Agenda 09/29/2009 Item # 6B
Agenda Item No. 68
September 29. 2009
Page 1 of 34
COLLIER COUNTY
OFFICE OF THE COUNTY MANAGER
3301 East Tamiami Trail" Naples. Florida 34112. (239) 252-8383" FAX: (239) 252-4010
September 14, 2009
Mr. Joey Smith
20 Crooked lane
Naples, Fl 34112
Re: Public Petition Request to Discuss Water Usage at 1815 Downing Court
Dear Mr. Smith:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of September 29, 2009, regarding the above referenced
subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. If the subject matter is currently under litigation or is an on-going
Code Enforcement case, the Board will hear the item but will not discuss the item after it
has been presented. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
Sincerely,
.~~../~~~
Leo E. Ochs, Jr. . _ c.
Deputy County Manag€fU ""'--
lEO/jb
cc: Jeffrey Klatzkow, County Attorney
Jim Delony. Public Utilities Administrator
Sep 11 09 12:38p Marlene Graham Team 12392618671 Agenda~t~m No. 6B
j APtember 29. 2009
. ~ r:a(10f 34
. dl(/!7
Reauest to Soeak under Public Petition /14114 ?~/
Please print
Name: ~ .. t !),. lit.
/ '
Address: ~(J (>~b/ t a~~
,$<>/!U; j:{ 3W/;;
Phone: ~J'J. PfT. P;)/b
Date of the Board Meetina yOU wish to soeak: f)t>~ f /;6#/ / ~, ~
Must circle yes or no:
Yes~ -
Is this subject matter under litigation at this time?
Is this subject matter an ongoing Code Enforcement case? Yes€.!
Note: If either answer is ''yes'' I the Board will hear the item but will have no
discussion regarding the item after it is presented.
Please eXDlain in detail the reason vou are reauestina to sceak (attach additional
oaoe if necessary):
pie a ~ckJ a7,1
I
Please exolain in detail the action yOU are askina the Commission to take (attach
additional Dace if necessary):
ff'cLi;j, ; ~ olr~
W&<-tr ~"f f'/ /Jf(i_J ,ty /~t'f"/~
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H:\Mary-Jo\Public PetIIlon Request Form - 200B new form.doc
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Sap 11 09 12:39p Marlene Graham Team 12392618671 Agenda9t~m No. 68
. September 29, 2009
~ Page 3 of 34
Co ~T~nt.y ,.;.-~~:s )
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U IC as MSlOn 'y. \ .) uJ'
Utility Billing & Customer Selvice ~,.I ~~ ?I . {~ \\~
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Date: August 28, 2009 (Pll\ '\ ~~ 't"\\ . \ ll~..~.
Name: Legend Trans LLC 'V1"~d 'SO 01;) ~ c.,~
Street: 1815 Downing Court if-.:v ~ ~f .
C"1ty State Zip: Naples Fl34112 I ~ ~"U 'JLCr \ \
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Re: 1815 Downing Court \ ; C LO ~
Account #06002086203 G it S'
Dear: Customer: ~
Collier County Utility Billing & Customer Service has observed that there has been a significant increase in your water
usage from previous months. As we can not determine why your usage is higher, we are notifying you of our findings
so that you are aware and can investigate possible reasons. We were not able to contact you by telephone.
Your total water and sewer bill for the current cycle Is $ 994.97.
Please feel free to call Customer Service at (239) 252.2380 in regard to this matter.
Sincerely,
Utilitv Billing & Customer Service
G)
,..........
Uliily Biling& Cusbrer Servi:;eOe~. 4420 Wercantile Ave. . Naples. Fiorida 34104 . 239-252-2350' WaterlSewer Biling & Trash CoIec11on 239-252.2380
Sep 11 09 12:39p Marlene Graham Team 12392618671 Agenda~t~m No. 68
September 29,2009
~16Y County Page 4 of 34
- ...-..-.........
- -
Pubic Utities Division
Utlity Billing & Customer Service
Sepkmber 4, 2009
Legend Trans LLC
1815 Downing Court
Naples, Fl34112
RE: Utilities AccOUDt No. 06802086203 -
Dear Sir:
As you are a~ the Utility Billing and Customer Service team observed a significant increase in your
recent water usage, for the period July 17 through August 18. 2009, and advised you of the situation in a
letter dated August 28, 2009. A water meter technician had been sent to check the meter on your property, at
1815 Downing Court, on August 24, 2009 and found that your meter was functioning correctly and verified
the register read.
I understand from the records on your account that Gary Morocco, Customer Service supervisor, spoke with
a Mr. J. Smith, a realtor working with Downing-Frye, and who claimed to be acting as your agent. We have
00 record that you, as the property owner, have requested for Mr. Smith to be added to the account in that
capacity. Mr. Smith demanded from Gary Morocco that a management representative from the Utility meet
with him on-site to discuss the situation. Mr. Smith stated that the meter on this property was irrigating the
median and the property next door. He stated he had a plumber repair the cross connection and wants the
utility bill adjusted, but was unable to provide a copy of the plumber's invoice. Water Oistn"bution Manager
Joe Thomas met with Mr. Smith on site to explain that any cross connection on the property owner~s side of
the meter is not the responsibility of the Utility- Mr. Smith refused to accept the explanation and demanded
that on behalf of tile property owner a full refund of the excess water usage charges.
According to our Billing Regulatory Standards Ordinance, if our investigations indicate that the meter is
performing correctly then the water is adjudged to have passed through the meter to the property. Therefore
the water that was registered as having flowed through the meter is your responsibility as the property owner.
ff an improper connection has been made to the service line from the meter to your property, to provide
(j
~
lh"ly _ & Cl&lrnlJ SeM:eilellE*l8ll' 4420 Mercaliile Ave. . Naples, Florida 34104 . 239-252-2350 ' YMtrlSewer IMng & Trash CoIec:tioIl239-252-23WJ
Sap 11 09 12:39p Marlene Gniham ream 12392618671 p.4
Agenda Item No. 68
. September 29,2009
Page 5 of 34
water to your neighbor or the median landscaping, then your dispute is with your neighbor or your
Home OVlr'I1el'S Association who are listed by the Property Appraiser as being responsible for Downing
Court roadway and cul-de-sac.
While we empdfti~'" your situation it is important to understand thal1he Water-Sewer District is
funded entirely by the rates and fees it charges. therefore the cost for every gallon of water produced
must be shared by all customers. The County Ordinance (Ordinance No. 2001-73), which establishes
the uniform billiD& """""f1g and regulaIory standards, includes language that reiterates that of the
S~ Act ~M~~-Sewer District. prohib~tin~ the provisi~n of free water and sewer
sem.ce. To ~ ~~ Of the charges due to this high consumption, we can offer you a no-
interest, tWelve (Ulm.., Customer Payment Agreement and a sewer voJmne charge credit for water
that did not en1er. the.. sewer. system. If you wish to avail yourself of this, please contact Customer
- . Service on (239) 252-2380.
We would appreciate it, if you would confirm, as the property owner. that Mr. Smith should act on your
behalfand receive your bills, please provide your instmctions in writing. to:
Utility Billing and Customer Service
4420 Mercantile Avenue
Naples, Fl341 04
Should you have any further questions. please contact Customer Service at (239) 252-2380.
S~ly,
Peter Lund", .
MamIger, Customer ~ 81Ki'Utnities Ordin8nceEnml'cemem
...;.\. ,.,-" - .
Cc: Crown Pointe Home Owners Association
Mr. J. Smith, Downing-FtyeRealty, Inc.
Sap 11 09 12:39p Marlene Gr8hem Team 12392618671 Agendlf~m No. 68
~ September 29, 2009
Page 6 of 34
Co ley County
~ ~~
- ~
PLblic Utilities Division
Utility BiDing & Customer Service "
September 9,2009
Legend Trans L.LC
181S DoWDing Court. ,.'
Naples, FL 34112 :
Re: Utility ACCOUDt}'tlto..~2086203
Folio ~o. 29555015'" it. ' .
. . .. .: <. ~.. ~ i . ..'
I.oj
t .~ .
Dear Sir: -
Please be advised that The Unifonn Billing, ~ and Regulatory Standards Ordinance 2001-73, as
amended, Section 1.4 B 1 states in pan: ....;]]1 no case shall a property owner, except with the written
consent :from the District, steDd tIIeir instaDatinTI across a street, alley, lane, 001.111:, property line, avenue, or
any other way. in order to furnish service for adjacent property... "
It came to our attention dming a September 2, 2009 conversation between your authorized agent, Joseph R.
Smith. and the utility Water Distribution Department Manager Joe Thomas, that a connection to your potable
water service line on the property behind the meter was irrigating the adjacent property and cul-c1e-'sac
landscaping. This could only be possible if the connection to the District's potable WaIeI' distribution system
was also connected to lines on the adjacent property at 1821 Downing Court (Folio No. 29555015107) and
an installed line was nm UDder the street to the cul-de-sac landscaped area (Folio No. 29555000507) which is
owned by the ero","Il Pointe Community Association, Inc. (see attached). Per 1he Ordinance as noted, this is
not legal and must be cured ;m.""mately.
If this connection baS already been cured, plc.ue provide documentation indicating the natlu"e of the work
that has been completed and the contractor that performed the work.
Sincerely,
,
J h. ellone
Manager, Utility Billing aDd Customer Service
CC: Crown Pointe Community Association Inc.
Mr. Joseph R. Smith, DowniDg Frye Realty
(i)
~
UIilyBiilg &CJsilmerSlrvO!l OepiJtneIto 4420 Merclrltile Ave, 0 Naples, A:xida 34104' 23~Z52-2350 0 WatedSewer BIilg & Trash CoIlecion 239.252.2380
I
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Sep 11 09 12:42p M..... GnIham Team 12392618671 p.2
89/e6/28~ 86:18 239793774., CRCWflJIHTE Age~elTbN<u'pB
. September 29, 2009
Page 7 of 34
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Comment;:
I hCM fax.d 0f'eI' )/OUr fax CMtI'tD our aa::ounling dept. to find why this was .." 10" aBomt!Y's of8ce The
GCCXMIIanf ........ iI,FroIlphl 51...7.c32. She wi' contod"fOU wt.n.. 011 ~ out.
The Cu&-De.sac _~Rt~ Caurt has ... --. ~ :gad Iinat I hawt be. ,.. ...... Y'lGrs Ihlll is why the
(5} Cui De Sacs .......1CDped.
When Crown PoiNt ~..~'~~ 1M ortifnaI CMn.r. allowed fhe _elDf*' to odd the irrigation I...,
the CuI-De- SocIl~: Q.l4....., AD-....... no irrigClling hills occurred 1ft ... eua.o. SlICS for
,.on. 1.15' QI.':" ';'., . ":'\ '" ...~ 'M Ir.rwocont prior 10""", CIWMIS ~j~L1 I,' far four ~rs. If the
waIIr bit iI~.~~~~J.:~~;~ 0 Jemr IG.~'-".
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o Urpnf':'Or~' o "-e Com...... DpIeolltReply o t'fec:tt. Reqde
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Sap 11 09 12:42p Marlene Gr8ham Team 12392618671 AgendaPr~m No. 68
. .,.
September 29, 2009
Page 8 of 34
Tbil i:ultnlllll!lIL pnpaftld by.
~J. Bo..ic, &q.
900 Siril Ave. SclGth,1I104
NIpleI. FL 34102
D~POWER.OF A'ITORNEY
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]{NOW ALL MEl'fM'~ lbal J.'EIGDO) TIlAIG, u.c::. .l1odD ......n.WIt)'
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in *_ pIMe _I ' , , Iiid opaate 6Il___ relIl JIftIPItIJ 0IIIIUIl by tbt ~y-
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iao1u'UmCII~ for utililia. JrIIlh.a....llollCCl. CIRI or '11"..... ...... of tile ui4 Pmpeny.
To pcrl'onn,llItlIOrize .. eucuee 1Il)'1Iid aU abliplioD, dutieI aIIll ,.ro~ illculDbaK upaD the
CoIlll*'Y ... Ill)' !IIICh ClIl\lJIlllI&. ~ - or iIulruInelI...
To iDI:ur _10 ,-y .." _1121 bi1ll. clainl&, dIIqOIIaDd ~ on die accllUlll of the Company telated
10 lhe ~ ~ cere_ ~ofaicl PIujIc:rt)';
To accept delivery oCeMcer.. ~ IIIili1icJ or sooda em beNIf of tbe Company relaled 10 the utili_
mai1lteaance. caIe, -.emcat or aper8ligJl of the laid Pnlpert)",
TD c1c:liver,laIcIer and ~ fiIncII robe provicIclll by the Company as In DeC~ for lhe m-..agcmaIt.
opcratioll, c:ate IIIcI mai--=e of_ Pmpeny.
To coUect &ad ra:dptmt IiInda .. ere ro be paid lei the Campaoy ill. colllllllClioa wiIh 1be BY Df lbe
l'onaoin& _ ID 0'" ~ in !he _ flED CompalIy at lIlIY baDk.1O dapr)lrit IlPi nIIIlIa t.~ md 10
CDdoDE the n--= of_ C.-paay'" JIIIIPl*5 or~ dcpo..... or ftIDdIo - aicl__ -
To'" cndone...... ~ .....1C1I.pardIul:.GIICCtIhi, .......wlldp.. deli__1II.)' odIe:r IUCh
iDItnmICIIIlllS may be ~, ... ... . at JII'ClPlI' for IIll)' of_ ~ ptIIJll*Io
SIIill pe.en ....1IDIIreWa'.~ 1lU!Iu*'" ..-.............. -....., -I'tp&r.
plH~ .....11)' or.............., ......1JI...to..... Pnparty .........ar~C-.paDY.
A~ FUR.'IHBR. ..............,., my_ AIID~iIct liII ~ MId alllbori:y 10 do m:I
perbm all ad every It:l ..'..... 't ........... lIClCIIW)' md..... lObe .. in m:I about the prm.s
.1lI11y. _10 an .... _............... _OlIit=CD oftbeeamp.y I\lII8lIt ar coaIcI do If-pentllllllly
p..-_ acd. "lbec.oa.,..,.,IIIIoIbt"~ ml~ aD tbaI die CaqlIIlY'I aid.~n-Facl
tM1IlIwIIdIy do Dr CatIIC 10 be"'tIy __ --. 11Ie ~ia.Faat.a.n - be ..,Ie 10 tile CDIIlpBY for
8Il)' acllI ardldliDDII.-le ~'.. ~J1lctill soodfaitb ad __tbetenDlofdlisDuahIeSpcc:i5c:'-
of AtlDnay.
TO WKQM THIS rw ~.dIF;~ MA v BE PIlESENTED.. )Gl_1dYiIal \bat Sec&icm
709.01. Florida s_pt'IIWIlIa'-:}IIa ~ telyupall dID IUIlbority pa*llIl _,lIUI DlanIWe POWIll' of AltGrDqatll
P haw: RGeiwd wriaeft lIOticeili'theCOalplay" nMlbd tbl& Pewirof~. orlllllice oflllecliAoltllion
IX' u-twucy oftbe Company, V_all: ftIrther ~ .. __ tiIid ......Ibr: --Wc I'Il€uMl of 1I1hiN
pany 1D alll7W _lei All\lllllll)'"in-l"lt:110 iIct lIMUIIIll hllntc or 1C) ~ tbe prupc:r eor,ercUe of WAlIUlllority by
IlIid ~lCl may rwuh _die liIbI1ity or said puty For ..... C06tsllllll ~bk: allDllle)"s fees.
~lTNESS ""'HEREOf. tbe M-aa'5 DC the Company have hcIemID lI:t DC' baDds &Dd HaJs this
M 2009.
Sipd, _1ccI _ delivcnd
in the pnlICIlCe oe LEGEND TRANS, LLC.
~ad'/~ a F10rIda IIIAIIetl ~ eolSJlUY
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Print WilMa NlIII1C
Jardce E. Cale YenlubV , ....
Sep 11 09 12:42p 12392618671 Agenda'Ti1:m No. 68
l September 29, 2009
Page 9 of 34
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Agenda Item No. 68
September 29, 2009
Page 10 of 34
MEMORANDUM
September 18,2009
TO: Board of County Commissioners
FROM: Jim DeLony; Administrator, Public Utilities Division
RE: Public Petition by Mr. Smith, September 29, 2009
Attached please find documentation supporting staff's conclusions regarding Mr. Smith's
metered water consumption.
-
Agenda Item No. 68
September 29,2009
Page 11 of 34
MEMO
September 16, 2009
TO: Leo Oehs, Deputy County Manager
FROM: Jim DeLony, Public Utilities Administrator
Leo,
Mr. Robert Smith, acting on behalf of the property owner of 1815 Downing Court, has petitioned
to appear before the Board of County Commissioners on September 29, 2009.
He is petitioning the Board for a reduction of the cost of the water that passed through the meter- .
at 1815 Downing Court. His contention is that a connection to the potable water service line on
this property and behind the meter was irrigating the adjacent property at 1821 Downing Court,
and the County's island in the cul-de-sac directly in front ofthis property.
The adjacent property is owned by Freemont Investment and Loan, and the island in the cul-de-
sac is owned by the Crown Pointe Community Association, not the County. Research completed
by Sue Zimmerman, Real Property, and Travis Gossard, Transportation, confirm that the
roadways and landscaped dots in the cul-de-sacs are owned by the master association, ,"vith right
of ways granted to transportation for roadway maintenance and to the utility for maintenance of
water and sewer lines. Neither the adjacent property nor the island in the cul-de-sac involve the
County or the utility.
The interconnection between 1815 Downing Court, 1821 Downing Court, and the cul-de-sac is
behind the CCWSD potable water meter. This interconnection was not installed by the CCWSD
or any other County personnel, and is a violation of the Uniform Billing, Operating and
Regulatory Standards Ordinance number 2001-73, Section 1.4 B 1.
There is no means under the CCWSD Uniform Billing, Operating and Regulatory Standards
Ordinance number 2001-73 to provide a refund to Mr. Smith in this matter. A payment plan has
been offered.
A fact sheet is attached, along with exhibits identified in the fact sheet.
Attachments
Agenda Item No. 68
September 29,2009
Page 12 of 34
FACT SHEET
Account 06002086203
1815 Downing Court
Seauence of Events:
August 26: Meter Maintenance representatives checked the meter due to the high usage
indicated on the meter maintenance report issued following each cycle read. The past usage
varied between 8 to 18 thousand gallons per month, and this read was 107 thousand gallons. The
utility technician dispatched reported there was no sign of a leak and the leak detector was not
spinning.
August 28: Utility Billing identifies unusually high consumption on this account, and issues a
letter to notify the property ovvner, requesting the property owner to investigate possible reasons
for the increased consumption (Exhibit 1).
September 2: Mr. Smith phoned Customer Service. He refused to speak to a customer service
representative and demanded to speak to upper management regarding utility account number
06002086203, owned by Legend Trans LLC at 1815 Downing Court in Crown Point. Gary
Morocco, Customer Service Supervisor, took the call. Mr. Smith told Gary that he is acting as
agent for the property owner. Mr. Smith told Gary that the property at 1815 Downing Court was
irrigating the median in the cul-de-sac and the property next door. He stated to Gary that he had
a plumber repair the connection and wants a full credit applied to the utility bill for this service
address. There is no dispute that 107,000 gallons of potable water passed through the meter
servicing 1815 Downing Court, though it may have been used to irrigate this property as well as
the property at 1821 and the cul-de-sac.
Gary explained that the connection (as identified by the plumber hired by Mr. Smith) was on
private property, behind the meter, and was not installed by the utility since the utility does not
perform work on service lines behind the meter on private property. The home next door at
1821, according to what Mr. Smith's plumber told him, was connected to the potable water
service line for 1815. The Property Appraiser's website indicates that the property at 1821
Downing Ct is owned by Freemont Investment & Loan Company. The roadways and cul-de-
sacs show in the Property Appraiser's web site as folio #29555000507 and are owned by Crown
Point Community Assoc Inc.
September 2: Following the conversation between Supervisor Morocco and Mr. Smith, Joe
Thomas, Water Distribution Manager, met with Mr. Smith at 1815 Dov.'Iling Ct late this
afternoon. Mr. Smith again stated that was acting on behalf of the OVv"ller of the property. The
business card he presented to Joe Thomas listed him as a realtor with Downing-Frye realty.
1
Agenda Item No. 68
September 29,2009
Page 13 of 34
There are three properties on the end of the cul-de-sac. The property at 1815 sits on the right,
1821 is in the middle, and 1827 on the left as you look at them from the roadway. The Home
OV\-ner's Association (HOA) has just recently reduced the size of the median dots in the cul-de-
sac using a contractor hired by the HOA, and the Collier COWlty Transportation Department has
completed the paving aroWld them. The property at 1821 appears, and was stated by Mr. Smith,
to be vacant. The property at 1827 has tenants. According to Mr. Smith, sometime in August,
prior to 8-18-09, a leak was reported to him from the tenant at 1827 Downing Ct. The tenant
told Mr. Smith that he should probably look into it as he suspected that the line was tied into the
meter at 1815. According to Mr. Smith, he had a plumber out who located a connection between
1815 and 1821, the vacant home, and also the cul-de-sac island dot. Mr. Smith reported that this
connection was disconnected by the plumber. Neither the Water Distribution Department, nor
Utility Billing Customer SelVlce, has any records supporting calls to report a leak or request an
emergency shut-off during this timeframe. According to Mr. Smith he did not think-the usage
would be very much and dismissed the issue.
Mr. Smith's contention is that the COWlty owns the roads and right-of-ways and that the line
going to the cul-de-sac island dot is the responsibility of the Transportation Department.
Therefore he believes the County should be responsible for the 107,000 gallons usage that
occurred due to the break. As stated earlier, the Property Appraiser's site shows the cul-de-sac
owner to be the Home Owner's Association (Exhibit 2) and the owner of the property at 1821 to
be Freemont Investment & Loan Company.
The Water Distribution Manager attempted to explain to Mr. Smith that the County does not
install any lines beyond the meter, and that they would have been installed by either the
developer or the HOA. Mr. Smith became very agitated and told me he was an ex-city manager !
and knew how the system worked. He said it could either be done easily or the hard way and that
he would take the issue as far as he had to so that his client did not have to pay the bill. Seeing
that this issue was not going to be resolved this afternoon, Joe Thomas told Mr. Smith that he
would research all of the information pertinent to the issue and contact him with his findings. Joe
Thomas then told Mr. Smith that the utility would need an invoice for the repair showing that the
repairs had been completed. Mr. Smith told Joe Thomas that he did not have it and complained
about having to have one created by the owner. Mr. Smith stated that he was not going to settle
for anything short of having the entire balance credited to the acCOWlt.
An illegal connection had been installed on the private property located at 1815 Downing Court
behind the meter serving this property. The Uniform Billing, Operating and Regulatory
Standards Ordinance Number 2001-73, Section 1.4 B 1 states in part: "...In no case shall a
property owner, except with the written consent from the District, extend their installation across
a street, alley, lane, court, property line, avenue, or any other way, in order to furnish service for
adjacent property..." This is not the responsibility of the utility, it is the responsibility of the
property owner. The utility cannot issue credit for water that passed through the meter (Special
2
Agenda Item No. 6B
September 29, 2009
Page 14 of 34
Act of the Florida Legislature Chapter 2003-353, Section 17 "Free water and sewer services
prohibited"). Recourse to recoup expenses related to the cost of irrigation of property at 1821
and on the island in the cuI-de-sac would rest with the owner's of those properties.
September 3: Joe Thomas of Water Distribution, Gary Morocco, Joe Bellone and Peter Lund of
Utility Billing, met this morning to discuss the situation at 1815 Downing Court. It was decided
that Utility Billing Customer Service would compose a letter to Mr, Smith and to the Home
Owner's Association, to explain that the potable water that passed through the meter at 1815
Downing Court must be paid in full (we can also offer credit for the sewer charges since
irrigation does not enter the sewer system as well as an interest free deferred payment plan).
September 4: Peter Lund, Revenue Manager for Customer Service, sends a certified letter to
Legend Trans LLC, the property O~'I1er of record for 1815 Downing Court, copy to Crown
Pointe Community Association Inc and to Mr. Smith, explaining that the utility was not
responsible for the connection and all water that passed through the meter must be paid in full by
the property oVvner (Exhibit 3).
September 4: AIMS 4098 is opened and appropriate staff comments entered.
September 8: Joe Thomas, Water Distribution Manager, received a fax from Mr. Smith with the
Durable Power of Attorney authorizing Mr. Smith to act on behalf of the property owner for
1815 Downing Court (Exhibit 4).
September 8: AIMS 4098 is closed.
September 9: Joe Bellone, Manager Utility Billing and Customer Service, sends a notice to cure
letter to Legend Trans LLC, Cro~n Pointe Community Association Inc and Mr. Smith indicating
that a violation of Ordinance 2001-73 existed and must be cured, or proof that repairs to correct
the violation had been made (Exhibit 5). Included in the letter is a map from the Property
Appraiser's website for Folio Number 29555000507 showing the roadways and cuI-de-sacs in
the Crown Pointe community are o~ned by the Community Association. Easements have been
granted to the County's Transportation Department for maintenance of roadways and sidewalks.
September 11: Mr. Smith files a public petition request to address the Board of County
Commissioners regarding this situation (Exhibit 6, 9 pages). Mr. Smith is asking the
Commission to reduce the bill for the water that was siphoned off illegally at 1 815 Downing
Court for the County and HOA use.
September 15: Research of public records and appropriate title searches conducted by the Real
Property Department confirm that the roadways and cul-de-sacs are owned by the master
3
.~_._--..-~--
Agenda Item No. 68
September 29,2009
Page 15 of 34
association, with easement dedications to Collier County (Transportation Department) to
maintain the roadways, and to the Collier County Water-Sewer District to maintain the water and
sewer lines within the County Utility Easements (CUEs).
Since the roadways in Crown Point East and landscaped island in the cul-de-sac on Downing
Court is owned by the HOA, not the County, settlement for reimbursement for the cost of the
water rests with the Crown Pointe Community Association, not with the utility or the County. A
document included in the petitioner's request (Exhibit 6, page 6 of 9), a memo dated 9-8-2009
from the CAM manger to Mr. Smith states in the last paragraph: "When Crown Pointe was
developed the original owners allowed the developers to add the irrigation lines, the Cul-De-Sacs
belong to the Community Association, No irrigating has occurred in the Cul-De-Sacs for years.
1815 Downing Court has been vacant prior to the new owner approximately for four years. If
the water bill is that high there has to be a leak somewhere",
4
"'...,,,"""'.
co~eT County Agenda Item No. 68
September 29, 2009
Page 16 of 34
~ --..~. .. 1__
Public Utilities Division
Utility Billing & Customer Service
Date: August 28, 2009
Name: Legend Trans LLC
Street: 1815 Downing Court
City State Zip: Naples FL 34112
-
Re: 1815 Downing Court
Account #06002086203
Dear: Customer:
Collier County Utility Billing & Customer Service has observed that there has been a significant increase in your water
usage from previous months. As we can not determine why your usage is higher, we are notifying you of our findings
so that you are aware and can investigate possible reasons. We were not able to contact you by telephone.
Your total water and sewer bill for the current cycle is $ 994.97.
Please feel free to call Customer Service at (239) 252-2380 in regard to this matter.
Sincerely,
Utility Billing & Customer Service
EX1+I~iT i
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Utility BIlling & CtLstorner ServICe DeDilrimeni . 4420 Mercantile Ave' Naples. Fionda 34104 . 239-252-2350 . WaterlSewer Billing & Trash Collection 239-252-2380
Print Map Agendi~ ~8fOO
September 29, 2009
Page 17 of 34
_.
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"OIl.... _ {lIlftdl U'blftj
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Bulldl"1l Footprltitl<
Co.llef County
-
Folio Number: 29555000507
Nama: CROWN PT COMMUNITY
ASSOC INC
Streel# & Nama: NO SITE ADDRESS
Legal Description: CROWN POINTE
EAST TRACT A OR 2011 PG 2124
C 2004, Collier County Property Appraiser. While the Collier County Property Apprai.8r i& committed to providing the most .ecurat. and up..t0.d8t& information, no warranties expre-ssed or lm"Ulid are provided
for the data herein, ft$ use, or ita interpretation,
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http://www.collierappraiser.comlwebmap/mapprint.aspx?title=&orient=LANDSCAPE&pap... 9/8/2009
Agenda Item No. 68
. September 29,2009
*' Page 18of34
ColDer County
~ ---.-...... ....-....
_ -..4
Public Utilities DMsion
Utility Billing & Customer Service
September 4, 2009
Legend Trans LLC
1815 Downing Court
Naples, Fl 34112
RE: Utilities Account No. 06002086203
Dear Sir:
As you are aware, the Utility Billing and Customer Service team observed a significant increase in your
recent water usage, for the period July 17 through August 18, 2009, and advised you of the situation in a
letter dated August 28, 2009. A water meter technician had been sent to check the meter on your property, at
1815 Downing Court, on August 24, 2009 and found that your meter was functioning correctly and verified
the register read.
I understand from the records on your account that Gary Morocco, Customer Service supervisor, spoke with
a Mr. J. Smith, a realtor working with Downing-Frye, and who claimed to be acting as your agent. We have
no record that you, as the property owner, have requested for Mr. Smith to be added to the account in that
capacity. Mr. Smith demanded from Gary Morocco that a management representative from the Utility meet
with him on-site to discuss the situation. Mr. Smith stated that the meter on this property was irrigating the
median and the property next door. He stated he had a plumber repair the cross connection and wants the
utility bill adjusted, but was unable to provide a copy of the plumber's invoice. Water Distribution Manager
Joe Thomas met with Mr. Smith on site to explain that any cross connection on the property owner's side of
the meter is not the responsibility of the Utility. Mr. Smith refused to accept the explanation and demanded
that on behalf of the property owner a full refund of the excess water usage charges.
According to our Billing Regulatory Standards Ordinance, if our investigations indicate that the meter is
performing correctly then the watcr is adjudged to have passed through the meter to the property. Therefore
the water that was registered as having flowed through the meter is your responsibility as the property owner.
If an improper connection has been made to the service line from the meter to your property, to provide
EXtUblT 3 )cr~
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1._ititttyQiHno t, r:-ll~~~~. A.1")() P'40""'2"tllo hue . M~ptoe:, t:,~......;~ '].1"10.-1 .. ~10 ?;"') .,1;'0. \AbtN"1<:iI'\ll~" gUtt....O i Tl""'l;(,~ c""noetlt'll''\ '10 .,c;") "'lQn
Agenda Item No. 68
I September 29, 2009
Page 19 of 34
water to your neighbor or the median landscaping, then your dispute is with your neighbor or your
Home Owners Association who are listed by the Property Appraiser as being responsible for Downing
Court roadway and cul-de-sac. I
I
I
While we empathize with your situation it is important to understand that the Water-Sewer District is
funded entirely by the rates and fees it charges, therefore the cost for every gallon of water produced
must be shared by all customers. The COWlty Ordinance (Ordinance No. 2001-73), which establishes
the uniform billing, operating and regulatory standards, includes language that reiterates that of the
Special Act creating the Water-Sewer District, prohibiting the provision of free water and sewer
seMce. To reduce the impact of the charges due to this high consumption, we can offer you a no-
interest, twelve (12) month Customer Payment Agreement and a sewer volume charge credit for water
that did not enter the sewer system. If you wish to avail yourself of this, please contact Customer
- Service on (239) 252-2380.
We would appreciate it, if you would confirm, as the property owner, that Mr. Smith should act on your
behalf and receive your bills, please provide your instructions in writing, to:
Utility Billing and Customer Service
4420 Mercantile Avenue
Naples, FI 34104
Should you have any further questions, please contact Customer Service at (239) 252-2380.
Sincerely,
Peter Lund
Manager, Customer Service and Utilities Ordinance Enforcement
Cc: Crown Pointe Home Owners Association
Mr. J. Smith, Downing-Frye Realty, Inc.
eXHIBiT -:.<, J OF:L
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Agenda Item No. 68
Marlene Graham T earn 12392618671 Septemb4if1:29, 2009
Sep 08 09 03:13p Page 20 of 34
-
.,...r
"The Marlene Graham Team"
539 - stn Avenue South
Naples, Florida 34102
Office: (239) 261-0153
Fax: (239) 261-8671
W\NW. NaplesHomeFinders ,com
-
Fax
To: ~ J),~u .....M' ~)' A //(..
F"'-: ;2Y:J-tl'o ~ .aee/ 3'
"... e: cJs :2. b;JII&; Date: f7 J9"/~ ~ 7"
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o u.,e.nt o For Renew Cl PMla~ Comment c; P... lIIIIIItv Cl ....... ....)101o
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Sep 08 09 03:14p Marlene Graham Team 12392618671 Agenda Item No. 68
September229,2009
Page 21 of 34
This illl<lnunent prepared by:
Raymond J. Bowie, Esq.
ClOO Sixth AYe. South. #104
Napl~. FL 341 02
DURABLE SPECIAL POWER OF ATTORNEY
For Management of Real Property
KNOW ALL MEN BY THESE PRESEm'S, tltat LEGE:SD TRA~S, LLC, a Florida Iimlted Uabllity
compallY. wilh its principal place ofblJSinells at clo Comupia Capitall.ld, 17 Oiouccster Stnlel. London WCIN
3"-". Uniled Kingdom. herein the '"CompIlI)r, has made.collolfituUld, empowmd aDd appoilltc:d. aDd doe.l;hueby
make, cDftl!1jtute. empower and appoint. JOSEPH R.. SMITH 115 its true and lawl'ulattorney-in.fact to act for it and
in its Illllne, p1aco and Iltead to manage, maintain and operelC that certain real prtl'JlCrt}, OWJ:lcd by tile COTllJlllDY mOll!
plllticuIarly known 8S:
Lot 138. CROWN POIllo'TE EAST. 81:1ConIing to tt1. plat thereof as nconled in Plat Book 14, Pa.~
37 through 41 inehJstve. Pub1ic: Records or Collier County, F1Drlda
Aha knlJWJl as: IBIS Downiug Street, Naples, Florida 34111
Together AllY fiil:tures. appliance... 8l:ld personal property itema incidcnllllly conveying thcn>wi1h. b~ the --
"Propeny";
To negotiate. mate. enter inlo, accept, si.gn, e:teClIle 8lld deliver an)! conlracts or other IlgreemelllS or
in.<lI1U'nents for utililiCll. maintenance. ~ or ~em.enl pf the said Property;
To perfonn. authori.:ee aDd execulC .any and all obligatlol1!l. dutios and performances in::umbern upon the
Compa1'\Y under.any suclt CODIraCIII. doeumenJs or in!ltntmClll~;
To incur and to pill' any and .all bills, elaim$, c;harge.; Dd ex.PCINl$ on the acc.ounl of the ComplU1Y related
to Ih.e RJiUIllgemcnt. maintenaDCe. care md opetalion ofuid PrDPerty;
To accept delivery of services, ~, utilities or goods on behalf of the Company related 10 the utilitie",
mainleDllllCC. care. man&gcrneDt or operation ortlle Il8id Pmperty;
To deliver. tender and present funds 10 be provided by the Company all are nece!lS8.T)' fur the managemmt,
operation. care and mairnelllll1\:C ofthcPropeny.
To collec:: r.ul nlcc;pt any fund$ as Ill" 10 be paid to the Company ill COlU1CcUOR with the any of the
f<>regoing lltl.d 10 open accou.ctS in Cne name' of the COl1lpllnY al any bank. 10 dep),it _id :l'undti tberC'in, and 10
codcrse the ....rne of;he Company for ptll"J'C*S of making deposi L5 or fUnds intc said IlCCOwt1b"; und
To make. endolSe, accept, receive. sign. sell, purcha:ie. w:cDte. Ilckoowlcdlole and deliver lilt)' olJler sucll
in..trUmC1lll< ilK may be necesslrly. convenient or proper lOr lIlll)' of the lbove$8id putpOJ;C!l.
Said powers shall, b_er. speeiRcally exdude aD)' power 10 Ien. lease. opli01l. exclJlUI::c. mortg..
pled;:e, eoA'l'Cy or transfer allY iIlternlln and tD the said Properly oa beltalf of the Company.
AND Ft:RTHER. givingaul gnmring WItO my SIlid Auorney.in-FlIC( full power and lIUtbority to do und
perf011Tl ell aDd ~ act and thing whl\l$OCvef reqLrisite. l1eCCllll8l'y IUId proper 10 be done in and about the premi_
as fully. and 10 all inteDl!l and purpotlC&. ll.$ the II1IIJ1lI8CfI' OT Orrleers of the Company might or could do if penonsJly
present and acting fOT the Company. hereby ratifying IUId cOIlfU'll'ling aU that the Company' ~ saiel Attorney-in-Fact
'lhalllewfully do or C8WIC 10 be dace by virtue hereof. The Altorncy-in-Fect shan not be liable 10 the: CompllD}' for
any sell; or decil11cms made by said Auomey-in-Fact in good fai tit Md undcor the tCl1Tlll of this Dwable SpecifIC Powcr
of Altorm:y.
TO WHOM nos POWER OF ATTORNEY MAYBE PRESE.vrED. you ere advised that Section
709.08. Florida Statu1eS pmllide6 for you to relyupoll the itUtborily granted in this Durable Power of At10mey until
you have received ",linen notice that the Company bu reo,'okc:d this Power of Attorney, or notice oftlte cU680lutiOll
or inwlvency oflbe Compa3ly. You aJe further ed~i5ed thal under lIlIid S1atl1t.c, the unreal101\IIble refusal of a third
party to allow saiG AItomey-in-FltCl to lIoCl. pun;uant hereto or ID clIa11c:nae the proper exercise of said authority by
!laid Al/omC)/-iD-FACt may result in the liability of said paM)! fOT d8IMllCS. costs and reasODAble attorney's fees.
A WJT':oJESS WHEREOF. the Managern of the Company have hereunto t<et our ha.nd.. and ili!als this
Macch .2009.
Signcd.llCaIed and delivered
in the pmoencc of: LEGEND TRANS, LLC.
~~4' a Florida IiJDi[?~ty compaA)'
By ~..
~-~ ~ .~ ~i~ IV~l GjSdIw. n ill Mana;er
// ( t ,l;Jll'O
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.---- a~.. . BYI ',' ~'~
~ Print WilllCS.5 Name: ~
Yordallkll V _ endova
- JanIce E. Cole
~ ti
aH-l~ IT ~op3
"-""-_'"
Sap 08 09 03:14p Marlene Graham Team 12392618671 Agenda Ite~ No. 68
Septemb@ 9, 2009
. Page 22 of 34
ST ^ IE OF fl..OlUDA
COUNTY OF COLI..IER
BEFORE ME. !he undersignod Nowy Public, tbit; I ~ of MaTCh, 2009, penronal1y apJleered
Yuli\'lllu IQIlO'll GeDdov alld YDl"dAltIla ValclleYD G<<Id.ova. as MaalIJ:en of L~ND TRANS, LLC. a
Flerlda Iimhe41lJabllity company. Oft behalf ef ald company. both undel: oath. who Ware per>lOIIlllly known
10 me: or U wbo pcoctu.ced . ideDtificatiCJII. and who
ClIa<:Utcd Ilae fcngoinll Durable Special Power of Attorney fo~ \he WlCI and purpo_ tbcrcin SllItecl, and who duly
acknawIedged !he cxeeulian thereof \0 be a free aet and deed.
I am a Nota.ji Public for the SIaliC of Florida.. and my commitolsion cpires Olr.
G:r:~ ~ . -"'r:-
lAtrix vislble Inted l1CItary seal ~E.~
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, Agenda Item No. 68
;m..... . September 29, 2009
.. . Page 23 of 34
COr~ler County
~~-- --
Public Utilities Division
Utility Billing & Customer Service
September 9, 2009
Legend Trans LLC
1815 Downing Court
Naples, FL 34112
Re: Utility Account No. 06002086203
Folio No. 29555015204
Dear Sir:
Please be advised that The Unifonn Billing, Operating and Regulatory Standards Ordinance 2001-73, as
amended, Section 1.4 B 1 states in part: " .. .In no case shall a property owner, except with the written
consent from the District, e>..'tend their installation across a street, alley, lane, court, property line, avenue, or
any other way, in order to furnish service for adjacent property.. . "
It came to our attention during a September 2, 2009 conversation between your authorized agent, Joseph R.
Smith, and the utility Water Distribution Department Manager Joe Thomas, that a connection to your potable
water service line on the property behind the meter was irrigating the adjacent property and cul-de-sac
landscaping. This could only be possible if the connection to the District's potable water distribution system
was also connected to lines on the adjacent property at 1821 DO\\lmng Court (Folio No. 29555015107) and
an installed line was run under the street to the cul-de-sac landscaped area (Folio No. 29555000507) which is
owned by the Crown Pointe Community Association, Inc. (see attached). Per the Ordinance as noted, this is
not legal and must be cured immediately.
If this connection has already been cured, please provide documentation indicating the nature of the work
that has been completed and the contractor that performed the work.
Sin2cerelY,
, , 1
\. /'i&r-.e
' . :/. .
"-,...... , /x. -
JO'ep~llone
Manager, Utility Billing and Customer Service
CC: Crown Pointe Community Association Inc.
Mr. Joseph R. Smith, Downing Frye Realty , 3
EX'l1ltl T 5 10F'_
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[.Julity Bifiing & Custom::;~ Se!\~ce Depanment. 4420 \!l"rcantiie Ave. . Naples. Florida 34104 . 23~-252-2350 . WatenSew8: 3:!iing & Trash Coilection 239-252.2380
/ ~e':i1a Ite~ tJ';J 68
Print Map _' . . 1/ -t-. ept OOi@r 9, ~OO9
, (Jv~k.fJ/J,; !If pajlf 24 of 34
( ~ V.)../ ".4:.. ::f:t:t U
"'ctiJ;
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...,01. _ P Penl
Bwl'lcttnt ,ooq.f'int.
Cothet' CoUAty
Folio Humb41r: 29655000507
Nam.., CROWN i>T COMMUNITY
ASSOC INC
S~ & Ha....., NO SiTE ADDRESS
Logal De""ptlO": CROWN POINTE
EAST TRACT A OR 2011 PG 2124
o 2004. ~ County property ApJAiMr. """"tie -tn. Cot"e,. County ProP<<tY Appra...r i. eommitNlct to proW:IInjl the tnOft aacun!te and up..UKJate -tnrormauon ,no WIIfYlIntJe't elq)f'MtfId or-tmpke<I are pl'O~
ftlr 1he data I"MU'Wt -its u.e, or ttt- frlterOl'IttlltiCn
Bt:l1R> IT 5' ~()r- 3
(m-.-S D EXtll ~ I T co2)
....
http:/ Iwww .collierappraiser.comlwebmap/mapprint,aspx?title=&orient=LANDSCAPE&pap... 9/8/2009
I
I
'" Details Age~ Ite~ ~ 68
Sept s& g, 09
Page 25 of 34
1 .< ".., ~ .'>~"""'''' 1. Sketches
Property Record I Trim Notices .1
;fj Current Ownership ~
-
I Parcel No./129555000507 II Property Add_s~ NO SITE ADDRESS I
Owner Name CROWN PT COMMUNITY ASSOC IHe
Add.....es 2786 W CROWN POINTE BLVD
City NAPLES ,-.. Fl Zip 34112.5463
I Legalll CROWN POINTE EAST I
TRACT A OR 2011 PG 2124 ,
I Section Township ~ Range II Acl1lS II Map No. I Strap No.
7 50 26 0 5807 257800 A 15B07
257800 I CROWN POIHTE EAST \.i Milia". AM ~. School
0 VACANT RESIDENTIAL 231 6.2396 4.909
'.S~~I.D$trygjQm;Jgr
C~J.\;!Jla1icmg,
2009 Preliminary Tax Roll Latest Sales History
(Subject to Change)
If I'll! Values anown below equal Ii this
parcel was created after the Final Tax Roll
Land Value S 200.00 Book - Page I Amount I
(+) Improved Value $ 0.00 2\\11 ~..2124
S 0.00
1=) Just Value $ 200.00
H SOH Exempt Value SO.OO
1=) Assessed Value $ 200.00
H Homestead and other Exempt Value $ 0.00
(=) Taxable Value $ 200.00
(=) School Taxable Value lUlled for School Taxe..\ $ 200.00
SOH:: "Save Our Homes" exempt value due to cap on assessment
Increases.
The Information is Updated Weekly.
EXH 1~1 r !J- 30f J
-.
http://www .collierappraiser.com/RecordDetail.asp?Map=No&F olioID=00000295 5 5000507 9/8/2009
"h<_,
Agenda Item No. 68
September 29,2009
Page 26 of 34
COllIER COUNTY
OFFICE OF THE COUNTY MANAGER
3301 East Tamiami Trail- Naples, Florida 34112 - (239) 252-8383 - FAX: (239) 252-4010
September 14,2009
Mr. Joey Smith
20 Crooked Lane
Naples, FL 34112
Re: Public Petition Request to Discuss Water Usage at 1815 Downing Court -
Dear Mr. Smith:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of September 29,2009, regarding the above referenced
subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. If the subject matter is currently under litigation or is an on--going
Code Enforcement case, the Board will hear the item but will not discuss the item after it
has been presented. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a,m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") ofthe government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
Sincerely,
,~~ ~-4
Leo E. Ochs. Jr. . - .
Deputy County Manager"''''\...
LEOljb
cc: Jeffrey Klatzkow, County Attorney
Jim DeLony, Public Utilities Administrator
tX:\t,BIT C I bF- 9
Sap 11 09 12:38p Marlene Graham Team 12392618671 Agenda~tem No. 68
Septefh er 29,2009
I Page 27 of 34
. J)/A: (J<tA7
Reauest to 80eak under Public Petition ~174 ?~/
PlfJase print
Name: ~t't !), /;L.
/ '
Address: blo (>~b/ ~ a,,~
, .$-V1u/ ~t 3 W/$l
Phone: ~1'J. ~~r. ;?~/-"
Date of the Board Meetina YOU wish to soeak: f)~~ f b~./ / /1ttt, '7'
Must circle yes or no:
18 this subject matter under litigation at this time? ves€;
18 this subject matter an ongoing Code Enforcement case? ves€)
Note: If either al18W8r is "yes", the Board will hear the 118m but will have no
dilSc~on regarding the item after It is preaeni8d.
Please em lain in detail the reason vou are reauestina to soeak (attach additional
oaae if necessary):
(),e a IA<.kJ a7f I
-
I
Please eXDlain in deta;/1he action YOu are askina the Commission to mke (attach
additional DaDe If necessarv): otr~
r~t:Ld, ;""
tiA;, ~'L~1: ..r/f(j';;! ,tr I~~../~
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H:\MaJy-Jo\Public PetItion Request Form - 2008 l'llIW fonn.doc
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Agenc1a,ltem No. 68
Sep 11 09 12:39p Mar1ene Gnaham ream 12392618671 SepteHitler 29,2009
, ~ . Page 28 of 34
eoIr16Y County tr~,,".J /
PubIic~~n - ~,..~ ~ '",) \1' \
Utilty Billing & Customer Service ~'" il.~y "xl \ ~ S~ \\,,{
aV\. " - ~t \ J \ 1 \
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Dote:AUlust28,2009 Crlt\ crt}ft · r...l i'"
Name: LegendTronsLLC W-'tJ \$0 ~:J 'lfl c,'t
Street: 1815 Down'" Court If- . )., 'f ~ t r - \
CIty State Zip: Naples R 34112 of /' l. ~ {f .I ..10 :t \ \p
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... 1815 Downi"J Court ~ ; C (} \ · \; ~ ~
~ OO9lO2OB62D3 U ~ ~ '
Dear: Customer: ~
COllier County Utility Billing & Customer Service has obseMld that there has been a significant Increase in your water
usage from previouS months. As we can not determine why your usage is higher, we are notifyfns you of our findings
so that you are aware and can lrwestfpte possible reasons. We were not able to contact you by telephone.
Your total water and sewer bill for the current cycle Is $ 994.97.
Please feel free to call CUstomer SeNic:e at (239) 252-2380 in reprd to this matter.
Sincerely,
Utility BIlling & Customer Service
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I.IIIVBiIhg&Cullbn8"SeM::e[)emnerj. 4420 Plercantlle Ave.' Naples. Fenda 34104'239-252,2350 'W*rISewer Biling & trash COIec\Io/l239-252.2380
Sep 11 09 12:39p Marlene G...ham Team 12392618671 Agen~tem No. 6B
Septe er 29,2009
. Page 29 of 34
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Pt.d: U~ Division
UtiIy Billing & Customer Service
Seplanber 4, 2009
~TmnsLLC.
J 815 Downing Court
Naples, PI 34112
RE: UtiIitks AecouDt No. tA0288OO3 -
DeM Sir.
As you are aware, the Utility Billing and Customer Sc:::rvice team observed a significant increase in your
n:cent water u~ for the period July 17 through August 18, 2009, and advised you of the situation in a
letter dated August 2~ 2009. A WBtermeter technician had. been sent to check the meter 00 your property, at
1815 Downing Court, on August 24,2009 and f'otmd that your meter' was functioning correctly and verified
the register read.
I understand from the ICCOl'ds on your account that Gary Moroc::co, Customer Serviee supervisor. spoke with
a Mr. J. Smith. a realtor workiDg with Downing-Frye, and who claimed to be actiDg as your agent. We have
Do record that you, as the property owoer. have rcqUClll:ld for Mr. Smith to be added tD the account in that
capeeity. Mr. Smidl ~-ted from Gary Morocco that a management I~\:l8t;hta1ive from. the Utility meet
with him on-site to discuss the situation. Mr. Smith staled that 'the meter on this p.ropdrty was irrigating the
median and the property next door. He stated he had a plumber repair the cross connection and wants the
utility bill adjusted, but was unable to provide a copy of the plumber's invoice. Water Distn'bution Manqcr
Joe Thomas met with Mr. Smith on site to explain that any cross connection on the property owner's side of
the meter is not the respoDSlDility of the Utility. Mr. Smith refused to accept the explanation and demanded
that on behalf of the property owner a:full refund of the c::x:cess water usage charges.
Acoording to our Billing Regulatory Standards Ordinance, if our investigations indicate that the meter is
performing correctly then the WIlla' is adjudged to have passed through the meter to the property. Therefore
the water that was registered as haYing flowed through the meter is your responsibility as the property owner.
If an improper connection has been made to the 8el"Vice line from the meter to your property, to provide
61+IBI-r b Lfor9
o (,'lLSO B'tl 3)
UIly_..Cl.IDnlr'SINae~.4420MlIrcaJ&Aw.'..... RldllI34104'239-252350'WItIdSIrMIr -.& TralhCol8c:llon 239-252-23e3 '-,
C_~"'-' >,,4""
Sep 11 09 12:39p Mar1In8 GrihIm Teem 12392618671 Agen~ltem No. 68
Septe . ber 29, 2009
Page 30 of 34
water to your neighbor or the median landscaping, then your dispute is with your neighbor or your
Home Owners Association who are listed by the Property Appraiser as being respoosiblc for Downing
Court roadway amd cul-de-sac.
While we em.p-tIUw!.~your situation it is important to understand thal1he Water-Sewer District is
funded entirely by the. aates and :fees it charges, thel'efOre the cost for every gallon of water produeed
must be shared by an customers. The County QrdiDance (Ordinance No. 2001-73). which establishes
the uniform biU.~':lC;.. and reguJ8tory standards.. includes languqe that reiterateS that of the
Special N:t a~:i.~I~~"-Sewm' Di~ prohibiting the provision of free water and sewer
lIeI:Yic:e. To .~~,,';""~ : Of the charges due to this high consumption, we can offer you a no-
interest, twelve (12)'........,Customer Payment AgreemeD1 and a sewer volume charge credit for water
that did DOt &':dIer die: tIiI'llWII: system. If you wish to avail yourself of this. pleac cantact Customer
Service on (239) 252-2380.
We would appreciate it, if you would confirm, as the property owner, that Mr. Smith sbould. act on your
behalf and receive your bills, please provide your instn1ctions in writing. to:
Utility Billing and Customer Service
4420 MercantiJe Avenue
Naples. Fl 34 t 04
Should you have any :further questions, please contaCt Customer Service at (239) 252-2380.
Sincerely.
Peter Lund ... ~. I ., . '
Maoagcr, C\dtoma: s<<+ .'Utilities 0niin8nce EnfiAccment
Cc: Crown Pointe Home Owners Association
Mr. J. S~ DowniDg-Ftye Realty, Inc.
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-Xtr D I 1 to J oF- I
Sep 11 09 12:39p M&rIene Gnihem T88f'n 12392618671 Age~tem No. 68
Sept er 29,2009
4,~~_ Page 31 of 34
Public Utilities Division
Utitity BIRi'lg & Customer Service '.
September 9, 2009
Legend Tnms LLC
1815 DoWl1iDg CourL . .
Nap(es~ FL 34112 .~. ,
Rc: Utility Accowa No. 0IIiG92086203
Folio ~o. 29SSS01s2M.rit;< i
~ . :'-~;.>-~}L'.. . .,
Dear Sir: ' '", -
.
Please be advised that The UDifoIDl Billing..()pcmtiag and R.egulatury Standards Ormn_ 2001-73>> as
amended, Section 1.4 B 1 states in part: ":.;1u. DO case stall a property 0WD!lr, except with the written
oonsent:from the Disaict, cattcDd 1IIdr ~IJ.Itfion. across a street, alley, lane. court, property liDe, avenue. or
any other way. in o.n:Iet to fmaish service for adJ-uproperty.....
It came to our atteI1tion duriD& a Scptcmber2, 2009 coavenaDon between your authorized agent, Joseph R.
Smith. aDd the utility W8ta: Distribution Depertmeat Miuager Joe ~ that a connection to your potable
water service line 011 the plOJ*tY behind the meta' was inigatiog the a4jaccnt property and cul-de-Sac
lRr1n~. This could. only be possible if the CODDeCtiOD to the District.s potable warer distribution system
was also connected to lines on the a4jacentpmperty at 1821 Downing Court (Folio No. 2955'5'015101) BUd
an i~lled line was lUll UDder the street to the cul-de-sac LmtlQeaped area (Folio No. 29555000507) which is
owned by the Crown Poiate Cnnurumity AssociatiOD, JJ1c. (see attached). Per "the OJ:dioance as noted, this is
.not legal and must be cl1l'ceHIII1'I'lMiJd1oJly.
If this connection baS already been c.ured, please provide doeumentation indicating the Dature of the work
that bas been com.pIded aDd the CODtraetor that perfarmCd the work.
Sincerely.
,
J . ollone
Manager, Utility Bi1IiDg and Customer Setvice
CC: Crown Pointe COIlU:IIUDir.y Association Inc.
Mr. Joseph R. Smith, DowniDg Frye Realty, . b , 9
EX~ of
. .. ~ . (""-<b 61f S-)
lAyElfng &CJsmIs'58val~. 4420 MertriIe ~\Ifl. . Na.. A:xlda 34104. 5252-2350. Wal8dSewtrBli1g & Trash CoIlec:ion 239-252.2380
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Sep 11 09 12:42p ...... GnIhIm Team 12392618671 5e . 8f,~~OO9
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Ssp 11 09 12:42p Martene GnIIham Team 12392618671 Age~tem No. 68
. " Sept er29,2009
Page 33 of 34
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Sep 11 09 12:42p Agenda Item No. 68
12392818611 Septep:JlJer 29, 2009
, Page 34 of 34
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