Agenda 01/29/2008 Item #10E
Agenda Item No. 10E
January 29, 2008
Page 1 of 21
.~
EXECUTIVE SUMMARY
To provide the Board of County Commissioners (BCC) with an update on petition CPSP-
2007-6, 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
Collier County 10-Year Water Supply Facilities Work Plan, in order to be consistent with
the remedial amendments to the Capital Improvement Element, Ordinance 89-05, as
amended; and to have the BCC authorize the Chairman to execute and forward a letter to
the Department of Community Affairs (DCA) in reference to the adoption timeline of the
aforementioned GMP amendment
OBJECTIVE:
To provide the Board of County Commissioners (BCC) with a status report pertaining to the
substantive aspects of the Collier County 1 O-Year Water Supply Facilities Work Plan and the
tentative timeline; and to have the Board consider forwarding a letter to DCA in reference to said
timeline of the GMP amendment.
CONSIDERATIONS:
,---
In anticipation of the rapid population growth and increasing water demands facing the State,
and the potential threats to both the economy and natural resources, the Legislature amended
the Florida Water Resources Act (Chapter 373, F.S.) in '1997. The amendment required the five
Water Management Districts to initiate regional water supply planning in all areas of the State
where reasonable anticipated sources of water were deemed inadequate to meet year 2020
projected demands.
The purpose of water supply planning is to develop strategies to meet future water demands of
urban and agricultural uses, while meeting the needs of the environment. This process identifies
areas where historically used sources of water will not be adequate to meet future demands,
and evaluates several water source options to meet the shortfall. As mandated by Florida water
law, each regional water supply plan is based on at least a 20-year future planning horizon, and
a complete update of each plan is required every five years.
.
In 2002, the Legislature expanded the local government comprehensive plan requirements set
forth in Chapter 163 of the Florida Statutes, to strengthen coordination of water supply planning
and local land use planning. The South Florida Water Management District (SFWMD) has
developed a long-term comprehensive regional water supply plan update for its planning area.
Collier County is within the Lower West Coast Water Supply Plan. Previous water supply plans
for the Lower West Coast were completed in February 1994 (planning horizon 2010) and April
2000 (planning horizon 2020), which the County utilized to develop its 2002 Water Master Plan
Update. The most recent water supply plan update is the 2005-2006 Lower West Coast Plan
Update that has a planning horizon of 2025.
,---
One of the most significant requirements of the 10-Year Water Supply Facilities Work Plan is to
project the local government's needs for at least a 10-year period, identify and prioritize the
water supply facilities and sources of water that will be needed to meet those needs, and
include in the local government's Five-Year Schedule of Capital Improvements the capital
improvements identified as needed for the first five years. To date, the County's Water Master
Plan has been considered the County's official plan for water capital improvements and the
Update on CPSP-2007-6
Page 1 of 4
Agenda Item No. 10E
January 29, 2008
Page 2 of 21
basis for the 5-year Capital Improvement Schedule contained in the Capital Improvement
Element (CIE). The County's water master plan is incorporated into the GMP by reference.
During the State of Florida's 2005 legislative session, lawmakers revised state water law to
include a new statutory provision. Local governments within the Lower West Coast Planning
Area are required to prepare a 10-Year Water Supply Facilities Work Plan that identifies water
supply projects, and adopt revisions to comprehensive plans within 18 months following the
approval of the 2005-2006 Lower West Coast Water Supply Plan Update. The South Florida
Water Management District's (SFWMD) Governing Board approved the 2005-2006 Lower West
Coast Water Supply Plan Update on July 12, 2006. Therefore, Collier County must adopt the
proposed GMP text amendment that references the proposed 10-Year Water Supply Facilities
Work Plan by January 12, 2008 (or 18 months after the District Governing Board approved each
regional water supply plan) [so 163 3177(6)(c), F.S].
Public Utilities Engineering Department, in conjunction with the Comprehensive Planning
Department staff, has been diligently working towards meeting the County's statutory adoption
deadline of the 10-Year Water Supply Facilities Work Plan. Transmittal hearings were held with
the Collier County Environmental Advisory Committee on September 5, 2007; Collier County
Planning Commission on September 6, 2007; and Board of County Commissioners on
September 25, 2007. A transmittal packet of the amendment was subsequently sent on
September 28, 2007 to the Department of Community Affairs (DCA) as well as other State
agencies that are required by Florida Statues to review GMP amendments, and which include
the SFWMD. The 10-Year Water Supply Facilities Work Plan that was sent to DCA in
September, for the most part, was consistent with the latest SFWMD's Lower West Coast Plan
Update. The population methodology used was in accordance with the County's Annual Update
Inventory Report (AUIR) that was approved by the BCC on January 24, 2007.
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 by Collier
County did not include all the guidelines for preparing water supply facilities work plans, and will
be modified accordingly prior to adoption hearings of the Collier County 1 O-Year Water Supply
Facilities Work Plan.
On November 27, 2007, DCA sent the County an Objection, Recommendation and Comments
(ORC) report of the proposed amendment to the Potable Water Sub-Element of the GMP and
1 O-Year Water Supply Facilities Work Plan. The ORC report includes comments from the other
State agencies. Most notable in the ORC report are comments pertaining to consistency
between the 10-Year Water Supply Facilities Work Plan and the County's CIE, the need for
private utilities to be consistent with the level of service standard (LOSS) that has been
identified in the CIE of record, and the inclusion of alternative water supply sources in the
proposed 10- Year Water Supply Facilities Work Plan.
However, due to the sequence and timing of events, it is impossible at this time to be consistent
with the County's CIE and meet the statutory adoption deadline of January 12, 2008. The BCC
approved a Compliance Agreement between DCA and the County that includes petitioners-in-
intervention, setting forth the required remedial amendments to the CIE. The BCC will hold
/"" adoption hearings for the remedial amendments on January 29, 2008, with an anticipated
effective date in late April or early May of this year. 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
Update on CPSP-2007-6
Page 2 of 4
Agenda Item No. 10E
.January 29, 2008
Page 3 of 21
to be adopted on January 12, 2008 would be adopted at a subsequent date of the County's CIE
remedial amendments. If the County was to adopt its 1 O-Year Water Supply Facilities Work Plan
at this time, DCA would find the Plan not in compliance and issue a Notice of Intent to find the
Plan not in compliance. This would occur because of the CIE's remedial amendments
necessitated by the need to be financially feasible.
Because of the issues that were in the process of being resolved with DCA pertaining to the
County's CIE, County staff has been in communication with DCA staff since the onset of the
adoption process of the 10-Year Water Supply Facilities Work Plan in order to address the
issues associated with not meeting the statutory deadline (see attached e-mail correspondence,
Exhibit A). More recently, staff consulted with DCA, yet again, regarding the approach that the
County should follow to adopt a iQ-Year Water Supply Facilities Work Plan that is consistent
with the County's CIE.
As a result of this consultation, the County will delay the adoption of the 10-Year Water Supply
Facilities Work Plan until such time when the 10-Year Water Supply Facilities Work Plan is
consistent with the CIE on record. Such CIE, which in normal circumstances would be
scheduled for hearings in spring, may be significantly impacted by the outcome of the January
29, 2008 referendum, and consequently may not be presented to the BCe until early summer of
2008. The most important factor is that the work plan is consistent with the 2007 AlIlR
population methodology and associated portions of the AUIR pertaining to Potable Water.
".".,
Please note that there are no references in Section 163.31 n(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 is willing to work with
the County as to solving 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. The letter would be executed by the Chairman if so directed by the Board.
Concerning the comments about the need for private utilities (and other utilities in the CIE) to be
consistent with the LOSS in the CIE of record, the data provided as part of the transmittal
packet that was sent to DCA pertains to the actual consumptive rate of each private utility, and
not the LOSS in the GMP. The 10-Year Water Supply Facilities Work Plan is being revised to
refiect the LOSS in time for the adoption hearings. Furthermore, a LOSS for the Ave Maria
Utilities has to be determined and incorporated into the CIE that will tentatively be presented in
the surnmer. This is necessary as Ave Maria Utility is a new utility serving a portion of Collier
County outside the Collier County water service district.
Collier County has limited regulatory authority over privately held or investor owned utilities.
Therefore, it has been somewhat difficult to obtain all the necessary information. However, all
information required by DCA will be obtained prior to adoption of the Collier County 10-Year
Water Supply Facilities Work Plan in late spring. Currently, Collier County's CIE reflects a level
of service standard of 100 gallons per capita per day (gpcd) for privately held or investor owned
utilities. The revised 10-Year Water Supply Facilities Work Plan would reflect this level of
service standard. Collier County intends to continue to maintain coordination with the existing
private utilities, to the extent possible, that its limited regulatory authority allows under the law.
"."'.'"
The objection provided by DCA pertaining to the inclusion of alternative water supply sources in
the proposed 1 O-Year Water Supply Faciiities Work Plan is misguided and overstated. The BCC
has noted during the AUIR process the various alternative water supply sources and innovation
Update on CPSP-2007-6
Page 3 of 4
Agenda Item No. 10E
January 29, 2008
Page 4 of 21
undertaken by the Public Utilities Division in providing quality potable water to its residents. The
revised 1 O-Year Water Supply Facilities Work Plan and response letter to DCA, will reflect what
the Public Utilities Division determines is in the best interest of Collier County. Public Utilities is
in the process of addressing the issues identified in the ORC report. Furthermore, the
correspondence will emphasize the County's past, present, and future efforts with respect to the
use of alternative water supply and note with emphasis added that Collier County is on the
leading edge in the State of Florida.
FISCAL IMPACT:
There are no fiscal impacts associated with this update. Fiscal impacts will be determined at the
time of the 1 O-Year Water Supply Facilities Work Plan submittal.
LEGAL CONSIDERATIONS:
This Executive Summary has been reviewed and approved by the Office of the County Attorney.
STAFF RECOMMENDATION:
To have to Board of County Commissioners authorize the Chairman to execute and forward a
ietter to the DCA requesting that DCA continue to work with Collier County in order to adopt the
'IO-Year Water Supply Facilities Work Plan as soon as practicable
PREPARED BY:
Carolina Valera, Principal Planner
Comprehensive Planning Department
Update on CPSP-2007-6
Page 4 of 4
Item Number:
Item Summary:
Meeting Date:
Page 10f2
Agenda Item No. 10E
January 29, 2008
Page 5 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10E
To provide the Board of County Commissioners with an update on petition CPSP-2007-6, an
amendment to the Potable Water Sub~Element of the Public Facilities Element of the Growth
Management Plan, to add referenGe in Policy 1 7 to the proposed Collier County 1Q-Year
Water Supply Facilities Work Plan. in order 10 be consistent With the remedial amendments to
the Capital improvement Element, Qrdlriance 89-05, as amended: and to have the BCe
authOrize the ChaIrman to 8xecute and forward a letter to the Department of Community
,L.,ftairs (DC!"..) in reference to the adoption tln,81me of the aforementioned (;hJ\F' arnendm8nt
(Randy Cohen_ Comprehensive Planning Director)
i/29/20013 900:0D AM
Prepared By
GaroUna Valera
':;omrnunity Deve-lopmcmt &.
Environmental ":',enJices
Urban Design P!antl0f
:Jzte
Approved By
Zoning & land Dev,-~dopment Rev!ew
\d"U200B 4:25:00 PM
Randall J, Cohen
Community Development &
Environmental Services
G(Fnprehe\'5k~' [)12inninn [)eparttnent
Date
Director
Approved By
Comprehensive Planning
1114/20089:05 AM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
1/14/20085:48 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
1/15/2008 3:55 PM
Phil E Gramatges, P ,E.
Public Utilities
Sr. Project Manager
Date
Public Utilities Engineering
1/16/2008 12:49 PM
Approved By
Roy B. Anderson, P.E.
Public Utilities
Public Utilities Engineering Director
Date
Public Utilities Engineering
1/16/20084:26 PM
Approved By
David Weeks, Alep
Community Development &
Chief Planner
Date
Comprehensive Planning
1/17/200810:02 AM
file:IIC :\Agenda Test\Export\99-J anuary%2029, %202008\ 10. %20CO UNTY%20MANA GE...
1/23/2008
Page 2 of2
Agenda Item No. 10E
January 29, 2008
Page 6 of 21
Environmental Services
Approved By
,James W. Delony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Atimjnistration
1/22f2008 10:57 AM
Approved By
OMS Coordinator
()MB Coordinator
Date
County Manager's Office
Office of Management & Budget
1/22/2008 1 :43 PM
Appl'oved B)-'
iVlark ISdGksoi1
8udget '(,_'1:'1ly::'1
':-)3te
Count}' Manager's Office
-~:!tfic.c (If rVi~~nagern;::;nt &. :;:;udget
"i 122/2008 1: 54 PM
A.pproved By
,:amflS \1 Mudd
., '-'umy i'-Jjanaqi~f
-'z,'te
Soard of t">iunrv
'-:nmn'ii"SI(,,,~"rs
'-".unt}! ,.!l2:,:YiH' '; (\fr;cE
] 1:'2/2'::>03 :, .'d) !:'NI
file://C:\Agenda T est\Export\99-January%2029, %202008\ I O. %20CO UNTY%20MAN AGE...
1/23/2008
Agenda Item NO.1 OE
January 29, 2008
Page 7 of 21
STATE 01<- FLORlDA
DIVISrON 01<' ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY
AFF AIRS,
Petitioner,
And
FLORIDA WILDLLFE FEDERA nON and
COLLIER COUNTY AUDUBON SOCIETY.
In1ervenoTs~
'it'
c,.
DOAH Case No. 07-2317
COLUER COUNTY.
Respondent,
fInd
BUCKLEY ENTERPRlSES. HIDEOUT
GOLF CLUB, LTD., JOHN L. COW AN
and JANE ANN COWAN, TRUSTEES,
Intervenors.
I'ARTlAL STU'\JLATEI) SEnLE!\IENT AGREEMEN'l'
TillS STIPULATED SETTLEMENT AGREEMENT is entered into by and between
Petitioners the State of Florida, Department of Community Affairs, Petitioners-in-Intcrvention
Florida Wildlife Federation and Collier County Audubon Society, and Respondent Collier
County as a partial settlement of the claims raised in the above-styled proceeding, completely
resolving the issues raised by Ordinance Number 07-07.
Agenda Item NO.1 OE
January 29, 2008
Page 8 of 21
RECITALS
WHEREAS, the State of Florida, Department of Community Affairs (DCA or
Department), is the state land planning agency and has the authority to admmister and enforce
the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter
] 63, Part II, Florida Statutes; and
\VHEREAS. the Collier County (Local Government) is a local government with the duty
to adopt cOluprchensive plan amendments that are '"in compliance; ", anu
\VHEREAS. the Local Government adopted Comprehensive Plan Amendment 07.1 ER
/vnendmenl) on January 25. ;~OU7 - and
\V H FREAS, ,he Amendment updated the CDuntys Capltai Jmprovements Element ICrE)
Five-Year Schedule adopted by Ordinance Number 07-07: and
WHEREAS, the Department issued its Statement ofIntent on May 1, 2007, and
published its Notice of Intent regarding the Amendment on May 2, 2007; and
WHEREAS, as set forth in the Statement of Intent, the Department contends that the
Amendment is not "in compliance" [or a number ofreasons; and
WHEREAS, pursuant to Section 163.3184( I 0), Florida Statutes, DCA has initiated the
above-styled fonllal administrative proceeding challenging the Amendment; and
WHEREAS, the Local Government dispntes the allegations of the Statement of Intent
regarding the Amendment; and
WHEREAS, the patties wish to avoid the expense, delay, and uncertainty oflengthy
litigation and (0 resolve this proceeding under the (enllS set forth herein; and
2
Agenda Item No.1 DE
January 29,2008
Page 9 of 21
WIIEREAS, the Local Government has provided supporting data and analysis for the
remedial changes to the Capitallmprovcments Element (CIE) Five-Year Schedule; and
WHEREAS, the parties wish to resolve this portion of the pending proceeding under the
tenus set forth herein, and agree it is in thcir respective and the parties' mutual best interests to
do so;
NOW, THEREFORE, in consideration oflhe mutual covenants and promises
hereinbelow set forth, and in consideration of the benefits to accrue to each of the parties, the
receipt and sufficiency of which ale hereby acknowledged, the parties hereby represent and agree
as follows:
GENERAL PROVISIONS
I. pefinitio,m;. As us<:d in Ill,s Agreement, the fCJlIowing word.~ and phrases shall
have the following meanings:
a. Act: The Local Government Comprehensive Planning and Land
Development Regulation Act, as codified in Part fT, Chapter 163, Florida Statutes.
b. Agreement: This Stipulated Settlement Agreement.
c. Comprehensive Plan. Amendment or Plan Amendment: Comprehensive
plan amendment 07-IER adoptcd by the Local Government on January 25,2007, as Ordinance
Number 07-07.
d. DOAH.: The Florida Division of Administrative Hearings.
e. In compliance or into compliance: The meaning set forth in Section
163.3184(1)(b), Florida Statutes.
f. Notice: The notice of intent issued by the Department to which was
attached its statement of intent to find the plan amendment not in compliance.
3
Agenda Item NO.1 OE
January 29,2008
Page 10 of 21
g. Petition: The petition lor administrative hearing and relief filed by the
Department in this case.
h. Remedial Action: A remedial plan amendment, submission of support
document or other action described III the statement of intent or this Agreement as an action
which must bc completed to bong the Amendmenl into compliance.
L Remedial Plan Amendment: An amendment to the plan or SllppOlt
document, the need for wlllCh is identlf1ed in this Aio,'Teement, including its exhibits, and which
the local government must adopt to complcte all remcdlal actions. Remedial plan amendments
adopted pursuant to this Agreement lT1USL In the opinitnt of the Departnlcnt, be consistent w-ith.
and suhstantiaHy ~;lInilar in ~.~0nCCpl: and content to the ones Idcnllf]t~d in tins ./\greernent or he
cltheI\Ni se accqJlab1e to Ihe- DepCJJTmerd
.! Statement of Intcnt: The Statement of Intent to find the Plan Amendment
not in compliance issued by the Department in this case.
k. Support Document: The studies, inventory maps, surveys, data,
inventories, listings or analyses used to develop and support the Plan Amendment or Remedial
Plan Amendment.
2. Department PoweTs. The Depruiment is the state land planning agency and has
the power and duty to administer and enforce the Act and to determine whether the Amendment
is in compliance.
3. Negotiation of Agreement. The Department issued its Notice and Statement of
Intent to find the Amendment not in compliance, and filed the Petition in tllis case to that effect.
Suhsequent to the filing of the Petition the parties conferred and agreed to resolve in part the
issues in the Petition, Notice and Statement of Inlent through this Agreement. It is the intent of
~
Agenda Item NO.1 OE
January 29, 2008
Page 11 of 21
this Agreement to resolve fully all issues between the parties in this proceeding as pertaining to
Ordinance Number 07-07.
4. Cumulative Notice of Intent. If the Local Government completes the Remedial
Actions required by this Afo,'reement, the Depal1ment will issue a cumulative Notice of Intent
addressing both the Remedial Plan Amendment and the i\mendment that is the subject of this
proceeding The Dcpartment will file the cumulativc Notice of Intent with DOAH.
5. I2f~.~-J:jntjon ufPITJ\'i.ii_~~n.~ notJl1 (~-t!'DJ~11wH.:~~ and Remc,A1ilL:\ctlo!ls: Le~!al EfftTl
9f Agreenlenl. Exhibit A to this Agreement is a copy of the Statement of Intent, which identifies
the provisIons not in compliance. Exhibit B contains Remedial Actions needed for compliance
with respectlo Ordinance Number 07-07 updating the F.ve-)'ear Schedule of Capital
Improvements. Exhibits A and B arc incorporated in this Agreement by this reference. This
Agreement constitutes a stipulation that ifthe Remcdial Actions are accomplished, the
Amendment will be in compliance.
6 Remedial Actions to be Con~idered for Adoption. The Local Government agrees
to consider for adoption by formal action of its governing body all Remedial Actions described
in Exhibit B no later than the time period provided for in this Agreement.
7 Adoption or Approval of Remedial Plan Amcndments. Within 60 days after
execution of this Agreement by the parties, the Local Government shall consider for adoption all
Remedial Actions or Plan Amendments and amendments to the Support Documents. This may
be done at a single adoption heming. Within 10 working days after adoption ofthe Remedial
Plan Amcndment, the Local Government shan transmit 3 copies of the amendment to the
Department as provided in Rule 9J-II.OI 1(5), Florida Administrative Code. The Local
Govcrnment also shall submit one copy to the rCf,..;onaI planning agency and to any other unit of
5
!\g8nda Item NO.1 DE
.January 29,2008
Page 12 of 21
local or state government that has filed a written request with the governing body for a copy of
the Remedial Plan Amendment. The Remedial Plan Amendment shall be transmitted to the
Department along with a letter which describes the remedial action adopted for each part of the
plan amended, including references to specific portions and pages.
8. Acknowledgment. All parties to this Agreement acknowledge that the "based
upon" provisions in Section 163.3184(8), Florida Statutes, do not apply to the Remedial Plan
Amendment
'l. Review ()fRelllcdi?1 Plan /\mendments and Notice ofIntent, Within]O days
aHcr receipt of the adopted Remedial Plan Amendments and Support Documents. the
Deparlllicnt shaH issue a Not.ice of intent pursuant to SeCtion i 63 J 1840 [:Ionda Statutes, j()f :hc
adopted amendments In accordance \\Jllh thJS Agreement.
a. Tn Compliance: If the adopted Remedial Actions satisfy this Agreement,
the Department shall issue a Cumulative Notice of Intent addressing both the Amendment and
the Remedial Plan Amendment as being in compliance. The Department shall file tIns
Cumulative Notice with DOAH and shall move to have this procceding dismissed.
h. Not in Compliance: If the Remcdial Actions do not satisfy this
Ao!'ccment the Department shall issue a Notice of Intent to find the Plan Amendment not in
" ,
compliance and shall forward the notice to DOAH for consolidation with the pending
proceeding.
10. Effect of Amendment. Adoption of any Rcmcdial Plan Amendment shall not be
counted toward the frequency restrictions imposed upon plan amendments pursuant to Section
163.3187(1), Florida Statutes.
Ii
Agenda Item No. 10E
January 29, 2008
Page 13 of 21
II. Purpose of this A~reemc_Qt; Not Establishing Precedent. The parties enter into
this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and
unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of
disputes arising out of or related to the Amendment. The acceptance of proposals for purposes
of this AIo'Teement is part of a negotiated agreement affecting many factual and legal issues and is
riot an endorsement uf, and docs not establish precedent [or, the use of these proposals in any
other circumstances or by any other local government.
12.,~oval by Governing Bodv. This Agreement has been approved by the Local
Ciovemment's governing body at a public hearing advertised at ieast lO days prior 10 the hearing
in a newspaper of general circulation in the manner presenbed for advertisements in Section
] 63.3] 84( 16)( c). Florida Statutes. This Agreement has been executed by the appropnate officer
as provided in t11C Local Govemment's charter or other regulations.
13. Changes in Law. Nothing in this Agreement shall be construed to relieve either
party from adhering to the law, and in the event of a change in any statute or administrative
regulation inconsistent with this agreement, the statute or regulation shaH take precedence.
14. Other Persons Unaffected. Nothing in this Agreemcnt shall be deemed to affect
the rights of any person not a party to this Agreement. This Agreement is not intended to benefit
any third party.
15. Attorney Fees and Costs. Each party shall bear its 0\>011 costs, including attorney
fees, incurred in connection with the above-captioned case and this Agreement.
16. Effective Date. This Agreement shall become effective immediately upon
execution by the Department and the Local Government, and the Petitioners-in-lntervention.
7
Agenda Item NO.1 OE
January 29, 2008
Page 14 of 21
17. Filing and Continuancc. This Agreement shall be filed with DOAH by the
Department aftcr execution by the parties. Upon tbe filing of this Agreement, this administrative
proceeding shall be stayed by the Administrative Law Judge in accordance with Section
1633 I 84(16)(b), Florida Statutes.
18. Retention of Right to Final Hearing. Both parties hereby retain the right to have a
final hearing in this proceeding in the event of a breach ofthis A,,'reement, and nothing in this
Ab'1'eel11cnt shall be deemed a waiver of such light. Any party to this Af,'Teement may move to
have this matter set for heming ifit becomes apparent rhat ilny other party whose action is
required by .his Agreement is not proceeding in good flith to take that action,
10. (:onstruction.Qf A~I~CC!I!enL Ail parties to this /\gTeenlent arc dccrned 10 have
pa11icipated lI1 its dntfting. In the e'v'ent or an)' ambigwty in the terms oflhIS i\.greemcnt, the
partics al,'Tee that such ambiguity shall be construed without regard to which of the parties
dratled the provision in question.
20. Entire Agreemcnt. This is the entirc Agreement hetween the parties and no verbal
or written assurance or promise is effective or binding unless included in this document.
21. Govenmlental Diserction Unaffected. This Agreement is not intended to bind the
Local Government in the exercise of governmental discretion which is cx.ercisable in accordance
with Jaw only upon thc giving of appropriate public notice and required public hearings.
22. Multiple Originals. This Agreement may he executed in any number of originals,
all of whieh evidence one agreement, and only one of which need be produced for any purpose.
23. Captions. The captions inserted in this Agrcement are for the purpose of
convenience only and shall not be utilized to construe or interpret any provision of this
Agreement.
C
'.l
Agenda Item No.1 OE
January 29, 2008
Page 15of21
In witness whereof, the partics hereto have caused this Agreement to be executed by their
undersigned officials as duly authorized.
DEPARTMENT OF COMMUNITY AFFAIRS
Approved as to form and legality:
By:
--_._~"".,-~---_.~-~,"-"",,-~"--'"~
Lynette N orr
Assistant General Counsel
Charles Gauthier, AICP, Director
Division of Community Planning
Date
Date
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this_ day of
_._- 2007, by ________
.' who is personally
known to me or who has produced
as identification and
who did/did not take an oath.
Notary Public
DOAH Case No. 07-23l7GM
9
Agenda Item NO.1 OE
January 29, 2008
Page 16 of 21
COLLIER COUNTY
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES COLETTA, CHAIRMAN
Date
D:ltc:
Approved a..s 10 f{)rm and legal suftiClenC)':
7 " t! ~I !
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:\S:->lstant Counry Atl(lrnt.:y
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DOAH Case No. 07-2317GM
J()
Agenda Item No. 10E
January 29, 2008
Page 17 of 21
FLORIDA WILDLIFE FEDERATION
Approved as to form and legality:
By:
Thomas Reese, Esquire
Nancy Anne Payton
Date
Date
STATE OF FLORIDA
COUNTY OF COLLiER
The Joregoing instrument was acknowledged before me [his ____ day of
~.___.._.___..__..____..___' 2007, by .." ......._~_._.._____.
.............' who is personally
known to me or who has produced ____....
as identification and
who did/did not take an oath..
Notary Public
DOAH Case No. 07 -2317GM
II
I\genda Item NO.1 OE
January 29, 2008
Page 18 of 21
COLLlICR COUNTY AUDUBON SOCIETY
Approved as to foml and legality:
By:
Bradley Cornell
Thomas Reese, Esquire
Date
Date
')TATE OF FLORiDA
COI :NTY OF COLUER
The foregoing instrument was ackJlOwlcdged before me this
day of
, 2007, by
___' who is personally
known to me or who has produced ________.___.
as identification and
who did/did not take an oatil.
Notary Public
DOAH Case No. 07-2317GM
12
Agenda Item No. 10E
January 29,2008
Page 19 of 21
From: Ray. Eubanks@dca.state.fI.us [mailto: Ray. Eubanks@dca.state.fl.us]
Sent: Wednesday, December 26, 2007 7:23 AM
To: Cohen Randall
Subject: Re: Collier County 10 Water Supply Facilities Work Plan
Dear Randy,
I spoke with our legal department and we do understand the County's present situation and their
proposed method of handling these events: however, according to our legal department DCA does not
have the statutory authority to waive any of the statutory due dates outlined in Chapter 163, Florida
Statutes. The Department does look forward in working with the County to help resolve the outstanding
issues regarding the comprehensive plan.
Thanks
Ray Eubanks
Plan Review Administrator
Department of Community Affairs
Division of Community Planning
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
850-922-1767
Rav. Eubanks@dca,state.fl.us
"CohenRandall" <RandaIICohen@colliergov.net>
12/19/200711:26 AM
To <Ray.Eubanks@dca.state.fl.us>
cc "mudd.J" <JamesMudd@colliergov.net>, "SchmittJoseph"
<JosephSchmitt@col1iergov.net>, "DeLany _Jim~
<JimDelony@coliiergov.net>, ~weeks_d" <DavidW eeks@colliergov.net>,
"FrenchJames" <jamesfrench@colliergov.net>, "valera en
<CarolinaValera@colliergov.net> -
Subject Collier County 10 Water Supply Facilities Work Plan
Dear Ray,
Pursuant to our conversation of December 19'h, 2007, Collier County is in a predicament with respect to
adopting its final version of the 10-YearWater Supply Facilities Work Plan (Work Plan). Under normal
circumstances, Collier County would have been in a position to submit the adopted version of the plan in
a timely manner. However, as we discussed, Collier County is in a quandary as a result of DCA's Notice
of Intent to find the County's Capital Improvement Element (CIE) not in compliance. As we are both well
aware, 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
Comments report (ORC) which noted specific objections pertaining to the Work Plan.
Subsequent to the transmittal of the Work Plan, DCA and Collier County staff had a meeting of the minds
with respect to finalizing those portions of the ORC related In the CIE that were not in compliance. On
December 11 th, 2007, the Collier County Board of County Commissioners (BCC) authorized the Chairman
to execute the compliance agreement to then be forwarded to DCA. Collier County is awaiting word from
DCA that all other parties and appropriate interveners have executed the Compliance Agreement as well.
Agenda Item No. 10E
January 29, 2008
Page 20 of 21
Collier County can not adopt its Work Plan prior to January 12'h, 2008, 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 of the Remedial Amendments to the Collier County Growth
Management Plan (GMP), which would then include the CIE as set forth in the Compliance Agreement. If
Collier County acted otherwise it would result in creating an internal inconsistency with the GMP.
Therefore, as we discussed earlier this morning, Collier County is requesting that DCA provide a letter of
understanding that is consistent with this correspondence. In essence, Collier County will expedite its
remedial amendments as soon as practicable in order to adopt the Work Plan as soon as possible.
Please verify by return e-mail that the methodology to be undertaken by Collier County is consistent with
the intent of adopting a Work Plan that is consistent with the CIE and that the 2-3 month delay in
providing an acceptable Work Plan is consistent with the intent of DCA insuring that our Work Plan is
consistent with the County's CIE.
Your assistance to this morning is appreciated as always as we reached an amicable solution without
creating a monumental problem that would just be a by-product of time associated with an agreed upon
Compliance Agreement.
Please call at 239-213-7903 if you have any questions ill respect to this correspondence.
Very truly yours,
Randy Cohen, AICP
Comprehensive Planning Director
Collier County Government
Florida has a broad public records law and all correspondence, Including email addresses, may be
subject to disclosure.
Agenda Item NO.1 OE
January 29, 2008
Page 21 of 21
January 29, 2007
Florida Department of Community Affairs
Ray Eubanks, Plan Review Administrator
Division of Community Planning
2555 Shumard Oaks Blvd.
Tallahassee, Florida 32399-2100
RE: Collier County's 10-YearWater Supply Facilities Work Plan.
Dear Mr. Eubanks:
Pursuant to the conversation of December 191h, 2007, between Collier County staff and DCA staff, and
your e-mail response on December 26, 2007, Collier County is in an obvious predicament with respect to
adopting its final version of the 1 O-Year Water Supply Facilities Work Plan (Work Plan). Under normal
circumstances, Collier County would have been in a position to submit the adopted version of the plan in
a timely manner. However, as it was discussed between Collier County staff and DCA's staff, Collier
County is in a quandary as a resuil of DCA's Notice of Intent to find the County's Capital Improvement
Element (GIE) not in compliance. As DCA is aware, this is problematic as the Work Plan must be
~.onsistent with the CIE. Collier County transmitted the Work Plan in a timely manner and received from
DCA the Objections, Recommendations and Comments report (ORe) which noted specific objections
pertaining to the Work Plan. These objections are impossibie 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 Plan, DCA and Collier County staff had a meeting of the minds
with respect to finalizing those portions of the ORC related in the CIE that were not in compliance. On
December 11'", 2007, the Collier 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
parties and appropriate interveners, have executed the Compliance Agreement (See attached signed
agreement). Remedial Amendments to the CIE were adopted by the Collier County Board of County
Commissioners on January 29, 2006.
Collier County can not adopt its Work Plan prior to January 12'", 2006, 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) CIE. 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 intemal inconsistency with the GMP.
Therefore, as previously discussed 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 practicable.
DCA's expeditious responses and professionalism is appreciated, as always, as we reach an amicable
solution without creating a monumental problem that would just be a by-product of the time associated
with an agreed upon Compliance Agreement, and the subsequent Remedial Amendments, heard and
approved by the Collier County Board of County Commissioners on January 29, 2006.
Please call Randy Cohen, Comprehensive Planning Director, at 239-213-2903 if you have any questions
in respect to this correspondence.
Very truly yours,
Tom Henning, Chairman
Collier County Board of County Commissioners