICllnoil!1lon ~ol'I'II8f'I""""'IIdlIlITlId:_ -
4U'lR....."!: 1'OOi'e 5 .j.l.AJ;unml!!nt~rp ~llU:GIllld'~'arR.~
. 121f\,R&f '1O!l1lO , ~m&r P8 Fuv-I Stt1l'l1 lit .l.lS(lIl'.IIP'II:ll~ll)rll)~tu.I .-.....'"-IIl""~
4. ~ ZIR. RAE 10:Kl. I NCRWrP j~'11I coaaqt_c.lttI1,.~t'ltJlL'Ul;:_IIll"I:IID.wn.".IIt...il,lClW/Tl"
.'2r'R..R&.E """. 200' FII;;;iIItI,o A~~CitI Ar.rI......""'~l1llIAiIlrI~a'IhII~,ftORWl"P,~iF.Il:~~1W1t
I torllllD.lOlOlTleI'fll, A.d~.vw."'__""WllNntlllt*lmuk:ltlSjlltMllllfll,.t!llq.Allen'fr
oI~~,f<14E 71'.i09* 2003 Disb'l!:lution System RehaPllltallon 1Iow1i~lIv.lIIblellulmVWl_ofltltfl'lllnlll'ltheM"r6ll4. Thlfp.......COmcItIlO!le
1l.f1c.,o..... _~ u ~.. runb6r ~obermel4l,..ln the S)'Bfe'rl1Nl r.....t:<<xlmI
oil 12./FVllE 70100 ~r.:RWTl' At;R Carw.f1lltltl "Y,;JN{'lP'^~l:;o~",
41~,R&e 7012_ W..",DI"'''bullotltM!Itt'NIIN' iIol"''J''N'lll'lV'l/!'ll~.llClllllr..1 . ...-
41VFtRiE 1fHZ1 Cnm.W w.. FM F.IIlnM1lon ~..n.t~
4t2<'R,R&E 1tl12D Ceo!ll'n,.<JlI;\ Staooartll 'Wa... u....ml, IIIllIy '''If'drmtll
<412lF\.,R.&.E_ :1'015& LtIw&r Tamlam! WlII1 ~"m .0, ~- ~ ...1*"......' ~...I:lNM~ fJIUltllIll'
. 121R..R&.E 10HO 1 VLJlrul~ .a.w.....l"lriStl.t PI,,!I:MlI ......1III"It1f\;lll~'kitit.....,~
<12lFI.R&E IV2Cl2: ; 2003 U1IIn s_. I 7.lQ.!IlJr':IllI..tlICnLllTy.aey~
"',lIRRAE ,""'" , lmmok. ~ld.-LJS.u~115 1=l.B~b1 ~"II.!~,~I'cr~\li~"""'nulII~llI",JIIV'W.'IIi;lttJII_'1lMlll!).It(}iP'
",2.II1.RAE 103" I vn~" M'PC'~tJCJ:\9!jl f1..IoenI. n~"'llrer.l'l:Ull.l,::f~-/t)o '~OI'lWIIrIv_r!'l"'(In\l.natlrblII&Nd-.ftfltIl~ /ll!rQ.1
l'loedl~-~I1-(l~1
4~2Jf.i.R~E: j 1UJCZ CR9~1" GGP tolmmolt Rd. Aelocet~ flMlOn lr"IIl ~~1117~n1 nml;.,g....,.rnlWlOl'1-~lIl!;' lr.ll:'llQollulc.~~ fllt:'t.'~rll'
I~$:{~
.j.ztt;.fU.~ '1'[003: I GoIcktn Gat. Paoowy. Ai!port Rd. to SeE! fslOCBtB (,lMt;l!l /IrQ 1ll:JI'IlI;'l.&:"""I17 nIIIo:Kulb(w\ ""l...:.ng~ lI'.-.on ~~.Q.tQ PJo~"""I1)'"lI,N~ f'tIlle
boatlIaBamoioI'ilHlvoS
.litVA.Rlff. 70,')00 I R<1l:m"'nIEKe "'amrriOClII fit!. - f'ull\lICl CHitSl I'Illrn:llI. ~ ...
~4.9!i:._~",",",":,.,,,~ ---"z .._ __,,_..w, 'n'~.... ................._.....
./!t:liFkME fOOEll , ea~~ ~ rCrtl&J-OOl'lrlllc;t-.atl i 'Milia. Tn!ll..I_yMt~.to8!\lhtIbuIlElllh8lWMf1a1ng.xpendedtltn.flret'lf'ne~allI8
I . \r.~fl\to.~S~"'IOI!WId!;UTflln!y~bJ"'DlIplotP.ewrlueIor~~"'Jall"""
'" ~ :2:ln,R.&t 7~i'J2 OlnII'l1lS'l'l'Wm I 1leOOlI'lI4. ThetUniJnl~OofIIiInDth8Vil,.,rt~org<<lilrKllgncapeal8ll. AcIdliorIllb,h
I I llI1I':omn1Jt~rlllitltldj(l'"In.~ct'QJIIIv.1tIIIMea...r~~na<<'lll"~lt~1I\
!Nltww.tllr.cu i
.
'(1:~.iR.,A.&.[ w. NCFMT~ ~O ....rnbl1l.nB Fmplac&!'N.<1l1 ~l!{*l....:l....--...
412JFlJU.E W. NCRWT;l' t4l'lQfI~ ~1'tml ~N'~_.,....,...al
_. -
41~.R&t: VV~O SCmvT'P.~ lacemom r~fII;~_"Y_"""
t1;>};'U:J&E ;.':OD2" AIInHd.d oomufjJ IlwvlCn ...t1INl1D<Ior ~~...
"~MV~&E .200~.2 NCWi=lTP SllIIwaw HiulbUir" !.taI1r,.<J_l......,di~~.~8Mf1Ir"":MldI!
"T~J~i!.E 2OO2-J A.!.Ao Rench RowJ '-'58U J..Aa Hf!nd'JflIJMl MI8lJ
.4~m.A&e ~}.4: ..... ..... "'-I'bn'tAllult.l~SUr;
"11YFt,A6E llY..12.S SCRWTP ~ Bmblnll N6w f"0U"l1'l AIIQC1'J1 -ea""",~a"'lCcCWIll\IeUlIII"llllll'ltli'fourtfl""III~~ttl"jOo'~
"j 2/R,R&E= W33 ~jERVlTl' AO'MfImbf1ln& .II'ttlm~MI I~~~"""""
,n2.If<lRlEl W34 SE1~\I'1T? AD ~to RtwI.C:6ffl1lJrIl ~~~"lJ~"'""",
1 411111D", GrOWltl Drive~ (Functed by Impact FDiI)
2. 41 ztr:!.FI&.E.. Rtonewal, R"plaC1:Jfl'l8r.t &. E!ltlarlcemlJnI (Fur-mCi by User FMJ
,r ~
Agenda Item No. 17B
February 24, 2009
Page 292 of 420
4.
ORDINANCE NO. 96-6
~
AN ORDINANCE OF THE COUNTY OF COLLIER, FLORIDA, PROVIDING
FOR REGULATION OF WATER, BULK WATER, AND WASTEWATER
UTILITIES WITHIN THE UNINCORPORATED AREAS OF COLLIER COUNTY,
FLORIDA; TITLE; PROCEEDINGS AFFECTING SUBSTANTIAL INTERESTS;
DEFINITIONS; COLLIER COUNTY WATER AND WASTEWATER
AUTHORITY, POWERS AND DUTIES; ISSUANCE OF FRANCHISE
CERTIFICATES AND CERTIFICATES OF EXEMPTION; REGULATION OF
SMALL UTILITIES; RATES; INTERIM RATES AND PROCEDURES; OFFICIAL
DATE OF FILING; MISCELLANEOUS PROVISIONS: CHARGES FOR
SERVICE AVAILABILITY; SERVICE; UTILITY SERVICE; SERVICE FOR
RESALE; REGULATORY FEES; APPLICATION FEES; ANNUAL REPORTING
REQUIREMENTS; NOTICE OF PUBLIC HEARINGS; CONDUCT OF PUBLIC
HEARINGS; BOARD APPROVAL OF ORDERS OF THE AUTHORITY:
POWERS OF THE BOARD; APPLICATION FOR TRANSFER OF FRANCHISE
CERTIFICATE, FACILITIES OR CONTROL: EXAMINATION AND TESTING OF
METERS; APPLICATION FOR ADDITION TO SERVICE AREA: APPLICATION
FOR DELETION OF SERVICE TERRITORY; ABANDONMENT;
ENFORCEMENT AND PENALTY PROVISIONS, REVOCATION OF
FRANCHISE; EXEMPTION OF COUNTY UTILITY SYSTEMS: COMPLIANCE
WITH OTHER APPLICABLE REGULATIONS; APPELLATE REVIEW;
PROVISION FOR THE POSSIBILITY OF TRANSFER OF REGULATION TO
ANOTHER GOVERNMENTAL AGENCY; CONFLICT AND SEVERABILITY;
INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County, Florida,
has made the following determinations:
1. Section 367.171, Florida Statutes, authorizes the Board of County
Commissioners to rescind Public Service Commission jurisdiction over private
water and sewer utilities in the unincorporated areas in Collier County and
assume power and jurisdiction to regulate those Utilities.
2. The Board of County Commissioners, pursuant to Section 367.171,
Florida Statutes, will adopt a Resolution rescinding Florida Public Service
Commission jurisdiction over private water and sewer utilities in unincorporated
Collier County.
3. The interests of the citizens of Collier County will be better served
by Collier County regulating certain private water and sewer Utilities,
.
1
.:\081ja :tE:.'::-n r~O, '178
Fsbruary 24, 2009
PaQe ~'~i3 of 420
~
...
4. The regulation of water and sewer Utilities by Collier County is
hereby declared to be in the public interest, and this Ordinance is in the exercise
of the police power of the State for the protection of the public health, safety, and
welfare, and the provisions of this Ordinance shall be liberally construed for the
accomplishment of such purposes.
~
5. Pursuant to Section 125.01(t}, Florida Statutes, Collier County is
authorized to adopt ordinances and resolutions as needed to the exercise its
powers and authority.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT:
SECTION ONE:
THAT THE FOLLOWING ORDINANCE IS ENACTED:
SECTION M.
TITLE; PROCEEDINGS AFFECTING SUBSTANTIAL INTERESTS.
.
This Ordinance is entitled the "Collier County Water and Wastewater
Utilities Regulatory Ordinance." All proceedings relating to Utilities which are
regulated by this Ordinance in which substantial interests of a party thereto will
or may be detennined, shall be conducted in compliance with the provisions of
this Ordinance, Rules of the Board, and Rules of the Collier County Water and
Sewer Authority, all of which shall be construed to promote just, speedy, and
inexpensive determination of each issue.
(
SECTION 1-2.
DEFINITIONS.
For the purposes of this Ordinance the following terms, phrases, words,
and their derivations shall have the meaning specified herein. When not
inconsistent with the context, words used in the present tense include the future,
words in the plural include the singular number, and words in the singular
number include the plural number. The word "shall" is always mandatory and
not merely directory. The word "may" is directory.
A.
Authority. The Collier County Water and Wastewater Authority.
B.
Florida.
Board. The Board of County Commissioners of Collier County,
C. Clerk of the Board. The Clerk of the Circuit Court serving as Clerk
and accountant to the Board.
.
D. Bulk water utility. Any person or business entity of any kind
whatsoever, lessee, trustee or receiver. owning, operating, managing, or
fA
2
,
Agenda Item No. 17B
February 24, 2009
Page 294 of 420
.M,
controlling a System or proposing construction of a System to provide untreated
or treated water to a Utility, bulk user, or distributor of water for compensation.
E. Combined notice. A notice of any hearing before the Board which
is combined with a notice of hearing before the Authority.
F. Contrlbution-In-ald-of-conatruction; CIAC. Any amount or
money, services, and/or property, or any combination thereof, directly or
indirectly received by a Utility at no cost to the Utility or which have value in
excess of the consideration given by the Utility for same, the excess of which
represents a gift, donation, or contribution to the capital of the Utility and is used
or planned to be used to offset the acquisition, improvement and/or construction
costs of the Utility's property, facilities, or equipment used to provide services to
the customers of the utility. The tenn CIAC includes payments to the utility such
as system capacity charges, main extension charges, plant expansion fees,
customer connections charges, and other similar monetary payments to the
utility.
G. Corporate undertaking. The unqualified guarantee of a Utility to
pay a refund, with or without interest, may be required by the Board.
-,'
H, County. Collier County, a political subdivision of the State of
Florida. wCounty" may include the Board and the Authority unless the context
clearly indicates otherwise.
I. Daya. Consecutive calendar days.
J. FPSC means the Florida Public Service Commission.
K. Franchi.. certificate (or 'wFranchise") refers to a privilege granted
by the Board to authorize a Utility to provide utility service within the boundaries
of a specifled geographic area or areas pursuant to this Ordinance.
L. Governmental Agency. This is a broad and inclusive definition that
includes the Government of the United States, the State of Florida, and all
districts, units, commissions, authorities, councils, committees, departments,
divisions, bureaus, boards, sections, or other unit or subdivision or either or both
of them, including the Florida Public Service Corrvnission.
M. Groll receipts. All revenues received by the Franchisee inCluding
miscellaneous revenues, excluding the following: interest earned on invested
funds, proceeds from resales at wholesale to other Franchisees of the County
that will pay the County fees on the retail sales of such down-stream Utility
service; capacity fees; and connection fees.
.
-4
3
:tem fh. 178
r:~_:txu3rt~4; ?'?2?
P~lg8 Lb rJl ''-+LO
.
N, Invested coat. The actual legitimate original cost of property in the
public service honestly and prudently incurred by the person first dedicating it to
the public service, including any cost adjustments approved by the Authority,
reduced by all contributions-in-aid-of construction and all other contributed
assets that have not been adjusted for used and useful.
"
O. Official Date of Filing. The date specified by the Authority or its
Designee pursuant to this Ordinance which certifies that the utility has filed with
the County complete minimum filing requirements established by this Ordinance
and/or Rule of the Board of the Authority for the respective application or
proceeding.
P. Ordel1l:
(1) Orders of the Board. The Board may issue such Orders as it
deems proper.
(2) Orders of the Authoritv:
.
(a) FINAL Order means any order of the Authority that is a
final decision on the issue. The Final Order may be on matters of procedure
and/or decisions on the merits of the matter.
(b) Preliminary Order. Each Preliminary Order of the
Authority is a reCOlllTlendation to the Board requesting that the Board render its
decision on matters over which the Board has the final authority. Those
decisions include: issuance or denial of Franchise Certificates pursuant to
Section 1-4 herein; to execute Franchise Agreements with new utilities; to
approve or deny Transfers of Franchise Certificates pursuant to Section 1-19
herein; to revoke a Franchise Certificate pursuant to Section 1-25 herein, or to
authorize the Authority to institute litigation pursuant to Subsection 1-3 (13)
herein. Such Preliminary Orders of the Authority are subject to such decisions
thereon as the Board may determine proper, including remand by the Board
back to the Authority and/or to a Hearing Examiner.
(
I
I
I
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(3) Orders of Hearina Examiners. Hearing Examiners may
issues such orders as appropriate in the proceedings. Procedural orders of the
Hearing Examiner are not appealable to the Authority. The Hearing Examiner
will usually issue recommended Orders to the Authority for decision thereon by
the Authority. Such decisions of the Authority shall be final unless the Final
decision Authority thereon has been specifically retained by the Board pursuant
to this Ordinance.
"'1
4
Agenda item No. 178
February 24,2009
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...
Q. Party. Any person or group of persons having an identifiable
interest in the respective proceeding, including any individual customer of the
affected applicant or Utility.
R. Person, Any individual, corporation, authorized representative of
any Govemmental Agency, any estate, trust. partnership, association, fiduciary,
and/or all other groups or combinations thereof. or any other entity.
S. PresidIng Officer. Presiding Officer means the individual
chairperson presiding over the respective matter, case or proceeding, meeting
or hearing, to wit: the Chairman of the Board of County Commissioners, the
Chairman of the Authority; or the Hearing Officer regarding matters then being
considered by the Hearing Examiner. Presiding Officer includes substitutes for
each of the above at such times that the primary Presiding Offices cannot
preside or otherwise handle the issue in a timely fashion.
T. Rule of the Board. A Rule approved by the Board pursuant to this
Ordinance or by resolution adopted pursuant to this Ordinance. Rules of the
Board may be not be amended, or repealed without one (1) public hearing
thereon by the Board. "Rule" always includes the plural "Rules," unless the
context indicates to the contrary.
~...
U. Service. The readiness and ability on the part of a Utility to furnish
and maintain water and/or sewer service to the point of delivery for each lot
and/or tract. or pursuant to applicable rules and/or regulations of any applicable
governmental agency having jurisdiction_
V. Submeterfng. This means the not-for-profit resale of water and/or
sewer service by a master metered customer of a Franchisee to individual
customers served through that master meter and which customers occupy
residential or commercial units on property owned or otherwise lawfully
controlled by the master metered customer.
W. System, Utility facilities and property used and useful in providing
utility service, and upon a finding by the Board may include a combination of
functionally related facilities and property that are physically connected by lines
or other utility facilities.
X. Territory. The geographical service area described as such in a
Utility's Franchise Certificate. Territory may be referred to herein and in Rules
as "service area," "service areas," or "certificated area."
~
Y. Test Year. This means the twelve (12) month period commencing
no more than eighteen (18) months prior to the Official Date of Filing of an
application. The data presented in any statement concerning a Test Year shall
~
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-' rsbruary 24,2009
Page 297 of 420
.
be limited to actual income and expenses, without adjustment or alteration, as
detennined on an accrual basis during the subject time period.
Z. Utility. Any Person or business entity, lessee, trustee and/or
receiver, owning, operating, managing, or controlling a System, or proposing
construction of a System, who or which is providing or proposes to provide
potable water and/or non-potable water, or bulk water, and/or sewer service, or
any combination thereof, within any unIncorporated area of the County to the
public for compensation, but excluding only the following:
1. Property used solely or principally in the business of bottling,
selling, distributing or furnishing bottled water or portable treatment facilities; or
2. Systems owned, operated, managed, or controlled by a
Governmental Agency; or
3. Manufacturers providing such utility service solely in
connection with their own manufacturing operations; or
4. Each public lodging establishment providing such utility
service solely in connection with lodging service to its guests; or
.
5. Each landlord or Homeowners' Association providing utility
service to their own tenants or unit owners without specific compensation for any
such utility service; or
6. Each water system and/or sewer system which has a rated
capacity (at maximum day system peak) of less than 2,000 gallons per day per
utility service; or
7. Any Utility which derives less than fifty percent (50%) of its
revenues from unincorporated areas of the County with the balance derived from
the incorporated area. Any Utility which derives fifty percent (50%) or more of its
revenues from the unincorporated areas of the County shall be subject to the
provisions of this Ordinance as they relate to only the rates, fees, and charges
charged by the Utility in its unincorporated area(s); or
8. Any utility system that is then serving less than one hundred
(100) customers with water and/or sewer service. For the purpose of this
subparagraph, a "customer" is not each individual served. Each residence,
apartment unit, condominium unit, office or other unit of a building or structure,
each mobile home, each recreational vehicle, etc_, is one (1) customer. A
duplex is two (2) customers; a triplex is three (3) customers, etc.
.
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!\genda I:em 1'0. 17B
February 24, 2009
Page 298 of 420
..
9. Systems solely for tenants or occupants of: governmental
buildings, religious, educational or cultural institutions or facilities, or for
recreational, scientific or institutional facilities,
10. Systems not owned by a Franchisee that are downllne from
the Franchisee's master meter and are operated and subrnetered by a master
metered customer of the Franchisee for resale to individual residential or
commercial consumers occupying property owned or otherwise lawfully
controlled by that master metered customer.
Amend to edd at first opportunity; omitted from original ordInance:
11. Nonprofit corporations, associations, or cooperatives
providing service solely to members who own and control such nonprofit
corporations, associations, or cooperativas.
AA. Wastewater. Means .sewage," or "sewerage," means a
combination of the liquid and water-carried pollutants from a residence,
commercial building, Industrial plant, or institution, together with any
groundwater, surface runoff, or leachate that may be present.
;t
BB. Wastewater system. Means or "sewer," .sewer system," or
"sewerage system" means any and all plant, system, facility or property, and
additions, extensions and improvements thereto at any future time constructed to
acquire as part thereof, useful or necessary or then having capacity for future
use in connection with the collection, treatment, purification and disposal of
sewage of any nature, originating from any source, and without limiting the
generality of the foregoing, includes treatment plants, pumping stations, lift
stations, valves, force mains, intercepting sewers, laterals, pressure lines,
mains, and all necessary appurtenances and equipment; also Includes all
wastewater mains and laterals for the reception and collection of sewage from
premises connected therewith; also includes all real and personal property and
any interest therein, rights, easements, and franchises of any nature relating to
any such system and necessary or convenient for the operation thereof.
.
.~
ee. Water system. Means any and all plant, system, facility or property,
and additions, extensions and improvements thereto at then future times,
constructed or acquired as part thereof, useful or necessary or having the then
present capacity for future use in connection witf1 the development of sources,
treatment or purification and distribution of water, and, without limiting the
generality of the foregoing, includes dams, reservoirs, storage tanks, lines,
valves, pumping stations, laterals and pipes for the purpose of carrying water to
the premises connected with such system; also includes all real and personal
property and any interest or rights therein, easements, and Franchises of any
7
/\;)enda Item No. 178
February 24. 2009
Page 289 of 420
.
nature whatsoever relating to any such system and necessary or convenient for
the operation thereof.
.
SECTION 1-3.
AUTHORITY;
COLLIER COUNTY WATER AND WASTEWATER
POWERS AND DUTIES.
A. The Collier County Water and Wastewater Authority (the "Authority")
is hereby established. Authority shall have the Final Decision on all issues
authorized by this Ordinance unless it is clear that such final decision resides
with the Board. The Authority, upon request or upon its own motion, has the
following powers and duties pursuant to Ordinance:
1. To issue a Preliminary
modifications and/or additional conditions
Certificate;
Order to issue (grant), issue with
as modified, or deny a Franchise
2. To issue a Preliminary Order to revoke a Franchise Certificate.
3. To issue a Preliminary Order to amend the County's Annual
Franchise Fee.
.
4. To issue a Preliminary Order to authorize the transfer of a
Franchise Certificate.
5. To issue a Preliminary Order to institute litigation.
(
6. To issue a Final Order to fix rates that are just, reasonable,
cOlT'()ensatory, and not unfairly discriminatory;
. 7. To issue a Final Order approving, modifying, or denying any
tariff. or other rule or regulation proposed to be established by or on behalf of an
applicant or Utility;
8. To by Final Order establish and from time-to-time amend a
uniform system and classification of accounts for all regulated Utilities which,
among other things, shall establish adequate, fair and reasonable depreciation
rates and oharges.
.
9. By Final Order to require regular or emergency reports from a
Utility, including, but not limited to, financial reports, as the Authority deems
necessary. If the Authority finds a financial report to be incomplete, incorrect, or
inconsistent with the uniform system and classification of accounts, the Authority
may require a new report or supplemental report. either of which the Authority
may for good cause require to be certified by an independent certified public
account licensed under Florida Statute;
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/\genda Item No. 178
February 24, 2009
Page 300 of 420
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10. To issue a Final Order to compel repairs, improvements,
additions, and/or extensions to any Utility's facility, and/or to require the
construction of a new facility if deemed reasonably necessary to provide
adequate and proper service to any person entitled to such service, or if
reasonably necessary to provide any prescribed quality of service; except that
no Utility shall be required either to extend its utility service outside the service
territory described in its Franchise Certificate, or to make additions to its plant or
equipment to serve outside such service territory unless the Authority first finds
that the Utility is financially able to make such additional investment without
impairing its capacity to serve its then existing customers and other future
customers who have vested rights to the respective utility service;
11_ To issue a Final Order to compel interconnections of service
or facilities between Utilities, and to approve any plant capacity charges, or
wholesale service charges, or rates related to either, provided the Authority first
finds that the Utility is financially able to make such additional investment without
impairing its ability or capacity to serve its existing customers and Mure
customers who have a vested right to such Utility service;
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12. In matters that are not covered by provisions that require
Preliminary Orders. to make recommendations to the Board by Executive
Summary regarding any matter pertaining to the regulation of Utilities deemed by
the Authority to be necessary or convenient to carry out this Ordinance or Rute
of the Board;
13. With respect to the conduct of its hearings pursuant to this
Ordinance:
a. To adopt rules for the conduct of its hearings; and
b. To take testimony under oath;
14. To issue a Final Order to require the filing of reports and/or
other information and data by a Utility and/or its affiliated companies, including
its parent company regarding transactions or allocations of COnTnOn costs
among the Utility and such affiliated companies; the Authority may also require
such reports or other data necessary to ensure that the Utility's rate payers do
not subsidize non-utility activities;
.
....
15. To request that the Board or County Administrator provide
Hearing Examiners and/or consulting services and/or other personnel, or
departments of the County government to perform work, including compiling
factual data and/or information reasonably required by the Authority or the Board
for the proper pelformance of duties or functions under this Ordinance;
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Page 301 of 4.20
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16. To enter on any property used by any utility at any
reasonable time. and to set up and use thereon all necessary equipment to
make investigations. inspections, examinations and/or tests for the exercising of
any power under this Ordinance after reasonable attempts to give notice of
same to the Utility; the Utility has the right to be represented at the making of
such investigations, inspections, examinations andlor tests;
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17. To hold any person who, or utility which, fails to obey any legal
Order, mandate, decree or instruction issued by the Authority or hearing
examiner during any proceeding by the Authority, in contempt of the Authority;
each day of violation of any legal order, mandate, decree or instruction issued
by the Authority may be deemed to constitute a separate act of contempt.
18. Subject to prior approval of the Board on a case-by-case
basis upon Executive Summary request from the Authority, the Authority may
take actions, including seeking injunctive relief, to effectuate any provision of
this Ordinance;
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19. To otherwise do all things necessary or convenient to the full
and complete exercise of its jurisdiction and/or duties under this Ordinance
except issue Final Orders in matters where the final decisions thereof have, by
this Ordinance, been reserved to the Board.
B. Executive Director of the Authoritv. The Board shall employ an
Executive Director of the Authority, The Executive Director may be a full-time or
part-time employee of the County and shall be responsible for all administrative
matters relating to the Authority. The Executive Director has final decision on
many matters as specified in this Ordinance and/or Rules of the Board. The
Authority may delegate additional powers to the Executive Director by adoption
of Rules of the Authority provided such delegation does not violate this
Ordinance and/or Rule of the Board.
(
C. The Executive Director or his/her designee may enter on any
property used by any Utility at any reasonable time, and to set up and use
thereon all necessary equipment to make investigations, inspections,
examinations andlor tests for the exercising of any power under this Ordinance
after reasonab.le attempts to give notice to the Utility; the Utility has the right to
be represented at the making of such investigations, inspections, examinations
and/or tests.
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D. Forms. The Authority, without further approval by the Board, may
prescribe and amend forms for use by Utilities in compliance with any provision
of this Ordinance or Rule of the Board.
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Agellda item No. 178
February 24, 2009
Page 302 of 420
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E. Members of the Authoritv. The Authority shall consist of five (5)
members appointed by the Board. Three (3) members shall be technical
members. and two (2) members shall be lay members. The Board, collectively,
shall appoint all members. More than one (1) member may be appointed from
the same area of expertise. No Board member has any individual power of
appointment.
1. Each technical member shall be appointed based on
individual expertise in one (1) or more of the following areas:
(i) Engineering: with experience in water and sewer
systems;
(ii) Finance, accounting, rate-making, andfor utility
regulation; or
(iii) Business administration.
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2. The lay members shall be appointed on the basis of individual
civic pride, integrity, and experience in any area of relevant utility service and
management, rate making, utility regulation, or other endeavors considered by
the Board to be beneficial to the proper functioning of the Authority. Lay
members may be appointed from the same areas of expertise as technical
members.
3. No member of the Authority shall, directly or indirectly, be
employed by, be connected with, or have any financial interest in, or serve as an
agent or representative of, any Utility then regulated by this Ordinance.
Members of the Authority shall be subject to financial disclosure as required by
Florida statutes, currently Section 112.3145. A member of the Authority may not
serve more than eight (8) consecutive years except jf an individual is appointed
initially to less than a four (4) year term that individual may serve two (2) full four
(4) year lenns in addition to the initial term, for a maximum continuous tenn of up
to eleven (11) years. Members shall hold office until their successors have been
duly qualified and appointed. No member shall accept any gratuity or other
compensation of any kind from a Utility, any Utility employee, agent, or other
representative. The Board may appoint an alternate member of the Authority
who will take his/her voting seat only during times of absence of a regular
member of the Authority.
4. Members of the Authority shall be reimbursed for their
necessary expenses incurred in the performance of their official duties, as shall
be determined and approved by the County Administrator.
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AgenJa Item ~Jo. 1-;'3
February 24. 2009
?age 3CJ3 of '~2J
I.
5. The initial term of office shall be one (1) year for one (1)
member, two (2) years for one (1) member, three (3) years for two (2) members,
and four (4) years for the remaining member, with appointments or
reappointments thereafter, whenever possible, to be for a term of four (4) years
for each member, The Commission shall detennine which members shall be
appointed for which year terms, Before entering upon the duties of office, each
member shall file written acceptance of that appointment and take and subscribe
to a written oath of office. which shall be filed in the Office of the Clerk to the
Board,
6.,
.
6. A member of the Authority may be removed from office with or
without cause by a vote of three (3) or more members of the Board. Whenever a
member of the Authority shall fail to attend three (3) consecutive meetings
without having been excused by the Chairman of the Authority, the Authority
Chairman shall promptly certify in writing such absences to the Board. Upon
such certification the defaulting member may be removed by the Board, if
removed, the Board shall fill that vacancy by further appointment to that seat.
7. The members of the Authority shall select a Chairman, a
Vice-Chairman, and such other officer(s) as deemed desirable by the Authority.
Each officer should generally be appointed to a term of at least one (1) year.
Each officer may be reappointed to hislher same office, but no member shall
serve in the same office for more than three (3) consecutive years and no
member may be appointed to an office that extends beyond his/her then
remaining appointment to the Authority by the Board.
(
F. Minutes of each Authority meeting shall be kept end prepared under
the general supervision and direction of the Clerk or designee of the Clerk to the
Board. Such minutes shall be kept on file by the Authority.
G. The Authority shall meet as often as necessary, but generally not
less often than once each month, to discharge its duties pursuant to this
Ordinance. Three (3) members present constitute a quorum. The affirmative
vote of three (3) members is required to take any action except to cancel or
continue a meeting that has no quorum.
H. SUbject to the County's budget, the County Administrator will provide
clerical and public record recording assistance to the Authority.
SECTION 1-4.
ISSUANCE OF FRANCHISE CERTIFICATES;
CERTIFICATES OF EXEMPTION.
.
Only the Board may issue a Franchise Certificate to any Utility. The
Authority has Final Order Authority over granting exemptions from regulation.
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Agenda Item No. 17B
February 24, 2009
Page 304 of 420
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A. Certificates From Florida Public Service Commission. Each Utility
holding a Certificate from the Florida Public Service Commission (FPSC) on the
effective date of the Board's Resolution rescinding the jurisdiction of the FPSC
over the Utility shall receive a Franchise Certificate for all service areas for
which that Utiltty then held such a Certificate(s) from the FPSC, provided such
Utility applies for each Franchise Certificate by filing an application for same with
the Authority within one hundred twenty (120) days of the effective date of this
Ordinance. The application for such a Franchise from the County shall include:
1. A map of its existing System with planned extensions, if any,
and a legal description of all area(s) for which the then effective FPSC
Certificate was issued;
2. A certified copy of all orders issued by the FPSC granting the
FPSC Certificate to that Utility;
3. FPSC tariffs listing all FPSC approved rates and charges
then in effect, all of which will remain in effect until modified as approved by the
Authority;
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4. A copy of all FPSC approved operating regulations and
procedures of the Utility then in effect, all of which shall remain in effect until
modified as approved by the Authority;
5. The then current FPSC approved rate base of the Utility,
which shall continue to be the rate base of the Utility until modification thereof is
approved by the Authority; and
6. Such other minimum filing requirements as may be required
by Rule of the Board.
B. Within sixty (60) days of a Utility's submission of an application
pursuant to subsection (a) above, the Authority shall render a decision whether
such application is complete and thereupon set the Official Date of filing.
C. If the Authority finds that the application is deficient
for failure to satisfy all filing requirements, the Authority shall return the
application to the Utility for revisions. The Utility shall have thirty (30) days to
revise and resubmit such application to the Authority, which shall have twenty
(20) days to review the revised application. These time periods may be
summarily extended by the Executive Director of the Authority for good cause.
.
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D. At such time as the Authority determines the Utility's
application satisfies all requirements of subsection (A) above, the Authority shall
issue a Preliminary Order within thirty (30) days of the Official Date of Filing to
13
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/:-,aencJa item No. 178
~ February 24,2009
Page 305 of 420
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recommend that the Board issue one (1) or more Franchise Certificates to the
Utility.
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E. Within thirty (30) days of the issuance of the Authority's Preliminary
Order, the Board, without a public hearing, may issue its Order on the
application, which may issue Franchise Certificate(s) to the Utility.
F. After one hundred and eighty days (180) from the effective date of
this Ordinance, unless extended by Final Oreler of the Authority, it shall be
unlawful for any Utility under the regulation jurisdiction of this Ordinance to
provide any Utility Service within the unincorporated area of the County without
either a Franchise Certificate having been granted to that Utility by the Board, or
based upon an active application to acquire a Franchise Certlficate for the
respective service then pending before the County.
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G. New Utility. For the purposes of this Ordinance, "New Utility" means
any Utility applying for a Franchise from the County except pursuant to
subsection A., above, "Grandfathering."
1. One hundred and twenty (120) days after the effective date of
this Ordinance, no person shall build, install, maintain, operate, or continue to
operate any Utility, including Bulk Water Utility, in any unincorporated area of
the County unless the Board has granted that UtIlity a Franchise Certificate for
that service, or unless the Utility, upon application for same, has been formally
determined by the Authority as being exempt from regulation Under this
Ordinance.
(
2. Each applicant for issuance of a Franchise Certificate for a
New Utility shall:
a. Provide information required by Rule of the Board
and/or the Authority which may include a detailed inquiry into the ability of the
applicant to provide service, the planned service territory, all facilities involved,
the need for service in the planned service territory involved, and the existence
or nonexistence of that utility service from other sources within nearby
geographical proximity to the service territory applied for:
b. File with the Authority schedules 5howing all proposed
rates, fees, classifications and charges for service of every kind to be furnished
by it; also all rules, regulations, and written contracts relating thereto;
.
c. Submit an affidavit that the applicant has caused
notice of its intention to file an application for the New Franchise, which notice
must be delivered by mail or other actual delivery to the Authority, and to such
other persons and in such other manner as may be prescribed by Rule of the
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,t\oerJda Item ~~o. 178
c February 24,2009
?age 306 of .::120
Board. Such notice shall be given at least twenty (20) days prior to the filing of
such application;
d. If required by the Executive Director of the Authority, or
by the Authority, file a certified copy of its certificate of incorporation, if any; an
audited Financial Statement; an inventory of assets; and other information such
that the Authority can determine whether or not the applicant is qualified to be
issued a Franchise Certificate by the Board. The Board may require the
applicant to post a bond, satisfactory to the Board in form and sureties, to
guarantee compliance with any conditions Imposed by the Board for issuance of
the Franchise(s);
e. The application shall be signed by the person who will
be the holder ofthe Franchise.
3.
Certificates:
Review the Contents of each application for Franchise
a. The Authority may issue a Preliminary Order approving
a Franchise Certificate in whole or in part, with or without modifications, or deny
any Franchise Certificate. No Utility shall be granted greater authority than that
requested in the application and any amendments thereto. The Authority shall
not issue a Preliminary Order to grant a Franchise Certificate for a proposed
System or for the extension of an existing System which will be in competition
with, or a duplication of, any other System or portion of a System. unless it first
determines that such other System or portion thereof is not adequate to meet the
reasonable needs of the service area and all other service commitments, if any,
outside of the service area, or that the System is unable to, or that its principals
refuse to or have neglected to, provide adequate utility services.
b. If the Authority does not receive written objection to
such an application within twenty (20) days following the Official Date of Filing of
the application, the Authority may issue a Preliminary Order on the application
without a public hearing theraon.
c. If, within twenty (20) days following the Official Date of
Filing of such an application, the Authority receives from a Utility, or from any
consumer that would be substantially affected by the requested certification, a
written objection requesling a public hearing, the Authority may conduct a public
hearing, generally within twenty (20) days from actual receipt of the written
objection, unless the hearing is extended by the Authority or its Executive
Director.
.
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d. A public hearing held pUlSuant to subsection 3, C.,
above, shall result in a Preliminary Order issued by the Authority. Within sixty
15
AGenda Itsm I'-Jo. 17B
~ February 24, 2009
P3ge 307 of 420
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(60) days of the issuance of such Preliminary Order, the Board should review the
matter and may hear legal arguments concerning the Authority's Preliminary
Order. Based upon such review and any such legal arguments presented, the
Board may confirm, confirm as modified by the Board, deny the Authority's
Preliminary Order, or remand the matter back to the Authority or to a Hearing
Examiner, or otherwise deal with the matter.
e. The Board may deny the application or require
amendment to any Certificate on the ground that the such service will violate the
established local comprehensive plan developed by the County pursuant to
Florida Statutes, currently Section 163.3161, and following sections,
f. In reviewing the application, the Authority shall
consider the following:
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(i) The applicant's apparent ability to have or
acquire sufficient resources to build, install and operate the proposed Utility;
(ii) The apparent ability of the applicant to provide
the proposed service(s) to the territory with the proposed facilities involved, the
need for service in the territory involved, and the existence or nonexistence of
such utility service from other sources within geographical proximity to the
territory for which the Utility has applied; and
(iii) Whether the application conflicts with the
County's local comprehensive plan, including all relevant capital improvement
programs adopted by the Board.
g. Each Franchise Certificate applied for, except those
described in subsection A above, shall specify and acknowledge that:
(I) Such terms and conditions as may be deemed
necessary by the Board to protect the public health, safety or welfare;
(ii) Whether the Franchise is for a water system,
sewer system, or bulk water Utility, or applicable combination thereof;
(iii) The territory to be served by the Utility. The
Franchise Certificate for a Bulk Water Utility may include all or part of an area
covered by the Franchise of a another Utility. Subject to economic feasibility,
the Utility must serve its entire certificated area(a);
.
(iv) That the Franchise Certificate is not any
impediment to acquisition of the Utility or any part thereof by the County and/or
any other Governmental Agency, by purchase, condemnation, or otherwise;
15
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Agenda Item I'-Jo. 178
February 24, 2009
Page 308 of 420
(v) That the County has full power and authority to
grant a license or Franchise to any other person or entity to construct, maintain,
repair, operate, and remove lines for the transmission of water, wastewater, gas,
power, television, telephone, and/or any other public utilities whatsoever, under,
on, over, across, through, and/or along every public road, public highway, other
public right-of-way, or public utility easement for the respective uses acquired by
the County, by any other Government Agency, by purchase, gift, devise,
dedication, prescription, or by any other means;
(vi) That the Utility shall prevent the creation of and
shall not allow or suffer to continue any obstructions or any other conditions
which are or may become physically dangerous to any member of the general
public;
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(vii) That the Utility shall repair any and all damage
and/or injury to public and private streets, roads, highways, and all other tangible
property caused by reason of the exercise or any privileges granted in the
Franchise and, at no direct or indirect cost to the County or other Governmental
Agency, shall promptly repair all such damage or injury to all public streets,
roads, highways, and other tangible property, restoring each to the conditions at
least equal to the conditions that existed immediately prior to the infliction of
such physical damage or injury by or on behalf of the Utility;
(viii) That the Utility shall indemnify and hold
harmless the County, the Board and its members, tile Authority and its Executive
Director, and all employees and members all of the above, from any claims,
suits, and damages that nay result, directly or indirectly, from any exercise of (or
failure to exercise) any rights, privilege(s) aod/or licenses granted or authorized
by the Franchise Certificate;
(Ix) That In the event of widening, repairing,
relocating, or reconstructing, of any public street, public road or public right-of-
way, the Utility shall, at no cost to the County or any other Governmental
Agency, relocate as needed all utility lines and other tangible property of that
Utility;
(x) That the issuance of the Franchise Certificate
shall not entitle the Franchisee to any consideration and shall not otherwise
prevent, bar, or hinder the County and/or any other Governmental Agency from
closing, abandoning, relocating, vacating, discontinuing, improving, or
reconstructing any public street, road, or other right-of-way or easement, except
those that are private;
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17
r\g'3nda Item No.1 IS
Feb:-uarv 24. 2009
Pnge 309 of 420
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(xi) That the Utility shall comply with all then
applicable rules, regulations, and standards pertaining to such Utility from all
Governmental Agencies having jurisdiction;
(xii) That the Utility shall always maintain and keep
all improvements in good repair and, and subject to economic feasibility of the
Utility, shall provide all Franchised Utility services within a reasonable time to all
persons requesting such service to be provided within the certificated territory;
tI.,
(xiii) That if the Authority determines that it is
appropriate to install fire hydrants for the purpose of combating fires, the County
has the right and privilege of doing so, and may order the Utility to make such
connections and charge to its customers, pro rata, for labor and materials used
in the installation of said fire hydrants and other appurtenances necessary for
furnishing water from the respective distribution system to said fire hydrants; in
such cases the charge to the Utility's customers shall be the Utility's actual cost
for making the connections. together with a fair return on the Utility's investment
therein;
~.
(xiv) That the Franchise Certificate shall not be
deemed to constitute a County requirement that any landowner use the Utility's
water, nor shall this Ordinance be construed to constitute a Collier County
imposed prohibition against any landowner using well water for consumption,
irrigation, recreation and/or yard maintenance;
("
(xv) That Franchise Certificate issued by the County
shall have no monetary or other value in the context of the County and/or any
other Governmental Agency seeking to acquire the Utility or any part thereof;
(xvi) That the Franchise Certificate shall not be
deemed to prohibit or restrict construction, operation and/or maintenance of any
utility outside of the franchised service territory by the County or by any
Governmental Agency;
(xvii) The term of the Franchise, which shall not
exceed thirty (30) years; also any provisions for renewal thereof:
(xviii) Provisions for purchase of the Utility by the
County on such terms and conditions as the Board shall determine to be proper
to best serve the public health, safety and/or welfare;
.
(xix) Provisions for revocation of the Franchise
Certificate in the event of any vioiation or its terms, or of violation of this
Ordinance, and/or any other logically related County ordinance, or Rule of the
Board;
fA
18
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Agenda item No. 1,B
February 24, 2009
Page 310 of 420
(xx) Provisions for the reasonable time within which
the utility service granted in the Franchise shall be made available to the
customers of the utility, including a schedule of estimated dates by which each
utility service will be provided to customers; and that if no such service is
provided within the time prescribed, that the Franchise shall be automatically
void unless the Authority extends that time for good cause shown provided that
an application for such an extension of time is made before expiration of the "no
actual utility service" time prescribed in the Franchise. The grant of a time
extension will require additional conditions that the Authority deems appropriate
to assure the proviSion of adequate service within an additional reasonable time;
(xxi) Such modifications of any provision6 authorized
under the preceding paragraphs as may be necessary;
(xxii) That the system shall be approved by all
appropriate Governmental Agencies as to design, construction, operation,
capacity, maintenance, expansion, and otherwise;
(xxiii) That the Franchise may be amended at any Ume
upon mutual consent of the parties thereto; and
1>>
(xxiv) Additional provisions as are required from time-
to-time by Rule of the Board.
. ~
r-W
(xxv) Bulk Water Utility. A Franchise for a Bulk Water
Utility may provide that the service area may include all or part of a service area
of a County Franchised water Utility provided all provision of water in bulk within
that overlapping service area shall be only to that other Utility;
h. Claims of Exemotion from Reaulation. Each person
who or entity that claims an exemption from regulation (nonjurisdictional finding)
by the County through application of anyone or more of subparagraphs of
subsection 1-2 (z), (definition of "Utllity"), must f1Ie with the Authority an affidavit
sworn to upon personal knowledge and sIgned by the affiant, who must be an
authorized representative of the applicant. The affidavit must contain the name
of the Utility, its complete street and mailing address, and sufficient information
describing the Utility system upon which a determination as to the applicant's
asserted exempt status can be ascertained by the Authority, plus citation to the
specific subparagraph of subsection 1-2 (z), above, upon which the asserted
exemption is baseet. Such application for declaration of exemption may be
granted by Final Order of the Authority without any public hearing thereon, but if
a complaint is filed by any pelSon or entity with standing, the Authority may hold
a public hearing to consider and decide the merits of the application by FInal
Order. These minimum filing requirements for an exemption do not apply to any
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r'\genda ItE:~m No.1"/B
February 24, 2009
Page 311 of 420
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Governmental Agency; any Governmental A!Jency may ObtaIn a Declaration of
its claimed exemption by lelter request to the Authority,
SECTION 1-6.
REGULATION OF SMALL UTILITIES.
A. Any Utility that, in the respective last fiscal year, has actual annual
receipts of less than $75,000 from gros8 revenues from water sales. or less than
$75,000 from gross revenues from sales of sewer service, or $150,000 in gross
revenues from sales of both utility services, is referred to in this Ordinance as a
"small utility." Small Utilities are exempted from some requiremenl& of this
Ordinance as specified by Rule of the Board.
B. Except to the extent otherwise specified in the Board's Rules, each
Small utility shall be regulated in accordance with all provisions applicable to
other Utilities as provided in this Ordinance and/or Rules of the Board.
C. Except to the eldent otherwise specified by the Board's Rules,
supplemental Rules of the Board will apply to each Small Utility.
SECTION 1-6.
RATES_
~.
A. As used in this Ordinance, unless in the context a different intent is
clear, "Rates" always includes all "rates," "fees" and/or "charges. without
distinction, and which inclUdes all rates, fees and/or charges that are charged or
are planned by the Utility to be charged by the Utility to any of Its customers or
prospective customers, including service availability charges and connection
charges. Each Utility shall charge, collect, demand, or receive, directly or
indirectly, only those rates, fees, and charges that have been approved by an
Order of the Authority for the respective class of service. Within each
application for a rate increase the Utility must submit an affirmation under oath
by an authorized officer of the Utility that the figures and calculations upon which
the change in rates is based is accurate and that the change will not cause the
applicant to exceed its last authorized rate of return. For a test year and the pro
forma test year, The Utility must affirm under oath that the Utility is not and will
not earn in excess of ils last authorized rate of return by utilizing: (8) a schedule
of rate base conmencjng with the last authorized rate base and utilizing
Authority approved depreciation and amortization lives; (b) a schedule of
revenues using the last authorized revenues as the starting point; (c) a schedule
of expenses using the last authorized expenses as a starting point; and (d), a
calculated earned rate base of return based on provisions (a), (b), and (c),
herein. Upon a Final Rate Order for a rate proceeding affecting rate base. the
utility shall, within the Utility's then current fiscal year, adjust its books as
necessary to reflect the outcome of that proceecling. The Utility shall notify the
Executive Director of the Authority that required adjustments have been
completed to its books in accord with the Authority's final rate order.
.
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Agenda Item No. 178
February 24, 2009
Page 312 of 420
..
B.
Limited Proceedlnas.
1. Proceedings pursuant to Section 1-4(a) through (F), above,
(PSC approved rate tariffs for existing Utilities), and in subsection (F), below,
(New Class of Service), and in subsection (I) below, (Rate Index), and in
subsection (J), below, (Pass-throughs), and most other proceedings hereunder
are relatively summary proceedings that halle relatively limited minimum filing
requirements. Limited proceedings are for the Authority to consider and act
upon any matter within the Jurisdiction of the Authority under this Ordinance,
including any matter the resolution of which requires the utility to adjust its rates,
except full rate cases and staff assisted rate cases.
2. Ineligibility for a limited proceeding does not prevent a
qualifying utility from seeking a change in rates pursuant to a full rate case or a
staff assisted rate case.
Aj)
3. Notice of Limited Proceedinas to Customers. Following
approval by the Executille Director of the Authority, or the Authority, utility may
be required to provide notice to its customers of its limited proceeding
application. Notice of the Final Hearing will be required if the request is to
increase any rate or add a new class of service. Notice may be waived by the
Authority if the Utility's request is only to acquire permission to implement a
requirement of applicable state or federal law or regulation.
4. Prereauisites for eliaibilitv and minimum tilina reauirements.
Refer to the Rules of the Board.
5. Limited Proceedina Rate Increase: For a Utility with annual
gross receipts from service within the County in excess of $750,000, a requested
rate increase through a limited proceeding shall not include a pro forma revenue
requirement in excess of one hundred and ten percent (110%) of the test year
revenue requirement. For a Utility with annual gross revenues from within the
County of less than $750,000, the requested rate increase by means of a limited
proceeding shall not exceed $75.000.
6. If, within fifteen (15) months after the approval of the limited
proceeding, the Authority finds that the Utility exceeded the range of its last
authorized rate of retum after an adjustment in rates, as authorized by this
subsection, the Authority may order the Utility to refund, with interest, the
difference to the rate payers and to adjust its rates accordingly. This provision
shall not be construed to require a bond or corporate undertaking not otherwise
required by the Authority.
~
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)\osnd3 IlerYl i\Jo. 17B
.. February 24.2009
Page 313 of 420
.
C. A written application for any regulated rate, fee or charge or change,
or any charge to any of the same shall be submitted to the Authority along with
the full applicable application fee and applicable minimum filing requirements as
then required by Rules of the Board.
"
D. Each Utility's then current rates, fees, charges, and customer
service policies must be contained in tariff sheets approved by the Authority and
filed with the Authority.
E. A Utility may only collect those regulated rates, fees, and charges
that have been authorized by the Authority pursuant to this Ordinance by Order
of the Authority for the particular class of service involved. No change in any
rate schedule may be made without prior Authority approval.
..
F. Reauest for New Class of Service. If the Utility desires to implement
a new class of service not previously approved by the Authority, the utility may
provide to its customers that new class of service. The rates, fees. and/or
charges for same must be just, reasonable, reasonably compensatory, and not
unduly discriminatory based upon the costs to the Utility to provide each new
class of service. A schedule of such new rates, fees, and/or charges as fixed by
the Utility shall be filed with the Authority at least fourteen (14) days before any
such new class of service is furnished by the Utility. The Authority will
summarily approve such rates, fees. and charges as applied for unless the
Authority receives an objection thereto from any interested person, in which
event the Authority may hold a public hearing thereon. The minimum filing
requirements for a new class of service shall be the same as for rate indexing,
(
G. Oriainal Cost Rate Base.
1. Except as to the rate bases that were established by the
FPSC and were in effect at the time of granting the initial Franchise by the Board
to each then existing Utility, the Authority may determine the rate base for each
Utility, which rate base shall be used for rate-making purposes. The rate base
consists of the actual legitimate original cost of property used and useful in the
public service honestly and prudently incurred by the person first dedicating it to
the public service, less accrued depreciation, and less CIAC and other
contributed assets, net of amortization, plus allowance for required cash working
capital, but shall not include any value for goodwill or going-concern value_
Each Utility's rate base shall be retired by accumulated deferral and unamortized
income taxes and investment talC credits.
.
2. The Authority shall consider the investment of the Utility in
land acquired or facilities constructed or to be constructed in the public interest
within a reasonable time into the future, and unless extended by the Authority,
not to exceed twenty-four (24) months from the end of the historical test period
,.
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.Agenda Hem t'-lo. 178
February 24, 2009
Page 314 of 420
4
used to set those rates, and provided the Utility demonstrates its commitment
and ability to provide. complete, and bring those facilities on line within the
prescribed time period.
3. In establishing initial rates for a Utility, the Authority may
project the financial and operational data submitted by the Utility to a point in
time when the utility is expected to be providing utility service at a reasonable
capacity.
4. The Authority, in fixing rates, may determine the prudent cost
of providing service during the period of time the rate(s) will be in effect following
the entry of a Final Order of the Authority relating to the rate request from the
Utility, and may use such costs to determine the revenue requirements that will
allow the utility to earn a fair over-all rate of return on its rate base.
H. Contributions-in-Aid-of-Conslruction: (CIACI.
.~
1. The Utility shall not include any crAC in its rate base during
any rate proceeding and no accumulated depreciation on any CIAC shall be
used to reduce rate base. However, depreciation expenses on CIAC may be
accounted for by the Utility as an operating expense of providing utility service.
The Utility can charge fair and reasonable sums for such depreciation expenses,
but if it does so, the Utility shaft actually dep05it all such sums into a
depreciation reserve account, whereby it shall become cash CIAC. Cash CIAC
shall be expended only as specified below in subparagraph (2).
2. CIAC Cenital not to be Included in Rate Base. Except to the
extent reflected in the Utility's rales, fees, or charges resulting from expensed
deductions for reasonable depreciation on CIAC, no Utility may collect any sum
from any customer based upon any CIAC. If such sums were collected while the
Utility was under the juriSdiction of the FPSC and the total on hand exceeds
$5,000, all such sums shall be deposited by the Utility into a fully funded,
interest bearing CIAC reserve account established with a local financial
Institution. Such funds in that reserve account. including all interest accruing
thereon, may be used by the Utility without specific Authority approval only for
the following purposes; for replacing CIAC retired from servica at the end of its
useful life; also to finance improvements to CIAC assets necessitated by
advances in technology or government regulation; also to finance relocation of
CIAC necessitated by factors beyond the control of the Utility; also to pay the
proportionate share of income tax actually owed by the Utility attributable to the
revenue represented by those funds deposited in said CIAC reserve account.
All property replaced, constructed, improved or relocated with funds withdrawn
from the said CIAC reserve account shall thereafter be classified as CIAC to the
full extent of such expenditures. "Replaced" in this context means the
construction or installation of utility plant in place of retired property, together
..
23
]:e:ll j\lo. 'j-78
~~~r-~::,r~'.~4 ~?09
;-cage ..) I J ClJ .<::'D
.
with the removal of the property retired, in accordance wi1h the standards of the
National Association of Regulatory Utility Commissioners (N.A.R.U.C.).
3. The Authority may authorize the Utility to expend CIAC cash
funds for any other public service and/or CIAC contractual requirements of the
Utility, including taxes on the contributed funds, construction of new capital
assets, or for reimbursements or credits pro rata to the customers of the Utility.
.,
.
4. Annual Statement of Withdrawals. A detailed statement of
purpose of withdrawals by the Utility from said CIAC reserve account during
each fiscal year of the Utility shall be submitted to the County as a part of the
Utility's annual financial required by this Ordinance, along wUh a letter from the
Utility agreeing to reimburse that account for any amount withdrawn that the
Authority determines was not consistent with this subsection (H). If the Authority
does not make such a determination within one hundred and twenty (120) days
of the filing of the letter, the Utility is relieved from any further liability toward the
County with respect to such wi1hdrawals.
5. It shall be a violation of this Ordinance and of the Utility's
Franchise Certificate to expend monies from the CIAC reserve account for any
purpose not expressly authorized herein or otherwise authorized in advance by
the Authority. Any unauthorized expenditure of money from the CIAC reserve
account is a separate violation of this Ordinance and is grounds for revocation of
the Utility's Franchise.
(
6. CIAC Tax lmoact Escrow Account. Refer to the Rules of the
Board for utilities authority, to collect monies equal to the "impact tax" resulting
from the January 1, 1987 repeal of Section 118(b) of the Internal Revenue Code
of the United States.
I. Rate IndelCine.
.
1. On or before May 15 of each calendar year, the Authority
shall adopt a price index for water and wastewater Utilities, which price index
shall be equivalent to the price index established annually by the Florida Public
Service Commission (FPSC). The index shall be the price index used by all
Franchised Utilities until the Authority authorizes a change.
2. A Utility may not implement an index increase between the
official filing date of a rate proceeding and one (1) year thereafter unless the rate
case was withdrawn by the Utility. Pass-through expenses and expenses
disallowed or adjusted in the Utility's then most recent rate case proceeding
shall be excluded. .A. Utility may not use indexing to increase any operating
costs for which an adjustment has been or could be made as a pass-through, or
to Increase its rates by application of a price Index other than the price index
authorized by the Authority at the time of that filing_
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24
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Agenda Item No. 178
February 24,2009
Page 316 of 420
3. Procedures. Refer to the Rules of Ihe Board for the
procedures to implement rate changes by rate indexing.
4. If the Utility files its Annual Report on other than a calendar
year basis, to apply for a change in rates by application of the index, the Utility
shall file additional supplemental information to segregate expenses, revenues
and customer billing data on a calendar year basis. The source for this prQ rata
distribution shall be the Utility's Annual Report.
5. The maximum allowable increase resulting from the
application of the rate index shall be no greater than the rate index, The
provisions of this subparagraph do not prevent a Utility from seeking a change in
rates pursuant to a full rate case or a staff assisted rate case,
6. After Authority approval of an indexed rate increase, the
Utility shall notify each of its customers of the increase in each customer's next
rate billing Ihat is issued more than fifteen (15) days after that Authority
approval.
7. No Utility shall implement any rate change pursuant to
indexing unless it has filed with the County its current Annual Report and, if
applicable, Audited Financial Statement, as required by this Ordinance, and the
Utility is then current in the payment of its franchise administration fee.
8. If. within fifteen (15) months after the filing of an Annual
Report as required by this Ordinance, the Authority finds that the Utility
exceeded the range of its last authorized rate of return atter an indexed increase
in rates, implemented In the preceding year, the Authority may order the Utility to
refund the overcharge, with interest, to the rate payers and to adjust its rates
accordingly. This provision shall not require a bond or corporate undertaking
nol otherwise required by the Authority.
J. Pass-Throuah of Rate Increases or Decreases.
.
1. The approved rates of any Utility which receives all or any
portion of its utility service from a Govemmental Agency or from a water or
sewer Utility regulated by the County under this Ordinance, and which
redistributes that service to its utility customers, shall be automatically increased
or decreased without hearing, upon verified notice to the Authority at least thirty
(30) days prior to its implementation of the increase or decrease. that the rates
charged by the Governmental Agency or other supplying Utility have changed.
The approved rates of any Utility that are subject to an increase or decrease in
the rates that it is charged for electric power or the amount of ad valorem taxes
assessed against its used and useful property, or regulatory assessments, or the
imposition of any new change by a Governmental Agency other than a fine or
25
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Agenda Item I-.Jo. 17B
February 24,2009
Page 317 of 420
.
penalty, may be increased or decreased by the Utility, without formal action by
the Authority, upon verified notice from the Utility to the Authority at least thirty
(30) days prior to its implementation of the increase or decrease, that the rates
charged by the supplier of the electric power or the taxes or charges imposed by
the Governmental Agency have changed. The new rates shall reflect the
amount of the change of the ad valorem taxes and/or rates imposed upon the
Utility by t1le Governmental Agency, other utility, or supplier of power. The
approved rates of any Utility may be automatically increased, without hearing or
formal action by the Authority, upon verified notice to the Authority at least thirty
(30) days prior to implementation of the changes, that costs have been incurred
for water quality or wastewater quality testing required by the Department of
Environmental ProtectIon, the South Florida Water Management District, or
other Governmental Agency. The new rates shall reflect, on an amortized basis,
the cost of, or the amount of change in the cost of, required water quality or
wastewater quality testing performed by laboratories approved by the
Department of Environmental Protection or the South Florida Water
Management District. However, no new shall reflect any costs then already
included in the Utility's rates.
2. A Utility may not use pass-throughs to increase its rates as a
result of water quality or wastewater quality testing or an increase in the cost of
purchased water services, wastewater services, or electric power, or in assessed
ad valorem taxes, or regulatory assessments which increase was initiated more
than twelve (12) months before that filing by the Utility. The provisions of this
subsection do not prevent a Utility from seeking a change in rates pursuant to
other provisions of this Section, (Rates).
.
3. Before implementing a change in rates under this subsection,
the Utility shall file an affinnation under oath as to the accuracy of the figures
and calculations upon which the change in rates is based, stating that the
change will not cause the utility to exceed its last authorized rate of return, or if
no authorized rate of return exists, the actual averaged rate of return
experienced by that Utility for the twelve (12) month period convnencing not
more that fifteen (15) months prior to the filing.
4. If the adjustment in rates is based upon an increase or
decrease in the charges for purchased water, wastewater treatment, or electric
power, the verified notice shall include information required by Rule of the
Board.
.
5. The utility shall notify each customer of each such change in
rates and explain the reason(s) for such change. Such notice may be included
in the customer's next utility bill that is delivered more than fifteen (15) days after
illlllementation of such change.
26
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I\genda Item No. 17B
February 24, 2009
Page 318 of 420
6. If necessary for the Authority to determine issues of the
appropriate rate of return due to a change in rates under this subsection, the
Authority may require the Utility to file additional information.
7. The Authority may require the Utility to refund excess rates,
with interest, jf it Is determined by the Authority that the authorized rate of return
has been exceeded, and to adjust its rates accordingly.
8. A Utility may not adjust its rates pursuant to this subsection
more than two (2) times in any twelve (12) month period, without specific
authorization from the Authority.
9. The Official Date of Filing for the verified notice shall be at
least thirty (30) days before any of the new rates can be implemented.
10. No Utility shall il'11'lement any rate change pursuant to this
subsection unless it has filed with the Authority its current Annual Financial
Report and, if applicable, Audited Financial Statement as required by this
Ordinance, and the Utility is then current in the payment of its franchise
administration fee.
k)
11. Minimum Filina Reauirements. Before implementing any
change in rates under this subsection, the Utility shall file such minimum filing
requirements as then required by Rule of the Board, along with an affirmation
under oath as to the accuracy of the figures and calculations upon which the
change in rates is based, stating that the change (or changes) will not cause the
Utility to exceed the maximum of its last authorized rate of return. Whoever
makes a false stetement in the affirmation required hereunder, which statement
he does not believe to be true in regard to any material matter, may be subject to
prosecution for a misdemeanor, punishable as then provided by law.
12. If, within fifteen (15) months after the filing of an Annual
Report as required by this Ordinance, the Authority finds that the Utility
exceeded the range of its last authorized rate of return after an adjustment in
rates, as authorized by this subsection, implemented in the preceding year, the
Authority may order the Utility to refund the difference, with interest, to the rate
payers and to adjust its rates accordingly. This provision shall not be construed
to require a bond or corporate undertaking not otherwise required by the
Authority.
~
13. No adjustment in rates shall be implemented by the Utility
until approved by the Authority. The Authority shall approve or reject requested
pass-throughs within ninety (90) days from the Official Date of Filing. If the
Authority fails to approve or deny the reqvested pass-through within that time
27
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r- (::Yl:2ry ,.;..'" ~U:
r'a;;e .j '! ~j of '4 0
.
period, all pass-throughs applied for in that application shall be deemed to be
approved by the Authority.
14. A Utility may not adjust its rates under this subsection more
than two (2) times in any twelve (12) month period. Simultaneously filed
applications shall considered as one (1) rate adjustment.
K leveraae Formula - Rate of Return on EQuitv. The Authority may
regularly, not less often than once each year, establish a leverage formula or
fonmulas that reasonably reflect the range of returns on common equity for an
average water or sewer utility and which, for purposes of this section, shall be
used to calculate the last authorized rate of return on equity for any Utility which
otherwise would have no then established rate of return on equity. In any
proceeding in which an authorized rate of return on equity is to be set, a Utility,
in lieu of presenting evidence on Its rate of return on common equity, may
request that the Authority adopt the range of rates of return on common equity
that has been established under this subsection (I<).
l. Full Rate Cases. No Small Utilities need file any full rate cases.
.
1. Factors to be Considered. In every rate proceeding, the
Authority shall consider the value and quality of the service and the cost of
providing the service, which shall include, but not be limited to, debt interest, the
Utility's requirements for cash worKing capital, maintenance, depreciation, taxes
and operating expenses incurred in the operation of all property used and useful
in providing Utility service, plus a fair return on the investment of the Utility in
property used and useful in the public service. The Authority may consider the
rate history and experience of the Utility, revenues received and expenses
incurred through the operation of non-regulated services by the Utility when
those operations involve the use of Utility assets, and any co-mlrlgling of
revenues received or a sharing of expenses incurred by the Utility, the
consumption and load characteristics of the various classes of customers. and
public acceptance of the rate structures.
2. The Authority shall determine the reasonableness of rate
case expenses and shall disallow all rate case expenses determined by it to be
unreasonable. No rate case expense determined to be unreasonable shall be
paid by any customer. In determining the reasonable level of rate case expense,
the Authority shall consider the extent to which the Utility has utilized or failed to
utilize rate indexing and pass-throughs along with any other criteria as may be
established by Rules of the Board. Refer to the Board's Rules for minimum
Filing Requirements.
.
3. The Authority may withhold consent to the operation of any
rate request or any portion thereof by issuing its Order to that effect within ninety
28
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Agenda Item No. 17B
February 24, 2009
Page 320 of 420
...
(90) days after the Official Date of Filing of the rate request. The Order shall
state all reasons for the withholding of consent. The Authority shall provide a
copy of the Order to the Utility and all interested parsons who then have in
writing requested such written notice. Such consent shall not be withheld for a
period longer than eight (8) months following the official date of filing. Except for
staff assisted rate cases, limited proceedings, price indexing, and pass-
throughs, the new rates or all or any portion thereof not consented to may be
placed into effect by the Utility under a bond,.escrow. or corporate undertaking
subject to refund at the expiration of such period upon notice to the Authority,
and upon filing the appropriate tariffs. The Authority upon request of the
applicant shall determine whether the corporate undertaking may be filed in lieu
of the bond or escrow. The Utility shall keep accurate, detailed accounts of all
amounts received because of such rates becoming effective under bond,
escrow, or corporate undertaking subject to refund, specifying by whom and in
whose behalf such amounts were paid. In its Final Order relating to such rate
request, the Authority shall direct the Utility to refund, with interest at a fair rate
to be determined by the Authority in such manner as it may direct, such portion
of the increased rates which are found not to be justified and which are collected
during the period specified. The Authority shall provide by Order for the
disposition of any monies not refunded, but in no event shall such funds accrue
to the benefit of the Utility. Unless extended in the particular case for good
cause, the Authority shall take final action on the docket and issue its Final
Order within twelve (12) months of the Official Date of Filing.
.-jt
M. Not-for-croftt Corooration Rates. The rates, fees and charges for
every Public Utility owned and operated by a not-far-profit corporation or
association shall be determined and set by the Authority to provide funds which
with other funds available for such purposes, are sufficlent at all times to pay the
costs of maintaining, repairing and operating the system, including reserves for
such purposes, and for replacement of necessary assetS, and to pey the
principal or and interest on any bonds as the same may become due, and to
fund reserves, and to provide for making such payments.
N. COrnDlianoe witli Standards of Ooeration. The Authority may
condition the granting of new rates. charges, and fees of any franchisee upon
compliance by that franchisee with the standards of operation required pursuant
to the provision of this Ordinance and all other applicable state and federal laws.
O. Staff Assisted Rate Cases.
~
1. Staff assisted rate cases are intended to provide the small
utility with a means to obtain rate relief through staff-assistance and thereby try
to reduce rate case expenses of the Utility and its customers. These cases must
be initiated by letter request of the small Utility,
29
Acenda item N~. 178
~ February 24, 2009
Page 321 of420
.
2. The Utility, by requesting a staff assisted rate case, thereby
agrees to accept the final rates and charges as approved by the Authority unless
such final rates and charges actually produce less revenue than the previous
mix of rates and charges. The Utility may withdraw an application for a staff
assisted rate case at any time.
..,
3. Small Utilltv. To be considered for a staff assisted rate case,
the Utility must meet all of the following requirements unless specifically
modified by Rule of the Board:
a. For the Utility's then most recent annual report, annual
gross revenues may not exceed $75,000 for water or sewer service, or exceed
$150,000 for both water and sewer services.
b. Payment of all franchise administration fees must be
current.
c. All annual reports due to the County must be filed.
.
d. Unless waived by the Authority for good cause, all
minimum filing requirements must be fulfilled. Refer to the Rules of the Board for
those requirements.
e. Unless waived by the Authority for good cause, the
utility must pay at the time of the application a non-refundable filing fee equal to
one percent (1 %) of net irlcome earned by the Utility during the preceding twelve
(12) month test period, but not less than fifty dollars ($50.00).
(
f. The Executive Director of the Authority will schedule
the staff assisted rate case and notify the Utility of the schedule.
g. Staff assisted rate case applicants shall not implement
any rate change based upon failure of the Authority to make any final decision
on the Utility's application within any specified time period, such as eight (8)
months.
h. Initially, determinations of eligibility for staff assistance
will be conditional pending examinatiorl of the condition of the applicant Utility's
books and records. After an initial determination of eligibility, the Authority shall
examine the books and records of the Utility before making a final determination
of eligibility for staff assistance.
.
P. Rate Investiaations. On its own motion or on a written complaint
signed by a person applying for or receiving utility services from a Utility, or by
request of a Utility itself, the Authority may investigate to determine if the rates
I
,..
30
Agenda item No. 173
February 24, 2009
Page 322 of 420
.".
charged or collected by a Utility, or if the Utility's practices affecting the rates,
are unjust, unreasonable, discriminatory. or non-compensatory, or are in
violation of this Ordinance, or Rule of the Board. If it appears that any change
may be appropriate, the Authority hold a public hearing to determine just and
reasonable rates, fees, or practices to be charges thereafter. Public notice of
the public hearing shall by pUblished one (1) time in a newspaper of general
circulation in the County at least ten (10) days before the hearing. Notice of the
hearing shall be given to the Utility and to the complainant, if any, at least thirty
(30) days before the date of the hearing.
SECTION 1-6.
INTERIM RATES, PROCEDURE.
A. The Authority, during any proceeding for a Change of rates, upon its
own motion, or petition from any party, may issue an Order to authorize the
collection of interim rates until the effective date of the Final Order of the
Authority. Such interim rates may be based upon a test period different from the
test period used in the request for permanent rate relief. To establish a prima
facie entitlement for interim relief, the Authority, the petitioning party or the Utility
shall demonstrate that the Utility is earning outside the range of reasonableness
on rate of return.
~~
B. In authorizing an interim increase in rates, the
Authority shall authorize, within ninety (90) days of the filing for such relief, the
collection of rates sufficient to earn a rate of return at the minimum of the range
of the last authorized rate of return. The difference between the interim rates
and the previously authorized rates shall be collected under bond, escrow, letter
of credit, or corporate undertaking, and be subject to refund with Interest at an
interest rate ordered by the Authority.
C. In a proceeding for an interim decrease in rates, the
Authority shall authorize, within ninety (90) days of the filing for such relief, the
continued collection of the previously authorized rates. However, revenues
collected under those rates sufficient to reduce the achieved rate of return shall
be placed under bond, escrow, letter of credit, or corporate undertaking subject
to refund with interest at a rate ordered by the Authority
D. The Authority, upon written request and justification from the Utility
applicant, shall determine whether escrow, letter of credit, or corporate
undertaking may be filed in lieu of the bond.
.
...
E. In granting interim rate relief. the Authority, upon petition or upon its
own motion, may preclude the recovery of any extraordinary or imprudently
incurred expenditures or, for goOd cause shown, increase the amount of the
bond, escrow, letter of credit, or corporate undertaking.
31
j.\cencia item ['10. 173
~ February 24, 2ClC9
Pc1ge 323 Df 420
.
F. Any refund ordered by the Authority shall be calculated to reduce
the Utility's rate of return during the pendency of the proceeding to the same
level within the range of the newly authorized rate of return which is found fair
and reasonable on a prospective basis, but the refund shall not be in excess of
the amount of the revenues collected subject to refund and in accordance with
subsection (B), above. In addition, the Authority may require interest on the
refund at an interest rate established by the Authority.
G. In setting interim rates or setting revenues subject to
refund, the Authority shall determine the revenue deficiency or excess by
calculating the difference between the achieved rate of return of a Utility and its
required rate of return applied to an average investment rate base or an end-of-
period investment rate base.
H. For purposes of this Section:
1. "Achieved rate of retum" means the rate of return earned by
the Utility for the most recent twelve-month period. The achieved rate of return
shall be calculated by applying appropriate adjustments consistent with those
which were used in the most recent rate case of the Utility and annualizing any
rate changes occurring during such period.
.
2. "Required rate of return" shall be calculated as the weighted
average cost of capital for the most recent twelve-month period, using the last
authorized rate of return on equity of the utility, the current embedded cost of
fixed-rate capital, the actual cost of short-term debt, the actual cost of variable-
cost debt, and the actual cost of other sources of capital which were used in the
last rate case of the Utility or last proceeding where the Utility's rate base was
established.
3. In a proceeding for an interim increase, the term "last
authorized rate of return on equity", above, means the minimum of the range of
the last authorized rate of return on equity established in the most recent rate
case of the Utility, In a proceeding for an interim decrease, the term "last
authorized rate of return on equity", above, means the maximum of the range of
the last authorized rate of return on equity established in the most recent rate
case of the Utility.
I. Nothing in this Section shall be construed to prohibit the Authority
from authorizing interim rates for a Utility that does not then have an authorized
rate of return previously established by the Authority.
.
J_ Prior to the Authority issuing an Order to authorize the
collection of interim rates, the Authority may hold a public hearing to issue its
Order thereon.
32
....
("
fA
I
1
t
.
1
r\genda Item No. 17B
February 24,2009
Page 324 of 420
SECTION 1-7.
OFFICIAL DATE OF FILING.
Within thirty (30) days after receipt of an application, rate request, or other
written document for which an Official Date of Filing is to be established, the
Executive Director of the Authority or the Authority shall either determine an
Official Date of Filing or issue a statement of deficiencies to the applicant,
specifically listing why that application failed to meet the applicable minimum
filing requirements. Such statement of deficiencies shall be binding upon the
Authority to the extent that, once the deficiencies In the statement are satisfied,
the official date of filing shall be promptly established as provided herein.
Thereafter, within twenty (20) days after the applicant indicates to the Authority
that it believes that it has met the minimum filing requirements, the Authority or
its designee shall either determine the Official Date of Filing or issue another
statement of deficiencies. listing specifically why the minimum requirements
have not been met, in which case this procedure shall be repeated until the
applicant meets the minimum filing requirements and the Official Date of Filing is
finally established. When the Authority initiates a hearing, the official date of
filing shall be the date upon which the order initiating the hearing is issued.
SECTION 1.8.
MISCEL.LANEOUS PROVISIONS.
A. All Of the substantive criteria, requirements and provisions which the
Authority and the Board are required to follow in making any decision as
provided for under this Ordinance andlor Rules of the Board, whether or not
expressly stated in each such criteria, requirement, provision or Rule, as being
applicable to the Authority andlor the Board, shalt be binding upon the Authority
and the Board in making and issuing decisions and orders on alt matters. If the
issue is not covered by any such criteria, requirement, provision or Rule, refer to
the Rules of the FPSC as then published in the Florida Administrative Code.
B. All references in this Ordinance to Florida Statutes and Rules in the
Florida Administrative Code shall automatically include all amendments to all of
same without inserting any such changed reference into this Ordinance or in the
Rules ofthe Board.
C. Customer Deoosits and Interest Thereon. If a Utility requires a
deposit from its customers, it shall, at least once each year, credit to each
respective customer account, pro rata all interest accrued on the principal. Such
accrued and unpaid interest shall be credited or paid to the customer when the
customer discontinues that account.
D. No public hearing is required to decide a case or issue, unless a
public hearing is specifically required by this Ordinance.
33
"~
L\gsnda Item [\10. 178
FebiL;ary :24, ::':009
?EJD8 ~~:25 of 420
.
E. The minutes and transcript of the hearing and any relevant material
submitted at or before the hearing shall be considered as part of the record of
the application and any proceeding directly related thereto.
F. Extensions of reauired time Deriods. Unless prohibited by law, the
Authority, for good cause, may grant extensions to time periods specified in this
Ordinance or in Rules of the Board.
G. Matters of orocedure not soecificallv provided for. The County may
refer to all Procedural Rules of the FPSC (that relate to water and wastewater
utilities) for guidance on how to determine an issue of procedure that is not
specified in this Ordinance, by Rule of the Board, or by Rule of the Authority.
The FPSC Procedural Rules now consist of Chapter 25-22, Florida
Administrative Code (FAC.).
.
H. Substantive Matters not soeciflC811v provided for. The County may
refer to the FPSC Rules for Water and Wastewater (currently Chapter 25-30,
FAC.) for guidance as needed, Except to the extent specified otherwise in this
Ordinance, Rule of the Board, or Rule of the Authority, the County shall
endeavor to treat an issue the same as the FPSC would then treat that issue.
Orders of the FPSC are not binding on the County, but may be considered by
the County and will be followed unless it is decided that the FPSC's policy of the
respective issue is not in the public interest for the County. No rule of the FPSC
shall per se grant to any person or entity any procedural or substantive right or
privilege not granted in this Ordinance, Rule of the Board, or Rule of the
Authority, or require any duty or obligation not required or authorized to be
required by this Ordinance, Rule of the Board, or Rule of the Authority.
\. The Board, through its Rules, may provide for Applications for Funds
Prudently Invested (AFPI) Charges, for Declaratory Statements, and for any
other procedures not otherwise provided for in this Ordinance. The Board may
incorporate Rules of the FPSC by specific reference thereto.
SECTION 1-9.
CHARGES FOR SERVICE AVAilABILITY.
.
A. No Utility shall create or give an undue or unreasonable preference
or advantage to any person or locality, or subject any person or locality to any
undue or unreasonable prejudice or disadvantage in any respect.
B. If the furnishing of service by a Utility requires the extension of or
addition to its existing facilities, the Utility may require the applicant for such
service to pay reasonable sums for service availability or reasonable deposits
guaranteeing compensatory revenues from the service territory to be served, or
reasonable contributlons-in-aid-of-construction to help defray the costs of
facilities whiCh will be used and useful in furnishing that service, or reasonable
34
..,
(
".
J
f\genda 118m No. 17B
February 24, 2009
Page 326 of 420
construction or other advances evidenced by refundable or non-refundable
agreement(s), or any combination thereof, as a condition precedent to fumishing
that utility service. The Authority, upon request or upon its own motion, may
investigate service agreements or proposals for charges and conditions for
service availability. Each Franchisee must, upon request of the Authority,
provide a copy of any such agreement requested at no cost to the County.
C, The Authority may set or approve just and reasonable charges and
conditions for service availability. The Board, by Rule, may set standards for
and ievels of service availability charges and service availability conditions.
Such charges and conditions shall be just and reasonable.
seCTION 1-10.
UTILITY SERVIce.
II
A. Each Utility, within a reasonable time, shall provide service to the
territory described in its Franchise Certificate. If the Authority finds that a Utility
has failed to provide timely service to any persons reasonably entitled thereto, or
finds that extension of that service to any such person can be accol1l>lished only
at an unreasonable cost and that transfer of the subject territory to another Utility
is reasonable, and feasible, it may issue a Final Order to amend the Franchise
Certificate to delete the territory not being served or not being properly served
by the Utility, If utility service has not been provided to any part of the territory
which a Utility is authorized to serve, whether or not there has been a demand
for such service, within five (5) years after the date of the County's first
authorization for such service to such part of the territory, the Authority may
issue a Final Order to amend or revoke such authorization for service, including
deletion of that territory from the certificated area of the Utility.
.
B. Each Utility shall provide to each person reasonably entitled thereto
such safe, efficient, and sufficient utility service as is prescribed by the Florida
Safe Drinking Water Act currently (F.S. Subsection 403.850, et seq,) and the
Florida Air and Water Pollution Control Act currently (F.S. Subsection 403.011,
et seq.) and/or rules adopted pursuant thereto, or, if applicable, Chapters 17-
550, 17-555,17-560 or DHRS Chapter 1004, Florida Administrative Code, or the
successor in function of each; also such service shall not be less safe, less
efficient, or less sufficient than is consistent with the approved engineering
design of the particular system and the reasonable and proper operation of the
Utility in the public interest. If the Authority finds that a Utility has failed to
provide its customers with water that meets the standards promulgated by the
Department of Environmental Protection or the South Florida Water
Management District, the Authority may issue a Preliminary Order to reduce the
Utility's retum on. equity until such time as the standards are met. Such a
procedure shall not affect any other possible remedy under this Ordinance or by
law.
35
itS:Tl ~~o. 173
Fs\b~uary 24. 2009
Pa~je 327 of 420
.
C. No Franchisee for a water system and/or a seWerage system in the
same service area shall provide installations, pipes, lines and laterals for both
systems so that one system shall be extended without the other system being
extended at the same time, unless justification for such extension is approved by
the Authority.
'-'
.
D. Collier County Water and Sewer Utility Imoact Fee Reauirement.
No franchisee that is then receiving water supplied by the Collier County Water
and Sewer Utility System shall sell such water or provide water or sewer
hookups to any customer unless the customer provides evidence to the
Franchisee that all applicable building permits required by Collier County have
been issued and all required Collier County water and/or sewer impact fees
have been paid to Collier County for all structure and sites for which water or
sewer service is requested. Where applicable permits have not been issued
and/or required fees have not been paid to the County, no Franchisee receiving
water from the Collier County Water and Sewer Utility System shall enter into an
agreement 10 sell water or provide water and/or sewer hookups to a customer at
a future date, except as a party to a development agreement with the customer
and Collier County which complies with the provisions of Section 163.3220
through 163.3243, Florida Statutes, or any and all successor paragraphs in
function. Any other form of agreement or understanding shall be void and
unenforceable to the extent that it purports to conmit to the sale by such
Franchisee of water, water hookups, sewer hookups. or EDU's of water or sewer
capacity in the Mure.
(
SECTION 1-11.
SERVICE FOR RESALE.
The Authority may issue a Preliminary Order to require a Utility to provide
service for resale or to modify or discontinue service for resale. However, before
requiring the provision of such service, the Authority shall first find that the Utility
is financially able to make such additional investment as is required without
impairing its capacity to serve its existing customers and its committed to future
customers. This determination shall be made according to the Board's Rules.
Any Utility which provides service for resale shall provide such service upon
terms and conditions established by the Authority, and no Utility shall
discontinue such any such service without approval from the Authority. In the
event a Governmental Agency voluntarily enters into an agreement for resale,
such agreement shall provide that such service llllill not be discontinued without
ninety (90) days advance notice being given to the purchaser prior to
discontinuing such service. Nothing contained herein shall be construed to
prohibit any Govemmental Agency from requiring adequate security be given to
such Governmental Agency to ensure payments required in the respective
agreement.
.
SECTION 1-12.
REGULATORY FEES.
".
36
1
Agenda Item No. 17B
February 24, 2009
Page 328 of 420
A.
Only the Board may establish and amend regulatory fees.
B. First Installment of Reaulatorv Fee. Each Utility holding a Certificate
from the Florida Public Service Coomission (FPSC) as of the effective date of
this Ordinance, shall pay a transitional regulatory fee to the Authority in an
amount equal to the amount of regulatory assessment fee which would have
been paid by the Utility to the FPSC for that calendar quarter as if that Utility
were still under the FPSC's Chapter 367, Florida Statutes, jurisdiction. That
initial fee shall be paid to the County not later than the date that such fee would
have been paid quarterly to the FPSC as if that Utility were then still regulated
by the FPSC.
~
C. In addition to the said transitional regulatory fee as denoted above,
each Utility shall pay a regUlatory fee to the Authority in quarterly installments.
Notwithstanding the transition, there will be no time period for which this fee is
not applicable. The quarterly installment must be paid within thirty (30) days
after the end of the next consecutive fiscal quarter of the Utility. Each quarterly
installment must be paid within thirty (30) days of the end of each fiscal quarter
of the Utility. With each payment, the Utility shall file with the Chairman of the
Authority, a Statement of Gross Receipts for the applicable quarter, sworn to by
an authorized financial officer of the Utility.
.
At
D. After payment of the initial quarter's regulatory fees, the regulatory
fee shall be four and one-half percent (4.5 %) of the Utility's gross revenues,
derived from the Utility's gross receipts billed within the County for the then last
twelve (12) months. Such percentage shall continue until changed by Rule of
the Board. Commencing at the beginning of the Utility's second calendar
quarter, each Utility that held a Certificates from the FPSC shall decrease its
rates pro rata to eliminate the difference between the regulatory fee the Utility
was required to pay to the FPSC and the regulatory fee the Utility must pay to
the County.
E. The amount of the regulatory fee shall be determined by the Board
from time-to-time after public hearing thereon, but shall never become effective
earlier than sixty (60) days after adoption of each such implementing Resolution.
The fee shall be charged pro rata to the Utility's customers and each Utility may
add to Its customer invoices a separate line item for the then applicable
regulatory fee to be paid to the County.
F. The regulatory fees are to be used to pay for the ongoing costs of
supervising and regulating Utilities In the County and enforcing and
admini&tering this Ordinance, induding the County's costs for any court
appointed receivers, and for operation, maintenance andfor repair to abandoned
Franchised Utilities, which may include extraordinary repairs to protect the
37
A:lenda It::::m No. 1-i'B
~ F8!xuary 24, 2009
Flage 329 of 420
.
health, safety and welfare of the general publiC. Extraordinary repairs are those
that are neither typical nor customary and which occur infrequently, and payment
of which shall require Authority approval.
~
G. To account for the time lag between billing and receipt of revenues
from its customers, the gross revenues received by the Utility during the first
three (3) months of the then last four (4) months shall be the sum used to
calculate the regulatory fee to be paid to the County in that respective quarter.
However, whenever a sale at wholesale is made of any water or wastewater
service, this regulatory fee is not to be paid or payable on such revenues
received by the selling Utility provided the Utility purchasing such water or
wastewater service resells the same at retail directly to customers, whereupon
such fee will be paid based upon those gross receipts by the end-use Utility.
Also, revenues derived from the retail $ale of water or wastewater service to
Governmental Agencies need not be included in determining the amount of such
fee. Each Utility that derives fifty percent (50%) or more of its revenues from the
unincorporated area of the County, and which is subject to the provisions of this
Ordinance as they relate to the Rates charged in the unincorporated areas, shall
pay the regulatory fee as provided herein. The fee shan be the gross revenues
received from the Utility's customers residing in the unincorporated area of the
County.
.
H. Each Franchisee that fails to promptly submit to the County all
required fees and accurate Statement of Gross Receipts within the prescribed
period shall pay to the County a late regulatory fee charge of one percent (1%)
of the delinquent fee per month, or fraction of a month.
(
I. All fees, including regulatory fees, collected by the County from
Utilities pursuant to this Ordinance shall be placed in a separate trust account
(called the "Utility Fee Trust Accounf') and such fund$ shall at all times remain
separate and distinct from other County Funds unless and until the subject
regulation of Utilities shall be by an entity other then the County, and in such
event regulatory fees remaining after paying all expenses of termination of the
Authority $hall be refunded, with any interest accrued thereon, pro rata to each
then regulated Utility. All such funds at the end of each fiscal year of the County
shall automatically become the beginning balance for the succeeding fiscal year.
SECTION 1-13.
APPLICATION FEES,
.
AcDlication Fees. Only the Board may establish or amend Application
fees. Application fees shall be establi6hed by, and may be amended from time-
to-time, by resolution of the Board after publiC hearing. Any application filed by
a Utility shall be accompanied by the applicable application fee. Such fees may
be based upon the existing or proposed capacity of the Utility system, including
,..
36
1
Agenda Item No. >,7B
February 24,2009
Page 330 of 420
proposed additions thereto or planned reductions therefrom in the Utility's then
next fiscal year.
SECTION 1.14.
ANNUAL FINANCIAL REPORTING REQUIREMENT.
~
A. Each Utility shall annually, within one hundred and twenty (120)
days of the close of its fiscal year, file with the Authority a Financial Report of its
operation in Collier County during the fiscal year_ Such report shall be sworn to
by the financial officer of the Utility. Any end-of-fiscal-year adjustments in the
total regulatory fee paid to the County >:luring the fiscal year then being reported
shall be paid concurrently with submission of the annual report, or where an
annual report correctly shows that overpayments of regulatory fees had been
paid by the Utility during the fiscal year being reported, a Final Order allowing
credit for the amount of those overpayments shall be issued by the Authority for
the next fiscal year provided the Utility is not then delinquent in the payment of
any other monies owed to the County.
B. If a Utility provides utility service in Collier County through a
subsidiary or separate operating division of a parent corporation which does
business in any location other than Collier County, the annual financial report
and an Audited Financial Statement required by this Section shall be provided
by the Utility in such form as to clearly reveal the financial details of the Collier
County operations separated from all other operational units of the parent
corporation.
c. If the Utility has an outstanding loan that is secured by utility assets,
the Utility must describe in its annual financial report the status of the loan and
the status of the utility improvement being paid for by suen borrowed funds.
D. Eaen Franchisee that fails to promptly submit to the County all
required fees and its accurate annual financial report within the prescribed time
shall pay to the County a late charge of one percent (1%) of the delinquent fee
per month. or fraction thereof.
SECTION 1-16.
NOTICE OF PUBLIC HEARINGS.
A Notice of Publfc Hearlno before the Authoritv.
1. A notice of each public hearings before Authority shall
contain the name of the applicant, an accurate description of the purposes of the
hearing, and the date and time of the hearing before the Authorlly.
.
1
2. If the public hearing of the Authority is for the purpose of the
making its Final Decision on a rate increase, the affected Utility shall mail a
notice to eaen of its customers by regular mail or placed in its regular bills, but
39
.
.
.
Agenda Item No. 17B
February 24, 2009
Page 331 of 420
such posted notices must be received by the utility's customers at least ten (10)
days before the date of that scheduled hearing.
3. If the notice is for a public hearing on a matter initiated by the
Authority, suCh notice shall be served by certified mail, return receipt requested,
on 1he affected Utility at least twenty (20) days before the first day of 1he public
hearing and shall be published one (1) time in a newspaper of general
circulation in Collier County at least ten (10) days before'the first day of the
public hearing.
4, Notice for hearinQl on 8Pr>Jicatlons for Urnlted Proceedings,need
be delivered to persons who have' in writingdel~rect!o the ~ve
Director of tority reqU8lited such notice., .Noti/l(Hegalding~ Uniited
Prol:e~dings. is' reql,!l~ only a",r 1he Ail!hority has al4horlzed !hat the t.ii\\ited
Proceeding is. approp.iate IIIld haS, establish8d theminimurn llllngrequl~nts
for Ihe respective Umited Proceeding. .,
B. Notice of Public HearinG before the Board. A notice of public
hearin before1he BOard shall be IIIen:ss follows;
g., . 9,
1. TIle notice. shall cori\llin.the n!!lrrie,ot,~!lPPliC!1nt; .an
aocurate descri tioh Cot the_ of the heslin 'aM the' cfate of trJe . ubllC .
hearing before. . ~~, ~. oald, purp . ,', . g'd :" p
. .... ',- ",', -'-,'':J,'--.
2.
consideration
maii. '. h, .
h.;""
\ne'
gener8J
hearing.
..
.- ,:'
.
J.
, ---, ,
8Ecr!QM1-18. CONDUCr OF PUBLIc HEARINGS. h
.H ,.,_,..n 'iu. 'u "," u "uu'" ""u,'A';':;u,'"
v'!'
40
"Jpr<>
--
Aaenda Item No. 17B
- February 24, 2009
Page 332 of 420
..,.
usually be the presiding officer during hearings before the Authority as a body.
In the Chairman's absence, the Vice-Chairman shall be the Presiding Officer.
C. Each matter before the Authority shall be presented by the party
who initiated the matter or that person's designated representative. All parties to
the matter shall be provided an opportunity to appear and present evidence,
cross examine witnesses, and present argument on each matter.
D. Parties. Parties to a hearing include the applicant, County staff, and
non-County employees, if any, retained by the County to represent the County at
the hearing; and intervenors.
Each party shall be entitled to receive copies of all pleadings, motions, notices,
orders, and all other matters filed in the proceeding unless exempt from such
disclosure by Florida Statute, by administrative rule of the Florida Administrative
Code, or any other controlling law, rule or regulation. If such matters are them
exempt from public disclosure as if before the FPSC, such matters shall have a
like exemption regarding the County. The County staff may participate as a
party in each proceeding. The County staff's primary duty is to see that all
relevant facts and issues are brought to the attention of the hearing examiner,
the Authority, and/or the Board.
E. Filina. Service of Documents, and ComDutation of Time.
. Refer to Rules of the Board.
F. Initial Dleadinas. The initial pleading shall be either an application
or other filing by a Utility, or by person with standing in the matler, by Resolution
of the Board, or by Resolution of the Authority.
G. Pleadinas. Pleadings shall substantially conform to the Florida
Rules of Civil Procedure as to content, form, size, signatures, and certifications,
ancJ shall be served upon all parties. The original and seven (7) copies of all
pleadings shall be submitted to the ExecutIve Director of the Authority, except
application for any rate change, which shall require an original and ten (10)
copies. In specific cases the Executive Director of the Authority may require the
applicant to submit additional copies.
H. Prehearina Statements. The Presiding Officer may issue an order to
require the filing of prehearing statements. Refer to the Rules' of the Board.
At-
I. Informal Conferences. The Presiding Officer may require the parties
to hold such conferences, exchange such information, and submit such papers
as may aid in the organization of the proceeding and efficient disposition of the
matter or part thereof. The Presiding Officer may participate in such informal
conferences as appropriate.
41
/\oenda It':::rJl NO.1 i"B
~. February 24: 2009
Pc"tge 333 of 420
.
J. Prehearing Notice. Upon seven (7) days written notice to the
parties, one or more rehearings may be conducted for the purpose of hearing
arguments on pending motions, clarifying or simplifying Issues, discussing
possibility of settlement of issues or the entire matter, examining documents and
exhibits, exchanging names and addresses, and otherwise attempting to resolve
the matter.
K. Prehearino Orders. The Presiding Officer may issue prehearing
orders. Refer to the Rules of the Board.
L. Discoverv. Parties may obtain discovery through the means and in
the manner provided in Rules 1.280 through 1.400, Florida Rules of Civil
Procedure (FRCP). The Presiding Officer may Issue appropriate orders to
effectuate the purposes of discovery and to prevent delay and unnecessary
expenses, and may impose appropriate sanctions under rule 1.380, FRCP, other
than contempt or award any expen5es or damages. Sanctions may include
dismissal of the entire proceeding.
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M. Testimonv and Evidence. All testimony at a hearing shall be under
oath and shall be recorded. Formal rules of evidence shall not apply, but
fundamental due process shall be observed and shall govern the proceedings.
All witnesses who testify shall be subject to cross-examination.
N. Hearing Before the Authority on Matter Referred bv Hearing
Examiner, At any hearing before the Authority for the consideration of any order
of a hearing examlner, the Authority shall consider the record of the proceedings
before the hearing examiner, and the legal arguments of the affectad utility, any
party, and of staff. No order of the Hearing Examiner shall be binding on the
Authority, but the Authority shall rely on the findings of fact found by the hearing
examiner unless the Authority determines from a review of the record that each
unaccepted finding of fact was not based upon competent substantial evidence
or that the proceedings on which the findings of fact were based did not comply
with the essential requirements of law. The Authority may not reject the hearing
examiners conclusions of law. If the Authority upon review of the record
determines that a finding of fact by the hearing examiner cannot be relied upon
by the Authority and the Authority determines it may be useful to hear testimony
on that issue. the Authority may hear such testimony as may be deemed by the
Authority necessary or helpful to determine the issue.
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O. Public Hearing Before the Authority With No Hearina Examiner. At
the conclusion of hearing conducted by the Authority without a hearing
examiner. or as soon thereafter as practicable, the Authority shall issue its
findings of fact based on the evidence of record, and its conclusions of law, and
shall issue an Order to afford the proper disposition of the matter consistent with
this Ordinance.
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P. VotinQ Quorum. Decisions of the Authority shall be by motion
approved by a majority of those members present and voting, except that at least
three (3) members of the Authority must vote in order for the final agency action
of the Authority to be official, except to continue a meeting or hearing due to lack
of quorum. If the matter is to be determined by review of any order of a hearing
examiner, the Authority may affirm all findings and all recommendations of the
hearing examiner, or may modify same, subject to the restrictions of subsection
N., above.
Q. Public Hearino. Definition: Most hearing are not "pubiic hearings."
A "public hearing" is an evidentiary hearing where evidence is to be presented
and/or witnesses, if any, are to be cross examined, andlor where interested
persons have a legal right to be heard. If no /learing is required, action may be
taken on the matter by consent agenda.
R. Consolidation. Consolidation of proceedings is appropriate if there
are separate matters before the respective hearing which involve similar issues
of fact or law, or identical parties. Any party to a proceeding may request that it
be consolidated with other proceedings. The Hearing Examiner, the Authority,
or the Board. may on their own mottion, order separate proceedings to be
consolidated.
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S. Procedure. aenerallv. Generally, the Florida Rules of Civil
Procedure shall govern the proceedings before the hearing examiner, the
Authority, or the Board, except that the provisions of this Ordinance and/or the
Rules of the Board supersede the FRCP where any conflict arises between any
of them. If there should be a conflict between this Ordinance and a Rule of the
Board, the Ordinance shall prevail if allowed by faw.
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T. Intervention. Except for pass-throughs, indexing, staff assisted rate
cases, and transfers to governmental agencies, persons, other than the original
parties who can demonstrate a substantial interest in the proceeding and who
desire to become party may petition the Presiding Officer for leave to intervene.
Each petition must be received by the Executive Director of the Authority at least
five (5) work days prior to commencement of the next scheduled hearing date
and must include allegations sufficient to demonstrate that the Intervenor is
entitled to participate in the matter as a matter of law_ Interventions may be
allowed at any time into the specific proceeding, but all intervenors shall take the
matter as they then find it. Intervention shall never be allowed jf the intervention
would unduly prejudice any party if the intervenor could have entered into the
proceeding at an earlier date. The Executive Director of the Authority shall
forward the petition to the respective Presiding Officer.
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L,oenda Iten) No. 178
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U. Public Counsel. There shall be no representation similar to a "public
counsel" unless same is provided by and paid for by a party to the proceeding
other than the County.
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V. Hearina Examiners.
1. Attornev-at-Iaw. Each hearing examiner shall be an attorney-
at-law licensed to practice law in Florida and who has experience in the subject
matter of the proceeding.
2. The Authority may advertise for and select a poll of hearing
examiner candidates from which the County Administrator shall select up to six
(6) individuals to be on call to selVe as hearing examiners for the Board or the
Authority. Appointments may be made for a specific matter, or for a specific
period of time up to three (3) years. Each hearing examiner may be reappointed
or not at the discretion of the County Admlnistrator. There Shall be no limit to the
number of reappointments that may be given to any individual hearing examiner.
The Board retains authority to remove any hearing examiner appointed by the
County Administrator with or without cause, but no hearing examiner may be
removed by anyone while the hearing examlner is involved in a matter except by
order of a judge. Appointments to fill vacancies in fixed term appointments may
be for the remainder of the unexpired term or for a longer term up to a total of
three (3) years.
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3. No hearing examiner may be an employee of Collier County.
No hearing examiner shall have any conflict of interest in any matter. Hearing
examiners shall be compensated at a rate not to exceed the rate then
established by Authority and approved by the County Administrator. Hearing
examiners shall be reimbursed for such travel, mileage and per diem expenses
as may be authorized by the County and by law. Detailed invoices from each
hearing examiner for costs and fees must be submitted not less often than
bimonthly to the Executive Director of the Authority for review and approval.
4. Approved costs and fees for each hearing examiner shall be
paid out of the Utility Fee Trust Account provided sufficient funds are available
therein.
5. The assignment of a hearing examiner to a matter should be
a early as possible, and shOUld never be later than by 5:00 P.M. on the
publication date of notice of the first day of the respective hearing.
6. if a hearing examiner becomes unavailable after assignment
to a matter, he/she shall as soon as possible notify that unavailability to the
Executive Director of the Authority or the Chairman of the Authority.
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,b,genda Item No. 178
February 24, 2009
Page 336 of 420
7. Additional matters regarding hearing examiners or other
Presiding Officers may be specified in the Rules of the Board.
W. ExPert Witnesses. Subr>oenas. Recordation. Due Process
Protection. Evidence. Post-Hearino Procedures. Motions for Reconsideration.
Stav Pendina Judicial Review. and Receivers. Refer to the Rules of the Board.
X. Continuances. The Presiding Officer may grant a continuance
of a hearing for good cause shown or upon stipulation of all parties. Requests
for a continuance shall be made in writing or upon oral motion at hearing.
Except in cases of emergency, requests for continuance must be made at least
five (5) days prior to the date noticed for the start of the hearing.
Y. Dismissals. Refer to the Rules of the Board.
SECTION 1-17.
THE
BOARD APPROVAL OF PRELIMINARY ORDERS OF
AUTHORITY.
A. In order for a Preliminary Order of the Authority to be effective, it
must be approved by an order or resolution Issued by the Board, with or without
modifications, at any regular or special meeting of the Board.
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B. Any party, including an individual customer of a Utility, who is
dissatisfied with any Preliminary Order of the Authority may object to possible
approval of such order by the Board by filing with the Clerk of the Board a written
notice of objection within ten (10) days of issuance of the Preliminary Order of
the Authority. Upon the filing of such notice, the Board may set a public heanng
to consider that Preliminary Order, may review any record from the proceedings
before the Authority, and/or hear legal arguments related to that Preliminary
Order. Based upon such information, the Board shall decide whether to
approve, amend and approve, reverse the Preliminary Order, remand the matter
back to the Authority or to a hearing examiner, or take other action as the Board
deems appropriate.
C. In the event a notice of objection is not filed within ten (10) days of
issuance of a Preliminary Order of the Authority, the Board may confirm such
order without a nearing, whereupon the Preliminary Order shall take effect as
specified by the Board. Unless otherwise specified, the order shall become fully
effective upon approval by the Board.
D. In the event a notice of objection is not filed by any party within ten
(10) days of issuance of the Preliminary Order, any member of the Board may
nevertheless object to full approval or approval of any provision thereof.
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February 24. 2009
Page 337 of 420
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E. Final Order of the Authoritv. A Final Order of the Authority shall
take effect upon as directed by the Authority without any confirmation by the
Board.
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F. Public Hearina before the Board. Each public hearing before the
Board shall be conducted as follows:
1. A hearing may be called by a majority vote of the Board.
Minutes shall be kept of all hearings and all hearings and proceedings shall be
open to the public.
2. Each case before the Board shall be presented by the party
who initiated the hearing. All parties shall be provided an opportunity to appear
and present argument on such case. Except In exceptional cases and for good
cause, the Board will not hear testimony from witnesses, but will hear argument
from attorneys or other authorized representatives of the parties.
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3. At any public hearing before the Board for the consideration
of a Preliminary Order, the Board may consider the record of the proceedings
before the Authority and the legal arguments of the affected utility, any party,
and of staff. No Preliminary Order of the Authority shall be binding on the Board.
The Board may rely on the findings of fact found by the Authority unless the
Board determines that the specifiC finding of fact was not based upon cof11)etent
substantial evidence or that the proceedings on which the findings were based
did not comply with the essential requirements of law. If the Board determines
that any unaccepted finding of fact cannot be relied upon by the Board, or the
Board determines it may be useful to have additional brief testimony in the
matter, then the Board may hear such brief testimony or refer the matter to a
hearing examiner or back to the Authority to establish such additional record
evidence.
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4. All testimony shall be under oath and shall be recorded.
Formal rules of evidence shall not apply, but fundamental due process shall be
observed and shall govern the proceedings. All witnesses who testify shall be
subject to cross-examination.
G. An order of the Board shall be issued in each matter as soon as
practicable, but, except for extensions by the Board for good cause, not later
than the applicable time limitations provided under this Ordinance or by the
Rules of the Board.
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SECTION 1-18.
POWERS OF THE BOARD.
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In addition to its power and authority as otherwise specified elsewhere in
this Ordinance, the Board has the following powers:
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!\(jenda Item !'Jo. 178
~f:ebruar\l 24, 2009
Page 338 of 420
1. Board Intervention. If the Board finds that the rates, fees, charges,
measurements. practices, or contracts of a Utility are unjust, unreasonable,
insufficient, discriminatory, or otherwise in violation of this Ordinance, or of the
Utility's Franchise, rules and regulations; or if an exemption from regulation
under this Ordinance was granted based on any false information supplied to the
County by the applicant for that exemption, the Board may order such measures
as it deems necessary. Such measures include requirement by the person to
apply to the County for a Franchise Certificate, or to set fair and reasonable
rates, fees, charges, rate classes, and/or customer classifications; to change the
Utility's rules and regulations; to require repairs, improvements, extensions
and/or additions to the plant and/or equipment of the Utility as are deemed
necessary to promote the health, safety or welfare of the public served and
committed to be served by that Utility; also to secure adequate service or
facilities for those reasonably entitled thereto. The Board, for good cause, may
intervene into any proceeding of the Authority at any time. The Board may in an
emergency summarily take any matter away from the Authority and assume
jurisdiction over the matter.
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2. To issue a Final Order approving, modifying, denying, revoking or
authorizing transfer of a Franchise Certificate;
3. To employ and fix the compensation for Hearing Examiners, andlor
such technical, legal and clerical employees as it deems necessary;
4. In respect to the conduct of its hearings pursuant to this Ordinance:
a. To adopt rules by Resolution for the conduct of its
hearings under this Ordinance; and
b. To take testimony under oath;
5. By Resolution, to adopt and amend rules appropriate for the
administration and enforcement of this Ordinance;
6. To, by other ordinance of the County, prescribe and enforce rules
and regulations for the protection of the health, safety and welfare of the citizens
of Collier County, Florida, including but not limited 10 water quality, quantity and
pressure, fire protection, disaster preparedness, and wastewater collection,
treatment and disposal;
At-
7. To construct, operate and maintain publicly owned water and sewer
utilities, and enter into agreements with other govemmental agencies, other
utilities, and other legal entities and individuals, for all legal purposes oonnected
with such construction, operation, or maintenance, including and not limited to
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Agenda iLem ~~o. 178
February 24,2009
Page 339 of 420
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agreements with Utility Franchisees for the reservation of specific quantities of
water supply, water and/or sewerage treatment capacity, and sale and purchase
of water and/or wastewater effluent or service. Such an agreement between the
Board and a Utility Franchisee shaU constitute an amendment to that
Franchisee's franchise and may provide for rate adjustments pursuant to the
terms of the agreement without the necessity of a rate hearing. No public
hearing shall be required for amendment of a franchise by entering into or
operation of such an agreement
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8. To exercise all powers and do all things necessary or convenient to
the full and complete exercise of its jurisdiction and the enforcement of its orders
and requirements, including approve court actions pursuant to Section 1-3 (13)
herein.
9. Pursuant to Section 1-12 of this Ordinance, to establish and, if
needed from time-to-time, amend the regulatory fee that must be paid by all
utilities that are subject to the provision of this Ordinance.
10. Appoint members to the Authority; remove members from the
Authority.
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11. Pursuant to Section 1-13 of this Ordinance, amend the applicable
Application Fees payable to the County.
SECTION 1-19.
APPLICATION FOR TRANSFER OF FRANCHiSe
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A The Board has Final Order authority under this Section. When a
Utility proposes to sell, assign, or otherwise transfer its Franchise Certificate, i1s
system facilities or any portion thereof, or majority organizational control. the
franchisee must apply to the Authority for prior determination and approval from
the Authority that the proposed sale, assignment, or other transfer is in the
public interest and that the buyer, assignee, or any other transferee can and will
fulfill the commitments, duties, and obligations, and of the existing Utility. The
minimum filing requirements shall be as specified by Rules of the Board.
B. The transferor shall remain liable for any outstanding regulatory
assessment fees, fines, or refunds ofthe Utility due to the County.
C. The application fee may be waived is the proposed transferee is a
Governmental Agency.
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D. Authority Determinations. Following a determination by Preliminary
Order of the Authority that the application is complete, the Board may grant,
deny, or amend the Preliminary Order or application for any for transfer upon
such condi1ions as it deems proper, and after requiring such further relel/ant
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~ February 24, 2009
Page 340 of 420
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information as it deems necessary. The Authority and the Board may consider
whether:
1. The Application is made in good faith;
2. The transferee has sufficient resources to serve the area for
which the transfer is sought;
3. The transferor Utility is in regulatory compliance;
4. The known and projected economlc impact on the Utility's
customer base and the Utility's future rates, fees and charges; .
5. The application conflicts with the County's Master Land Use
Plan, including capital improvements elements.
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E. Transfer to Homeowners' Association. Transfers to homeowners'
association or any similar group shall be subject 10 the above stated provisions,
plus the following additional provisions:
1. The transferee shall be a corporation not-for-profit organized
under the laws of the State of Florida. AI! users of the utility service(s) of the
Utility must be members of the corporation and be enlitled to one (1) vote
regarding the affairs of the corporation, including the rates, fees and charges to
be charged by the Utility.
2. The members of the corporation must have voted to purchase
or othelWise acquire the Franchise not more than one hundred and twenty (120)
days prior to the filing of the application for transfer. The majority vote required
shall be not less than the percentage required by the corporate charter and/or
by-laws of the corporation, and in no case less than fifty percent (50%) of all
members, plus one (1) member.
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F. Transfer to Governmental Aaencv. An application shalt be
proces6ed in the same manner as provided in Section 1.4 except that the sale or
any other transfer of a Franchise Certificate or facility, in whole or in part, to any
governmental agency shall, absent compelling reasons against, be approved as
a matter of right; however, the governmental agency shall, prior to taking any
official acti,:>n, obtain from the Utility or the Authority (with respect to the facilities
to be transferred) the most recent available income and expense statement,
balance sheet, and statement of rate base for regulatory purposes, plus
contributions-in-aid-of-construction and other contributed assets, Effective at
the the time of the closing on any such sate or other transfer, any request for
rate relief pending before the Authority Authority shall automatically be deemed
to have been withdrawn. Interim rates, if previously approved by the Authority,
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Febiuarv =~.t 20(19
PEL,:e 3.~1 of420
. must be discontinued and any money collected pursuant to interim rate relief ..
must be refunded to the customers of the Utility with interest.
G. The Authority may establish the then existing rate base for a Utility
in its Preliminary Order to approve a sale, assignment, or any other transfer
thereof, except no rate base need be established for any transfer to any
governmental agency.
H. Ariy person, company or organization that obtains ownership or
control over any system or any part thereof by any means, Including through
foreclosure of a mortgage or other encumbrance, must continue all utility service
without Interruption and shall remove or dismantle any portion of the system
previously dedicated to public use which might impair the ability to provide
existing service and service committed to.
I. Discretionarv Public Hearina. At its discretion, the Authority and/or
the Board may hold a public hearing to consider a completed application for any
such transfer.
SECTION 1-20. EXAMINATION AND TESTING OF METERS.
A. The Board may by Rule provide for the examination and testing of
. all meters used for measuring any utility service of a Utility, and reasonable fees t
for same.
B. Any person may have a meter tested by tile Utility upon payment of
the applicable fee fixed by Rule of the Board.
C. Utility customers, at their discretion, may pay the fee at the time of
the request or have the Utility include the fee in the next regularly scheduled
statement. However, the fee shall be repaid to the customer or user if the meter
is found to have been incorrect to the disadvantage of the customer or user in
excess of the degree or amount of tolerance customarily allowed for such
meters, or otherwise as may be provided in the Rules of the Board. No fee may
be charged for any meter testing done by the Authority.
SECTION 1-21. APPLICATION FOR ADDITION TO SERVICE AREA.
I A. The Authority has Final Authority approval under this Section.
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Proposed additions of utility service into any additional service area shall not be
commenced until the Utility first obtains an amended Franchise Certificate from
. the Authority that authorizes such additions.
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. B. An application to amend a Franchise Certificate to add to the Utility's
territory shall be made at any time within sixty (60) days following the completion
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February 24, 2009
Page :::::.12 of 420
of all notice requirements for same in Rules 9f the Board. The application shall
be filed with the applicable application fee per Rule of the Board and shall
contain a map and legal description of all additional territory proposed to be
served, along with such other minimum filing requirements by Rules of the
Board. The Authority should issue a Final Order Order regarding the
application.
C. Except in very exceptional instances and always based on
necessity, the Authority will not authorize extension of franchise territory to any
parcel of land that is not contiguous to the Utility's then service territory, or in
such a manner as to create "pockets" of unserved areas. Any application for
extension of any service territory that is not in accord with this policy shall
specify in detail the necessity for variance to this policy and how the public
interest will be served notwithstanding lack of adherence to this policy.
D. Authority Determinations. The Authority may render its decision
upon such conditions as the Authority deems proper, and may require further
relevant information as it deems necessary. This Authority shall consider
whether:
1. The Application is made in good faith;
2. The applicant has sufficient resources to Berve the area for
which the extension is sought;
3.
added area;
The System has sufficient capacity to serve the proposed
4. The conceptual plan that shows the layout of the proposed
system filed by the applicant demonstrates that, as applicable, the source of
water, method of treatment of water, method of treatment of wastewater, and
method of disposing of sewage effluent are adequate to protect the public
health, safety, and welfare;
5. Whether the application conflicts with the County's local
comprehensive plan, including capital improvement elements.
E. Discretionary Public Hearina. The Authority may hold public
hearings to consider an application for a boundary change.
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F. The Utility, at no cost to the County, shall file with the Authority a
copy of the construction plans for the system, which plans must have been
approved as required by applicable Governmental Agencies prior to any Utility
construction being initiated. At no cost to the County, one (1) set of as-built
drawings shall be filed with the Authority.
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Aqenda Item No. 17B
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Page 343 of 420
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G. A Bulk Water Utility shall pay a minimum application fee of $500.00
to add to its service territory except for geographic areas to service individual
retail customers.
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SECTION 1-22.
APPLICATION FOR DELETION OF SERVICE
A. The Authority has Final Order authority under this Section.
B. The County, the affected Utility, and any substantially affected
person shall be the only persons with standing regarding deletion of part of a
Utility's service territory.
C.
shall:
Each applicant who requests deletion of a Utility's service territory
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1. Provide the minimum filing requirements required by Rule of
the Board, which include a detailed inquiry into the ability or lack of ability of the
applicant to provide the utility service in the area sought to be deleted, the need
or lack of need for the utility service in that area, and the existence or
nonexistence of the utility service from other sources within close geographical
proximity to that area;
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2. Submit a sworn affidavit based on personal knowledge of an
officer of the Utility that the applicant has caused notice of its intention to file an
application to delete that service territory to be be delivered by mail or other
means of actual delivery to the Authority and to such other persons as may be
prescribed by Rule of the Board, Such notice shall be delivered at least twenty
(20) days prior to the initial filing of that application.
D. If the Authority does not receive written objection to
the application within twenty (20) days following the Official Date of Filing of the
application, the Authority may issue a Final Order of its decision on the
application without a public hearing.
E. If within twenty (20) days following the Official Date of Filing, the
Authority receives a written objection requesting a public hearing from any other
Governmental Agency, from another Utility, or from a Person who would be
substantially affected by deletion of any part of the requested territory, the
Authority may conduct a public hearing thereon. The Authority should decide
the matter be Final Order.t
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SECTION 1-23.
ABANDONMENT.
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Page 344 of 420
A. The Authority has Final Order authority under this Section.
S, Water or wastewater service to customers of a Utility shall not be
interrupted by the abandonment or placement into receivership of that Utility. To
that end:
1. No person owning, operating, managing or controlling a Utility
shall abandon the Utility without giving at least sixty (60) days' advance written
notice of such intent the Authority.
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2. After receiving such notice, the Authority, absent compelling
circumstances, may require petition the Circuit Court to appoint a receiver, which
may be the Executive Director of the Authority or any person deemed
appropriate by the Court. The receiver shall operate the Utility from the date of
abandonment until such time as the receiver disposes of the property of the
Utility in a manner designed to continue the efficient and effective operation of
all such utility service. All costs of the receivership, including expenses of the
receiver operating and disposing of the Utility, plus altomeys fees incurred by
the receiver and any by the Board, shall be assessed 9S a lien against and paid
by the owner of the Utility. '
3. The notice to the Authority under subsection (1), above, is
6ufficient cause for revocation, suspension, or amendment of the Franchise
Certificate of the Utility as of the date of abandonment The person operating
such Utility shall automatically be considered to hold temporary authorization to
operate from the Authority.
SECTION 1.24. ENFORCEMENT AND PENALTY PROVISIONS.
At.
A. Section 1-6 of this, the Collier County Code of Ordinances, applies
throughout this Ordinance. Violations of this Ordinance may be prosecuted
pursuant to 125.69, Florida Statutes, or its successor in function.
8. Any violation of this Ordinance is declared to be a misdemeanor
within the meaning of Section 775.08, Florida Statutes, and shall be punishable
as therein provided, except the County may specify in the respective case that
imprisonment is not a possible penalty except for contempt of court. Any person
building, installing, or operating a Water Utility, Sewer Utility, Bulk Water Utility,
or any combination thereof, without a valid exemption by the County issued upon
application therefore by the Utility, or without a Franchise therefor issued by the
Board shall be guilty of a misdemeanor, which may be published as then
provided by law. Each day of such operation may be deemed to be a separate
misdemeanor, If any Utility, by any officer, agent or employee, or any other
person, knowingly refuses to comply with, or willfully violates any provision of
this Ordinance or any Rule or Order of the Board or Authority, such Utility,
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officer, agent or employee, or other person shall, if convicted, be guilty of a
misdemeanor as specified.
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C. The Authority may initiate a complaint to the Code Enforcement
Board for violation of this Ordinance in accordance with Chapter 162, Florida
Statutes.
D. Administrative Penaltv. For any violation of a Franchise or of this
Ordinance or of any written Rule of the Board or of the Authority under this
Ordinance, the Authority may assess an administrative penalty not exceeding
five hundred dollars ($500.00), which may be collected in civil court of law of
competent jurisdiction. Each day a violation continues may be considered as a
separate violation.
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E. Failure to File on Time. Whenever any tiling requirement of any
Utility, including all required accompanying documentation (report and/or
statements), are not filed within the applicable prescribed time period, the Utility
sheJlI be notified of the delinquency by certified mail or other means of actual
delivery. If the required fee and other documentation are not filed within thirty
(30) days after the notice of delinquency has been received by the Utility, (or
within such lesser time as specified in the notice), the Authority may conduct an
independent audit of the books and records of the Franchisee to determine the
amount of the fee that is due, or may calculate the fee by projecting the fee from
the Utility's previous then recent experience. If the County calculates any such
fees because the Utility has not done so in a prompt and complete manner, the
Utility shall be liable for all applicable late charges plus ell of the County's costs,
including attorney's fees, costs of collection and costs of legal action(s) to
enforce collection.
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F. .QQili. Any Utility officer, agent, or employee, or other person
convicted under the provisions of this Ordinance shall pay, to the fullest extent
allowed by law, all costs and expenses involved in that case.
G. The County may take such other lawfut action in any court of
competent jurisdiction as the County deems necessary to prevent or remedy any
refusal to comply with, or any violation of, this Ordinance and/or any Rule or
order of the Board or the Authority. Such action may include and shall not be
limited to, an equitable action for injunctive relief, or any action at law for
damages or other relief or remedy.
SECTION 1-25.
REVOCATION OF FRANCHISE.
A. Only the Board may revoke a Franchise Certificate.
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B. No Franchise Certificate shall be revoked until the Authority has
held a public hearing on such matter and presented a Preliminary Order to the
Board,
C. Notice of intent to consider a revocation shall be given to the Utility
at least sixty (60) days before the date of the public hearing, Such notice shall
be issued by the Authority and shall specify all reasons on Which revocation is
sought, stating the facts on which such reasons for revocation are based.
D. If the Authority determines after its public hearing thai the basic for
revocation has been established, the Authority will issue a Preliminary Order 10
the Authority to revoke the Franchise Certificate or may require any other
remedy provided for in this Ordinance or otherwise provided by general law.
SECTION 1-26.
EXEMPTION OF COUNTY UTILITY SYSTEMS.
This Ordinance does not apply to any utility facilities owned by the County.
This Ordinance shall not prohibit or restrict In any manner the construction,
operation or maintenance of a water or sewer (wastewater) system, bulk water
system, or any combination thereof by the County, except in any geographic
area for which an exclusive Franchise Certificate for that Utility service has been
granted to a Utility under this Ordinance and the Franchise Certificate is active
and valid.
SECTION 1.27_ COMPLIANCE
REGULATIONS.
WITH
OTHER
APPLICABLE
\ All Utilities shall comply with all rules, regulations and quality and operating
standards pertaining to such utilities as promulgated by any and all
Governmental Agencies having jurisdiction thereof.
SECTION 1.28.
APPEL.LATE REVIEW.
Any person directly aggrieved by an order, resolution or other action of the
Board, or by Final Order of the Authority, may have it reviewed by the Circuit
Court on petition for a writ of certiorari, pursuant to rule 9,100, Florida rules of
appellate procedure or its successor in function rule, as then applicable.
Matters before a Hearing Examiner or the Authority may not be appealed to the
Board. Parties may, In iieu thereof, and as provided for In this Ordinance, file
timely objections to Preliminary Orders of the Authority that are at that time
scheduled for presentation to the Board for action by the Board.
SECTION 1-29.
PROVIDING FOR THE POSSIBILITY OF TRANSFER
55
Aoenda Item No. 17B
- February 24,2009
Page 347 of 420
.
In addition to any power granted on the effective date of this Ordinance by
Chapter 367, or any other Florida Statutes, if the Board should acquire authority
to decide that one (1) or more Utilities regulated hereunder should in the Board's
judgment become regulated by another Governmental Agency, and which
transfer can be 8CCOl11>lished by the County, then the Board. at its discretion, by
taking such action can approve such transfer of regulation to the other
Governmental Agency.
.,
SECTION TWO:
CONFLICT AND SEVERABILITY.
In the event that this Ordinance conflicts with any other ordinance of Collier
County of other applicable law. the more restrictive shall apply. if any phrase or
portion of this Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed separate, distinct and
independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE:
INCLUSION INTO THE CODE OF LAWS AND
.
The provisions of this Ordinance shall become and be made a part of the
code of laws and ordinances of Collier County, Florida. Sections of this
Ordinance may be renumbered or relettered to accol11>lish such, and the word
"ordinance" may be changed to "section: "article," or any other appropriate
word.
(
SE:CTlON FOUR:
EFFECTIVE DATE.
This Ordinance shall become effective immediately upon filing this
Ordinance with the Florida Department of state.
PASSED AND DULY ADOPTED by th~ ~oard of County Commissioners of
Collier County, Florida, this ~ day of ~ .1996.
ATTEST:
DWIGHT E. BROCK, CLERK
COMMISSIONERS
BOARD
OF
COUNTY
COLLIER COUNTY, FLORIDA
by:
.
by:
JOHN C. NORRIS, CHAIRMAN
,..
56
f\genda Item No. i 78
February 24, 2009
Page 348 of420
..j.
Approved as to form and
legal sufficiency:
Thomas C. Palmer
Assistant County Attorney
ordinancas\w&sregord-2
TCP/mrb/10699
~~
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.
!J30UJ,a olYf;~IIt:eJ' Yf;~~L"YdJl
3301 East Tamiami Trail' Naples, Florida 34112 _ 49/7
(239) 774-8097. Fax (239) 774-3602
Agenda It8m r,o. 17B
,'. February 24, 2009"
VS) " Page 3~ 9 01420'
1.(!(NJlVU.d6UNUYPj ,{ :,e.
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W Coyle
District 4
Jim Coletta
District 5
January 29, 2008
Florida Department of Comm:.mity Affairs
Ray Eubanks, PlHn Review Administrator
Division ofColTImunlty Planning
2555 Shumard Oaks Bivd.
Tallahassee, Florida 32399-2100
RF: Coliier County's] 0- Year Waler Supply Facilities Work Plan.
Dear Mr. Eubanks:
.
Pursuant to thc conversation of [)ecember 19Lh, 2007, between Collier County staff and DCA
staff, and your e-mail response on December26,2007,Coi[ler County is in an obvious
predicament with respect to adopling Its final version of the IO-Year Water Supply Facililies
Work Plan (Work Pian) Undcr normal circumstances, Coiiier County wouid have been in a
pOSition to submit the adopted verSIon of the plan in a t1!l1ely manner. However. as it was
discussed bctween Coliier County staff and DCA's staff, Collier County is in a quandary as a
result of DCA's Notice ofI11lcnt to find the County's Capitai Improvement Element (CIE) not in
compliance. As DCA is aliI'are, this is problematic as the Work Plan must be consistent with the
CIE. Collier County transmitted the Work Plan in a timely manner and received from DCA the
Objections, Recommendations and Commcnts report (ORC) which noted specific objections
pertaining to th~ Work Plan. These cbjections are impossible to address at the normal adoption
time period as a result of the CIE being found not in compliance.
Subsequent to the transmittal of the Work Pian, DCA and Collier County staff had a meeting of
the minds with respect to tinuiizing those ponions of thc ORC related in the ClE that were not in
compliance. On Dccember i I Lh, 2007, the Coliicr County Board of County Commissioners
(BCC) authorized the Chairman to execute the compliance agreement to then be forwarded to
DCA. Collier County, DCA and all other panies and arpropriate i11lerveners, have ex~cuted the
Compliance Agreemcnt (See attached signed agreement). Remediai Amendments to the erE
were adopted by the Coliier County Board of County CommiSSiOners on January 29, 2008.
.
/\aenda item No. 178
- February 24.2009
Page 350 of 420
~
Florida Depa11ment of Community Affairs
Ray Eubanks, Plan Review Administrator
January 29, 200S
Page Two
Collier County can not adopt its Work Plan prior to January 12'b, 200S, as this would result in an
inconsistency wIth the existing CIE on record, Therefore, Collier County is proposing that the
Work Plan be adopted by the BCC after the adoption and effective date of the Remedial
Amendments to the Collier County Growth Management Plan's (GMP) C!E, The Remedial
Amendments to the CIE will be consistent with the conditions as set forth in the Compliance
Agreement Given the aforementioned circumstances, if Collier County acted otherwise it would
result in creating an internal inconsistency with the GMP.
Therefore, as previously disclIssed between Collier County staff and DCA's staff, the Collier
County Board of County Commissioners is requesting that DCA continue to work with Collier
County in order to adopt the Work Plan as soon as practicablc.
-.,
DCA's expeditious responses and professionalism is appreciated, as always, as we reach an
amicable solution \vithout creating a monumental prohiern that would just he a by-product of the
time associated with an agreed upon Compliance Agreement, and the subsequent Remedial
Amendments, heard and approved by the Collicr County Board of County Commissioners 011
January 29, 200S.
PIe~~~t~'.ca"[lIq1ndy. Cohen. Conlprl.:hen:'iilvt' P!nnning Dire('rnr~ 81 23Y-? 13.2903 jf you ha\/e any
questions ili 'r"'sp~ct to this correspondence.
~, .~~.",":' ~,~~:'it'b l~.", .
ATT~ST:'" - . '1
D~roI1T. EPQ ROCK ,~Cl E RI<;
~:~,~~
, . I>.J '
'~7 . Eu ;t, )"",,
CO~' ,AJ .
~/~-~~
Tum Henning
Commissioner, District 3
.....
..G.Q8nda Itsm t~o. 1 ('3
~ February 24.2009
Page 351 of 420
.
c;o~...... <:;;ounty
Collier County
Interlocal Service-Delivery Agreement Report
In Compliance with Chapter 2002-296, Laws of Florida, and Sections I63.3177(6}(h)
6.,7., And 8,. Florida Statutes
.
Collier County Board of County Commissioners
Community Development and Environmental Services Division
Comprehensive Planning Department
August 2004
.
-
.^-oenda Item No. 17B
~ February 24, 2009
Page 352 of 420
1.
Backl!l'ound & Statutorv Reauirements
.
In 1996, the Florida Legislature created The Commission on Local Government II. The 21-
member Commission was created for the e'press purpose of suggesting Statutory and
constitutional changes concerning the powers, financing and service delivery .capacity of local
governments within the Stale of Florida. The Commission's Report, published in January of
1998, concluded that there was an approaching crisis in local government, caused by rlJe conflict
between a rising demand for public services and the limiled ability of local governments to
provide sucb services.
The Commission cited a number of issues regarding the nature of the State governmental system
_ that make it difficult for local governments to resolve tbe conflict between increasing demand for
services and limited means. With regard to this report, the primary issue had to do with the State
taxation system and its relationship to local government service capacity.
Florida's taxation system has been designed primarily to tax tourists and seasonal residents.
Limits to the taxation of permanent Florida residents (as cited by the Commission) include
reduced property taxes for agricultural uses, the Homestead Exemption, and a sales lax tbat is
restricted solely to commodities (as opposed to services). Under these limits, local revenues
from taxes do not keep pace with the demand for services.
Furthermore, the State Government; faced with its own budgetary shortfalls; has gradually
shifted burdens to local governments, in the fonn of unfounded mandates. To make up the
financial gap thus created, local governments have increasingly turned to non-tax revenue .
sources, such as service fees, spe<:ial assessments, special districts, and municipal service taxing
or benefit units (MSTUs and MSBUs). In many instances these provisions have resulled in
increased governmental complexity, duplication of services, reductions to service delivery
capacity, and rughef costs. All of these factors tend to alienate taxpayers and create public
confusion as to service responsibility.
As a result of the Commission's deliberations and report, the Legislature passed Chapter 2002-
296, Laws of Florida. The Law created Sections 163.3I71(6)(h) 6.,7., and 8., Florida Statutes.
These Sections require aU counties having a population of greater than 100,000, and the
municipalities and special districts within those counties, to prepare a report that identifies all
existing or proposed interlocal service-delivery agreements regarding the following eight
community service areas:
Education
Sanitary sewer
Public safety
Solid waste
Drainage
Potable water
Parks and recreation
Tra nsportalion facilities
The Report must identify capital or operational duplications in services or service deficits in the
respective counties, including the incorporated municipalities therein. In Comer County there
.
Page I of 69
;\oenda Item No. 178
~. February 24, 2009
Page 353 of 420
.
are three municipalities; the City of Everglades (or Everglades City), the City of Marco Isl~nd,
and the City of Naples. This report is intended to address both County and MUnICIpal
requirements relative to lnterlocal Service Delivery Agreements. ~ounty staff has worked
closely with the staffs of the three municipalities in the preparation of thIs report.
2. Guidelines
In preparing this report, County staff was cognizanl of the three primary report guidelines, as
delineated by the Statutes. These are as follows;
1. The Report should provide an inventory of the service providers in Collier County and
existing and proposed agreements related to the eight service areas listed in the statute.
2. The Report should identify unncx;essary duplication and gaps/deficits in the existing
service delivery alTllngements.
3, The Report should describe possible options to remedy the identified inefficiencies in the
delivery of public services (as recommended amendments to County and Municipal
Intergovernmental Coordination Elements).
3. Master List of Service Providers
.
Using Board of County Commissioners meeting records, Special District information, public
facility reports, and information specific to various County and Municipal agencies, County staff
has created a Countywide ''Master List of SeIVice Providers." This information can be found in
Table I, "Master List of Service Providers," Each entry in the Table provides the name of the
Service Provider, a brief description of the service or services that they provide, and the "service
area" (the eight services analyzed by the report) that the provider represents.
4. ExisliDl! Service Deliven Arrantlements
This report analyzes. through the medium of existing Interlocal Service Agreements, the delivery
of eight public services, or service areas, to the citizens of Collier County, the City of Naples, the
City of Marco Island, and the City of Everglades. For each of the eight (8) services required by
Sections l63.3177(6)(h) 6., 7., and 8., Horida Statutes, the report provides a definition of the
service, as defined by the Statutes, identification of primary and secondary providers of the
service, as well as any identified problems or unique aspects of the service provision. Table 2
contains the "Master List of Existing Interlocal Agreements." The various appendices to this
report contain jurisdictional maps of thc various service providcrs, as applicable and as provided
to County staff.
The eight services analyzed within this reporl are as follows:
I. Education (ED)
2. Sanitary Sewer (SS)
3. Public Safety (PS)
4. Solid Waste (SW)
5. Drainage (DR)
.
Page 2 of 69
!\qenda item No. 178
- ;:::"P"TU'";''''Y ')4 ')009
, F/C1g~f 35~4 ~f 420
6. Potable Water (PW)
7. Parks and Recreation (PR)
8. Transportation Facilities (TR)
.
The abbreviations refer to identifiers used in Tables 1 and 2.
a, Education (ED)
Report Definition
For the purposes of this report, education includes the provision of public schools (Grades K-
12), adult education, and vocational training, but does not indude charter schools or private
educational activities.
Primary Provider
The District School Board of Collier County.
Secondar)' Providers
. Collier County Parks and Recreation Departmcnt has an interlocal agreement with Ule
School District for use of school campuses for recreational programs. The Department
also provides meals for its programs held on school grounds by coordinating "'"ilh the
School District through invoices for all food and supplies received by Sponsors. .
· Collier County Community Development and Environmental Services Division
coordinates scbool site and building reviews through tbe building permit and
development approval process.
. Collier County Transportation Services Division coordinates with the District School
Board of Collier County through buying entities issuing their own purchase orders under
contract and processing invoices in accordance with its own payment procedures.
Identified ProblemsIUnlque Aspects
In addition to providing educational services to Collier County residents, the District School
Board of Collier County also provides educational services to students from the Seminole Indian
Reservation.
Identified Duplication of Services
There are no identified duplications of educational services.
.
Page 3 of 69
.
.
.
p~l:..w{a 'i""'rn t,-Jo 178
'~'~~c'-br~a~y 24. 2009
Page 3::)5 of 420
Identified Service-Delivery Deficits
There are no identified deficits regarding the deli very of educational services. Public education
is available to all school-age residents within Collier County.
h. Sllnitarv Sewer (8S)
Report Definition
For the porposes of this report, Sanitary Sewer Service includes all public or private waslewater
treatment systcms to an adopted level of service standard and concurrency requirements.
Public Sector Providers
CoJljer County Water-Sewer District, Marco Island Water & Sewer Service Areas. City of
Naples Public Works Department, and Everglades City Public Works
The Collier County Water-Sewer District
The Collier County Water-Sewer District (CCWSD) encompas.;;es approximately :t226 square
miles. This area is bounded on the north by Lee Coumy, on the soulh hy the Marco r.~land
Service Area. on the west by the City of Naples Service Area and the Gulf of Mexico, and on the
east by the Urban Planning Designation. The CC\VSD was approveu by referendum in 1969 and
\'alidated by the Slate Legislature in 1978 by Special Act, Chapter 78-489. and Laws of Florida
Tn 1988. lhe legislature reestablished rhe Collier County Water-Sewer Districr and provided for
restrictions and boundaries for the service area<; of tbe City of Napks. Ciry of Marco Island
(Marco Shores and Marco Island systems), and llTlmcorporaled Golden Gale Cir.\' (Honda
Governmental Utilities Authority). Please refer to tbe County's Sewer Service Area_ map below;
Page 4 of 69
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- February 24,2009
Page 356 of 420
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/\osnda !tc-,;rY\ 1\10. 17B
::J Februar"y 24. 2009
P2ge357 of 420
On June 26, 2003 the Governor of Florida approved House Bill 849 that was enacted by the
Legislature of the State of Florida as Chapler 2003-353. Laws of Florida. PursU1l1lt to .,ection
189.429 Florida Statules, this act constitutes the codification of all special acts relating to the
Collier Count}' Waler-Sewer Districl. an independent special district and public corporation of
the State of Florida.
The Board of Count}' Commissioners adopted the Rural Fringe Growth Management Plan
Amendments on June 19, 2002, Ihat became effective on July 22; 2003 by Final Order No.
DCA03-GM-137. Additionally, the Collier County Board of COUnty Commissioners (Bce)
adopted the revised expanded service area for the Collier County Waler-Sewer District on
September 9, 2003.
Any developmcnts occurring wHhin the Rural Fringe Mixed Use District, within the revised
Collier County Wmer-Sewer Districl Boundaries, will be customers of the COUnty. Should the
Counly not be in a position to supply potable water to the project and/or receive the project's
wastewater at tile time de\'elopment commences, lhe PUD Developer, at his e~pen~e, will install
and operatc water and/or wustewaler inlerim facililje~ ooequate to meet all reqUiremenL~ of the
appropriate regulatory agencies. The~e developments may receivc water and wastewater services
from another centralized service provider until the COUnty is in a position (0 provide service.
Howe"er, these developments and the required interJocaJ agreement to enact tlllS intelim service
will be reviewed and permitted on a case-hy-case ba<is.
TIlere are several future utiliry p!nnning areas that lie outside the existing District boundaries.
These areas inciude the Orange Tree Area, the Golden Gale City service area and potentially
other panially developed areas in Golden Gate Estates within the CCWSD. The Orange Tree
,AJe;l is obligated to become parr of the CCWSD by tJ,e year 2012.
Marco Isl.and Water & Sewer Senice Areas
The Marco Island Water & Sewer Service Areas was est3blish~d by Ordmance No. 77-78 ,md
was repealed by Ordinance No. 2004-09. The District was Coumy-owne.d. Per Re.<;olution No.
2000-338, the County transferred aU wastewater assels to the City of Marco Island with BO:1rd of
COUnty Commissioner:; approval on September 26, 2000,
The City of Marco Island City Council voted to purchase the former Florida Water Services
Corporation System in November 2003. which had served Marco Island, Isle of Capri and Marco
Shores. This represents the largest collection and treatment system on Marco Island, although
most of the area is stilllreated through onsile scptic systems. The eXisting facilities include a 2.5
MGD treatment plant, a I million gallon aeration system and approximately ten (10) mile.s
gravity sewers and eleven (ll) miles of force mains. Tr.ated effluent is pumped to the Marco
Shor~s Golf Course (on the mainland) for irrigation Use. Sludge is hauled off the island by
crmlr:tct haulers.
After purchasing the system from Florida WOl"r Services COJporalion, the City also has a service
area located within the Marco Shores Country Club Development (part of the Marco
ShoresfFiddJers Creek Del'elopment of Regional lmpnct). The, development is locllted
approximaleiy iive (5) miles south of US, 41 on Stale Road 951 (Collier Boulevard). The Board
Page 6 of 69
...;)
Agenda Item No. 17B
February 24, 2009
Page 358 of 420
of County Commissioners has previously approved an eleven (1 I) square-mile service area for .
these facilities, located on both sides of Collier Boulevard. However, the actual area provided
service by the system is approximately one (I) square mile. Much of the service area is
environmentally sensitive and is not likely to ever be developed. The area actually serviced is
largely residential in nature. Facilities include a 90,000 gallon-per-day COTUact stabilization
treatment plant and the associated collection system, Effluent is pumped to the Marco Shores
Golf Course for irrigation use. The utility also maintains offslte percolation ponds. Sludge is
hauled offsite by contract haulers. The Man:o Shores Wastewater Utility Treatment Plant also
serves the La Peninsula Development located on the Isle of Capri, this service area was elCpanded
in 1998.
. City of Naples
The City of Naples maintains its own water and wastewater service district, wbich is operated
through the City's Public Works Department. The District does include approximately seven (7)
square miles of unincorporated County area, which the City provides service to through an
interJocal agreement with the County.
City of Everglades
Everglades City maintains its own Water & Sewer District, which is comprised primarily of
lands within the incorporated City boundary. However, the Copeland Utility and Everglades
City have an interIocal agreement that allows Everglades City to provide bulk wastewater .
treatment for the Copeland system.
Independent District Providers
Immokalee Water & Sewer District
The Immokalee Water & Sewer District is an independent governmental district that was created
by a Special Act of the State Legislature in 1978. The District has its own governmental board.
whose members are appointed by the Governor of Florida. While the District must coordinate
with County Agencies, and it is subject to County LOS Standards, its board is otherwise not
subject to the Collier County Board of County Commissioners. Currently, the District Service
Area covers approximately twenty-seven (27) square miles (mainly the unincorporated area of
hnmokaIee). However, the District has recently pelitioned the State Legislature for permission
to expand. Current District facilities include a 1.5 million-gallons per day (MGD) treatment
plant, connected to approximately 80 miles of sewer lines and 28 lift stations. Effluent is
pumped from the plant site's holding pond (approximately 3.0 million gallons capacity) to the
Immokalee Airport property for irrigation use. SlUdge is disposed of through land spreading at
agricultural operations surrounding the Immokalee Community.
.
Page 7 of 69
.
.
.
Agenda itern I'>Jo. 178
;:-'2b:-uary 24.2009
Page 359 of 420
Private Sector Providers
North Marco Utility Company, Incorporatcd, Goodland Isles, Incorporated Sanitary Sewer
Facilities, Orange Tree Utility Company, Florida Governmental Utility Authority, Copeland
Water & Sewer Company, Port of thc Islands Community Improvement Distri(;t and Ave Maria
Utility Company, LLLP (see below). The following infonnation describes service provisions for
these providers.
North Marco Utility Company, Incorporated
This utility's service area comprises approximately a V2 square mile section of Marco Island,
, known as "Old Marco." Land uses in this area are primarily residential, with some supporting
commercial uses and tourist-oriented businesses. Thc area is located along the Marco River
Waterfront. Sewage is collected from the area and pumped to the City of Marco Island treatment
plant pursuant to a bulk sewerage treatment agreement.
Good/and Isles, Incorporated Sanitary Sewer Facilities
This utility's service area is limited to an existing fishing village consisting of thirteen (13) small
condominium units, all located within the community of Goodland (located south of County
Road 92 (San Marco Road), approximately two (2) miles east of Marco Island. The system is
based upon a 12,000 gallon-per-day package treatmenl plant. Average flows are about 2,000
gallons per day.
Orange Tree Utility Company
The Orange Tree Planned Unit Development/vested Development of Regional Impact is an
approximately four (4) square-mile area, located in the vicinity of the intcrsection County Road
846 (Immokalee Road) and County Road 858 (Oil Well Road). The area was fomlerly known ns
North Golden Gate City. When the area is fully developed, land uses will consist of re.~idcmial
areas, commercial developments, golf courses, a lake and park, as well as the Collier County
FaiTgrounds. In 1998. the Board of Coumy Commissioners approved the expansion of the utility
service area to include the ncarby development of Twin Eagles. The entire PUD is within the
service area of the Orange Tree Utility Company. Presently, the treatment plant includes a
350,000 gallon-per-day contact stabilization fadlity with planned expansion of the wastewater
treatment facility by 750,000 gallons per day in 2005. The system is being constructed in
phase.... concurrcnt with development. The Utility expanded its territory in 1998 to include the
Twin Eagle Development. Effluent will be disposed of through golf course irrigation and sludge
will be land spread at appropriate sites, The Collier County Water Sewer District is currently
scheduled to acquire Orange Tree Utility Company in 2012.
Florida Governmental Utility Authority (FGUAl
FGUA is a legal entity and public body organized and existing under the Laws of the State of
Florida, constituting a "public agency" under Part I of Chapter 163, Florida Statutes, that
acquired the service area formerly held by Florida Cities Water Company. This service area
Page 8 of 69
Agenda Item No. 178
February 24. 2009
Page 360 of 420
consists of the four square mile area known as Golden Gate City. The service area was expanded .
several years ago in accordance with Collier County Water and Wastewater Authority's Final
Order # 98'()9, adopted on September 28, 1998. Land uses in Golden Gate City are residential
and commercial in nature. FOUA operates a 500,000 gallon-per-day treatment facility, adjacent
to the Golden Gate Canal. Effluent is pumped to onsite percolation ponds. Sludge is hauled
offsite and land spread by contract haulers. The collection system contains approximately 22
mile.s of gravity sewers, force mains and pump stations.
Copeland Water & Sewer Company
The unincorporated community of Copeland receives wastewater collection service from the Lee
Cypress Water and Sewer Cooperative's wastewater collection system, which diverts raw
sewerage flows to the City of Everglades Wastewater Treatment Plant pursuant to an interlocal
agreement for bulk wastewater treatment. Between June 2002 and November 2003 the Co-op
was under a Department of Environmental Protection generated Court-ordered receivership,
administered by the Collier County Water & Wastewater Authority, to facilitate negotiations for
the interlocal agreement for treatment of its wastewater. In November, 2003, upon completion
of the force main interconnect, bulk service agreement, and decommissioning of the substandard
wastewater treatment plant, the Court vacated the receivership, returning control of the utility to
the Board of Directors of the Lee Cypress Water and Sewer Cooperative.
1-
The Co-op continues to maintain the sewerage collection system that serves approximately 51
customers. The service area (the unincorporated community of Copeland) is approximately three
(3) miles north of U.S. 41. on State Road 29.
.
Port of the Islands Community Improvement Distrid
The Port of the Islands Community hnprovement District encompasses the Port of the Islands
Development platted subdivision, located approximately twenty (20) miles southeast of Naple.s,
on both sides of US 41. The District is an independent Community Development District,
created by the Collier County Board of County Commissioners in 1986. A Board of Directors
governs the District. Wastewater treatment service is provided through a 200,000 gallon per day
treatment plant. Water reclaimed from the treatment process is channeled through 28.6 acres of
wetlands. The treatment plan serves commercial parcels along U.S. 41, an RV Park and single-
family homes.
Ave Maria Utility Company, LLLP (AMUC)
On May 12, 2004, this entity notified the Collier County Water & Wastewater Authority of its
intent to file an application for water and wastewater certification to scrve the Ave Maria
Development, located in eastern Collier County, southwest of Irnmokalce. Authority staff
received the certification application on August 12, 2004. The application is currently under
review.
I -
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Page 9 of 69
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Agenda Item No. 17B
February 24. 2009
Page 361 of 420
Other Systems
The Florida Department of Environmental Protection inspects approximately twenty-two (22)
very small package systems operating in various portions of the County. Treatment facilities
range in size from 5,000 to 10,000 gallons-per-day. All of these systems are_located in areas
where centralized sewer service is not available.
Identif'red ProbJemsIUDique Aspects
Although large portions of Urban Collier County and the Golden Gate Estates is technically
within either Collier County's North Sewer Service Area or South Sewer Service Area, there are
- some areas of the County that do not receive wa'tewaler service. COUllty Ordinance 97-43
excludes large ponions of Urban and Golden Gate Estatcs area from the payment of wastewater
impact fees. Therefore should wastewater service be provided by the CCWSD in the futllre, this
would require the fonnation of some sort funding mechanism(s). The County's Sanilary Sewer
Sub-Element, Policy 1.1.4, allows these areas to be served by septic systems and/or package
treatment plants until County Sewer Service can be provided. Also, certain portions of the
unincorporated area of Collier County are served by municipal utilities. In such circum.,tances.
the Sub-Element sets level of scrvice standards for the unillcorporated portions of the municipal
service areas.
Identified Duplication of Services
The City of Naples, City of Marco Island, Everglades City, Florida Governmental Utility
Authority, Goodland !sles, Incorporated Sanitary Sewer Facilities, Orange Tree Utility
Company, and Immokalee Water & Sewer District all provide services to portions of
unincorporated Collier COUnty. However, these arrangements do not represent duplication of
services, as these entities are all independent utility districts. Orange Tree Utility Company has
an agreement with the County that provides for the County to take over utility services in 20] 2.
Identified Service-Delivery Deficits
There are no identified deficits regarding delivery of sanitary sewer services.
c. Public Safetv IPS}
Report Definition
For the purpose of this report, Public Safety refers to all police, fire and emergency medical
services operating in Collier County.
Primary Provider
The only local Public Safety entities with countywide jurisdiction are Collier County Emergency
Management Department, Collier County Emergency Medical Services and the Collier County
Sheriff's Office.
Page IO of 69
r'\aenda Item No.1 TB
~ February ~4, 2009
P8ge 362 of .420
Secondary Providers
City of Marco Island Police Department, City of Naples Police and Emergency Services
Department, Florida Highway Patrol, other State and Federal Law Enforcement Agencies,
Sheriffs Offices from Lee County, Hendry County, Broward County, Monroe County and
Miami-Dade County, various private security services, Big Corkscrew Fire Rescue, East Naples
Fire Department, Golden Gate Fire & Rescue, Immokalee Fire Control District, Isles of Capri
Fire & Rescue, City of Naples Fire Department, City of MarC{) Island Fire Rescue, North Naples
Fire Control District, Ochopee Fire Control District, State Division of Forestry, Collier County
Office of Emergency Management, and other Stale, County and Municipal Agencies having
public safety or emergency functions.
The Comer County Sheriffs Office is the primary law enforcement agency within Collier
County. However, the City of Naples City of Naples Police & Emergency Services Department
provides the majority of patrol and investigation services to the citizens of Naples.
Identified ProblernslUnique Aspects
.
The Collier County Sheriff s Department provides law enforcement services to residents of
Everglades City. The City of Naples Police & Emergency Services Department (PSED) contains
police, fire and emergency medical service components. The Florida Department of Law
Enforcement (FDLE) provides the state oversight of mandatory state standards. PESD
voluntarily utilizes various services available from FDLE, such as lab work and investigative
support. .
PESD formerly had a contractual agreement with the Department of Homeland Security for
providing officers to the Naples Airport. Currently, however, the Airport must first enter into an
agreement with the Transportation Safety Administration, and then a secondary agreement witil
PESD.
PESD has auto-aide and mutual aide agreements with the surrounding independent fire districts
and well as an agreement with the district Haz-Mat team.
PESD, City of Naples, Marco Island and East Naples Fire District currently have an agreement
with Collier County Emergency Medical Services (CCEMS) for a partnership program. CCEMS
is currently housed in two of the City's three (3) stations.
Each fire district in the County has a mutual aid agreement with the State of Florida that includes
all or most all emergency service providers in the State of Florida.
Identified Duplication of Services
Through informal service delivery agreements, the Ochopee Fire Department (Collier County).
Monroe County, Miami-Dade County and the Big Cypress National Preserve all provide fire
control and emergency services to eastern Collier County. Whichever fire department is closer
to the emergency will provide the service. This relationship provides for tile most cost effective
~<'.-"
Page 11 of 69
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.
.
.
P,Genoa Item I'~o. 178
,~ February 24, 2009
Pclge 363 01420
response, since the closer fire department will be responding. The Ochopee Fire Department
also provides service to Everglades City through an interlocal agreement. North Naples Fire
Department has an interlocal agreement with the City of Bonita Springs (in Lee County), which
enables whichever fire district is closest to respond to the emergency.
Identified Service-Delivery Deficits
The Isles of Capri Fire District has only two volunteers in the entire Fire District at the present
time. The District is in need of formal funding of its employees and operations in order to meet
the requirements of fonnal mutual aid agreements.
d. Solid Waste (SWl
Report Definition: For the purposes of this report, Solid Waste refers to all public or private
systems that collect or dispose of household, commercial, industrial, hazardous, construction and
demolition solid waste and are subject to an adopted level of service standard.
Primary Provider
The Collier County Solid Waste Management Depanmem oversees franchised residential.
multifamily and commercial waste collection, the Household Hazardous Waste Program, and
disposal service for all the homes. apanments, cOfldominiums and businesses in unincorporated
Collier Couoly. The Department also oversees landfill operations, operates three recycling
centers, oversees all County recycling activities, and plans for the Counly's long-range displ,sal
needs. Through agreement with Waste MaJlagement of Florida, Incorporated, the County
operates two landfills (Naples & Immokalee).
Secondary Providers
City of Naples Solid Waste Division, nine (9) commercial trash haulers and forty-three (43)
recycling firms. All but one of the haulers also conducts recycling operations.
Identified Problems/Unique Aspects
There are no identified problems or unique aspects regarding solid waste collection.
Identified Duplication of Services
There are no identified duplications of solid waste disposal services.
Identified Service-Delivery Deficits
There are no identified service delivery deficits with respect to solid waste disposal.
Page 12 of 69
,.0.,genda Item hlo. 178
February 24,2009
Pi3.;J8 364 of 420
e.
DrainlHle (DR)
.
Report Definition
For the purposes of this report, Drainage includes all natural or manmade .systems that are
subject to an adopted level of service standard.
. Primary Provider
There are two primary service providers within Collier County: the County Stonnwater
Management Section. which maintains drainage systems associated with County roadways, and
. the Big Cypress Basin Board (an ann of the South Florida Water Management District), which
maintains regional waterways and drainage systems within Collier County.
Secondary Providers
City of Marco Island Public Works Department, City of Naples Public Works Department,
Florida Department of Transportation. various POD.based drainage systems, Cedar Hammock
Community Development District, Cow Slough Water Control District, Fiddler's Creek
Community Development District, Fiddler's Creek Community Development District #2, Flow
Way Community Development District, Heritage Greens Community Development District, Key
Marco Community Development District, Lely Community Development District, Mediterra
South Community Development District, Naples Heritage Community Development District, .
Pelican Marsh Community Development District, Pine Air Lakes Community Development
District, Port of The Islands Community Improvement District, and the Tuscany Reserve
Community Development District.
Identified ProblemslUnlque Aspects
Through a cooperative agreement signed in 1991, the Big Cypress Basin Board maintains and
operates Collier County's primary canal system. The County maintains and operates tributary
systems.
Identified Duplication of Services
There are no identified duplications of stormwater management/drainage services.
Identified Service-Delivery Deficits
There are no identified service delivery deficits with respect to stonnwater managementJdrainage
services.
.
Page 13 of69
.
.
.
,l\:)enda ilern ~,lo. 'I73
v February 24,2009
Pclge 365 or 420
f.
Potable Water (PWl
Report Definition
For tbe purposes of this report, Potable Water includes all publjc or private .systems that are
subject to an adopted level of service standard.
Public Sector Providers
Collier County Water-Sewer District, City of Naples, Marco Island Water & Sewer Service
Areas, Goodlalld Water District, Everglades City
Collier County Water-Sewer District
The primary provider for most of Collier County is Collier County Pllblic Utilities. The COUnty
operates its sanitary sewer and potable water utiliry services as the "Collier County Water-Sewer
District." The District was created by local referendum in 1969. and validated by the State
Legislature, in a Special Act, in 1978. In 1988, via a second Sp"..cial Act, the District boundaries
were expanded. The Collier County Water-Sewer District receives drinking water from two
regional water treatment plants, and includes three (3) re-pump stations. one (I) booster pumping
station, two (2) raw water well fields and distribution and storage systems. In 1988, the
legislature reestablished the Collier County Water-Sewer District and provided for restrictions
and boundaries for the service areas of the City of Naples, Florida Water Services Corporation
(Marco Shores and Marco Island), and unincorporated Golden Gate City (Florida Governmcntal
Utilities Authority). On June 26, 2003 the Governor of Florida approved House Bill 849 that was
enacted by the Legislature of the State of Florida as Chapter 2003-353, Laws of Aorida. This
Special Act codified all prior affected Special Acts to be all-inclusive as related to the Collier
County Water-Sewer District.
The Board of County Commissioners adopted the Rural Fringe Growth Management Plan
Amendments on June 19, 2002, that became effective on July 22, 2003 by Final Order No.
DCA03-GM-137. Additionally, the Collier County Board of County Commissioners (BCC)
adopted the revised expanded service area for the Collier County Water-Sewer District on
September 9,2003.
Any developments occurring within the Rural Fringe Mixed Use District, within the revised
Collier County Water-Sewer Districl Boundaries, will be customers of the County. Should the
County not be in a position to supply potable water to the project and/or receive the project's
wastewater at the time development commences, the PUD Developer. at his expense, will install
and operate water andlor wastewater interim facilities adequate to meet all requirements of the
appropriate regulatory agencies. These developments may receive water and wastewater services
from another centralized service provider until the County is in a position to provide service.
However, these developments and the required interJocal agreement to enact this interim service
will be reviewed and permitted on a case-by-case basis.
There are several future utility planning areas that lie outside the existing District boundaries.
These areas include the Orange Tree Area, the Golden Gate City service area and potentially
Page 14 of 69
Agenda Item NO.1 lB
February 24, 2009
Page 366 of 420
other partially developed areas in Golden Gate Estates within the CCWSD. The Orange Tree .
Area is obligated to become part of the CCWSD by the year 2012. Please refer to the County's
Water Planning Areas map below:
.
.
Page 15 of 69
,~
. - .
J\genc3 :tem ~~o, 1 ~:B
Febr-uary 24,2009
Page 367 of 420
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