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CCPC Agenda 01/16/2009 S PLANNING COMMISSION AGENDA CAPIT AL IMPROVEMENT ELEMENT (GMP) JANUARY 16, 2009 . I , Capital Improvement Element Of the Collier County Growth Management Plan CCPC Adoption Version 2.2, prepared for January 16,2009 Co~-y..... <::;;;Oun"ty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COMPREHENSIVE PLANNING DEPARTMENT HEARING DATE: JANUARY 16,2009 REVIEW OF PROPOSED AMENDMENTS TO THE CAPITAL IMPROVEMENT ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED; AND, RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. (ADOPTION HEARING) SUBJECT: BACKGROUND Chapter 163, Part II, Florida Statutes, also known as the Local Government Comprehensive Planning Act, requires all local governments within the State of Florida to maintain comprehensive planning programs based upon an adopted local government comprehensive plan. As part of this process, the local government must monitor changing conditions and must use this information to guide periodiC amendments to the local comprehensive plan alkla Growth Management Plan (GMP). More specifically, Section 163.3177(3)(b)(1), F.S., requires that the County's Capital Improvement Element (CIE) be reviewed on an annual basis in order to maintain a financially feasible 5-year Schedule of Capital Improvements. An amendment to the comprehensive plan is required to update the schedule on an annual basis, or to eliminate, defer or delay construction of any facility listed in the 5-year Schedule. The amendment process, which is to occur every year, as described in Section 163.3177(3)(b)(1), F.S., must occur this calendar year as the County, based on decreased demand on capital infrastructure and facilities, is proposing to delay and in some situations eliminate proposed infrastructure and facilities in the adopted 5-year Schedule of Capital Improvements. Pursuant to Section 163.3177(3)(b)(2), F.S., amendment to the Capital Improvement Element requires only a single public hearing before the governing board (BCC) as an adoption hearing. However, in keeping with the BCC's standing policy direction regarding GMP amendments, a second public hearing was scheduled for the Planning Commission (CCPC). Collier County's CIE was adopted as part of the Growth Management Plan in 1989. Subsequent amendments were adopted regularly until 2003, when EAR-based amendments were taken into consideration. An Evaluation and Appraisal Report (EAR) was adopted on July 27, 2004 and EAR- based GMP amendments were originally adopted January 25,2007 by Ordinance No. 2007- 07. The Florida Department of Community Affairs (DCA), which has oversight for comprehensive plans, GMP amendments, and EARs for all local governments, issued a Notice of Intent to find Collier County's most recent EAR-based CIE amendments not in compliance. In response, the County entered into a settlement agreement to resolve these noncompliance issues in 2007. Words underlined are added; words strusk thr-e~9h are deleted. - 1 - Amendments were made to the Capital Improvement Element as an outcome from the 2007 Partial Stipulated Settlement Agreement between Collier County, Petitioners-in-Intervention, and the Florida Department of Community Affairs, which were then approved by the Board of County Commissioners on December 11, 2007. These amendments to the CIE were adopted January 29, 2008 by Ordinance 2008-04, and are denoted by "(VIII)" in the document's margins. As a result of the Department of Community Affairs' objections to the 2006 EAR-based CIE amendments and the Stipulated Settlement Agreement finally entered into in January 2008, it was not possible to incorporate the 2007 Annual Update and Inventory Report (AUIR) into a 2008 CIE update as it would have followed immediately thereafter and resulted with immediate conflicts in data and analysis. The decision to wait until the 2008 AUIR to prepare the next financially feasible CIE was a decision ratified by the Board of County Commissioners. As it happens, the January 2008 CIE's Schedule of Capital Improvements covered the 5-year planning period for the fiscal years 2007 through 2011. Two years, not one, have passed since the preparation of previous CIE amendments commenced. The presently recommended CIE's Schedule of Capital Improvements covers the 5-year planning period for the fiscal years 2009 through 2013, and follows the 2008 AUIR adopted by the Board of County Commissioners. Amendments to the Capital Improvement Element recommended herein result from the adoption of the 2008 Annual Update and Inventory Report (AUIR) by the Board of County Commissioners on November 3, 2008, edits made/recommended by the County Attorney's Office review, additional staff analysis, and in some situations either combing or truncating projects based on major fluctuations in annual population projections and uncertain demand. Amendments were also made to the Capital Improvement Element edition adopted January 29, 2008 derived from the preparation and adoption of the companion Public School Facilities Element _ adopted October 14, 2008 by Ordinance No. 2008-55, and are denoted by "(IX)" in the document's margins. The amendments remain highlighted in these CIE materials, to reflect their relatively recent adoption and the fact that their formal effective date falls after the CCPC considers these recommendations but before the BCC holds its adoption hearing. STAFF ANALYSIS Growth/population estimates & projections have been falling since the issuance of the 2006 BEBR population projections, and were taken into account in the preparation of the County's Annual Update and Inventory Report (AUIR) and the CIE. The effects of these decreases have impacted the demand for public facilities and infrastructure with a corresponding reduction in the expenditure of revenues for them throughout the County. They are discussed generally herein and specific examples are included below. One of the more illustrative indicators is the traffic counts on County roads. The 2008 AUIR includes peak hour trip count logs in Attachment F, observations in Attachment B and mapped data in Attachment C of the Countv Roads section of the AUIR (pp. 15-22) illustrating an overall decline in peak hour directional volume from 2007. Traffic volume decreased an average of 10% from the peak hour trip counts reported the prior year. More than 20% of counting stations showed a decrease of greater than 10%. At count stations located at points along Golden Gate Boulevard, for example, first quarter 2008 counts were down 13.4 to 14.9% from the prior year; second quarter counts reflected a decline of 4.9 to 11.4% from the prior year. Second- and third-quarter 2008 traffic declined another 12 to 13 % from the first counts taken in 2008. Words underlined are added; words strcsl< throcSh are deleted. -2- Another indicator exemplifying population decreases is the students enrolled, or membership counts, in County schools. The Collier County School District membership reports from 2005 to 2008 provide the student counts in public schools, which illustrate a downward trend. .:. October 2005 counts report a total of 43,296 students attended County-wide. 21,002 children were enrolled in elementary schools, with 9,428 in middle schools, and 12,866 in high schools. .:. October 2008 counts report a total of 42,697 students attended County-wide. 20,581 children enrolled in elementary schools, with 9,516 in middle schools, and 12,600 in high schools. . Certain schools reported declines of 13 to more than 19 percent. Reduced traffic demand and school enrollment are symptomatic of an out-migrating populace and workforce, as well as foreclosures and speculators not closing on pre-sold residential units. This allows for a reduction in public expenditures devoted to capacity improvements, correlated with a reduction in capital project activity in the CIE Schedule of Capital Improvements. The amendments that are the subject of this staff report are limited in scope primarily to those recommended in the AUIR. As adopted in the AUIR, the County has revised certain levels of service standards (LOSS), as follows: . The LOSS for County Regional Park facilities decreased from 2.9412 acres per 1,000 population in FY 07 to 2.9 acres per 1,000 in FY 08; and, the LOSS for County Community Park facilities decreased from 1.2882 acres per 1,000 population in FY 07 to 1.2 acres per 1,000 in FY 08. All Community Park Land and Regional Park Land transactions are being facilitated through interdepartmental transfers exchanging land holdings for park lands, or using another method not involving expenditure of capital funds. One example is the 47 acre Randall Curve interdepartmental transfer in exchange for regional park land at Big Corkscrew Island Regional Park. These transactions represent changes to the value of land holdings only. . The LOSS for County Water facilities decreased from 185 gallons per capita per day (gpcd) in FY 07 to 170 gpcd in FY 08 in accordance with the 2008 Water Master Plan, approved by the BCC on June 24, 2008. The LOSS change and projected decrease in population growth reported in the AUIR have led to the existing potable water plants being able to maintain reliability longer without plant expansions or new plant construction. The following changes were made to match the June 11, 2008 population projections and resulting water demands: . NERWTP: Changed new 8.75 MGD plant construction in FY 14 to new 7.5 MGD plant construction in FY 18; Changed 6.0 MGD expansion in FY 23 to FY 26 . SERWTP: Changed new 8.0 MGD plant construction in FY 17 to new 6.0 MGD plant construction in FY 22 The following changes were made to new potable water plant constructed capacity schedule: . SCRWTP: Changed 8.0 MGD expansion in FY 07 and 4.0 MGD in FY 08 to 12.0 MGD in FY 08 to match new SCRWTP wellfield delivery schedule . NCRWTP: Changed 2.0 MGD high pressure RO expansion in FY 11 to FY 12 to match the 2008 Water Master Plan Words underlined are added; words stNsl, threcgh are deleted. -3- . The LOSS at the North County Water Reclamation Facility (NCWRF) decreased from 145 gallons per capita per day (gpcd) in FY 07 to 120 gpcd in FY 08 in accordance with the 2008 Wastewater Master Plan, approved by the BCC on June 24, 2008. The LOSS change and projected decrease in population growth reported in the AUIR have led to the existing wastewater treatment plants being able to maintain reliability longer without plant expansions or new plant construction. The following changes were made to match the June 11, 2008 population projections and resulting water demands: . NCWRF: Deleted 6.5 MGD expansion in FY 15 . NEWRF: Changed 4.0 MGD plant construction in FY 15 to FY 18 . SEWRF: Changed 4.0 MGD plant construction in FY 17 to FY 18; Changed 2.0 MGD expansion in FY 22 to FY 24; Deleted 2.0 MGD expansion in FY 26 As a result of the adoption of revised aforementioned levels of service standards, the County is provided with a new baseline, or starting inventory, for re-establishing a capital improvement planning program for these facilities. Though not necessarily recommended by the AUIR, general updating and word-smithing ("housecleaning") amendments are allowed as part of this amendment process; these include updating ordinance numbers, including listings previously absent and only referenced as being identified in other Sub-Elements, referencing new (2008) Master Plans or other studies, revising/correcting government agency names or Statutory cites, word-smithing and reformatting, etc. Furthermore, additional data and analysis supporting the proposed changes are required by Florida Statutes and Florida Administrative Code for review by the Florida Department of Community Affairs. The data and analysis are in the form of support documentation and not incorporated into the CrE. The economic realities that impacted development and growth during the last two years have demanded adjustments in planning and growth management that may have not been experienced before. This is the first time our Capital Improvement program requires us to deal with falling population projections, declining school enrollment, an out-migrating populace and workforce, and diminishing demand on capital infrastructure and services. The affects of these new realities can be seen in nearly every planned public project and capital improvement. Our levels of service can be maintained longer than previously projected, or can be achieved at later dates where projects were scheduled to address deficiencies. An indirect effect of decreasing demand for new facilities and services are revenues associated with new development. Until new development occurs. the demand for new capital infrastructure, services, and associated revenue will remain stagnant as demand and anticipated revenue are inextricably intertwined. Finally, other factors attributable to the economy that warrant consideration are changes apparent in the day-to-day practices of the residents, workers and visitors in Collier County. People are conserving more and consuming less, extending the life of existing facilities and forestalling the need for new facilities. Numerous County personnel collaborated extensively with Comprehensive Planning staff in preparing this edition of the CIE - including Transportation Planning, Stormwater Management, Public Facilities (Parks & Recreation), Public Utilities (Potable Water, Wastewater & Solid Waste) and the Office of Management and Budget. Division Administrators for each of these areas have reviewed and approved the content of the proposed CIE amendments as submitted to the CCPC. Words underlined are added; words .tr~Gk threcgh are deleted. -4- ~OTE: elE Items appearing in BRICHT GREEN PRINT draw attention to entries from the Seeond ZOOS ClE, which included "Publie School bcihties" provisions, adopted October 14, ZOOS by the Becl ~OTE: elE Items appearing in RED PRINT draw attention to the ALTIR-based amendments, including revised adopted levels of service (LOS); staff suggested revisions including minor edits throughout, modifying Objectives to read like objedilles and Policies to read like polideJ; removing asterisked notes that are now outdated, updating terminology to add "wastewater treatment" to sanitary sewer entries; and other modifications, as noted throughout.] Words underlined are added; words _tru_I, threcgh are deleted. -5- r--.linof text change~ wefe made as part of "Public School hlCililles" pronslons, adopted (ktober 1-+. 200H by the Bee, as highlighted 111 green prInt below: Minor changes are tecommended as noted below: TABLE OF CONTENTS I. INTRODUCTION . II. CAPITAL IMPROVEMENT GOALS. OBJECTIVES AND POLICIES . III. IMPLEMENTATION SCHEDULE OF CAPITAL IMPROVEMENTS 5-YEAR SCHEDULE Road Projects Park and Recreation Projects Stormwater Management Projects Potable Water Projects Solid Waste Projects Sewer - Wastewater Projects Public School Facilities Projects . IV. COST AND REVENUE SUMMARY TABLE Footnotes . V. PROGRAMS TO ENSURE IMPLEMENTATION . VI. DOCUMENTS ADOPTED BY REFERENCE The District School Board of Collier County Five-Year Capital Improvement Program' VII. DATA AND ANALYSIS (Support Documents) Public Facility Requirements Capital Improvement Projects Capital Improvement Financing Capacity The District School Board of Collier County Five-Year District Facilities Work Program Timing & Location of Capital Improvements: Current Local Practices Financing Plan Collier County Annual Update & Inventory Report (AUIR) on Public Facilities Schedule of Capital Improvements for Future 5-Year Period~ Itemized Revenue Source Explanations" East of CR 951 BridQe Report PaQe CIE -1 CIE - 2 CIE - 12 CIE - 13 - 25 CIE - 26 CIE - 27 CIE - 28 Appendix A Appendix B Appendix C Appendix 0 Appendix E Appendix F Appendix G Appendix H Appendix I Appendix J . Adopted portions. .. Portions not adopted but part of SUIlPorting data and analysis pr-ovided to DellartFl1ent of Community ,^,ffairs as altaohmonts to the Januar/ 2008 SeltloFl1ent l\groeFl1eAt Plan amcndment materials. Note: Support documents will be updated as current information becomes available. Words underlined are added; words .truel, lhre"gh are deleted. - 6- Minor text changes are recommended as noted below: I. INTRODUCTION In 1985 and 1986, the Florida Legislature significantly strengthened the requirements for county and city comprehensive plans. One of the provisions of the Local Government Comprehensive Planning and Land Development Regulation Act is the requirement that the comprehensive plan must contain a Capital Improvement Element to "...consider the need for and the location of public facilities..." (Section 163.3177(3), Florida Statutes). The Capital Improvement Element (CIE) must identify public facilities that will be required during the next five years, including the cost of the facilities, and the sources of revenue that will be used to fund the facilities. One of the specific requirements of the legislation states that the public facilities that are contained in the CIE must be based on "standards to ensure the availability of public facilities and the adequacy of those facilities including acceptable levels of service." The administrative regulation that implements the statutes defines the phrase "level of service" as "...an indicator of the extent or degree of service provided by... a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility." (Section 9J-5.003 t4B (62). Florida Administrative Code). [['his defInition is currently numbered "(62)" in section of 9}5.003.] II. CAPITAL IMPROVEMENT GOALS. OBJECTIVES AND POLICIES GOAL: TO PROVIDE ADEQUATE PUBLIC FACILITIES CONCURRENT WITH NEW DEVELOPMENT IN ORDER TO ACHIEVE AND MAINTAIN OR EXCEED ADOPTED STANDARDS FOR LEVELS OF SERVICE. OBJECTIVE 1 Policy 1.1: Minor text changes are recommended for internal consistency as noted below: Minor rext changes were made as part of "Public Sehoo] Faeilities" provisions, adopted October 14, 200K bv the flee, as highlighted in green print below: The County shall establish standards for levels of service for public facilities, as follows: Public facilities are facilities which appear in other elements of this comprehensive plan, including arterial and collector roads, surface water management systems, potable water systems, sanitary sewer and wastewater treatment systems, solid waste disposal facilities, parks and recreation facilities, and public school facilities. The standards for levels of service of County provided public facilities shall apply to development orders issued by the County, aAEI to the County's annual budget, and to the appropriate individual element of this GQomprehensive PQlan. The standards for levels of service of public facilities which are not County provided shall apply to development orders issued by th!;l County and to the appropriate individual element of this GQomprehenslve PQlan, but shall not apply to the County's annual budget. Policy 1.2: Minor text changes are recommended as noted below: . .. ... **** ***** **** ... .. . Words underlined are added; words stru.l, lhrscgh are deleted. - 7- B. The Board of County Commissioners shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE). Golden Gate Area Master Plan IGGAMP) or Immokalee Area Master Plan (lAMP) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on both the variable "D" in the formula Q = (S x D) - I, and the overall County transportation system. The Board shall not approve any such petition or application which would directly access a deficient roadway segment or if it impacts an adjacent roadway segment that is deficient, or which significantly impacts either: (1) a deficient roadway segment or adjacent roadway segment; or (2) the seasonal population based upon the Bureau of Economic and Business Research at the University of Florida (BEBR) medium range growth rate population projections, for all public facilities, for the variable "D", unless one of the three items listed below simultaneously occurs: (a) Specific mitigating stipulations are approved in conjunction with the rezone or SRA designation resolution, conditional use petition, or FLUE amendment, to restore or maintain the Level of Service on the impacted roadway segment; C. Significant impact is hereby defined for Section B of this Policy as. an impact generating potential for increased countywide population greater than 2% of the population projections for parks, solid waste, potable water, sanitary sewer and wastewater treatment, and drainage and stormwater manaaement facilities, or as generating a volume of traffic equal to or greater than 2% of the adopted LOS standard service volume of an impacted roadway. D. There are three circumstances in which the standards for levels of service are not the exclusive determinant of the need for a public facility: 3. Public facilities that provide levels of service in excess of the standards adopted in this Growth Management Plan may be constructed or acquired at any time as long as the following conditions are met: a. the faCility does not make financially unfeasible any public facility of the same type that is needed to achieve or maintain the standards for levels of service adopted in this Growth Management Plan, and b. the facility does not contradict, limit or substantially change the goals, objectives and policies of any element of this Growth Management Plan. Any public facility that is determined to be needed as a result of any of the factors listed in Section B aM or Section D of this Policy shall be included in the regular Schedule of Capital Improvements contained in this Capital Improvement Element. All capital improvement projects for such public facilities shall be approved in the same manner as the projects that are identified according to the quantitative analysis described in Section A of this f),Eolicy. Population definitions as used in this Capital Improvement Element and other elements are provided below. Permanent Population is the population projection figure based on Bureau of Economic and Business Research at the University of Florida (BEBR) medium range growth rate population projections. The population projection figure is then converted from April 1 to October 1, which is the ~ginning of the fiscal year for Collier County. Seasonal Population is the BEBR population figure (described above) converted to its October 1 figure, increased by 20% for all areas of the County to reflect the increase of seasonal part-time residents and visitors. Words underlined are added; words struGk 1Il"'"gh are deleted. - 8- Unincorporated Area Seasonal Population is the seasonal population figure (described above) for unincorporated Collier County only, adjusted to represent how seasonal residents utilize certain park facilities differently. . .. ... **** ***** **** ... .. . Policy 1.5: Minor text changes are recommended as noted below: f\Jinor text changl'~ Weft' nlade a~ part of "Public School Facilities" provisions. adopted ()ctobCf 14, lOOH by the Bee, as highlighted in green pnnt below: The standards for levels of service of public facilities shall be as follows: . .. ... **** ***** **** ... .. . C. County Surface Water Management Systems: 1. Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74-50 and 90-10. 2. Existing "private" developments and existing or future public drainage facilities - those existing levels of service identified (by design storm return frequency event) by the completed portions of the Water Management Master Plan as listed in the DrainagelWater Management Sub-e!;lement of the Public Facilities Element. D. County Potable Water Systems: 1. County systems: County Water District = ~ 170 gallons per capita per day 2. Municipal svstems: City of Naples = 185 gallons per capita per day in the unincorporated service area Everglades City = 185 gallons per capita per day in the unincorporated service area 3. Private potable water systems /Independent district svstems: Scvlago Water flow design standards as identified in Policy 3.1 of the Potable Water Sub-e!;lement of this Growth Management Plan. Oranaetree Utilities = 100 aallons per capita per dav Immokalee Water and Sewer District = 105 aallons per capita per dav Florida Governmental Utilitv Authoritv = 109 aallons per capita per dav Ave Maria = 110 aallons per capita per dav within service area E. County Sanitary Sewer and Wastewater Treatment Systems: 1. County systems: North Sewer Service Area = ~ 120 gallons per capita per day South Sewer Service Area = 100 gallons per capita per day Southeast Sewer Service Area = 120 gallons per capita per day Northeast Sewer Service Area = 120 gallons per capita per day Words underlined are added; words SINSI, thre~gh are deleted. -9- 2. Municioal svstems: City of Naples = 145 gallons per capita per day in the unincorporated service area Everolades Citv = 100 oallons oer caoita oer day 3. Private sanitary sewer and wastewater treatment systems: Sewage flow design standards as identified in Policy 2.1 of the Sanitary Sewer Sub-e!;lement of this Growth Management Plan. Oranoetree Utilities = 100 oallons oer caoita oer day Immokalee Water and Sewer District = 100 oallons oer caoita oer dav Florida Governmental Utility Authority = 100 oallons oer caoita oer dav Ave Maria = 110 oallons oer caoita oer day within service area F. County Solid Waste Disposal Facilities: 1. Two years of constructed lined cell capacity at the average disposal rate for the previous three (3) years. 2. Ten years of permittable capacity at the average disposal rate for the previous three (3) years. G. County Park and Recreation Facilities: 1. Regional Park land 2. Community Park land 3. Recreation Faoilities = 2.9412 2.9 acres per 1,000/pop. = 1.2882 U acres per 1,000/pop. (unincorporated) $270.00 capital investmont per capita H. Public School Facilities: 1. Elementary schools 2. Middle schools 3. High schools = 95 percent (0.95) of CSA Enrollment / FISH Capacity = 95 percent (0.95) of CSA Enrollment / FISH Capacity = 100 percent (1.00) of CSA Enrollment / FISH Capacity OBJECTIVE 2 (FINANC/AL FEASIBILITY): :\finOf text changes are recommended as noted below: Text changes \\'ere maul' as pan of "Public School hlcdirics" pn)\'iSlOI1S, adopted ()ctnber 14,2008 by the Bee, as highlIghted In green print below; Provide public facilities, as described in Policy 1.1 above, in order to maintain adopted level of service standards that are within the ability of the County to fund, ef within the County's authority to require others to provide, or as provided by the School District within their financially feasible Five-Year Capital Improvement Plan, formally adopted by the School Board between July 1 and October 1 Elf each year. Anv and all off-site imorovements associated with new schools and school exoansions shall be the sole resoonsibilitv of the Collier Countv School Board unless Collier Countv and the Collier Countv School Board aoree to an alternative fundino mechanism. With the exception of public school facilities, existing public facility deficiencies measured against the adopted level of service standards will be eliminated with revenues generated by ad valorem taxes and other intergovernmental revenues received based on economic activity. Future development will bear a proportionate cost of facility improvements necessitated by growth. Future development's payments may take the form of, but are not limited to, voluntary contributions for the benefit of any public facility, impact fees, dedications of land, provision of public facilities, and future payments of user fees, special assessments and taxes. Words underlined are added; words slrusk thrs"gh are deleted. - 10- Policy 2.1: Policy 64- 2.2: Policy ~ 2.3: Policy ~ 2.4: Minor text changes are recommended for internal consistency as noted below: Public facilities financed by County enterprise funds (i.e., potable water, sanitary sewer and wastewater treatment. and solid waste) may be financed by debt to be repaid by user fees and charges for enterprise services, or the facilities may be financed from current assets (i.e., reserves, surpluses and current revenue). Policy M 2.5: Policy ~ 2.6: The County shall not provide a public facility, nor shall it accept the provision of a publiC facility by others, if the County is unable to pay for the subsequent annual operating and maintenance costs of the facility. Policy U 2.7: Minor text changes are recommended as noted below: The County shall continue to collect Road Impact Fees for road facilities requiring the same level of service standard as adopted in Policy 1.5 of this eglement in order to assess new development a pro rata share of the costs required to finance transportation improvements necessitated by such development. Policy'J;l. 2.8: Minor text changes are recommended as noted below: Ivlinor text changes were made as parr of "Public School Faciliries" provISIOns, adopted October 14, 200H by the Bee, as highlighted in green print below: The County shall continue to collect impact fees for Parks and Recreation facilities and Public Schools requiring the same level of service standard as adopted in Policy 1.5 of this eglement in order to assess new development a pro rata share of the costs required to finance Park and Recreation improvements and Public Schools necessitated by such development. Policy U 2.9: If, for any reason, the County cannot provide revenue sources identified as needed funding for specific projects within the County's adopted Schedule of Capital Improvements, the Growth Management Plan shall be amended based on one or more of the following actions: C. Where feasible, transfer funds from a funded Nnon-Capitallmprovement Element capital project in order to fund an identified deficient Capital Improvement Element public facility. The resulting revisions shall be reftected in the required annual update. Policy ~ 2.10: OBJECTIVE 3 (PUBLIC EXPENDITURES: COASTAL HIGH HAZARD AREA): Minor text changes are recommended in response to a need for consistency, Objectives are modified as shown below: Effective with plan implementation, limit public expenditures in the coastal high hazard area st:lall 80 Iimitod to those facilities, as described in Policy 1.1 above, needed to support new development to the Words underlined are added; words strcsl< lAro"gh are deleted. - 11 - extent permitted in the Future Land Use Element. In aeeition, public o)(penditures shall inollJae tho maintenanGe of existing public faeilities ane beaeh ronourishment, and may inGiudo beach, sRow and wateF\'o'ay aoooss. Policy 3.1: Minor text changes are recommended for internal consistency as noted below: The County shall continue to expend funds within the coastal high hazard area for the replacement and maintenance of public facilities identified in the Conservation and Coastal Management Element including, but not limited to arterial and collector roads, sanitary sewer service and wastewater treatment systems, potable water supply systems, surface water management systems, solid waste collection and disposal systems, natural groundwater aquifer recharge areas, and park and recreation facilities. . .. ... **** ***** **** ... .. . Policy 3.3: l\finor text changes are recommended in response to a need for consistency, Policies afe modified as shown below: The County shall continue to support public access to beaches, shores and waterways. Such suooort shall include public expenditures for the maintenance of existing public facilities and beach renourishment, and may include oublic exoenditure for beach. shore and waterway access. OBJECTIVE 4 (PROVIDE NEEDED IMPROVEMENTS): \hnor text changes are recommended in response to a need for consistency, ()bjectives are modified as shown below: j\1inor text changes were 111ade as part of "Puhlic ~ch()(Jl J'<IcdiriL's" prc)\'!S!Olb, ad()ptnl (ktober 14, ~()OH bv the Be<:, as highlighted in green prInt below: +Re-GCoordinate County shall its land use planning and decisions with its plans for public facility capital improvements, as described in Policy 1.1 above, by providing needed capital improvements for replacement of obsolete or worn out facilities. eliminating existing deficiencies, and future development and redevelopment caused by previously issued and new development orders. Policy 4.1 : The County shall provide. or arrange for others to provide, the public facilities listed in the Schedule of Capital Improvements. The Schedule of Capital Improvements shall be updated annually and may also be modified as follows: A. Pursuant to Florida Statutes, 163.3187, the Schedule of Capital Improvements may be amended two times during any calendar year, and as allowed for emergencies, developments of regional impact, and certain small scale development activities. B. Pursuant to Florida Statutes, 163.3177, the Schedule of Capital Improvements may be adjusted by ordinance not deemed to be an amendment to the Growth Management Plan for corrections, updates, and modifications concerning costs; revenue sources; or acceptance of facilities pursuant to dedications which are consistent with the plan. . .. ... **** ***** **** ... .. . Text changes were made as part of "Public School bcilities" pn,,"isions, adopted Oetober I -t, 2008 bv the flee, as highlighted in green print below: Words underlined are added; words stfUok lhre"gh are deleted. - 12- Policy 4.2: By December 1 of each year, the County shall adopt, by reference, into its Capital Improvement Element, the School District's annually updated financially feasible Five-Year Capital Improvement Plan and the District Facilities Work Program in order to achieve and maintain the adopted level of service standards for Public School Facilities. The School District Five-Year Capital Improvement Plan shall identify the financially feasible school facility capacity projects necessary to address existing deficiencies and future needs based on achieving and maintaining adopted LOS standards for schools. The District Facilities Work Program, prepared by the School District pursuant to Section 1013.35(1)(b). F.S., shall be adopted as part of the data and analysis in support of the School District's Five-Year Capital Improvement Plan. Adoption of the School District's Capital Improvement Plan shall occur beginning with the District School Board of Collier County Capital Improvement Plan FY 09-28, approved on April 15, 2008 and subsequently amended on May 15, 2008; and, the District Facilities Work Program FY 09-13. adopted by the School Board on August 21, 2008. Updates to the CIP and Work Program shall occur annually thereafter. The adoption of the School District's Capital Improvement Plan does not oblioate the Countv in any shape. manner or form to provide financino for anv off-site capital improvements for new schools or the expansion of existino schools unless mutuallv aoreed upon bv the Collier Countv School District and Countv Board. Policy 4.3: All public facility capital improvements shall be consistent with the goals, objectives and policies of the appropriate individual element of this Growth Management Plan. Policy 4.4: The County shall include in the capital appropriations of its annual budget all the public facility projects listed in the Schedule of Capital Improvements for expenditures during the appropriate fiscal year. Policy 4.5: The County shall determine, prior to the issuance of final site development plans, final plats and building permits whether or not there is sufficient capacity of public facilities to meet the standards for levels of service for existing population and the proposed development. No final site development plan, final plat, or building permit shall be issued unless the levels of service for the resulting development will meet or exceed the standards in Policy 1.5 Public Facilities, and meet or exceed the requirements for Concurrency Management as outlined in the policies within Objective 5 of this Element. Policy 4.6: :"-'Iinor text changt.s were made as part of "Public Sehoo] FacilitIes" pro\'isions. adopted (Jctober 14. 2008 by the BCC. as highlighted in green print bel",\,: Public facilities and services provided by Collier County with public funds in accordance with the Schedule of Capital Improvements in this Capital Improvement Element will be limited to Service Areas established within the boundaries designated on Figure PW-1 and Figure PW-1.1 "Collier County Water District Boundaries", and Figure PW-2 and Figure PW-2.1 "Existing and Future Potable Water Service Areas", in the Potable Water Sub-Element of the Public Facilities Element, and on Figure SS-1 and Figure SS-1.1, "Collier County Sewer District Boundaries", and Figure SS-2 and Figure SS-2.1, "Existing and Future Sewer Service Areas", in the Sanitary Sewer Sub-Element of the Public Facilities Element. Road and Public School improvements will be provided as designated in their respective Schedule of Capital Improvements appearing in this Capital Improvement Element. All other public facilities and service types will be provided on a countywide availability basis. Policy 4.7: The County shall ensure that publicly funded buildings and publicly funded development activities are carried out in a manner that demonstrates best practice to minimize the loss of life, property, and re- Words underlined are added; words strcsk IIlrocgh are deleted. - 13- building cost from the effects from hurricanes, flooding, natural and technological disaster events. Best practice efforts may include, but are not be limited to: a. Construction above the flood plain; b. Maintaining a protective zone for wildfire mitigation; c. Installation of on-site permanent generators or temporary generator emergency connection points; d. Beach and dune restoration, re-nourishment, or emergency protective actions to minimize the loss of structures from future events; e. Emergency road repairs; and, f. Repair and/or replacement of publicly owned docking facilities, parking areas, and sea walls. OBJECTIVE 5 (CONCURRENCY MANAGEMENT): Minor text changes are recommended in response to a need for formatting consistency, Objectives are modified as shown below: ~J;nsure that public facilities, as described in Policy 1.1 above, and services needed to support development are available concurrent with the impacts of such development. In response to a need for formatting consistency, Policies ace tnodified and minor text changes are recommended as shown below: Policv 5.0.1: lIhe County's Concurrency Management System shall ensure that the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur. Policv 5.0.2: The County shall establish a regulatory and monitoring program to ensure the scheduling, funding and timely construction of public facilities concurrent with, or prior to, the issuance of a final site development plan, final plat or a building permit to achieve and maintain adopted level of service standards. Policy 5.1: J\.Jinor text changes are rccotntnended as noted helo\v, and to maintain internal consistency with other Elements of the GM!': 0.Iinor text changes were made as part of <'Publtc School hlCilitll's" pr()YlSIOIlS. adopted ()ctober 14, 2()()H hI' the fI( J:. as highhghted in green rnnt hel, J\\: The concurrency requirement for the Potable Water, Sanitary Sewer and Wastewater Treatment, Drainage and Solid Waste Level of Service Standards of this Growth Management Plan will be achieved or maintained if anyone of the following standards of the Concurrency Management System are 12 met: A. The necessary facilities and services are in place at the time a final site developmentplan, final plat or building permit is issLled; or B. The necessary facilities and services are under construction at the time a final site_development plan, final plat or building permit is issued; or C. The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of paragraphs A and B of this policy. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Words underlined are added; words strusll lhrecgh are deleted. - 14- Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. The agreement must guarantee that the necessary facilities will be in place when the impacts of the development occur, pursuant to Section 163.3180. Florida Statutes. . .. ... **** ***** **** ... .. . Policy 5.3: The concurrency requirement of the Transportation Level of Service Standards of the Growth Management Plan will be achieved or maintained if anyone of the following standards of the Concurrency Management System is met: A. The necessary facilities and services are in place at the time a final site development plan, final plat or building permit is issued; or B. The necessary facilities and services are under construction or the contract for such facilities and services has been awarded, accepted, and duly executed by all parties at the time a final site development plan or final plat is issued; or C. The necessary facilities and services are under contract or under construction in the first or second year of the Schedule of Capital Improvements, and the Collier County Annual Budget adopted following each AUIR reflects the projects set forth in the first year of said Schedule; or D. The necessary facilities and services are under construction or under contract pursuant to a FDOT 5-Year Work Program and are consistent with the Collier Countv 2025 Lonq Ranqe Needs Plan or the 2030 Lonq Ranqe Transportation Plan (LRTP). as adopted bv the Collier Countv Metropolitan Planninq Orqanization (MPO); or E. The final local development order is for a project located within a TCEA or TCMA designated pursuant to this Plan and meets the applicable requirements of Policies 5.4 through 5.7 of the Transportation Element; or . .. ... **** ***** **** ... .. . Text changes were made as part of "Public School Facilities" proyisiollS, adopted (lctoher 1 +, 200H hI' the flee. as highlighted in green print below: Policy 5.4: The concurrency requirement of the Public School Facilities level of service standards of the Growth Management Plan will be achieved or maintained if anyone of the following standards of the Concurrency Management System is met: A. The necessary capital facilities and services, includinq requisite off-site improvements, are in place at the time a final site development plan, final plat or functional equivalent is approved; or B. The necessary capital facilities and services. includinq requisite off-site improvements. are under construction or the contract for such facilities and services has been awarded, accepted, and duly executed by all parties at the time a final site development plan, @f final plat or functional equivalent; or C. The necessary capital facilities and services, includinq requisite off-site improvements. are found in the first, second or third year of the School District of Collier County's financially feasible Five-Year Capital Improvement Plan, as identified in Policy 4.2, and as formally adopted by the School Board Words underlined are added; words .tr~sk thre~gh are deleted. - 15- between July 1 and October 1 each year. and as adopted by reference by December 1 of each year, at the time a final site development plan, final plat or functional equivalent is approved; or D. The necessary capital facilities and services. includinq requisite off-site improvements. are the subject of a binding commitment with the developer to contribute proportionate share funding as provided for in Policy 2.4 of the Public School Facilities Element. if applicable, or to construct the needed facilities Policy 5.5: The County shall continue to implement a Concurrency Management System, as identified in Sections 6.02.02 and 10.02.07 of the Collier County Land Development Code, which shall include a regulatory program and monitoring system consistent with this Growth Management Plan and consistent specifically with the policies under Objective 5 of this Capital Improvement Element. The monitoring system shall enable the County to determine whether it is adhering to the adopted Level of Service Standards and Schedule of Capital Improvements. . .. ... **** ***** **** ... .. . Minor text changes are recommended as noted below: i\finor text changes \\crc made as pan of "Puhlic ':-;chool J.'acllities" proV1s1ons, adopted (ktober 14, 100X by the Bee, as highlighted 111 grccn print hc]o\\-: III. IMPLEMENTATION SCHEDULE OF CAPITAL IMPROVEMENTS . .. ... **** ***** **** ... .. . Each project is consistent with the level of service standards as identified within this e~lement and the appropriate individual element of this Growth Management Plan. Collier County has adopted a two-year Concurrency Management System. Figures provided for years three, four and five of this Schedule of Capital Improvements are not part of the Concurrency Management System but are subjcot to proportionatc share must be financiallv feasible with a dedicated revenue source or an alternative revenue source if the dedicated revenue source is not realized. Figures provided for years six through ten of the Schedule of Capital Improvements are estimates of revenues versus project costs but do not constitute a long term concurrency system. All public facilities shall be consistent with the County's Capital Improvement Element, pursuant to Section 163.3177(3)(b)1, Florida Statutes. [NOTE: The paragraph above regarding Collier eounty's concurrency management system appears as an informational disdaimer, or footnote, at the bottom of each table in the Schedule of eapital Improvements. The same revision as appears above has been made to those footnotes.] . .. ... **** ***** **** ... .. . Words underlined are added; words strusk threcgh are deleted. - 16- THE 5-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS Additional remarks regarding the 5- Year Schedule of Capital Improvements appear in Appendix A and Appendix B to this Staff Report. . .. ... **** ***** **** ... .. . Collier County Schedule of Caoitallmorovements Public School Facilities Proiects For the purpose of school concurrency, and in accordance with Policy 4.2, the County hereby incorporates, by reference, the School District's Capital Improvement Plan FY 09-28, approved on April 15, 2008 and subsequently amended on May 15, 2008; and. the District Facilities Work Program FY 09-13, adopted by the School Board on August 21, 2008 is hereby incorporated as data and analysis. . .. ... **** ***** **** ... .. . Words underlined are added; words strusl, thre"gh are deleted. - 17- V. PROGRAMS TO ENSURE IMPLEMENTATION . .. ... **** ***** **** ... .. . Minor text changes are recommended as noted below: T\linor text changes were nude ,1S pan of "Public School hlcilincs" pn>Ylsiol1s. adopted (ktobcr 14-, ~OOX bl' the Be( , as highhghted III green prInt helow: 1. Development Order Review As part of the review of all applications for final site development plans, final plats, and (except for public school facilities) building permits, the County will determine whether or not there will be sufficient capacity of public facilities, as described in Policy 1.1 above, to meet the standards for levels of service for the existing population and for the proposed development in accordance with the requirements of the Concurrency Management System. As part of the review for all development orders other than final site development plans, final plats, and (except for public school facilities) building permits, for those having negative impacts on public facilities, the County will determine whether or not sufficient capacity of public facilities are planned for construction concurrent with the impacts on levels of service that will be created by the proposed development during the next five fiscal years. . .. ... **** ***** **** ... .. . 5. Update of Capital Improvement Element The monitoring of, and adjustment to, this Capital Improvement Element is an ongoing process necessitated by changing conditions. Beginning no later than December of each year, the e.!;lement will be updated in conjunction with the County's budget process, and the release of the official BEBR population estimates and projections. The update will include: . .. ... **** ***** **** ... .. . D. Update of facilities requirements analysis to project 10 year needs (by fiscal year) in order to program projects to meet the service standards recoqnizinq onlv the first 5 vears are subiect to the financial feasibility requirements set forth in Obiective 2 and Policies 2.1 throuqh 2.10 above; . .. ... **** ***** **** ... .. . F. Rovise and dovelop Revisions to and develooment of capital improvement projects for the next five years. The first year's schedule of projects will be incorporated into the County's budget effective October 1 "; i\1inor text changes W<"Tl' nude :IS part ()f "Public ~chool hlcilitics" provisions, adopted <ktober 14-, 200H by the Bee. as highhghted in green prIm belm\: G. The incorporation, by reference. of the annual update to the School District of Collier County's financially feasible Five-Year Capital Improvement Plan. formally adopted by the School Board between July 1 and October 1 each year; and. adoption of the District Facilities Work Program prepared by the School District pursuant to Section 1 013.35( 1 )(b), Florida Statutes. shall be adopted as part of the data and analysis in support of the School District's Five-Year Capital Improvement Plan; and, H. Update of the health facilities analysis. 6. Concurrency Management System Minor text changes are recommended as noted below: Words underlined are added; words strusl, Ihrecgh are deleted. - 18- Minor text changes were made as part of "Public School Facilities" pro\'isions, adopted October 14,2008 by tbe Bee, as highlighted in green print below: The County has established a Concurrency Management System. The system consists of the following components: A. The Annual Update and Inventory Report on Public Facilities (AUIR) on the capacity and levels of service of public facilities, as described in Policy 1.1 above, compared to the standards for levels of service adopted in Policy 1.5 of this Element. The AUIR summarizes the actual capacity of existing public facilities and forecasts the capacity of existing and planned public facilities for each of the five succeeding fiscal years. For the purposes of long range capital facility planning, a ten year forecast of projected needed capacity is also done. These forecasts are based on the most recently updated Schedule of Capital Improvements in this Capital Improvement Element. Notwithstanding any other provisions in this Capital Improvement Element, the annual approval of the AUIR and the identified needed projects and revenues by the Board of County Commissioners constitutes evidence of the capacity and levels of service of public facilities, not including public school facilities, for the purpose of consideration durina updates to this Capital Improvement Element. issuing dovoleJjment orders during the 12 months following tho approval of tho /\UIR. The /\UIR will go into effeot immediately upon approval by the Collier County Boar-d of County Commissioners. B. The School District's annually updated financially feasible Five-Year Capital Improvement Plan, formally adopted by the School Board between July 1 and October 1 each year, and adopted by reference into this Element. The District's Plan shall contain a financially feasible report that demonstrates the School District's ability to meet the facility and capacity needs for current and projected students enrolled in Collier County Schools, and that the levels of service standards adopted by Policy 15 of this Element will be maintained by the end of the five-year planning period. C. Public facility capacity review. The County shall use the procedures specified in Implementation Programs 1 and 6 to enforce the requirements of Policies 5.1, 5.2, 5.3 and 5.4 of this Element. D. Review of changes in planned capacity of pUblic facilities. The County shall review each amendment to this Capital Improvement Element in particular any changes in standards for levels of service and changes in the Schedule of Capital Improvements in order to enforce the policies of this Element. E. Concurrency Management Implementation Strategies. The County shall annually review the Concurrency Management Implementation Strategies that are incorporated in this Capital Improvement Element: Minor text changes are recommended as noted below: :\!inor text cbanges were made as part of "Public School belittles' pro\'islOns, adopted October 14, 2008 by the Bee, as highlighted In green print below: 3. Standards for public school facilities are applied to development orders within the geographic boundaries of the Concurrencv Service Areas (CSAs} for each school type. 4. Levels of service are compared to adopted standards on an annual basis. Annual monitoring is used, rather than case-by-case monitoring, for the following reasons: a. annual monitoring corresponds to annual expenditures for capital improvements during the County's fiscal year; and b. annual monitoring covers seasonal variations in levels of service. Words underlined are added; words stNGk 1Il'""gh are deleted. - 19- 7. Third Evaluation and Appraisal Report The required third Evaluation and Appraisal Report (EAR) will address the implementation of the goals, objectives and policies of this Capital Improvement Element. The monitoring procedures necessary to enable the completion of the third evaluation include: . .. ... **** ***** **** ... .. . Minor text changes are recommended as noted below: B. Review of semi-annual reports to DCA concerning amendments to the COfT1j:lrel=iensi'/o Growth Manaqement Plan, as set forth in Section 4 above; and . .. ... **** ***** **** ... .. . LEnd of CIE entrief? Words underlined are added; words strusk lhre"gh are deleted. - 20- STAFF RECOMMENDATION: That the CCPC forward the GMP amendments to the BCC with a recommendation to adopt and to transmit to the Florida Department of Community Affairs. Prepared By: Date: /2/ Jq I Of) f I Reviewed By: Date: I2j/q /0 P Approved By: ~. .~- </~ Date: /2./ rr/rJff I o eph K. Schmitt, Administrator mmunity Development and Environmental Services Division COLLIER COUNTY PLANNING COMMISSION: MR. MARK STRAIN, CHAIRMAN NOTE: This petition has been scheduled for the February 24, 2009 BCC hearing. ADOPTION DRAFT CCPC staff Report 2008-B CIE G: Comprehensive/CCPC Adoption Draft Words underlined are added; words struGk th"'"91l are deleted. - 21- STAFF REPORT - APPENDIX A COLLIER COUNTY PLANNING COMMISSION JANUARY 16,2009 This appendix provides additional remarks regarding public facilities and capital improvement planning not addressed elsewhere in this Staff Report. Road Proiects Projected five year figures were reduced based on the downturn in development from the 2007 AUIR to the 2008 AUIR. Development is projected to decline still further, beyond the reduction used in the 2008 AUIR. This additional reduction in development activity affects the amount of impact fees collected. The resulting reduction in demand for roadway improvements has a direct correlation to the reduction in impact fee-related expenditures required. Changes to and the reprioritization of the Transportation Division work program for road projects listed in the CIE Schedule of Capital Improvements are necessary based on changes in demand reflected in peak hour trip counts. The Transportation Division has an irrevocable commitment to borrow $50 Million from the (State of Florida) Commercial Paper Program to pay for capital transportation improvements - and Collier County has reached its limits to borrow/issue bonds. This $50 Million in Commercial Paper will only be drawn down in increments as needed to fund the work program. Park and Recreation Proiects Previous AUIR projected an 18 acre gain in Community Park Land in 2009 via Schools Partnerships. 4.8 acres have been added to the 2008 starting inventory, and another 3.0 acres are proposed for Regional Park land in 2012. Other school projects have been delayed due to lower projected population figures and decreased demand. Previous AUIR projected a 35 acre gain in Community Park Land in 2011 via fee simple acquisition. This acquisition has been delayed due to the lowering of the Community park land level of service and lower projected population figures and decreased demand. Previous AUIR projected a 20 acre loss in Community Park Land in 2012 via interdepartmental transfer at Vanderbilt Beach Road extension. This land will be provided in a land trade by the Collier County School District, resulting in a zero net effect to the Community Park Land inventory. Stormwater ManaQement Proiects The Lely Area Stormwater Improvement Program (LASIP) has been an ongoing project continuing over many years. Collier County reached the production phase approximately two years ago. Since that time, stormwater improvements in this area have advanced by coordinating them with road projects. LASIP remains a long term project in the Schedule of Capital Improvements. On June 22, 2004 the Collier County Board of County Commissioners established a Stormwater Program funded via 0.15 mills Ad Valorem, securing funding beginning in FY 05-06 for the next 20 years. Potential unavailability of land, as acknowledged by permitting agencies, will leave 7.58 acre-feet WQ treatment volume shortfall. FY 11-13 estimated project budget included funding for land purchase if available. January 16, 2009 Staff Report Appendix A -1- The Belle Meade Stormwater Master Plan was completed in September 2006. Initiation of Belle Meade Stormwater Improvement projects have been deferred until completion of the watershed study effort currently underway by the CDES Engineering and Environmental Services Department. The watershed study effort progress to date includes prioritization of study completion by drainage basin, consultant selection to perform hydrologic and hydraulic modeling, and drafting watershed studies. The delay in the Belle Meade projects was anticipated, as the South Florida Water Management District emphasized the need for an integrated watershed management plan to ensure the establishment and utilization of sound data and analysis to protect water quality and manage water quantity. The anticipated completion date of the studies, including recommendations and project funding prioritizations, is fiscal year 2012. Potable Water Proiects The Water & Wastewater Rate Study and Impact Fee Study approved by the BCC on June 24, 2008 were the sources for these figures. The Water & Wastewater Master Plan Capital Improvements Program for 2014 through 2018 was divided equally for each year and funding sources were allocated in the same proportions as 2009 through 2013. Funding sources for 2014 through 2018 are not based on the rate study. These are estimations only and will change when an actual rate study for this period is prepared. Solid Waste Proiects Pursuant to the Landfill Operating Agreement (LOA) with Waste Management, Inc. of Florida (WMIF), landfill cell construction is scheduled and guaranteed by WMIF over the life of the Collier County Landfill. Collier County landfill expansion costs are paid for by WMIF through agreed upon Collier County landfill tipping fees. By contract under the LOA, WMIF will construct any future required cells. Landfill cells vary in size and disposal capacity; therefore cells constructed from FY 09 to FY 13 are substantial enough to not require new cell construction from FY 14 to FY 18. Updated projections indicate that the Collier County Landfill will have zero capacity remaining in FY36, while previous projections indicated zero capacity remaining in FY33. This "gained" capacity reflects both the positive impacts of the past and current solid waste initiatives that have increased recycling and decreased disposal as well as reductions in the population estimates used to calculate the remaining disposal capacity. The timing of new landfill cell construction has been updated to reflect Waste Management Inc. of Florida's current cell development schedule, which affects when new cell capacity is recognized. Sewer - Wastewater Proiects The Water & Wastewater Rate Study and Impact Fee Study approved by the BCC on June 24, 2008 were the sources for these figures. Fiscal Year 2013 expenditure was reduced by $6.38 Million for the North Wastewater Treatment Plant expansion deleted from the 2008 AUIR. January 16, 2009 Staff Report Appendix A -2 - The Water & Wastewater Master Plan Capital Improvements Program for 2014 through 2018 was divided equally for each year and funding sources were allocated in the same proportions as 2009 through 2013. 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Vi is o o .c u (f) <IJ oS oi u " ~ .2! ~ ,., .0 "' Ol ro o 0. o U .S ,., C' ::> o U Ol oS :>. u " ~ oo 5 1:$ U Ol l5 o U ~ - 0..0 oo 0 .~ "fi ~Ul '13'0 rn Ol LLoo 00 oe- -5a (f)", .~ .c ::0:: ::> 0 o..LL 5 ~ '" j)J CI) 0> <:> <:> N <0 ~ ~ rn " t: ~ ORDINANCE NO. 09- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR AN AMENDMENT TO THE CAPITAL IMPROVEMENT ELEMENT, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, staff initiated its annual amendment to the Capital Improvement Element of the Growth Management Plan consistent with Section 163.3177(3)(b)(1); and WHEREAS, Collier County is required to hold a single publiC hearing before the local governing board to consider amendments to the Capital Improvement Element; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold a public hearing concerning the adoption of this amendment to the Capital Improvement Element of the Growth Management Plan on February 24, 2009; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of this amendment, including the following: the Collier County Planning Commission Staff Report; the document entitled Collier County Growth Management Plan Capital Improvement Element amendment, the Collier County 2008 Annual Update and Inventory Report on Public Facilities (AUIR), and other documents, testimony and information presented and made a part of the record at the meeting of the Collier County Planning Commission held on January 16, 2009, and the Collier County Board of County Commissioners held on February 24, 2009; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this amendment to the Capital Improvement Element in accordance with Section 163.3184, Florida Statutes. The Capital Projects of the amendment are attached hereto as Exhibit "A" and are incorporated by reference herein. SECTION TWO: SEVERABILITY If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE The effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3'd Floor, Tallahassee, Florida 32399-2100. 2 County, Florida this day of PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier ,2009. ATTEST: DWIGHT E. BROCK, Clerk BY: Approved as to form and legal suffiency: Heidi Ashton-Cicko Assistant County Attorney Land Use Section Chief Petition CPSP-2008-5 - Capital Improvement Element BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, Chairman 3 c ~~-y c -:..o-w.. ......"ty DATE: January 2, 2008 TO: Planning Commissioners FROM: Marcia R. Kendall/Senior Planner RE: CCPC Advertisement & Advertisement Affidavit for Growth Management Plan Amendment CPSP-2008-6 Please be advised that the copy for the advertisement & advertisement affidavit will be provided to the BCC. Thank you. Comprehensive Planning Department COLLIER COUNTY GROWTH MANAGEMENT PLAN CAPITAL IMPROVEMENT ELEMENT Prepared by Collier County Comprehensive Planning Department Comprehensive Planning Section Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN CAPITAL IMPROVEMENT ELEMENT SYMBOL (I) (II) (III) (IV) (V) (VI) (VII) (VIII) (IX) (X) DATE AMENDED February 23, 1999 May 9, 2000 November 19, 2002 September 10, 2003 December 16, 2003 October 26, 2004 June 7, 2005 January 29, 2008 October 14, 2008 for January 16, 2009 ORDINANCE NO. Ordinance No. 99-14 Ordinance No. 2000-31 Ordinance No. 2002-60 Ordinance No. 2003-44 Ordinance No. 2003-67 Ordinance No. 2004-71 Ordinance No. 2005-25 "Ordinance No. 2008-04 Ordinance No. 2008-55 CCPC Adoption Version .. Based on 2007 Partial StilltllateE! Settlement ,^.greemont seRveen Collier Cetlnty, Potilieners in Intervention, anE! the Florida Del'lartment of Community /\ffaiFG al'll'lroved by tho Board of Cetlnty Commissioners on Dosomser 11,2007, attesting EAR basee CIE amonE!ments originally adoptoe Jantlal)' 2€i, 2007 by Ordinanso ~Jo. 2007 07. TABLE OF CONTENTS I. INTRODUCTION . II. CAPITAL IMPROVEMENT GOALS, OBJECTIVES AND POLICIES IMPLEMENTATION SCHEDULE OF CAPITAL IMPROVEMENTS 5-YEAR SCHEDULE Road Projects Park and Recreation Projects Stormwater Management Projects Potable Water Projects Solid Waste Projects Sewer - Wastewater Projects Public School Facilities Projects . III. . IV. COST AND REVENUE SUMMARY TABLE Footnotes 'v. PROGRAMS TO ENSURE IMPLEMENTATION . VI. DOCUMENTS ADOPTED BY REFERENCE The District School Board of Collier County Five-Year Capital Improvement Program' VII. DATA AND ANALYSIS (Support Documents) Public Facility Requirements Capital Improvement Projects Capital Improvement Financing Capacity The District School Board of Collier County Five-Year District Facilities Work Program Timing & Location of Capital Improvements: Current Local Practices Financing Plan Collier County Annual Update & Inventory Report (AUIR) on Public Facilities Schedule of Capital Improvements for Future 5-Year Period~ Itemized Revenue Source Explanations" East of CR 951 Bridoe Report Paoe CIE -1 CIE -2 CIE -12 CIE - 13 - 25 CIE - 26 CIE - 27 CIE - 28 Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H Appendix I Appendix J . Adopted portions. .. Portions not adopted but part of supporting data and QnQlysis provided to DepQl'lment of Community Afklirs as attachments to .lAe JanuQrY 2008 Settlement /\gr-eement Plan amendment malerials. Note: Support documents will be updated as current information becomes available. Words underlined and double unrtArlined are additions, words E:trush: tl=1rEll:Jgh or ~B~~IB BtflJeli UU9Y~R are deletions. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29,2008 (IX) = Plan Amendment by Ordinance No. 2008-55 on October 14, 2008 (X) = CCPC Adoption Version 2.2. prepared for January 16, 2009 I. INTRODUCTION In 1985 and 1986, the Florida Legislature significantly strengthened the requirements for county and city comprehensive plans. One of the provisions of the Local Government Comprehensive Planning and Land Development Regulation Act is the requirement that the comprehensive plan must contain a Capital Improvement Element to "...consider the need for and the location of public facilities..." (Section 163.3177(3), Florida Statutes). The Capital Improvement Element (CIE) must identify public facilities that will be required during the next five years, including the cost of the facilities, and the sources of revenue that will be used to fund the facilities. One of the specific requirements of the legislation states that the public facilities that are contained in the CIE must be based on "standards to ensure the availability of public facilities and the adequacy of those facilities including acceptable levels of service." The administrative regulation that implements the statutes defines the phrase "level of service" as "...an indicator of the extent or degree of service provided by... a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility." (Section 9J-5.003 f4'4 (62), Florida Administrative Code). Words underlined and nOllhle underlined are additions, words stR;Jsk Uuel:l€lR or ElsMfillEl GtF11Bh ~rgM!JR are deletions. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 (IX) = Plan Amendment by Ordinance No. 2008-55 on October 14, 2008 (X) = CCPC Adoption Version 2.2. prepared for January 16, 2009 CIE -1 II. CAPITAL IMPROVEMENT GOALS, OBJECTIVES AND POLICIES (VIII) GOAL: TO PROVIDE ADEQUATE PUBLIC FACILITIES CONCURRENT WITH NEW DEVELOPMENT IN ORDER TO ACHIEVE AND MAINTAIN OR EXCEED ADOPTED STANDARDS FOR LEVELS OF SERVICE. (VIII) OBJECTIVE 1 (PUBLIC FACILITY LEVEL OF SERVICE STANDARDS): Identify and define types of public facilities, establish standards for levels of service for each such public facility, and determine what quantity of additional public facilities is needed in order to achieve and maintain the standards. (VIII) POlicy 1,1: The County shall establish standards for levels of service for public facilities, as follows: (VIII)(IX) Public facilities are facilities which appear in other elements of this comprehensive plan, including arterial and collector roads, surface water management systems, potable water systems, sanitary sewer and wastewater treatment systems, solid waste disposal facilities, parks and recreation facilities. and public school facilities. The standards for levels of service of County provided public facilities shall apply to development orders issued by the County~ afIEI to the County's annual budget, and to the appropriate individual element of this Ggomprehensive PQlan. The standards for levels of service of public facilities which are not County provided shall apply to development orders issued by the County and to the appropriate individual element of this Ggomprehensive PQlan, but shall not apply to the County's annual budget. (VIII) Public facilities shall include land, structures, the initial furnishings and equipment, design, permitting, and construction costs. Other "capital" costs, such as motor vehicles and motorized equipment, computers and office equipment, office furnishings, and small tools are considered in the County's annual budget, but such items are not "public facilities" for the purposes of the Growth Management Plan, or the issuance of development orders. (VIII) Policy 1.2: The quantity of public facilities that is needed to eliminate existing deficiencies and to meet the needs of future growth shall be determined for each public facility by the following calculation: Q = (S x D) - I. Where: "Q" is the quantity of public facility needed, "S" is the standard for level of service, "D" is the demand, such as the population, and "I" is the inventory of existing facilities. A. The calculation will be used for existing demand in order to determine existing deficiencies. The calculation will be used for projected demand in order to determine needs of future growth. The estimates of projected demand will account for demand that is likely to occur from previously issued development orders as well as future growth. Words underlined and nOllblA IInnAnined are additions, words stnmk t1u6u€l1=l or ~9u"19 a'Neh UmngR are deletions. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29. 2008 (IX) = Plan Amendment by Ordinance No. 2008-55 on October 14, 2008 (X) = CCPC Adoption Version 2.2, prepared for January 16, 2009 CIE-2 1I1)(IV)(VIII) B. The Board of County Commissioners shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE), Golden Gate Area Master Plan (GGAMP) or Immokalee Area Master Plan (lAMP) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on both the variable "D" in the formula 0 = (S x D) - I, and the overall County transportation system. The Board shall not approve any such petition or application which would directly access a deficient roadway segment or if it impacts an adjacent roadway segment that is deficient, or which significantly impacts either: (1) a deficient roadway segment or adjacent roadway segment; or (2) the seasonal population based upon the Bureau of Economic and Business Research at the University of Florida (BEBR) medium range growth rate population projections, for all public facilities, for the variable "D", unless one of the three items listed below simultaneously occurs: (VIII) (a) Specific mitigating stipulations are approved in conjunction with the rezone or SRA designation resolution, conditional use petition, or FLUE amendment, to restore or maintain the Level of Service on the impacted roadway segment; (II)(VIII) (b) The adopted population standard used for calculation of "0" in the formula 0 = (S x D)-I is amended based on appropriate data and analysis; (VIII) (c) The Schedule of Capital Improvements is updated to include any necessary projects that would support the additional public facility demand(s) created by the rezone, SRA designation resolution, conditional use petition, or amendment to the Future Land Use Element. (III)(VIII) C. Significant impact is hereby defined for Section B of this Policy as. an impact generating potential for increased countywide population greater than 2% of the population projections for parks, solid waste, potable water, sanitary sewer and wastewater treatment, and drainage and stormwater manaaement facilities, or as generating a volume of traffic equal to or greater than 2% of the adopted LOS standard service volume of an impacted roadway. (VIII) D. There are three circumstances in which the standards for levels of service are not the exclusive determinant of need for a public facility: 1. Calculated needs for public facilities in coastal high hazard areas are subject to all limitations and conditions in the Conservation and Coastal Management and Future Land Use Elements of this Growth Management Plan. (11)(111) 2. Replacement of obsolete or worn out facilities, and repair, remodeling and renovation, will be determined by the Board of County Commissioners upon the recommendation of the County Manager. 3. Public facilities that provide levels of service in excess of the standards adopted in this Growth Management Plan may be constructed or acquired at any time as long as the following conditions are met: Words underlined and nouhlA undArlinAn are additions, words stru6k. tt:trSl:I€JR or ~9ldkJ18 8~FWBh tIUB..g~ are deletions. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29. 2008 (IX) = Plan Amendment by Ordinance No. 2008-55 on October 14. 2008 (X) = CCPC Adoption Version 2.2. prepared for January 16, 2009 CIE-3 a. the facility does not make financially unfeasible any public facility of the same type that is needed to achieve or maintain the standards for levels of service adopted in this Growth Management Plan, and b. the facility does not contradict, limit or substantially change the goals, objectives and policies of any element of this Growth Management Plan. (VIII) Any public facility that is determined to be needed as a result of any of the factors listed in Section B afIEI or Section D of this Policy shall be included in the regular Schedule of Capital Improvements contained in this Capital Improvement Element. All capital improvement projects for such public facilities shall be approved in the same manner as the projects that are identified according to the quantitative analysis described in Section A of this flEolicy. Population definitions as used in this Capital Improvement Element and other elements are provided below. (VIII) Permanent Population is the population projection figure based on Bureau of Economic and Business Research at the University of Florida (BEBR) medium range growth rate population projections. The population projection figure is then converted from April 1 to October 1, which is the beginning of the fiscal year for Collier County. (VIII) Seasonal Population is the BEBR population figure (described above) converted to its October 1 figure, increased by 20% for all areas of the County to reflect the increase of seasonal part-time residents and visitors. (VIII) Unincorporated Area Seasonal Population is the seasonal population figure (described above) for unincorporated Collier County only, adjusted to represent how seasonal residents utilize certain park facilities differently. (VIII) Policy 1.3: The determination of location of improvements to expand public facilities will take into consideration the projected growth patterns as identified in the County's annual population projections. Where applicable, public facility improvements will be coordinated with the capital facility plans of any other governmental entity providing public facilities within Collier County. (VIII) Policy 1.4: Public facility improvements are to be considered in the following order or priority: A. Replacement of obsolete or worn out facilities, including repair, remodeling and renovation of facilities that contribute to achieving or maintaining levels of service. B. New facilities that reduce or eliminate existing deficiencies in levels of service. (VIII) C. New facilities that provide the adopted levels of service for new growth during the next five fiscal years, as updated by the annual review of this Capital Improvement Element. In the event that the planned capacity of public facilities is insufficient to serve all applicants for development orders, the capital improvements will be scheduled in the following priority order to serve: Words underlined and nouhlA IInnArtined are additions, words stRJsk tt::lr8b1€jt:1 or ttg1J~la Btrneh tRrSYSM are deletions. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 (IX) = Plan Amendment by Ordinance No. 2008-55 on October 14,2008 (X) = CCPC Adoption Version 2.2, prepared for January 16, 2009 CIE-4 (III) 1. previously approved development orders permitting redevelopment, (III) 2. previously approved development orders permitting new development, (III) 3. new development orders permitting redevelopment, and (III) 4. new development orders permitting new developments. D. Improvements to existing facilities, and new facilities that significantly reduce the operating cost of providing a service or facility. E. New facilities that exceed the adopted levels of service for new growth during the next five fiscal years by either: 1. providing excess public facility capacity that may be needed by future growth beyond the next five fiscal years, or 2. providing higher quality public facilities than are contemplated in the County's normal design criteria for such facilities. (VIII) Policy 1.5: The standards for levels of service of public facilities shall be as follows: (III)(VIII) A. Roadways: (VIII) 1. Arterials and collector roads: Level of Service indicated below on the basis of peak hour, traffic volume: Level of Service "E" on all six-lane roads: ')(VIlI) 2. Level of Service "D" peak hour on all other County and State arterial and collector roads not on the Florida Intrastate Highway System (FIHS). 1I)(1I1)(VIII) B. State and Federal Roads: Collier County sets and adopts the LOS standards for state roads with the exception of those on the Florida Intrastate Highway System (FIHS). In Collier County, FDOT sets and maintains the LOS for 1-75. The standards for 1-75 are as follows: EXISTING RURAL AREA 1-75 B EXISTING URBANIZED AREA C TRANSITIONING URBANIZED AREA C (VIII) C. County Surface Water Management Systems: (VIII) 1. Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74-50 and 90-10. Words underlined and double underlined are additions. words stNsl, tRrS\:I13R or ggybls BtF'klBlt 1~F9M8R are deletions. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 (IX) = Plan Amendment by Ordinance No. 2008-55 on October 14. 2008 (X) = CCPC Adoption Version 2.2, prepared for January 16, 2009 CIE - 5 (VIII) 2. Existing "private" developments and existing or future public drainage facilities - those existing levels of service identified (by design storm return frequency event) by the completed portions of the Water Management Master Plan as listed in the DrainagelWater Management Sub-ej;;lement of the Public Facilities Element. (I)(IV}(VIII) D. County Potable Water Systems: (VIII) 1. County systems: County Water District = ~ 170 gallons per capita per day Goodland 'Nntor Distriot 185 gallons por oapita per day III)(IV)(VIII}(X) 2. Municipal svstems: City of Naples = 185 gallons per capita per day in the unincorporated service area Everglades City = 185 gallons per capita per day in the unincorporated service area (VIII}(X) 3. Private potable water systems /Independent district svstems: Sowage Water flow design standards as identified in Policy 3.1 of the Potable Water Sub-ej;;lement of this Growth Management Plan. OranGetree Utilities = 100 Gallons per capita per dav Immokalee Water and Sewer District = 105 Gallons per capita per dav Florida Governmental Utilitv Authority = 109 Gallons per capita per dav Ave Maria = 110 Gallons per capita per day within service area (1}(VIiI) E. County Sanitary Sewer and Wastewater Treatment Systems: (III)(VIII) 1. County systems: North Sewer Service Area = Me 120 gallons per capita per day South Sewer Service Area = 100 gallons per capita per day Southeast Sewer Service Area = 120 gallons per capita per day Northeast Sewer Service Area = 120 gallons per capita per day 1II}(IV)(VIII}(X) 2. Municipal svstems: City of Naples = 145 gallons per capita per day in the unincorporated service area EverGlades Citv = 100 Gallons per capita per dav (VIII)(X) 3. Private sanitary sewer and wastewater treatment systems: Sewage flow design standards as identified in Policy 2.1 of the Sanitary Sewer Sub-ej;;lement of this Growth Management Plan. OranGetree Utilities = 100 Gallons per capita per day Immokalee Water and Sewer District = 100 Gallons per capita per dav Florida Governmental Utilitv Authoritv = 100 Gallons per capita per dav Ave Maria = 110 Gallons per capita per dav within service area (II)(VIII) F. County Solid Waste Disposal Facilities: Words underlined and nouhlA unrlArtined are additions, words (Struck thrsl:.IgR or ~BMbI9 otRlsl( thrsygl:il are deletions. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29,2008 (IX) = Plan Amendment by Ordinance No. 2008-55 on October 14, 2008 (X) = CCPC Adoption Version 2.2, prepared for January 16, 2009 CIE - 6 (VIII) 1. Two years of constructed lined cell capacity at the average disposal rate for the previous three (3) years. (VIII) 2. Ten years of permittable capacity at the average disposal rate for the previous three (3) years. (III)(VIII)(X) G. County Park and Recreation Facilities: (VIII) (VIII) (11I)(VIlI) 1. Regional Park land 2. Community Park land d. Resreation Fasilities = 2.9412 2.9 acres per 1,000/pop. = 1.2882 U acres per 1,000/pop. (unincorporated) $270.00 sa~ital invostmont ~er eapikl (IX) H. Public School Facilities: (IX) (IX) (IX) 1. Elementary schools 2. Middle schools 3. High schools = 95 percent (0.95) of CSA Enrollment I FISH Capacity = 95 percent (0.95) of CSA Enrollment / FISH Capacity = 100 percent 11.00) of CSA Enrollment / FISH Capacity (VIII)(IX) OBJECTIVE 2 (FINANCIAL FEASIBILITY): Provide public facilities, as described in Policy 1.1 above, in order to maintain adopted level of service standards that are within the ability of the County to fund, Sf within the County's authority to require others to provide, or as provided by the School District within their financially feasible Five- Year Capital Improvement Plan, formally adopted by the School Board between July 1 and October 1 at each year. Anv and all off-site improvements associated with new schools and school expansions shall be the sole responsibilitv of the Collier Countv School Board unless Collier Countv and the Collier Countv School Board aqree to an alternative fundinq mechanism. With the exception of public school facilities, existing public facility deficiencies measured against the adopted level of service standards will be eliminated with revenues generated by ad valorem taxes and other intergovernmental revenues received based on economic activity. Future development will bear a proportionate cost of facility improvements necessitated by growth. Future development's payments may take the form of, but are not limited to. voluntary contributions for the benefit of any public facility, impact fees, dedications of land, provision of public facilities, and future payments of user fees, special assessments and taxes. (VIII) Policy 2.1: The estimated capital expenditures for all needed public facilities shall not exceed conservative estimates of revenues from sources that are available to the County pursuant to current law. (VIII) Policy 2.4 2.2: Capital expenditures for public facilities shall not draw revenues from sources which have been rejected by referendum, if a referendum is required to enact a source of revenue. (VIII) POlicy ~ 2.3: Existing and future development shall both pay for the costs of needed public facilities. Existing development shall pay for some or all facilities that reduce or eliminate existing deficiencies, some Words underlined and douhle Ilnrlenined are additions, words stNGk tliFBblfJt:J or ~81::1"19 etFblBh: tRra~gR are deletions. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29. 2008 (IX) = Plan Amendment by Ordinance No. 2008-55 on October 14. 2008 (X) = CCPC Adoption Version 2.2. prepared for January 16, 2009 CIE -7 or all of the replacement of obsolete or worn out facilities, and pay a portion of the cost of facilities needed by future development but only as a last funding alternative where impact fees and other sources of revenue are insufficient to pay for the costs of facilities attributed to future development. Both existing and future development may have part of their costs paid by grants, entitlements or public facilities from other levels of government and independent districts. (VIII) Policy 2.3 2.4: Public facilities financed by County enterprise funds (i.e., potable water, sanitary sewer and wastewater treatment. and solid waste) may be financed by debt to be repaid by user fees and charges for enterprise services, or the facilities may be financed from current assets (i.e., reserves, surpluses and current revenue). (III)(VIII) Policy 2.4 2.5: Public facilities financed by non-enterprise funds (i.e., roads, surface water management, and parks and recreation) shall be financed from current revenues, and assets and Revenue Bonds approved by the Board of County Commissioners. Debt financing shall not be used to provide excess capacity in non-enterprise public facilities unless the excess capacity is an unavoidable result of a capital improvement that is needed to achieve or maintain standards for levels of service. Notwithstanding other provisions of this policy. general obligation bonds approved by referendum may be used for any public facilities to acquire capacity needed within the Schedule of Capital Improvements or for excess capacity. (VIII) Policy 2.& 2.6: The County shall not provide a public facility, nor shall it accept the provision of a public facility by others, if the County is unable to pay for the subsequent annual operating and maintenance costs of the facility. (VIII) Policy 2.6 2.7: The County shall continue to collect Road Impact Fees for road facilities requiring the same level of service standard as adopted in Policy 1.5 of this e!;lement in order to assess new development a pro rata share of the costs required to finance transportation improvements necessitated by such development. II)(VIII)(IX) Policy 2.1- 2.8: The County shall continue to collect impact fees for Parks and Recreation facilities and Public Schools requiring the same level of service standard as adopted in Policy 1.5 of this e!;lement in order to assess new development a pro rata share of the costs required to finance Park and Recreation improvements and Public Schools necessitated by such development. (VIIl)(IX) Policy U 2.9: If, for any reason, the County cannot provide revenue sources identified as needed funding for specific projects within the County's adopted Schedule of Capital Improvements, the Growth Management Plan shall be amended based on one or more of the following actions: Words underlined and nOllhlA IlnnArlinAd are additions, words strusk thFel:.l€lt::J or lit9Y8la utFUBh tI=lFBY8'" are deletions. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 (IX) = Plan Amendment by Ordinance No. 2008-55 on October 14, 2008 (X) = CCPC Adoption Version 2.2. prepared for January 16, 2009 CIE -8 A. Remove through a plan amendment facility improvements or new facilities from the adopted Schedule of Capital Improvements that exceed the adopted levels of service for the growth during the next five (5) fiscal years; B. Remove from the adopted Schedule of Capital Improvements through a plan amendment facility improvements or new facilities that reduce the operating cost of providing a service or facility but do not provide additional facility capacity; C. Where feasible, transfer funds from a funded N!}on-Capitallmprovement Element capital project in order to fund an identified deficient Capital Improvement Element public facility. The resulting revisions shall be reflected in the required annual update. D. Lower the adopted level of service standard through a plan amendment for the facility for which funding cannot be obtained. E. Do not issue development orders that would continue to cause a deficiency based on the facility's adopted level of service standard. (VIII) Policy 2..9 2.10: Collier County will not exceed a maximum ratio of total general governmental debt service to bondable revenues from current sources of 13%. Whereas Florida Statutes place no limitation on the application of revenues to debt service by local taxing authorities, prudent fiscal management dictates a self-imposed level of constraint. Current bondable revenues are ad valorem taxes and State-shared revenues, specifically gas taxes and the half-cent sales tax. The Enterprise Funds operate under revenue bonding ratios set by the financial markets and are, therefore, excluded from this debt policy. (VIII) OBJECTIVE 3 (PUBLIC EXPENDITURES: COASTAL HIGH HAZARD AREA): Effective with plan implementation, limit publiC expenditures in the coastal high hazard area sAaII bo limited to those facilities, as described in Policy 1.1 above, needed to support new development to the extent permitted in the Future Land Use Element. In addition, publio oxpenElitures shall include the maintonanoe of existing public facilitios and beach ronourishment. and may incluEle boaoh, chore and watorway 000055. (VIII) Policy 3.1: The County shall continue to expend funds within the coastal high hazard area for the replacement and maintenance of public facilities identified in the Conservation and Coastal Management Element including, but not limited to arterial and collector roads, sanitary sewer service and wastewater treatment systems, potable water supply systems, surface water management systems, solid waste collection and disposal systems, natural groundwater aquifer recharge areas, and park and recreation facilities. Words undertined and rlollhle unnerlimu1 are additions, words stA:lsk tRr9l::1gf:1 or dsy"18 stFUSh: t"'F8Y~h are deletions. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 (IX) = Plan Amendment by Ordinance No. 2008-55 on October 14.2008 (X) = CCPC Adoption Version 2.2, prepared for January 16. 2009 CIE-9 (VIII) Policy 3.2: Within the coastal high hazard area, the calculated needs for public facilities, as represented in the Schedule of Capital Improvements, will be based on the County's adopted level of service standards and projections of future growth allowed by the Future Land Use Element. (III)(VIII) Policy 3.3: The County shall continue to support public access to beaches, shores and waterways. Such support shall include public expenditures for the maintenance of existing public facilities and beach renourishment, and may include public expenditure for beach, shore and waterway access. (VIII) OBJECTIVE 4 (PROVIDE NEEDED IMPROVEMENTS): The-6Coordinate County &holl it& land use planning and decisions with its plans for publiC facility capital improvements, as described in Policy 1.1 above, by providing needed capital improvements for replacement of obsolete or worn out facilities, eliminating existing deficiencies, and future development and redevelopment caused by previously issued and new development orders. I)(VIII)(IX) Policy 4.1: The County shall provide, or arrange for others to provide, the public facilities listed in the Schedule of Capital Improvements. The Schedule of Capital Improvements shall be updated annually and may also be modified as follows: A. Pursuant to Florida Statutes, 163.3187, the Schedule of Capital Improvements may be amended two times during any calendar year, and as allowed for emergencies, developments of regional impact, and certain small scale development activities. B. Pursuant to Florida Statutes, 163.3177. the Schedule of Capital Improvements may be adjusted by ordinance not deemed to be an amendment to the Growth Management Plan for corrections, updates, and modifications concerning costs; revenue sources; or acceptance of facilities pursuant to dedications which are consistent with the plan. (IX) Policy 4.2: By December 1 of each year, the Counly shall adopl, by reference, into its Capital Improvement Element, the School District's annually updated financially feasible Five-Year Capital Improvement Plan and the District Facilities Work Program in order to achieve and maintain the adopted level of service standards for Public School Facililies. The School District Five-Year Capital Improvement Plan shall identify the financially feasible school facility capacity projects necessary to address existing deficiencies and future needs based on achieving and maintaining adopted LOS standards for schools. The District Facilities Work Program. prepared by the School District pursuant to Section 1 013.35( 1 )(b), F.S.. shall be adopted as part of the data and analysis in support of the School District's Five-Year Capital Improvement Plan Adoption of the School District's Capital Improvement Plan shall occur beginning with the District School Board of Collier County Capital Improvement Plan FY 09-28. approved on April 15, 2008 and subsequently amended on May 15. 2008; and, the District Facilities Work Program FY 09-13. adopted by the School Board on August 21, 2008. Updates to the CIP and Work Program shall occur annually thereafter The adoption of the School District's Capital Improvement Plan does not obliaate the Countv in anv shape. manner Words under1ined and douhlA IJndp.r1im~d are additions, words EtNsk tl=trel,;J~t:l or ~Bybl8 8t~BI tRrBygt:t are deletions. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29,2008 (IX) = Plan Amendment by Ordinance No. 2008-55 on October 14.2008 (X) = CCPC Adoption Version 2.2. prepared for January 16, 2009 CIE-10 or form to provide financino for anv off-site capital improvements for new schools or the expansion of existino schools unless mutuallv aoreed upon bv the Collier Countv School District and Countv Board. \ v.Ii)(IX) Policy 4.3: All public facility capital improvements shall be consistent with the goals, objectives and policies of the appropriate individual element of this Growth Management Plan. (1Ii)(VIIi) Policy 4.4: The County shall include in the capital appropriations of its annual budget all the public facility projects listed in the Schedule of Capital Improvements for expenditures during the appropriate fiscal year. (11i)(VIiI) Policy 4.5: The County shall determine, prior to the issuance of final site development plans, final plats and building permits whether or not there is sufficient capacity of public facilities to meet the standards for levels of service for existing population and the proposed development. No final site development plan, final plat, or building permit shall be issued unless the levels of service for the resulting development will meet or exceed the standards in Policy 1.5 Public Facilities, and meet or exceed the requirements for Concurrency Management as outlined in the policies within Objective 5 of this Element. :V)(VII)(VIII)(IX) Policy 4.6: Public facilities and services provided by Collier County with publiC funds in accordance with the Schedule of Capital Improvements in this Capital Improvement Element will be limited to Service Areas established within the boundaries designated on Figure PW-1 and Figure PW-1.1 "Collier County Water District Boundaries", and Figure PW-2 and Figure PW-2.1 "Existing and Future Potable Water Service Areas", in the Potable Water Sub-Element of the Public Facilities Element, and on Figure SS-1 and Figure SS-1.1, "Collier County Sewer District Boundaries", and Figure SS- 2 and Figure SS-2.1 , "Existing and Future Sewer Service Areas", in the Sanitary Sewer Sub- Element of the Public Facilities Element. Road and Public School improvements will be provided as designated in their respective Schedule of Capital Improvements appearing in this Capital Improvement Element. All other public facilities and service types will be provided on a countywide availability basis. (Viii) Policy 4.7: The County shall ensure that publicly funded buildings and publicly funded development activities are carried out in a manner that demonstrates best practice to minimize the loss of life, property, and re-building cost from the effects from hurricanes, flooding, natural and technological disaster events. Best practice efforts may include, but are not be limited to: a. Construction above the flood plain; b. Maintaining a protective zone for wildfire mitigation; c. Installation of on-site permanent generators or temporary generator emergency connection points; d. Beach and dune restoration, re-nourishment, or emergency protective actions to minimize the loss of structures from future events; Words underlined and nOllhle underlinAd are additions, words stRlsk tt-lrew€lh or ~9W~18 stFblsli tl:1r8Y!jR are deletions. (Viii) = Plan Amendment by Ordinance No. 2008-04 on January 29. 2008 (IX) = Plan Amendment by Ordinance No. 2008-55 on October 14, 2008 (X) = CCPC Adoption Version 2.2, prepared for January 16, 2009 CIE -11 e. Emergency road repairs; and, f. Repair and/or replacement of publicly owned docking facilities, parking areas, and sea walls. (III)(VIII) OBJECTIVE 5 (CONCURRENCY MANAGEMENT): :t&-eJ;nsure that public facilities, as described in Policy 1.1 above, and services needed to support development are available concurrent with the impacts of such development, Policy 5.0.1 : tlhe County's Concurrency Management System shall ensure that the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur. Policy 5,0.2: The County shall establish a regulatory and monitoring program to ensure the scheduling, funding and timely construction of public facilities concurrent with, or prior to, the issuance of a final site development plan, final plat or a building permit to achieve and maintain adopted level of service standards. (VIII) Policy 5.1: The concurrency requirement for the Potable Water, Sanitary Sewer and Wastewater Treatment, Drainage and Solid Waste Level of Service Standards of this Growth Management Plan will be achieved or maintained if anyone of the following standards of the Concurrency Management System are 12 met: (III) A. The necessary facilities and services are in place at the time a final site developmentplan, final plat or building permit is issued; or (III) B. The necessary facilities and services are under construction at the time a final site development plan, final plat or building permit is issued; or (IX) C. The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of paragraphs A and B of this policy. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. The agreement must guarantee that the necessary facilities will be in place when the impacts of the development occur, pursuant to Section 163.3180. Florida Statutes. (III)(VIII) POlicy 5.2: The concurrency requirement for the Parks and Recreation Level of Service Standards of this Growth Management Plan will be achieved or maintained if anyone of the following standards of the Concurrency Management System is met: (VIII) A. Compliance with anyone of the standards set forth in Policy 5.1 A, Band C is met; or Words underlined and douhlA IJndArlim~rt are additions, words strusk tt-lFB1;I~R or S8Mbl8 atruBIi t~r8 k:JSIcI are deletions. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 (IX) = Plan Amendment by Ordinance No. 2008-55 on October 14. 2008 (X) = CCPC Adoption Version 2.2, prepared for January 16. 2009 CIE - 12 (III) B. At the time the final site development plan, final plat or building permit is issued, the necessary facilities and services are the subject of a binding executed contract which provides for commencement of actual construction of the required facilities within one year of the issuance of the final site development plan, final plat or building permit; or (III) C. The necessary facilities and services are guaranteed in an enforceable development agreement which requires the commencement of the actual construction of the facilities within one year of the issuance of the applicable final site development plan, final plat, or building permit. An enforceable development agreement may include, but is not limited to, development agreements pursuant to Section 163.3220, Florida Statutes, or an agreement or development order issued pursuant to Chapter 380, Florida Statutes. III)(V)(VIII) Policy 5.3: The concurrency requirement of the Transportation Level of Service Standards of the Growth Management Plan will be achieved or maintained if anyone of the following standards of the Concurrency Management System is met: A. The necessary facilities and services are in place at the time a final site development plan, final plat or building permit is issued; or (VIII) B. The necessary facilities and services are under construction or the contract for such facilities and services has been awarded, accepted, and duly executed by all parties at the time a final site development plan or final plat is issued; or (VIII) C. The necessary facilities and services are under contract or under construction in the first or second year of the Schedule of Capital Improvements, and the Collier County Annual Budget adopted following each AUIR reflects the projects set forth in the first year of said Schedule; or (VIII) D. The necessary facilities and services are under construction or under contract pursuant to a FDOT 5- Year Work Program and are consistent with the Collier Countv 2025 Lona Ranae Needs Plan or the 2030 Lona Ranae Transportation Plan (LRTP). as adopted bv the Collier County Metropolitan Plannina Oraanization (MPO); or (VIII) E. The final local development order is for a project located within a TCEA or TCMA designated pursuant to this Plan and meets the applicable requirements of Policies 5.4 through 5.7 of the Transportation Element; or (VIII) F. The necessary facilities and services are the subject of a binding commitment with the developer to contribute fair share funding as provided for in Policy 5.8 of the Transportation Element, if applicable, or to construct the needed facilities, as identified in the Schedule of Capital Improvements, prior to the time a Certificate of Occupancy (C.O.) is issued for the first structure~ : or (VIII) G. A proportionate share agreement has been approved consistent with the adopted ordinance. Words underlined and nouhlF! undArtined are additions, words stNsk tArSYfJR or ~8Y~18 stNgh tRr8YijR are deletions. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 (IX) = Plan Amendment by Ordinance No. 2008-55 on October 14. 2008 (X) = CCPC Adoption Version 2.2. prepared for January 16, 2009 CIE -13 (IX) Policy 5.4: The concurrency requirement of the Public School Facilities level of service standards of the Growth Management Plan will be achieved or maintained if anyone of the following standards of the Concurrency Management System is met: A. The necessary capital facilities and services, includinq requisite off-site improvements. are in place at the time a final site development plan. final plat or functional equivalent is approved; or B. The necessary capital facilities and services, includinq requisite off-site improvements. are under construction or the contract for such facilities and services has been awarded. accepted. and duly executed by all parties at the time a final site development plan, @I' final plat or functional equivalent; or C. The necessary capital facilities and services, includinq requisite off-site improvements. are found in the first. second or third year of the School District of Collier County's financially feasible Five- Year Capital Improvement Plan, as identified in Policy 4.2, and as formally adopted by the School Board between July 1 and October 1 each year, and as adopted by reference by December 1 of each year, at the time a final site development plan, final plat or functional equivalent is approved; or D. The necessary capital facilities and services. includinq requisite off-site improvements. are the subject of a binding commitment with the developer to contribute proportionate share funding as provided for in Policy 2.4 of the Public School Facilities Element. if applicable, or to construct the needed facilities. 1I)(III)(VIII) Policy 5.5: The County shall continue to implement a Concurrency Management System, as identified in Sections 6.02.02 and 10.02.07 of the Collier County Land Development Code, which shall include a regulatory program and monitoring system consistent with this Growth Management Plan and consistent specifically with the policies under Objective 5 of this Capital Improvement Element. The monitoring system shall enable the County to determine whether it is adhering to the adopted Level of Service Standards and Schedule of Capital Improvements. Words underlined and douhle underlined are additions, words struel\. threl::lljA or GBYlille s1R1IJh tI'IF8W8R are deletions. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29. 2008 (IX) = Plan Amendment by Ordinance No 2008-55 on October 14, 2008 (X) = CCPC Adoption Version 2.2. prepared for January 16. 2009 CIE-14 (VIII) III. IMPLEMENTATION SCHEDULE OF CAPITAL IMPROVEMENTS The Schedule of Capital Improvements on the following pages will eliminate existing deficiencies, replace obsolete or worn out facilities, and make available adequate facilities for future growth. Each project is numbered and named, and its estimate of projected cost during each of the next five fiscal years is shown in thousands of dollars (000). The year for actual commencement of construction and the year each project will be completed (in service) are indicated. Each project is consistent with the level of service standards as identified within this eElement and the appropriate individual element of this Growth Management Plan. Collier County has adopted a two-year Concurrency Management System. Figures provided for years three, four and five of this Schedule of Capital Improvements are not part of the Concurrency Management System but must be financiallv feasible with a dedicated revenue source or an alternative revenue source if the dedicated revenue source is not realized. Figures provided for years six through ten of the Schedule of Capital Improvements are estimates of revenues versus project costs but do not constitute a long term concurrency system. All public facilities shall be consistent with the County's Capital Improvement Element, pursuant to Section 163.3177(3)(b)1. Florida Statutes. Words underlined and double underlined are additions, words ~tNGk tt:lFel:lgt:l or ~8ijb18 StFY91L UmHsI!ji:;! are deletions. 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K o g U ~ < D ~ r K ~ ~ " ~ u o EXHIBIT "An COLLIER COUNTY SCHEDULE OF CAPITAL IMPROVEMENTS COST AND REVENUE SUMMARY TABLE FiSCAL YEARS 2009-2013 The table below itemizes the types of public facilities and the sources of revenue, The "Revenue Amount" column contains the 5-Year amount of facility revenues. The right column is a calculation of expenses versus revenues for each type of public facility. All deficits are accumulated as a subtotal. The subtotal deficit is the source of additional revenue utilized by Collier County to fund the deficit in order to maintain the levels of service standards as referenced in the Capital Improvement Element. Proiects ROAD PROJECTS Revenue Sources Expenditure Revenue Amount Total Revenues: IF -Impact Fees I COA Revenue GA - Gas Tax Revenue GR - Grants / Reimbursements CF -CarryForward TR-Transfers GF ~ General Fund DC - Developer Contribution Agreements I Advanced Reimbursements LOC - Shon Term Loan Commercial Paper RR-RevenueReserve $147,000,000 $104,588,000 $32,757,000 $34,552,000 $0 $119,509,000 $0 $50,000,000 -$3,068,000 $485,338,000 Less Expenditures: $485,338,000 Balance $485338000 10 POTABLE WATER PROJECTS Revenues' WIF - Water System Development Fees/Impact Fees B1 - Series 2006 Bonds RR - Operating Reserve Revenues B3-Series2010 Bonds lOC - Commercial Paper 1 SRF5-SRF Loan 5 SRF6 - SRF Loan 6 WCA - Water Capital Account REV - Rate Revenue $19,120,000 $0 $550,000 $0 $0 $0 $0 $21,520,000 $4,650,000 $45,840,000 $45,840,000 $45,840,000 Balance 10 $45,500,000 $5,340,000 $420,000 $0 $0 $0 $30,230,000 $5,820,000 $87,310,000 $87,310,000 $87,310,000 Balance 10 Less Expenditures' SEWER . WASTEWATER PROJECTS Revenues SIF - Wastewater System Development Fees/Impact Fees B1 ~ Series 2006 Bonds RR - Operating Reserve Revenues B3-Series2010 Bonds SRF - State Revolving Fund Loans LOC ~ Commercial Paper, Additional Senior Lien SCA - Wastewater Capital Account. Transfers REV - Rate Revenue Less Expenditures SOUD WASTE PROJECTS Revenues: LTF -LandfiilTipping Fees $10,923,000 $10,923,000 $10,923,000 $10,923,000 Balance $0 $0 $0 $0 $0 $0 $0 Balance $0 $10,200,000 $0 $0 $38,769,680 $48,969,680 $48,969,680 $48,969,680 Balance $0 TOTAL REVENUE $678,3BO,680 SOURCES $678,3BO,680 Less Expenditures PARK & RECREATION PROJECTS Revenues IF -Impact Fees GR - Grants I Reimbursements GF-General Fund Less Expenditures: STORMWATER MANAGEMENT PROJECTS Revenues: GR ~ Grants I Reimbursements CF-CarryForward RR - Operating Reserve Revenues GF - General Fund less Expenditures: TOTAL PROJECTS G:\Comprehensive\Comp_ Planning GMP DATAIComp. Plan Amendments\2007-200B Combined Cycle Petitions\20Q8 Cycle PetitionsICPSP-2008--6_ CIE\16 Dee 08 CCPC Adoption 2oo8-B CIE\16 Dee 08 ADPTN (}/j_ B CIE tables{9-13),xls CIE - 23 Collier County Schedule of Capital Improvements Public School Facilities Projects For the purpose of school concurrency, and in accordance with Policy 4.2. the County hereby incorporates, by reference, the School District's Capital Improvement Plan FY 09-28, approved on April 15, 2008 and subsequently amended on May 15, 2008; and, the District Facilities Work Program FY 09-13, adopted by the School Board on August 21,2008 is hereby incorporated as data and analysis. Words underlined and douhlA IJnnArlinAn are additions, words stFYsk thrsw€lR or EhHslbls stRlslt 1~F8b1!t1x1 are deletions. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29. 2008 (IX) = Plan Amendment by Ordinance No. 2008-55 on October 14, 2008 (X) = CCPC Adoption Version 2.2, prepared for January 16, 2009 CIE - 25 Footnotes These footnotes provide brief explanations of revenue sources and their acronyms found in the Schedule of Capital Improvements, and where to find related supporting data & analysis. 1. Note: Impact Fee (IF) revenues are projected from actual historical revenue and current permitting activity and forecasts. Refer to Appendix "I". Certain impact fees are referenced with direct connection to facility type, such as Water Impact Fees (WIF) or Sewer Impact Fees (SIF) and may be termed System Development fees. Water and sewer impact fees are also projected based on population projections prepared by the Comprehensive Planning Department. 2. Note: Grant and Reimbursement (GR) revenues are based on project-specific funding agreements with the State of Florida, South Florida Water Management District or other agency. Refer to Appendix "I". 3. Note: Developer Contribution Agreement (DC) or advanced reimbursement revenues are based on a project-specific agreement with an active developer doing business in Collier County. 4. Note: Certificate of Adequacy (COA) revenues are projected from historical revenue information. 5. Note: Gas Tax (GA) revenues are projected from historical revenue information. Refer to Appendix "I". 6. Note: Ave Maria (AV) revenues are based on a project-specific Developer Contribution Agreement (DCA) with Ave Maria Development, LLLP. Refer to Appendix "f". 7. Note: Carry Forward (CF) revenues are based on a combination of encumbered and unencumbered funds from prior years that will continue to rollover until they are spent. 8. Note: Transfer (TR) revenue is money coming in from another fund, and is projected from historical information. Refer to Appendix "I". 9. Note: General Fund (GF) revenues are projected from historical revenue information. Refer to Appendix "I". 10. Note: Revenue Reserve (RR) revenues are based on a percentage of total new revenue. Refer to Appendix "I". Words underlined and douhle undertinRd are additions, words stA::lslt: tAFe\:;l.!31=1 or ~8yblB etfYBIi t1uByglcl are deletions. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 (IX) = Plan Amendment by Ordinance No. 2008-55 on October 14, 2008 (X) = CCPC Adoption Version 2.2, prepared for January 16, 2009 CIE - 26 11. Note: Revenue Bond Financing (B) or Bond Proceeds (revenue) are usually received as a lump sum but occasionally can be received in installments, and are not based on historical revenues. In some instances, this item is actually shown as an expense for bond debt service payments, and in other instances, this item shows bond revenue proceeds. Revenue bond covenants and commercial paper documentation are voluminous and do not appear in support documents. The pertinent information is however provided in the Consultina Enaineerina and Financial Feasibilitv Reoort. dated October 25, 2006, and appears in Appendix "r 12. Note: Capital Account (CA) revenues are projected based on the capital projects spending needs. Refer to Appendix "I". Certain capital accounts are referenced with direct connection to facility type, such as Water Capital Accounts (WCA) and Sewer Capital Accounts (SCA). 13. Note: User Fee (UF) revenues are projected from historical revenue information. Refer to Appendix "/". Certain user fees are referenced with direct connection to the user under contract, such as Waste Managcmcnt Fccs ('NMF) Landfill TiDDina Fees (L TF). 14. Note: Community Redevelopment Area (CRA) or Municipal Service Taxing Unit revenues are projected from historical revenue information. 15. Note: State Revolving Fund Loan (SRF) revenues are received in installments during the course of a project. Refer to Appendix "r 16. Note: Commercial Paper (LOC) or local financial institution loan revenue is short-term borrowing usually meant for funding projects underway until such time another funding source is received. Commercial paper documentation and revenue bond covenants are voluminous and do not appear in support documents. The pertinent information is however provided in the Consultina Enaineerina and Financial Feasibilitv Reoort, dated October 25, 2006, and appears in Appendix "r 17. Note: Rate Revenue (REV) revenues are based on historical revenue information combined with the projection of volume change and revenue requirement projections. Refer to Appendix "I". Words underlined and double underlined are additions, words E:tNGk tf:1rel:l~R or dBw.,la atRlolt U'IFElW!jR are deletions. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 (IX) = Plan Amendment by Ordinance No. 2008-55 on October 14. 2008 (X) = CCPC Adoption Version 2.2. prepared for January 16, 2009 CIE - 27 (VIII) V, PROGRAMS TO ENSURE IMPLEMENTATION Through continued implementation of adopted land development regulations the following programs have been implemented to ensure that the goals, objectives and policies established in this Capital Improvement Element will be achieved or exceeded. (1I1)(VIII) 1. Development Order Review As part of the review of all applications for final site development plans, final plats, and (except for public school facilities) building permits, the County will determine whether or not there will be sufficient capacity of public facilities, as described in Policy 1.1 above, to meet the standards for levels of service for the existing population and for the proposed development in accordance with the requirements of the Concurrency Management System. As part of the review for all development orders other than final site development plans, final plats, and (except for public school facilities) building permits, for those having negative impacts on public facilities, the County will determine whether or not sufficient capacity of public facilities are planned for construction concurrent with the impacts on levels of service that will be created by the proposed development during the next five fiscal years. (1l1)(VIII) 2. Impact Fees Impact Fee Ordinances will require the same standard for the level of service as is required by Policy 1.5. (III) 3. Annual Budget The annual budget will include in its capital appropriations all projects in the Schedule of Capital Improvements that are planned for expenditures during the next fiscal year. (1l1)(VIII) 4. Semi-annual Report The mandatory semi-annual report to the Florida Department of Community Affairs - concerning amendments to the comprehensive plan due to emergencies, developments of regional impact, and selected small developments - will identify changes, if any, to adopted goals, objectives and policies in this Capital Improvement Element. III)(VIII)(IX) 5. Update of Capital Improvement Element The monitoring of, and adjustment to. this Capital Improvement Element is an ongoing process necessitated by changing conditions. Beginning no later than December of each year, the ej;;lement will be updated in conjunction with the County's budget process, and the release of the official BEBR population estimates and projections. The update will include: (VIII) (VIII) (VIII) (VIlI)(X) A. Revision of population projections; B. Updates of facility inventory; C. Update of unit costs; D. Update of facilities requirements analysis to project 10 year needs (by fiscal year) in order to program projects to meet the service standards recoanizina onlv the first 5 vears are Words underlined and dOlJhle underlined are additions, words stNsk tRrel:l€JR or ~8y~18 stfYBI- tt:lrBIeI!tR are deletions. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29,2008 (IX) = Plan Amendment by Ordinance No. 2008-55 on October 14, 2008 (X) = CCPC Adoption Version 2.2, prepared for January 16, 2009 CIE -28 (VIII) (VIII) (VIII)(IX) (IX) subiect to the financial feasibilitv requirements set forth in Obiective 2 and Policies 2.1 throuqh 2.10 above; E. Update of revenue forecasts in order to evaluate financial feasibility and the County's ability to finance capital improvements needed to meet the Service standards; F. Roviso ana aevelop Revisions to and development of capital improvement projects for the next five years. The first year's schedule of projects will be incorporated into the County's budget effective October 1 st; G. The incorporation, by reference, of the annual update to the School District of Collier County's financially feasible Five-Year Capital Improvement Plan, formally adopted by the School Board between July 1 and October 1 each year; and, adoption of the District Facilities Work Program prepared by the School District pursuant to Section 1013.35(1 )(b), Florida Statutes, shall be adopted as part of the data and analysis in support of the School District's Five-Year Capital Improvement Plan: and, H. Update of the health facilities analysis. (III)(IX) 6. Concurrency Management System The County has established a Concurrency Management System. The system consists of the following components: 1I1)(VIII)(IX) (IX) A. The Annual Update and Inventory Report on Public Facilities (AUIR) on the capacity and levels of service of public facilities, as described in Policy 1.1 above, compared to the standards for levels of service adopted in Policy 1.5 of this Element. The AUIR summarizes the actual capacity of existing public facilities and forecasts the capacity of existing and planned public facilities for each of the five succeeding fiscal years. For the purposes of long range capital facility planning, a ten year forecast of projected needed capacity is also done. These forecasts are based on the most recently updated Schedule of Capital Improvements in this Capital Improvement Element. Notwithstanding any other provisions in this Capital Improvement Element, the annual approval of the AUIR and the identified needed projects and revenues by the Board of County Commissioners constitutes evidence of the capacity and levels of service of public facilities, not including public school facilities, for the purpose of consideration durinq updates to this Capital Improvement Element. issuing dovolopmont orders during tho 12 months follo'.ving the approval of the I\UIR Tho /\UIR will go into offeet immodiatoly upon approval by tho Collier County Board of County Commissioners. B. The School District's annually updated financially feasible Five-Year Capital Improvement Plan. formally adopted by the School Board between July 1 and October 1 each year, and adopted by reference into this Element. The District's Plan shall contain a financially feasible report that demonstrates the School District's ability to meet the facility and capacity needs for current and projected students enrolled in Collier County Schools, and that the levels of service standards adopted by Policy 1.5 of this Element will be maintained by the end of the five-year planning period. Words underlined and nOlJhlp. underlined are additions, words strush: tl=lr-el:l€J1=I or ~91ls1b18 atRJBIi: 1AF8WSR are deletions. (VIII) = Plan Amendment by Ordinance No. 2008-04 on January 29, 2008 (IX) = Plan Amendment by Ordinance No. 2008-55 on October 14. 2008 (X) = CCPC Adoption Version 2.2. prepared for January 16, 2009 CIE - 29 (VIII) C. Public facility capacity review. The County shall use the procedures specified in Implementation Programs 1 and 6 to enforce the requirements of Policies 5.1, 5.2. 5.3 and 5.4 of this Element. D. Review of changes in planned capacity of public facilities. The County shall review each amendment to this Capital Improvement Element in particular any changes in standards for levels of service and changes in the Schedule of Capital Improvements in order to enforce the policies of this Element. E. Concurrency Management Implementation Strategies. The County shall annually review the Concurrency Management Implementation Strategies that are incorporated in this Capital Improvement Element: 1. Standards for levels of service are applied within appropriate geographical areas of the County. Standards for County-wide public facilities are applied to development orders based on levels of service throughout the County. 2. Standards for public facilities that serve less than the entire County are applied to development orders on the basis of levels of service within assigned areas. (IX) 3. Standards for public school facilities are applied to development orders within the geographic boundaries of the Concurrencv Service Areas (CSAs} for each school type. 4. Levels of service are compared to adopted standards on an annual basis. Annual monitoring is used, rather than case-by-case monitoring, for the following reasons: a. annual monitoring corresponds to annual expenditures for capital improvements during the County's fiscal year; and b. annual monitoring covers seasonal variations in levels of service. (III)(VIII) 7. Third Evaluation and Appraisal Report The required third Evaluation and Appraisal Report (EAR) will address the implementation of the goals, objectives and policies of this Capital Improvement Element. The monitoring procedures necessary to enable the completion of the third evaluation include: (VIII) A. Review of annual reports of the Concurrency Management System, as set forth in Section 6 above; (VIII) B. 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" U " . o ~ u 11 N 8 , ~ i > < o " 0: o ! u ~ < a . , o o ~ 0: o > 8 r ~ ! y o APPENDIX H FUTURE COSTS AND REVENUES BY TYPE OF PUBLIC FACILITY COST AND REVENUE SUMMARY TABLE FISCAL YEARS 2014-2018 The table below itemizes the types of public facilities and the sources of revenue_ The "Revenue Amount" column contains the 5- Year amount of facility Projects ROAD PROJECTS Revenues: Less Expenditures. Revenue Sources Revenue Expenditure Amount Total $175,000,000 $120,000,000 $0 $0 $0 $120,000,000 $0 $0 $0 $415,000,000 $415,000,000 $415,000,000 Balance $0 $88,180,000 $2,540,000 $99,420,000 $21,430,000 $211,570,000 $211,570,000 $211,570,000 Balance $0 $174,640,000 $18,000,000 $1,390,000 $0 $0 $0 $101,760,000 $19,570,000 $315,360,000 $315,360,000 $315,360,000 Balance $0 IF - Impact Fees I COA Revenue GA - Gas Tax Revenue GR - Grants I Reimbursements CF - Carry Forward TR - Transfers GF - General Fund DC - Developer Contribution Agreements I Advanced Reimbursements LOC - Short Term Loan Commercial Paper RR - Revenue Reserve Revenues: POTABLE WATER PROJECTS Less Expenditures' WIF - Water System Development Fees RR - Operating Reserve Revenues WCA - Water Capital Account REV - Rate Revenue Revenues' SEWER. WASTEWATER PROJECTS Less Expenditures SIF - Wastewater System Development Fees B 1 - Series 2006 Bonds RR - Operating Reserve Revenues B3 - Series 2010 Bonds SRF - State Revolving Fund Loans lOC - Commercial Paper, Additional Senior Uen SCA - Wastewater Capital Account REV - Rate Revenue SOLID WASTE PROJECTS Revenues: Less Expenditures L TF - Landfill Tipping Fees $0 $0 Balance $0 $0 $0 $0 Balance $0 $0 $0 Revenues PARK & RECREATION PROJECTS Less Expenditures IF - Impact Fees GR - Grants / Reimbursements GF - General Fund $0 $0 $0 STORMWATER MANAGEMENT PROJECTS Revenues. Less Expenditures GR - Grants I Reimbursements CF - Carry Forward CRA - Community Redevelopment Area/Municipal Service Taxing Unit GF - General Fund $10,000,000 $0 $0 $35,000,000 $45,000,000 $45,000,000 $45,000,000 $0 Balance $986,930,000 TOTAL PROJECTS TOTAL REVENUE $986,930,000 SOURCES GlComprlll18flsivIIIComp. Planning GMP DATAIComp. Plan Amandmants\2007-200B Combined Cy~la PII1~ions\2008 Cycla Pa!rtionsICPSP.2008-6, CIE\16 Dac 08 CCPC Adoption 2008-8 CIE\16 Dac 08 ADPTN 08-8 CIE lablas(14-18}_xls C,olfftr C,oun:ty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION, COMPREHENSIVE PLANNING DEPARTMENT HEARING DATE: JANUARY 16, 2009 SUBJECT: Petition CPSP-2007-6, Ten-Year Water Supply Facilities Work Plan, Growth Management Plan Amendment [exempt from twice per year amendments to GMP per Section 163.3177(6)(c), Florida Statutes]. (ADOPTION HEARING) POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT ELEMENT: Transmittal hearings for this amendment were held on September 5, 2007 (EAC), September 6, 2007 (CCPC), and on September 25, 2007 (BCC). The Transmittal recommendations/actions are set forth on Page 2 of this report. Subsequent to the transmittal of the Plan that was sent to DCA in September 2007, DCA published its first guidelines for preparing water supply comprehensive plan amendments and water supply facilities work plans in November of 2007. DCA was over a year late in developing the guidelines. Therefore, the 10-Year Water Supply Facilities Work Plan submitted to DCA by Collier County did not include all the requisite information consistent with the guidelines for preparing water supply facilities work plans. Modifications to the Plan have been prepared accordingly. On November 27, 2007, DCA sent the County an Objections, Recommendations and Comments (ORC) Report on the proposed amendment to the Potable Water Sub-Element of the GMP and 10-Year Water Supply Facilities Work Plan. However, due to the sequence and timing of Evaluation and Appraisal Report (EAR) based GMP amendments, it was not possible to be consistent with the County's CIE and meet the statutory adoption deadline of January 12, 2008. Subsequent to DCA finding the County's EAR-based CIE not in compliance, the BCC approved a Compliance Agreement between DCA and the County that includes petitioners-in- intervention on December 11, 2007, setting forth the required remedial amendments to the CIE. The BCC held adoption hearings .for the remedial amendments to the CIE on January 29, 2008. Because of the delay in the process of the adoption of the County's CIE, the 10-Year Water Supply Facilities Work Plan that was required to be adopted on January 12, 2008 must be adopted subsequent to or concurrently with the County's 2009 CIE. If the County had adopted its 10-Year Water Supply Facilities Work Plan prior to the January 12, 2008 required submission date, DCA would have found the Plan not in compliance and would have issued a Notice of Intent to find the Plan not in compliance. This would have occurred because of the CIE's remedial amendments necessitated by the need to be financially feasible and the inconsistencies in the data and analysis which would have used population and other data from different years. Unfortunately, the difference in the data and analysis could not be avoided as the EAR-based GMP amendments were found not in compliance and consistency could not 1 occur until those compliance issues were addressed and DCA and Collier County entered into a settlement agreement. Because of the issues that were in the process of being resolved with DCA pertaining to the County's CIE, the County had to delay the adoption of the 10-Year Water Supply Facilities Work Plan in order to be consistent with the CIE on record. The CIE, which under normal circumstances wouid have been scheduled for adoption hearings in winter, was significantly impacted by the outcome of the January 29, 2008 CIE remedial amendments, and consequently presentation to the BCC was delayed as well. This updated 10-Year Water Supply Facilities Work Plan was prepared subsequent to the adoption of the County's compliance agreement-based CIE amendments in January 2008 per DCA's guidance. Thus, Collier County is using the most recent and best available data. The Comprehensive Planning Department has been coordinating with DCA the process of updating the 2009 CIE. Following DCA's suggestion, the adoption portion of the County's 10-Year Water Supply Facilities Work Plan will be submitted to DCA concurrently with the transmittal portion of the updated CIE in order to avoid inconsistencies in the data included in the two documents. Please note that there are no references in Section 163.3177(6)(c) of the Florida Statutes as to financial and planning sanctions as a result of not adopting the County's water supply plan by the January 12, 2008 statutory deadline. As noted in the attached e-mail correspondence from Mr. Ray Eubanks, Plan Review Administrator for DCA, the State agency has worked with the County in a jOint planning effort to solve the inconsistency issues between the 10- Year Water Supply Facilities Work Plan and the CIE. Likewise, a letter is attached, which states the BCC's intent to work with DCA (see Exhibit 6). TRANSMITTAL HEARING STAFF RECOMMENDATION: To transmit to DCA. NEIGHBORHOOD INFORMATION MEETING (NIM): A Neighborhood Information Meeting (NIM) is not required by Section 10.03.05.F of the LDC for Growth Management Plan amendments which are not site specific. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION and COMMENTS: To transmit to DCA (vote 6/0). The EAC expressed the following concern, and which they recognized is beyond the scope of the statutory requirement: to create a Water Supply Plan horizon for the area east of 951 that is served by private wells. This plan is to include a water supply study of future raw water availability, conservation methods, and a plan to provide surface lining for both water and sewer in this area of the County. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATIONS AND COMMENTS: to transmit to DCA (vote 9/0), subject to the following cO!J1ments: . Objective 1 of the Potable Water Sub-Element of the GMP requires the County to develop water supply sources to meet the future needs of only County owned and operated systems. The CCPC inquired of the legal basis as to why the County is required to report on private utilities and how that is consistent with the GMP. . The CCPC suggested standardization of the demand that is used for County owned and operated systems for all utilities that are cited in the 10-Year Water Supply Facilities Work Plan. 2 . The CCPC questioned how the County is to demonstrate that the 10-Year Water Supply Facilities Work Plan is feasible if the County cannot obtain all the necessary data from private utilities. . The CCPC suggested that the 10-Year Water Supply Facilities Work Plan demonstrate conservation methods to better reduce the County's daily demand. Note: All of the CCPC comments and recommendations have been addressed in the response document to the ORC Report. BOARD OF COUNTY COMMISSIONERS (BCC) ACTION: To transmit to DCA (vote 5/0). There were no registered speakers at any of the transmittal hearings. DEPARTMENT OF COMMUNITY AFFAIRS (DCA) OBJECTION. RECOMMENDATIONS AND COMMENTS (ORC) REPORT: The Objections Recommendations and Comment (ORC) Report is included as part of this amendment packet, as well as a response letter prepared by the County's consultant (Camp, Dresser and McKee, Inc.) with the assistance and input of County staff. Most notable are recommendations in regards to inclusion of quantified alternative water supply sources in the proposed 10-Year Water Supply Facilities Work Plan. The revised plan and response letter intends to highlight the County's present and future efforts in this matter and to demonstrate its leading edge in the State of Florida. The ORC Report notes the need for the private and other utilities to be consistent with the level of service standard (LOSS) that has been identified in the CIE. Both the 10-Year Water Supply Facilities Work Plan and the County's CIE have been revised to reflect the updated, and consequently the same, LOSS. Also noted in the ORC Report are recommendations to revise the CIE 5-Year Schedule of Capital Improvements to address the projects that were not listed in the adopted CIE at the time when the 10-Year Water Supply Facilities Work Plan was transmitted to DCA. In addition, the ORC Report recommends revising the population projections to be consistent with the County's adopted CIE and to coordinate with SFWMD population projections. The data included in the 10-Year Water Supply Facilities Work Plan has been updated in coordination with the SFWMD's staff, and as mentioned before, in order to avoid inconsistency between the revised 10- Year Water Supply Facilities Work Plan and the County's adopted CIE, the updated CIE will be transmitted to DCA concurrently with the adoption portion of the 10-Year Water Supply Facilities Work Plan, per DCA's suggestion. The following sections of the Collier County 10-Year Water Supply Facilities Work Plan have /ileen revised: . Executive Summary . Section 2.2.3 Everglades City . Section 2.2.9 Independent Districts . Section 3.1 Countywide Projections . Section 3.2.1 Collier County Water-Sewer District (CCWSD) . Section 4.1 Collier County Water-Sewer District (CCWSD) . Section 5.1 Collier County Water-Sewer District (CCWSD) . Section 6.1 Collier County Water-Sewer District (CCWSD) 3 . Section 8.1 Collier County Water-Sewer District (CCWSD) · Appendix A If an Objection set forth in the ORC Report is not adequately addressed when adopted, then the DCA may find the amendment to be "Not in Compliance" with Florida Statutes, and issue a Notice of Intent (NOI) to indicate such noncompliance. The County may respond to the ORC Report in one of four ways at Adoption: 1. not modify the amendment, but provide additional explanation of what the amendment is about, its purpose, what it will achieve [appropriate if we believe DCA simply does not understand/has misunderstood the amendment] and/or provide additional data and analysis to support the amendment; or 2. modify the amendment, so as to address the ORC issue; or, 3. modify the amendment, and provide additional explanation and/or provide additional data and analysis; or, 4. not adopt the amendment. LEGAL CONSIDERATIONS: This staff report has been reviewed by the Office of the County Attorney. STAFF RECOMMENDATION: That the Collier County Planning Commission forward the Ten-Year Water Supply Facilities Work Plan GMP Amendment (Petition CPSP-2007-6) to the Board of County Commissioners with a recommendation to adopt and transmit to the Florida Department of Community Affairs. 4 PREPARED BY: "- .1';/ ~ ARO A VALERA, PRINCIPAL PLANNER COMPREHENSIVE PLANNING DEPARTMENT DATE: /:4.,8.09 REVIEWED BY: ~,~ \,JJ-... DJwID WEEKS, AICP, PLANNING MANAGER COMPREHENSIVE PLANNING DEPARTMENT REV1~Y _ ~ ~ U~ RANDY CO EN, AICP, DIRECTOR COMPREHENSIVE PLANNING DEPARTMENT DATE: !; - /~. ,-S DATE: 12-1'l~o'Y DATE: I/d09 r DATE: S,J;<!vY1 R ED BY: iJ"d; A eta H IDI F. ASHTON-CICKO ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY DATE: I d-. - f r -nf APPROVED BY: DATE: 1':-0~,fe,r TITiaN NO.: CPSP-2007-6: Staff Report for the January 16, 2009 CCPC Meeting. NOTE: This petition has been advertised for the February 24, 2009 Bee Meeting. COLLIER COUNTY PLANNING COMMISSION: DATE: MARK STRAIN, CHAIRMAN G: ComprehensiveJlValeralCPSP-07-6ICPSP~7-6 CCPC Staff Report-AH 5 . STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Goo...... THOMAS G. PELHAM S_ MEMORANDUM TO: Jim Quinn, DEP Susan Harp, DOS Wendy Evans, AG Mary Ann Poole, FWC John Czerpak, FDOT 1 Ken Heatherington, Southwest Florida RPC P.K. Sharma, South Florida WMD Date: November 30, 2007 Subject ; Proposed Comprehensive Plan Amendment Review Objections, Recommendations and Comments Reports Enclosed are the Departments Objection, Recommendations and Comments Reports on the proposed amendments to the comprehensive plan(s) from tbe following local government(s): Collier Co 07RWSPI Tbese reports are provided for your information and agency meso Following the adoption of the amendments by the local governments and subsequent compliance review to be conducted by this agency, we will forward copies of the Notices of Intent published by eacb local government plan. If you have any questions, please contact Mr. Ray Eubanks at Suncom 278-4925 or (850) 488-4925. RE/lp Enclosure .2611 SHUMARO OAK BOULEVARD TALLAHASSEE, FLORIDA 32311-2100 Phone: 850.488.8466fSuncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: httD://www.dca state.'1 us CRITfCAL STATE CONCERN F1B.O OFFICE COMMUNITY PlANNING HOUSING.. COMMUNITY DEVELOPMENT fji) 'I,..;~r; STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Go'.error THOMAS G. PELHAM Secrelary November 30. 2007 The Honorable James Coletta, Chainnan Board of County Commissioners Collier County 3301 E. Tamiami Trail Naples, FL 34112 Dear Chainnan Coletta: The Department completed its review of the proposed comprehensive amendment for Collier County DCA No. 07RWSPI, which was received on October 2, 2007. Based on Chapter 163, Florida Statutes, we have prepared an attached report outlining our findings concerning the amendment. It is particularly important that the County address the objections set forth in our report so that these issues can be resolved prior to adoption. We have also included a copy of the regional and state agency comments for your consideration. Within the next 60 days, the County should act by choosing to adopt, adopt with changes or not adopt the proposed amendments. We have also included a copy of local, regional and state agency comments for your consideration. For your assistance, our report outlines procedures for the final adoption and transmittal. The proposed amendment contains the County's 10- Year Water Supply Facilities Work Plan and a corresponding amendment to Policy 1.7 of the Potable Water Sub-Elcment, to incorporate. by refercnce, the proposed 10- Year Water Supply Facilities Work Plan. The concerns raised in the ORC rcport include the lack of coordination of the County's water supply plan with the Lower Wcst Coast Water Supply Plan, 2006-2006 Edition. 2555 SHUMARD OAK BOULEVARD . TALLAHASSEE. FLORIDA 32399. 2100 Phone .350.488 8466.Suncom 278 8466 FAX' 850 921 0781.Suncom 2910781 I n I ern e I add res s: I:1JJ.Q..~i_,~ !lS~i_.5J_;J...!...o-,J _' JL'>_ CRITIC...... STATE CONCERN FrelD OFFICE COMMUNITY PLANNING 270:.6 C'.et~eas J+,.I"<Na.y. Suo!. 212 ;:~~5 Slll.ll1'0'O 03~ &:Le""ud r.fa'J~l"oo, FL ~3'5C.;221 Tal!a".:l~e. Fl32~99.2~ojO ,~r.", ~ "'Q. c.in., ,,,""', .."". ?"~>l EMERGENCV MANAGEMENT ~~S5 SI-"......1r,j CJ~ Bou.c.ard Tl'arasse.. Fl3t3'~9-2hiO ~c,... ..~ "'''r~ HOUSING & COMMU~ITV CEVELOPMENT :S~5 SI1,,''!'\:lf,iCak a,,,'e..,rd r,lHa"U5~, FL 3C:::!~.21(iO The Honorable James Colella Collier County 07RWSPI :-';O\cmber 30, 2007 Page 2 The Department's stalTis available to assistlhe County in rcsponding to the rcport. If you ha\e any questions, plcase contact Thomas 1. Tumminia, Planner, Di\ision of Community Planning. \Ir. Tumminia can be reached at (850) 922-182~. ) I I I Sincerely, I I / \ ,/ /' , ( ( /'.. ( / I _. . t7 /)... .--A \Iike \IcDanicl, Chicf Ollice ofComprchensi\e Planning ~IMDltjt Enclosures: Review Agency Comments cc: Mr. Joseph K. Schmitt, Administrator Mr. David Burr, Executive Director, Southwest Florida Regional Planning Council DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT COLLIER COUNTY COMPREHENSIVE PLAN AME:-.IDMENT 07RWSPI November 30, 2007 Division ofCommunily Planning This report is prepared pursuant to Rule 9J-11.01 0, F.A.C. INTRODUCTION The following objections, recommendations and comments are based upon the Department's review of Collier County's proposed Comprehensive Plan amendment. pursuant to Section 163.3184, Florida Statutes (F.S.). The objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida Administrative Codes (F.A.c.), and Chapter 163, Part II, F.S. The objections include a recommendation of an approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one of the other external review agencies. Ifthere is a difference between the Department's objection and the external agency advisory objection or comment, the Department's objection would take precedence. The County should address eaeh of these objections when the plan is resubmitted for our compliance review. Objections that are not addressed may result in a determination that the amendment is not in compliance. The Department may have raised an objection regarding missing data and analysis items that the County considers not applicable to its amendment. If that is the case, a statement, justifYing its non-applicability, pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will make a determination on the non-applicability of the requirement, and if the justification is suffieient, the objection will be considered addressed. The comments that follow the objections and recommendations are advisory in nature. Comments will not form bases ofa determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form bases of Departmental objections unless they appear under the "Objections" heading in this report. TRANSMITTAL PROCEDVRES Upon receipt of this letter, Collier County has 60 days in which to adopt, adopt with changes, or determine not to adopt the proposed comprehensive plan amendment. The process for adoption of local comprehensive plan is outlined in Section 163.3 I 84, FS., and Rule 9J-I 1.011, FA.C. Within ten working days of the date of adoption, the County must submit the following to the Department: Three copies of the adopted comprehensive plan amendment; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any, which were not included in the ordinance; and, A statement indicating the relationship ofthe additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the plan, and pursuant to Rule 9J-II.OII(5), F.A.C., please provide a copy of the adopted plan directly to the Executive Director of the Southwest Florida Regional Planning Council. Please be advised that the Florida Legislature amended Section 163.3 I 84(8)(b), F.S., requiring the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by the law to furnish to the Department the names and addresses ofthe citizens requesting this information. This list is to be submitted at the time of transmittal of the adopted amendment. As discussed in our letter sent to you on May 25, 2001, outlining the changes to Section 163.3 1 84(8)(b), FS., which were effective July I, 200 I, and providing a model sign-in information sheet, please provide these required nallles and addresses to the Department when )'ou tral!.mtit )'our adopted plan for compliance review. For efficiency, we encourage that the information sheet be provided in electronic format. OBJECTIONS RECOMMENDATIONS AND COMMENTS REPORT PROPOSED COMPREHENSIVE PLAN A:\IEND:\IENT 07D-l COLLIER COUNTY CONSISTENCY WITH RULE 9J-5, FAe., CHAPTER 163, F.S. & COLLIER COUNTY'S COMPREHENSIVE PLAN Collier County has proposed amendment 07R\VSPI, which consists of a text amendment to the Potable Water Sub-Element. The County revised Policy 1.7, Potable Water Sub-Element, to incorporate, by reference, the proposed Ten-Year Water Supply Facilities Work Plan. The County did not include any changes to the Capital Improvements Element or the Intergovernmental Coordination Element. The proposed text amendment is intended to address the requirement of Chapter 163.3177(6)( c), that local governments update their comprehensive plan within 18 months of the approval of the District Water Supply Plan (DWSP). Tbe Department bas Identified tbe following objections, a comment and recommendations to tbe proposed amendment. I. Objections A. Consistency With The Regional Water Supply Plan: The County did not demonstrate consistency with the South Florida Water Management District's Lower West Coast Water Supply Plan, 2005-2006 edition. The County's Work Plan acknowledges that deficits will occur in the various water supply districts, yet plans to utilize alternative water supply sources have not been proposed. For instance: I. The CCWSD currently operates under a consumptive use permit that authorizes 56.14 mgd which expires in year 2026; however, this utility incurs a supply deficit of 23.16 mgd in 2013, and 41.33 mgd in 2018, relative to the service area demand. The County's proposal to expand its current consumptive use permit and add a new well field did not include plans to utilize alternative sources of water supply that will help the County overcome the water supply source deficits, and not rely on water from the same traditional sources, such as the Lower Tamiami and the Mid Hawthorn aquifers, that are identified by the District as having limited availability and experiencing water quality deterioration. 2. The Immokalce Watcr and Scwcr District (IWSD) currently opcratcs a consumption use permit that authorizcs 3.36 mgd and expircs in 2010. The watcr analysis for IWSD indicatcd that it incurs a water supply dcficit for ycars 2005-2018. Howcvcr, it did not provide any planning stratcgy such as altcrnativc watcr supply projccts to dcmonstrate how it will mect the nccds within the planning horizon. 3.. Thc Ava Maria Utility Company (AMIJC) currently operates a consumptive use pennit that authorizes 1.26 MGD and expires in June 2011. The AMUC rcports a water source dcficit by 2013. AMUC did not provide any planning strategy such as altcmative water supply projects to dcmonstrate how it will meet the needs within the planning horizon. Pagc I 4. The Florida Governmental Utility Authority (FGUA) currently operates a consumption use penn it that authorizes \.92 mgd and expires in 2008. The water analysis for FGUA indicated that it incurs a water suppl)' deficit for years 2005- 2018. However, it did not provide any planning strategy such as alternative water supply projects to demonstrate how it will meet the needs within the planning horizon. 5. The Orange Tree Utility Company (OTUC)currently operates a consumption llse pennit that authorizes 0.86 mgd and expires in 2009. The water analysis for OTUC indicated that it would incur a water supply deficit by year 2012. However, it did not provide any planning strategy such as alternative water supply projects to demonstrate how it will meet the needs within the planning horizon. Therefore, the amendment is inconsistent with the following provisions: Sections 373.0361(2)(a); 163.3 I 77(4)(a); 163.3 I 77(6)(c); 187.20I(25){b)5 and 7, Florida Statutes; Rule 9J-5.011(2)(b) and (c), Florida Administrative Code Recommendation: Revise the Water Supply Work Plan to be consistent with the South Florida Water Management's Lower west Coast Water Supply Plan, 2005-2006 edition. The sources identified in the Work Plan must be demonstrated to have sufficient water to meet the projected needs of the County, including the needs for all independent water districts. The Water Supply Work Plan for the County should utilize the alternative water sources identified in the South Florida Water Management's Lower West Coast Water Supply Plan, 2005-2006 edition, such as the use of brackish water sources and aquifer storage and recovery. B. Lack of Policies Guiding Coordination: Section 163.3 1 77(4)(a), ES., requires the coordination of the local government comprehensive plan with the plans of the appropriate water management districts regional water supply plans approved pursuant to Section 373.0361, ES. The County has not included a policy committing to maintain consistency with the District's water supply plan. Therefore, the amendment is inconsistent with the following provisions: Sections 163.3177(4)(a); 163.31 77(6)(c) & (h),F.S.; and, Rules 9J.-5.011(2)(a); 9J- 5.015(3)(b) & (3)(c)II, FAC. Recommendation: Revise the water supply plan, the Intergovernmental Coordination Element or the Potable Water Sub-Elemcnt to establish a policy that requires the County to maintain consistency \\ith the District's Water Supply Plan 2005-2006 edition. Any cstablishcd policy for coordination with the Districts should idcntify thc mcans by which such coordination will be implemented to ensure consistency. C. The Collier County Ten- Ycar Water Supply Facilities Work Plan is not accompanied by a proposed update of the Capital Improvements Element that addressed the capital improvement needs for potable water facilitics and supplics within the short tenn (live years) planning period. Section 8 ofthc Water supply Work Plan includcd a long list of projects related to water supply. Howcver, none ofthcse improvements are proposed to be incorporated into the 5-Year Schedule of Capital Improvements to correct the identified Page" deficiencies and address the future water supply needs of the County identified in the work plan. Therefore, the amendment is inconsistent with the following provisions: Sections 163.3164(32); 163.3177(2) & (3)(b)l; and, 163.3177(5)(a), F.S.; Rules 91-5006(2); 91-5.006(3)(c)3; 91-5.006(4); 915.016(2)b, c, and f, FAC Recommendation: Revise the 5-Year Schedule of Capital Improvements to include the projects needed to correct the deficiencies identified in the work plan or are projected to occur within the next five years, including projects for the use of alterative water supply sources. All projects included in the 5- Year Schedule of Capital Improvements have to be funded with committed funding sources within the first three years and for years four and five, the County could use committed or planned funding sources, and demonstrate that there is adequate funding in all the identified sources to pay for the improvements. D. Lack of Data and Analysis: Section 373.0361(2), Florida Statutes requires all local governments to provide a list of water supply development project options, including traditional and alternative water supply project options, from which local government, government-owned and privately owned utilities, regional water supply authorities, multijurisdictiona1 water supply entities, self-suppliers, and others may choose for water supply development. Collier County did not comply with the State Statute because it did not include the water supply plans for four unincorporated areas and at a minimum did not include service agreements or memoranda of understandings regarding water supply in these areas. The areas include the following: · An unincorporated area per inter-local agreement with the City of Naples; · Plantation Island and Seaboard Village in Copeland served by Everglades City; · The Unincorporated area in Copeland served by Lee Cypress Water and Sewer Co- op; and, · The unincorporated area served by the Port of the Islands Community Improved District. Therefore, the amendment is inconsistent with the following provisions: Sections 163.3177(6)(a); 163.3 I 77(6)(c); 163.3 I 77(8), F. S.; and, Rules 91-5.005(2), FAC Recommendation: The County should revise the work plan to address the water supply planning for the unincorporated areas served by other utilities. At a minimum the County should provide the service area agreements or memoranda of understandings, document groMh projections, and discuss how and when water service will be expanded in the future to accommodate the water demand associated with anticipated growth in population in these areas. This information is needed in order to demonstrate that the water supply needs of these arcas have been identified and that there is a plan to provide for these areas. E. Inconsistent Projections: The County's projection ofwatcr nccds is not based on population projcctions that arc consistent with Section 373.0361 (2)(a)I., F.S.; and not based on best available data and anal)sis, as rC<juired. The population projections used Page 1/1 in the County's 10-Year Water Supply Plan have not been coordinated with the Water :\Ilanagement District; as a result, there is a huge difference between the water projections of the District and the County's projection of future water needs (i.e., the county's water demand projcctions is about 40% higher than that of the District). For water planning, under state law, the District shall consider the University of Florida's Burcau of Economic and Business Rcsearch (BEBR) medium population projections and "any population projection data and analysis submitted by a local government" if the data and analysis support the local government's comprehensive plan. Also, any adjustment of or deviation from the BEBR projections must be fully described, and the original BEBR data must be presented along with the adjusted data. The County's 10- Year Water Supply Plan is not supported by this infonnation; and the County has not demonstrated coordination of its population projections with the District in order to ensure consistency of the 10- Year Water Supply Plan with the District's Water Supply Plan, as required. Therefore, the amendment is inconsistent with the following provisions: Sections 163.3 177(6)(a); 163.3 I 77(6)(c); 163.3177(8), F. S.; and, Rules 9J-5.005(2), F.A.C Recommendation: Revise the 10- Year Water Supply Plan to utilize consistent population projections with the South Florida Water Management District, and the population projection must be consistent with the provisions of Section 373.036 I (2)(a) 1., F.S. During the EAR-based amendment, the Department approved a population projection methodology for the County that requires the County to use BEBR midrange plus an estimate of the seasonal population; this is the population methodology that must be used for the 10- Year Water Supply Plan, as well as for other facility planning activities in the County. Please coordinate the response to the ORC report with the Water Management District. F. Inconsistency witb Comprebensive Plan: The proposed potable water level of service standards for the Orange Tree Utility Company, the Florida Governmental Utility Authority, and the lmmokalee Water-Sewer District are not consistent with the adopted level of service standards within the County's comprehensive plan. Policy 3.1, of the Potable Water Sub- Element, indicates that all three independent potable water supply districts have a level of service standard of 100 gpcd; however the Orangc Tree Utility Company proposed 60gpcd, the Florida Governmental Water District proposcd 173 gpcd, and the lmmokalce Water- Sewer District proposed182 gpcd. The County did not include a text amcndmcnt to Policy 3.1, of the Potable Watcr Sub-Element to revise the adopted level of service standards for these watcr districts. In addition, no data and analysis was prescnted to support the changcs to the level ofscrviec standard cspceially an analysis of how increasing the levcl of service standard would promotc thc conscrvation of the watcr rcsource. Thcrcfore, the amendment is inconsistent with the following provisions: Sections 163.3177(2), & (4)(a); 163.3177(8), F.S.; and, Rules 9J-5.005(2), (3),(5); 9J- 5.006(4)(a); 9J-5.006(2)(a), F.A.C Recommendation: Rcvise the Tcn- Ycar Watcr Supply Plan to be consistent with the County's comprehensiw plan by either revising Policy 3.1 of the Potable Water Sub- Element amI any other appropriate policy to change the le\e1 of scrvice standards tor the Page IV Orange Tree Utility Company, the Florida Governmental Utility Authority, and the lmmokalee Water-Sewer District to those used in the work plan; or change those level of service standard used in the work plan to be consistent with the level of service standards that are established in Policy 3.1 of the Potable Water Sub-Element. If the County wants to establish ditTerent level of service standard for the independent water use districts, include the data and analysis that supports the standards and how they promote the conservation of the water resource. II Comments A. The Map that is after page 2-1 does not contain a legend, an identification or a number. The map should be revised to referenced 2-1 and to include a legend, an identification and a page number. B. The District commented that the reclaimed water system for the CCWSD relies on freshwater from two permitted well field as the backup source to meet peak demand on the reclaimed system. The District recommended that the County revise the Irrigation Quality Master Plan to address the planned capital improvements associated with a fully utilized reclaimed water system addressing the highest use of reclaimed water to meet the County's future needs. The County should address this comment by the District. C. The District commented that the Florida Governmental Utility Authority's existing facilities and proposed projects ditTer from the information in the District's approved alternative water supply grant. The District recommended that the Florida Governmental Utility Authority should confirm that if grants GGOl2 and GGOl5 have not changed it should revise tables 4-14 and 4-15, as appropriate. The County should address this comment by the District. III. Consistency with the State Comprehensive Plan The Department statThas identified potential inconsistency between this amendment and the State Comprehensive Plan: Goal (7) Water Resources, Policies (b) 4,5,9, II, 13: ensure that new development is compatible with local and regional water supplies; Protect and use natural water systems in lieu of structural alternatives and restore modified systems; protect aquifers from depletion and contamination through appropriate regulatory programs and through incentives; promote water conservation as an integral part of water management programs as well as the use and reuse of water of the lowest acceptable quality for the purposes intended; and, identify and develop alternative methods of wastewater treatment, disposal, and reuse ofwastewater to reduce degradation of water resources; Goal (17) Public Facilities, (b) I, 3, 4, 5, 6, 7 and 9: Maximize the use of existing public facilities, allocate the costs of new public facilities based on the benefits received by existing and future residents, and develop fiscally sound and cost ctTective techniques for financing public facilities; (20) Governmental Efficiency, (b) I: I. Encourage greater cooperation between, among, and within all levels of Florida government through the use of appropriate interlocal agreements and mulual participation lor mutual henefit; and Page V Goal (25) Plan Implementation, (a)(b) 5: ensuring that functional plans are designed to achieve policies and goals consistent with the state law. Recommendation: Revise the amendments, as indicated in the objections and recommendations of this report, in order to be consistent with the above goals and policies of the State Comprehensive Plan. Page VI ---.... ~~ .~:\~'\,,\~ I \/~ <;;.",...,..,.1-,,,.1' ""~'~,~/\ : ...~ ~I ~., ~y '~,: ).)\. . SOUTH FLORIDA WATER MANAGEMENT DISTRICf 330l Gun Oub Road, Wl!:$t Palm Be&ch. Florida J34.l~t> . (561) 686-8800 . FL WATS 1~800-432.2045 . TOD (561) 697-257:1 ~tailing Address: P.o. &x 24680, West Palm Beam. n. 23-J]6-4680 . wW'l.v.sfwmdgov - GOV 08-04 q J3-f 11!;;n,,!v) November 21,2007 ,~ay Eubanks, Administrator Plan Review and Processing Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Dear Mr. Eubanks: Subject: Proposed amendment comments Collier County, DCA tI07.RWSP1 The South Florida Waler Management District (District) has completed its review of Collier County's proposed amendment to the 2007 Growth Management Plan, Public Facilities Element, Potable Water Sub-element, including by reference the Water Supply Facilities Work Plan. Wrth Collier County's good track record in providing for a~emative water supplies, we find this proposed amendment inconsistent as it does not appear to meet the minimum requirements for a Water Supply Facilities Work Plan as defined in section 163.3167(13). FS. Collier County's proposed plan does not provide sufficient water supply to meet projected demands for either the five or ten year planning horizons. Also, the plan's reliance on future additional water from a limited source of fresh groundwater is inconsistent with the LWC Plan Update and frankly the County's past planning and implementation practices. An expansion of brackish sources and aquifer storage and recovery was recommended in the LWC Plan Update approved July 12, 2006. Collier County will need to consider altemative water supply sources as it meets the water demand of a rapidly growing population. The District has other comments concerning population projections, service area agreements, capital improvements, water reuse, and the lack of related supporting documentation. These comments are captured in the attached report. The District offers its technical assistance and cooperation to the Department of Community Affairs and Collier Coun\y on any of the issues identified in the attached comments. Please contact John Mulliken 61 )682-$49 for further assistance. Sin Ray Eubanks, Administrator . November 21, 2007 Page 2 c: Ken Heatherington. SWFRPC James V. Mudd, Collier County John Mulliken, SFWMD Bernard Piawa\ DCA -. -~ Name of Agency: Review Coordinator: Local Government: SFWMD Response Date: South Florida Water Management District Murray Miller (561)682-6789 Collier County November 19,2007 ------------------------------------------------------------- ------------------------------------------------------------- Background Collier County (County) is proposing to amend the Potable Water Sub-Element of the Infrastructure Element of its Growth Management Plan. The amendment adopts the 10-Year Water Supply Facilities Work Plan (Work Plan) by reference. The Work Plan contains the comprehensive long range water supply plan for the unincorporated area of the County. The incorporated cities of Naples, Everglades City, and Marco Island are served by their own municipal utilities and are responsible for submitting individual water supply facility work plans. In 2003, the Collier County Board of County Commissioners designa1ed the Collier County Water and Sewer District (CCWSD) as responsible for serving the "Rural Fringe Areas. bounded on the east by the Urban Planning Boundary. The CCWSD's service area boundary was established by a special legislative act. The unincorporated areas lying outside of the CCWSD's service area are currently served by independent districts or private utilities, as noted below: . Immokafee Wa1er and Sewer District (IWSD) . Florida Govemmental Utility Authority (FGUA) . Orange Tree Utility Company (OTUC) . Ave Maria Utility Company (AMUC) Summary of Comments The Water Supply Facilities Work Plan covers the staMory minimum of 10 years but does not meet other critical statutory requirements. In particular, the plan does not identify adequate water sources and facilities to meet the county's demand projections during the 10 year planning horizon. The South Florida Water Management District's (SFWMD) analysis concludes that the County's proposed sources of water are not adequate to serve the projected water demand before the end of the initial 5-year planning horizon with a growing deficit through 2018. Additionally, the plan relies on developing sources of potable water thafare not consistent with the Lower West Coast Waler Supply Plan Update (lWC Plan Update). An expansion of brackish sources and aquifer storage and recovery was recommended in the lWC Plan Update. The District also has identified major issues related to inter-local service area agreements, population projections, water demand projections, and sources of potable water. The District has Identified additional issues associated with water reuse and the lack of supporting documentation. 1 Major Comments 1. Comment: CCWSD currently operates under a consumptive use permit (CUP) which authorizes 56.14 million gallons per day (MGD) from three aquifer sources, including the Lower Tamiami Aquifer, which is a traditional source of fresh groundwater. The Work Plan acknowledges that under the current CUP, which expires in 2026, this utility incurs supply deficits of 23.16 MGD in 2013 and 41.33 MGD in 2018 relative to the service area demand. The permit caps fresh water available from the Lower Tamiami at 18.8 MGD, and brackish water from the Hawthom aquifer at 16.0 MGD. The permit assumes that the remaining 22 mgd would come from brackish sources due to resource limitations on the freshwater aquifer. However, he CCWSD has submitted an application to increase the withdrawal limit of the Lower Tamiami Aquifer component of their permit and assumes in the Work Plan that such an allocation will be granted. The LWC Plan Update did not include these projects and recommended the development of brackish water sources (24 MGD by 2015) and aquifer storage and recovery (9 MGD by 2015). Recommendation: The County should recognize the difficulty in acquiring allocations from sources of limited availability such as the Lower Tamiami and revise the Work Plan to reflect sources of water and treatment facilities consistent with the LWC Plan Update. The proposed quantities of water must be adequate to satisfy the demands projected in the comprehensive plan. 2. Comment: The projected water demands of the CCWSD are more than 30% greater than those in the LWC Plan Update. The per capita use rates and service area boundaries are generally similar to the LWC Plan Update's assumptions. The basis for the difference appears to be differences in the underlying population projections (See comment #5, below). Recommendation: Provide an explanation of the differences in water demand projections for the CCWSD provided in the Work Plan and the LWC Plan Update. To the exUlnt that an alternate population methodology is used, this should be submitted to the Florida Department of Community Affairs (DCA) fOf their approval. If approved, the population should be utilized throughout the comprehensive plan. 3. Comment Even with the proposal to expand the current permit and acid a new well field, the Worle; Plan still reports a source deficit by 2013. At this time, 2 -- the Work Plan only notes that .unspecmed modmcations are anticipated to further address these deficits". Recommendation: Reconsider alternative water supply sources as the means to address the remaining supply deficits reported in future years, as recommended in the LWC Plan Update. The deficit may be larger if the proposed expansion of Lower Tamiami withdrawals can not be supported. 4. Comment The Work Plan acknowledges that water supply plans for the following unincorporated areas of Collier County are not included in the CCWSD: . An unincorporated area per inter-local agreement with the City of Naples; . Plantation Island and Seaboard Village in Copeland served by Everglades City; . The unincorporated area in Copeland served by Lee Cypress Water and Sewer Co-op; and, · The unincorporated area served by the Port of the Islands Community Improvement District. Recommendation: Address water supply planning for the unincorporated areas served by other utilities. At a minimum, provide service area agreements or memoranda of understanding, document growth projections, and discuss how and when water service will be expanded in future years to accommodate the water demand associated with anticipated growth in population in these areas. 5. Comment The projected water demand for the CCWSD is based on an analysis of the peak season populations. The LWC Plan Update is not based on the peak season populations and therefore a direct comparison of the two projections is not possible. Collier County's projections of CCWSD's service area population are approximately 40% greater than contained in the LWC Plan Update. Recommendation: Provide additional information that distinguishes the increment of all increases in permanent population from the seasonal population. Assuming use of a DCA-approved methodology, provide a cross-walk that explains the differences between the County's projections of permanent population, the SFWMD's LWC Plan Update, and projections included in the current consumptive use permit and pending CUP applications. -. 6. Comment The capital improvements projects included in Section 8 of the Work Plan should be incorporated into the Capital Improvements Element of the Growth Management Plan. Wrthout these amendments to the Capital Improvements Element, the Work Plan is not consistent with statutory requirements. 3 Recommendation: Amendments to the Capital Improvements Element should' be included along with the amendments to the Infrastructure Element, Potable Water Sub-Element. The updated Capital Improvement Element should include the additional or expanded projects necessary to meet the projected demand. Additional Comments 1. Comment Ave Maria Utility Company's current CUP expires in June 2011 and a water source deficit is reported in 5-10 years. The utility is proposing to develop 4 MGD of well field capacity from fresh groundwater beginning in 2009. The LWC Plan Update recommends the development of brackish and reclaimed sources. Recommendation: Ave Maria Utility Company should undertake a technical study of the avaitability of groundwater sources well in advance of need. If fresh groundwater sources are limited, the utirrty should evaluate the technical feasibility of alternative sources as recommended in the LWC Plan Update. 2. Comment The reclaimed system relies on freshwater from two pennitted well fields as the backup source to meet peak demand on the reclaimed system. The County has submitted an application for additional baCkup sources, including the Lower Tamiami Aquifer, a limited source of fresh groundwater. Little analysis has been provided in the Work Plan regarding the need for additional peak- demand withdrawals in support of the reclaimed water system. Recommendation: Revise the Irrigation Quality Water Master Plan to address the planned capital improvements associated with a fully utilized reclaimed water system addressing the highest use of reclaimed water to meet the County's future needs. 3. Comment FGUA's existing facilities (Tables 4-14 and 4-15) and proposed projects (Table 8-3) differ from the information in the District's approved alternative water supply grant. The grant proposal lists existing facilities and projects GG012 and GG015. Recommend.9tion: Confinn that project elements have not changed, and revise Tables 4-14 end 4-15 as appropriate. 4 COLLIER COUNTY GOVERNMENT Community Development & Environmental Services Division Comprehensive Planning Department. 2800 North Horseshoe Drive. Naples, Florida 34104 Florida Department of Community Affairs Mike McDaniel, Chief Office of Comprehensive Planning 2555 Shumard Oaks Blvd. Tallahassee, Florida 32399-2100 RE: Adoption of Proposed 2007 Growth Management Plan Amendment, adding the 10-Year Water Supply Facilities Work Plan by reference into the Potable Water Sub-Element of the Public Facilities Element, as required by Section 163.3177(6)(c), Florida Statutes. Dear Mr. McDaniel: The Collier County Comprehensive Planning Department has reviewed the ORC Report that was generated by your office with respect to the proposed comprehensive plan amendment, DCA No. 07RWSP1. In response to this Report, the Collier County Comprehensive Planning Department has prepared the attached response document and has revised its proposed 10- Year Water Facilities Work Plan. Many of the objections in the ORC report pertain to the need for Collier County Water-Sewer District (CCWSD) to include alternative water supply sources in the County's 10-Year Water Supply Facilities Work Plan (Plan), as the use of alternative water supply sources is recommended by South Florida Water Management District in the Lower West Coast Water Supply Plan. Consequently, in the revised Plan, the CCWSD has included all of the alternative water supply projects that it has developed since the early 1990's and plans to continue to develop over the next 10 years. CCWSD strives to use alternative water sources whenever feasible, and is proud to be one of the leading County public utilities that have adopted alternative water supplies as a way of life and is considered a leader in alternative water supplies in the State of Florida. The following excerpt table illustrates the sheer volume of water that is generated by alternative water supply projects as compared to traditional freshwater projects. As shown in the table on the following page, CCWSD is currently capable of delivering up to 68.1 MGD of alternative water supply to its customers compared to only 24 MGD from traditional water supplies. Based on the projects identified in the revised 10-Year Water Supply Facilities Work Plan, by 2018, CCWSD projects to generate a ratio of 84.35 MGD of alternative water supply and only 25.25 MGD from traditional sources. Phone (239) 403-2400 Fax (239) 213-2946 www.colliergov.net Facility Name Year Alternative AWS Design Traditional Online Water Capacity Design Capacity Supply (MGD) (MGD) Proiect Water Treatment Facilities NCRWTP MF Online No 0.0 12.0 NCRWTP LPRO Online Yes 8.0 0.0 SCRWTP LS Online No 0.0 12.0 SCRWTP LPRO Online Yes 20.0 0.0 NCRWTP HPRO 2011 Yes 2.0 0.0 NERWTP Phase 1 LPRO 2014 Yes 3.75 0.0 NERWTP Phase 1 Ion Exchange 2014 .... No 0.0 1.25 --.. ----- Total 33.75 25.25 - Water Reclamation Facilities NCWRF Online Yes 24.1 0.0 SCWRF Online Yes 16.0 0.0 NCWRF Expansion 2017 Yes 6.5 0.0 NEWRF Phase 1 2017 Yes ___===J ~oo 6 0.0 ~~ Total ....----.------.- 0.0 Collier County intends to continue to maintain coordination with the various private utilities that serve the unincorporated areas of the County to the greatest extent possible while taking into consideration the limitations of the County's regulatory authority allowed with respect to these utilities. Collier County is confident that the additional information, data and analysis address the objections raised in the ORC Report, which include the objections raised by the South Florida Water Management District. Should you need any additional information, please feel free to contact our offices. Sincerely, L ~t, A1ep, 0;,,,,,, Comprehensive Planning Department Community Development and Environmental Services Division Collier County Government Phone (239) 403-2400 Fax (239) 213-2946 www.colliergov.net RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS (DCA) OBJECTIONS RECOMMENDATIONS AND COMMENTS (ORC) REPORT DATED NOVEMBER 30, 2007 Responses to the objections, recommendations and comments are in bold. 1. Objections A. Consistency with the Regional Water Supply Plan: The County did not demonstrate consistency with the South Florida Water Management District's Lower West Coast Water Supply Plan, 2005-2006 edition. The County's Work Plan acknowledges that deficits will occur in the various water supply districts, yet plans to utilize alternative water supply sources have not been proposed. For instance: I. The CCWSD currently operates under a consumptive use permit that authorizes 56.14 mgd which expires in year 2026; however, this utility incurs a supply deficit of 23.16 mgd in 2013, and 41.33 mgd in 2018, relative to the service area demand. The County's proposal to expand its current consumptive use permit and add a new wellfield did not include plans to utilize alternative sources of water supply that will help the County overcome the water supply source deficits, and not rely on water from the same traditional sources, such as the Lower Tamiami and the Mid-Hawthom aquifers, that are identified by the District as having limited availability and experiencing water quality deterioration. 2. The Immokalee Water and Sewer District (IWSD) currently operates a consumption use permit that authorizes 3.36 mgd and expires in 2010. The water analysis for IWSD indicated that it incurs a water supply deficit for years 2005-2018. However, it did not provide any planning strategy such as alternative water supply projects to demonstrate how it will meet the needs within the planning horizon. 3. The Ave Maria Utility Company (AMUC) currently operates a consumptive use permit that authorizes 1.26 mgd and expires in June 2011. The AMUC reports a water source deficit by 2013. AMUC did not provide any plaruring strategy such as alternative water supply projects to demonstrate how it will meet the needs within the plaruring horizon. 4. The Florida Governmental Utility Authority (FGUA) currently operates a consumption use permit that authorizes 1.92 mgd and expires in 2008. The water analysis for FGUA indicated that it incurs a water supply deficit for years 2005-2018. However, it did not provide any plaruring strategy such as alternative water supply projects to demonstrate how it will meet the needs within the plaruring horizon. 5. The Orange Tree Utility Company (OTUC) currently operates a consumptive use permit that a-llthorizes 0.86 mgd and expires in 2009. The water analysis J;Or OTUC indicated that it would incur a water supply deficit by year 2012. However, it did not provide any plaruring strategy such as alternative water supply projects to demonstrate how it will meet the needs within the plaruring horizon. Therefore, the amendment is inconsistent with the following provisions: Sections 373.0361(2)(a); 163.3177(4)(a); 163.3177(6)(c); 187.201(25)(b) 5 and 7, Florida Statutes; Rule 9J-5.011(2)(b) and (c), Florida Administrative Code. 1 Recommendation: Revise the Water Supply Work Plan to be consistent with the South Florida Water Management's Lower West Coast Water Supply Plan, 2005-2006 edition. The sources identified in the Work Plan must be demonstrated to have sufficient water to meet the projected needs of the County, including the needs for all independent water districts. The Water Supply Work Plan for the County should utilize the alternative water sources identified in the South Florida Water Management's Lower West Coast Water Supply Plan, 2005-2006 edition, such as the use of brackish water sources and aquifer storage and recovery. ResDonse to Obiection A: Collier County is only required to coordinate with and consider the Lower West Coast Water Supply Plan (LWCWSP) Update. It is important to note that "consistency" with the regional water supply plan is not the legal standard that the County is required to meet. Section 163.3167(13), Florida Statues, which is referenced in the DCA ORC Report dated November 30, 2007, provides that: "Each local government shall address in its comprehensive plan, as enumerated in this chapter, the water supply sources necessary to meet and achieve the existing and projected water use demand for the established planning period, considering the applicable plan developed pursuant to s. 373.0361." (emphasis added) Section 373.0361 relates to the development of regional water supply plans by the water management districts. Collier County believes that the plain language of Section 163.3167(13), Florida Statutes, does not require a local government's comprehensive plan to be consistent with the applicable regional water supply plan, but only to consider the applicable water supply plan. Similarly, the provISions of Chapter 163, Florida Statutes regarding the consideration of regional water supply plans in the adoption of comprehensive plan amendments do not require the consistency, but coordination with the South Florida Water Management District's Water Supply Plan. The County is required to coordinate with the regional water supply plan, but it is not required to make comprehensive plan amendments consistent with the regional water supply plan. The legislation is clear in that consistency under Chapter 163 is not required. Section 163.3177(4)(a) states: "Coordination of the local comprehensive plan with the comprehensive plans of adjacent municipalities, the county, adjacent counties, or the region; with the appropriate water managemeiJt district's regional water supply plans approved pursuant to s. 373.0361; with adopted rules pertaining to designated areas of critical state concern; and with the state comprehensive plan shall be a major objective of the local comprehensive planning process. To that end, in the preparation of a comprehensive plan or element thereof, and in the comprehensive plan or element as adopted, the governing body shall include a specific policy statement indicating the relationship of the proposed development of the area to the comprehensive plans of adjacent municipalities, the county, adjacent counties, or the 2 region and to the state comprehensive plan, as the case may require and as such adopted plans or plans in preparation may exist." (emphasis added) Coordination only requires that the County include consideration of the information in the regional water supply plan in its comprehensive planning process. Unlike coordination, consistency would require that the comprehensive plan be effectively regulated by the regional water supply plan. As stated above, this is not required under any section of Florida Statutes. Notably, Section 163.3177(4)(a) places coordination with the water management district's regional water supply plan in the same category of coordination with "the comprehensive plans of adjacent municipalities, the county, adjacent counties, or the region." Thus a local government is no more required to adopt plan amendments that conform to the goals, objectives and policies of the applicable regional water supply plan as it is required to conform them with the comprehensive plans of neighboring local governments. Section 136.3177(6)(a) requires that the future land use plan in the comprehensive plan "shall be based on surveys, studies, and data regarding the area including the amount of land required to accommodate anticipated growth... the availability of water supplies, public facilities, and services..." However, this does not require consistency with the regional water supply plan. Section 163.3177(6)(c) requires that the general sanitary sewer, solid waste, and potable water element "incorporate the alternative water supply project or projects selected by the local government from these identified in the regional water supply plan pursuant to s. 373.0361(2)(a) or proposed by the local government under s. 373.0361(7)(b)." In addition, the comprehensive plan element must identify such alternative water supply projects and traditional water supply projects and conservation and reuse necessary to meet the water needs identified in section 373.0361(2)(a) within the local government's jurisdiction and include a work plan, covering at least a 10 year planning period, for building public, private, and regional water supply facilities, including development of alternative water supplies, which are identified in the elements as necessary to serve existing and new development. Consequently, though these provisions require coordination with the regional water supply plan, they do not require the local government to conform its plan amendments to what is suggested by the water management district through its regional water supply plan (see attached Memorandums from CCWSD's counsel, Exhibit 1). 3 Responses to Objection A.1: a) "this utility incurs a supply deficit of 23.16 mgd in 2013, and 41.33 mgd in 2018" As shown in Table 6-1 of the revised plan submitted by Collier County, there are no water supply deficits in CCWSD's plan to meet future water supply needs. The deficits reported in Table 6- 1 are deficits in the permitted supply and not the amount of available water supply. CCWSD has conducted multiple wellfield test programs throughout the County and has determined that there are adequate water supplies in the Lower Hawthorn Aquifer (brackish), Hawthorn Zone 1 (brackish), and the Lower Tamiami Aquifer (freshwater) to meet the raw water requirements of the water treatment facilities outlined in CCWSD's portion of the submitted plan. It should also be noted that the permit deficits are for mostly brackish water sources. b) "The County's proposal to expand its current consumptive use permit and add a new wellt,eld did not include plans to utilize alternative water sources. . ." As outlined in Table 5-5 of the revised plan, CCWSD plans to construct 7 MGD of additional treatment capacity, of which 5.75 MGD will be supplied from alternative water supplies. Through its extensive use of alternative water supplies since 1999, Collier County has determined that to most efficiently operate its alternative water supply (low pressure reverse osmosis (LPRO) for brackish water) treatment equipment, it must provide a post treatment blend of freshwater prior to distribution. Therefore, CCWSD intends to continue pursuit of additional minimal freshwater supplies to maximize the efficiency of its alternative water supply program, as recommended in the LWCWSP. It should also be noted that CCWSD has the largest reclaimed water distribution system in South Florida, which it plans to expand through the development of new water reclamation facilities which are presented in the Plan. Through utilization of this alternative water supply, Collier County has been able to reduce demands on its potable system by approximately 15 MGD. c) ". ..not rely on water from the same traditional sources, such as the Lower Tamiami and Mid-Hawthorn Aquifers, that are identified by the District as having limited availability and experiencing water quality deterioration." As stated on page 90 of the LWCWSP, "The availability of new supply from the freshwater aquifers in the LWC Planning Area is limited due to resource issues, including wetland protection, saltwater intrusion and aquifer protection criteria. Land use changes anticipated in the region include the reduction in agricultural acreage in Collier and Lee counties, but increased 4 agricultural acreage in Hendry and Glades counties. These changes, especially the reduction in agricultural lands in Lee and Collier counties, may create opportunities for other water users to seek new freshwater allocations. Such opportunities should be addressed on a case-by-case basis due to the site-specific variations that occur in aquifer confining units and other factors. " As stated above, CCWSD intends to continue to pursue additional freshwater withdrawals from the Lower Tamiami Aquifer in order to maximize utilization of it alternative water supply program. A new subsection titled, "Pursuit of Additional Freshwater Withdrawa,ls" has been added to section 4.1.1 Water Supply Permits of the Plan. The subsection identifies that CCWSD intends to continue pursuit of additional freshwater withdrawals and provides a justification as to why and how CCWSD believes these withdrawals can be permitted. CCWSD plans to continue utilization of the Mid-Hawthorn Aquifer. This aquifer has been identified as an alternative water supply in Collier County due to the brackish nature of the aquifer and has only been limited in usage by the SFWMD because of a lack of historical data. CCWSD expects to receive a full 20 year permit for this source when the permit is renewed in 2011. Response to Objections A.2 to A.S: For privately held or investor owned utilities in Collier County covered by this Plan (AMUC and OTUC), Collier County has limited regulatory authority by which to require privately held or investor owned utilities to provide information for Comprehensive Planning efforts (see attached Memorandum from the Office of the County Attorney, Exhibit 2). For FGUA, by interlocal agreement between the parties, County Regulatory Staff is limited to reviewing andlor approving rates, fees andlor charges relating to the FGUA system in Collier County. Collier County Regulatory Staff and Comprehensive Planning staff receives an annual fiscal budget from FGUA with their five year capital improvement plan as well as any periodic revisions pertaining to rate making, budgeting and planning projects. For IWSD, Collier County Regulatory Staff has no regulatory authority over this utility. For OTUC, County regulatory staff has been informed by the party responsible in charge of this utility that OTUC was granted an additional 0.87 mgd consumptive use permit on November 11, 2004, providing for a total consumptive use of 1.73 mgd. 5 Under the Growth Management Plan (GMP) and Land Development Code (LDC), Collier County may have the authority to require these utilities to provide planning information related to water supply availability in support of development orders within the utilities' service areas. The following are excerpts from the GMP and LDC. Objective 3 of the Potable Water Sub-Element of the GMP states: OBJECTIVE 3: Pursuant to Chapter 163.3202, F.S., including any amendments thereto, Collier County has implemented procedures to ensure that at the time a development order is issued, potable water facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Section 10.02.07. of the Land Development Code contains requirements for the submittal for certificate of public facility adequacy. Specifically, Section 10.02.07.A of the LDC states: In order to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park and road public facilities are available concurrent with when the impacts of development occur on each public facility, Collier County shall establish the following development review procedures to ensure that no development orders subject to concurrency regulation are issued unless adequate public facilities are available to serve the proposed development. Unfortunately, this authority would only be effective when a developer pursues a development order within the service area of one of these utilities and identifies the utility as its service provider to meet the water concurrency requirement. Information requests to each of the utilities were made by County Regulatory Staff and/or Comprehensive Planning Staff to those in responsible charge of each utility and the information received was incorporated into the Plan. Each utility was given a copy of the draft version of the Plan and allowed the opportunity to provide comments, prior to the rQport being submitted to DCA. The report submitted was provided to the responsible party in charge of each utility. Please see attached e-mail correspondence from Comprehensive Planning staff and the different private utilities requesting information and review of the data included in the 10-Year Water Supply Facilities Work Plan in the exhibit portion of this document. Please note that in the case of AMUC and FGUA, a 6 letter from each utility's counsel indicating that no additional future information would be provided to the Comprehensive Planning Department without compensation. The information included in the 10-Year Water Supply Facilities Work Plan from AMUC and FGUA is to our knowledge the best information available and obtained by Collier County Government's staff in coordination with SFWMD's staff (see Exhibit 3). B. Lack of Policies Guiding Coordination: Section 163.3177(4)(a), F.S. requires the coordination of the local government comprehensive plan with the plans of the appropriate water management districts regional water supply plans approved pursuant to Section 373.0361, F.S. The County has not included a policy committing to maintain consistency with the District's water supply plan. Therefore, the amendment is inconsistent with the following provisions: Sections 163.3177(4)(a); 163.31 77(6)(c) & (h), F.S.; and, Rules 9J-5.01l(2)(a); 9J-5.015(3)(b) & (3)(c) II, F.A.C. Recommendation: Revise the water supply plan, the Intergovernmental Coordination element or the Potable Water Sub-Element to establish a policy that requires the County to maintain consistency with the District's Water Supply Plan 2005-2006 edition. Any established policy for coordination with the districts should identify the means by which such coordination will be implemented to ensure consistency. Response to Objection B: Please review the response to Objection A, which addresses the extent to which Collier County must coordinate its Plan with the LWCWSP. As stated on page 88 of the LWCWSP, "In accordance with Section 373.0361(6), Florida Statutes (F.S.), nothing contained in the water supply component of a regional water supply plan should be construed to require local governments, public or privately owned utilities, special districts, self- suppliers, multijurisdictional entities and other water suppliers to select that identified project. If the projects identified in this plan update are not selected by a utility, the utility will need to identify another method to meet its needs and advise the District of the alternate project(s), and a local government will need to include such information in its 10-Year Water Supply Facilities Work Plan." As stated in the Objection, "Section 163.3177(4)(a), F.S. requires the coordination of the local government comprehensive plan with the plans of the appropriate water management district's regional water supply plans..." However, the statute does not require<.the local govemment to be consistent with the district's regional water supply plan. Collier County consulted the 2005.2006 LWCWSP in preparation of its 10-Year Water Supply Facilities Work Plan. In fact, all of the future supply projects identified in the 10-Year Water Supply Facilities Work Plan are included in the LWCWSP, with the exception of freshwater projects proposed by CCWSD and AMUC. However, it should be noted that on pages 95 and 96 of the LWCWSP where the SFWMD excluded the proposed freshwater projects for each of these utilities, the following caveat was included, 7 "Exclusion of freshwater projects from this plan update does not limit or influence the permittability of these supply projects. Supporting studies will be needed to determine availability of traditional sources, which are limited by resources and other constraints." In addition to the lack of a requirement that local government's comprehensive plan amendments be made consistent with a water management district's regional water supply plan, the provisions of Chapter 373, Florida Statutes relating to the effect of regional water supply plans explicitly provide that regional water supply plans do not require local governments to select water supply development projects identified in the regional water supply plan. Section 373.0361(6), Florida Statutes provides: "Nothing contained in the water supply development component of a regional water supply plan shall be construed to require local governments, government-owned or privately owned water utilities, special districts, self-suppliers, regional water supply authorities, multijurisdictional water supply entities, or other water suppliers to select a water supply development project identified in the component merely because it is identified in the plan. Except as provided in s. 373.223(3) and (5), the plan may not be used in the review of permits under part II unless the plan or an applicable portion thereof has been adopted by rule. However, this subsection does not prohibit a water management district from employing the data or other information used to establish the plan in reviewing permits under part II, nor does it limit the authority of the department or governing board under part II." (emphasis added) As also explained in Section 373.0361(6) above, regional water supply plans may not be used as criteria for the review of water use permit applications, unless the regional water supply plan has been adopted by rule by the water management district. Nevertheless, the Potable Water Sub-Element (PWSE) of the Collier County's GMP requires coordination with the SFWMD's Lower West Coast Water Supply Plan. Specifically, Objective 1 of the PWSE states: "The County shall locate and develop potable water supply sources to meet the future needs of the County owned and operated systems, said supply sources meeting the minimum Level of Service Standards established by this Plan. The development and utilization of new potable water supply sources and the acquisition of land necessary for such deve/opmfmt shall be based upon the information, guidelines and procedures identified within the County's Ten-Year Water Supply Facilities Work Plan (as updated annually), the Collier County Water- Sewer Master Plan, and the Lower West Coast Water Supply Plan prepared by the South Florida Water Management District." In addition, Policies 1.4; 1.5; 1.6; and 1.7 of the PWSE specifically require coordination with SFWMD's Lower West Coast Water Supply Plan (see attached PWSE, Exhibit 4). 8 C. The Collier County to-Year Water Supply Facilities Work Plan is not accompanied by a proposed update of the Capital Improvements Element that addressed the capital improvement needs for potable water facilities and supplies within the short-term (five years) planning period. Section 8 of the Water Supply Work Plan included a long list of projects related to water supply. However, none of these improvements are proposed to be incorporated into the 5-Year Schedule of Capital hnprovements to correct the identified deficiencies and address the future water supply needs of the County identified in the Work Plan. Therefore, the amendment is inconsistent with the following provisions: Sections 163.3164(32); 163.3177(2) & (3)(b)t; and, 163.177(5)(a), F.S.; Rules 9J-5006(2); 9J- 5.006(3)(c)3; 9J-5.006(4); 9J-5.016(2)b, c, and f, F.A.C. Recommendation: Revise the 5-Year Schedule of Capital Improvements to include the projects needed to correct the deficiencies identified in the Work Plan or are projected to occur within the next five years, including projects for the use of alternative water supply sources. All projects included in the 5-Year Schedule of Capital Improvements have to be funded with committed funding sources within the first three years and for years four and five, the County could use committed or planned funding sources, and demonstrate that there is adequate funding in all the identified sources to pay for the improvements. Response to Objection C: The Capital Improvements Element of the Collier County Growth Management Plan only includes projects belonging to the CCWSD and other County agencies. As stated above, Collier County has no authority over the other utilities within the County to force them to participate in the comprehensive planning process. Based on the latest population projections from the University of Florida's Bureau of Economic and Business Research (BEBR), CCWSD is scaling back its capital improvements plan and deferring many projects to start beyond the 5 year capital improvements planning window. Currently, there are no new projects identified in the 10.Year Water Supply Facilities Work Plan that need to be added to the 5-Year Schedule of Capital Improvements. Master plans and user and impact fee studies are part of a coordinated effort approved by the BCC. As such, user rates and impact fees are structured as committed funding sources for the Capital Improvements Element of the Collier County Growth Management Plan. FurthEirmore, as suggested by DCA, the updated 10-Year Water Supply Facilities Work Plan is being submitted concurrently with the updated County's CIE in order to avoid the logical inconsistencies between the most recent data of the proposed 10.Year Water Supply Facilities Work Plan and the County's prior financially feasible CIE adopted last January 2008. The updated CIE includes the list of projects and necessary funding in the next 5.Year horizon to support the data in the 10.Year Water Supply Facilities Work Plan. 9 D. Lack of Data and Analysis: Section 373.0361(2), Florida Statutes requires all local governments to provide a list of water supply development project options, including traditional and alternative water supply project options, from which local government, government-owned and privately owned utilities, regional water supply authorities, multijurisdictional water supply entities, self-suppliers, and others may choose for water supply development. Collier County did not comply with the State Statutes because it did not include the water supply plans for four unincorporated areas, and at a minimum, did not include service agreements or memoranda of understandings regarding water supply in these areas. The areas include the following: · An unincorporated area per inter-local agreement with the City of Naples; · Plantation Island and Seaboard Village in Copeland served by Everglades City; · The unincorporated area in Copeland served by Lee Cypress Water and Sewer Co-op; and; · The unincorporated area served by the Port of the Islands Community Improved District. Therefore, the amendment is inconsistent with the following provisions: Sections 163.3177(6)(a); l63.3177(6)(c); 163.3177(8), F.S.; and, Rules 9J-5.005(2), F.A.C. Recommendation: The County should revise the Work Plan to address the water supply plaruring for the unincorporated areas served by other utilities. At a minimum, the County should provide the service area agreements or memoranda of understandings, document growth projects, and discuss how and when water service will be expanded in the future to accommodate the water demand associated with anticipated growth in population in these areas. This information is needed in order to demonstrate that the water supply needs of these areas have been identified and that there is a plan to provide for these areas. Responses to Objection D: a) An unincorporated area per inter-local agreement with the City of Naples The unincorporated area of Collier County served by the City of Naples through an inter-local agreement is a substantially developed part of the County that is not expected to experience significant growth during the 10 year planning periOd of this Plan. Therefore, CCWSD believes no additional planning efforts are required for this area. A copy of the interlocal agreement by which the City of Naples services this area is included in the revised Plan (Appendix A). b) Plantation Island and Seaboard Village in Copeland served by Everglades City Unlike the unincorporated area served by the City of Naples, Plantation Island and Seaboard Village are not part of the Collier County Water Sewer District. For this reason Collier County contends that it is not responsible to provide planning efforts to supply water to these communities. These areas are analogous to the Golden Gate Estates portion of Collier County, which is served 10 entirely by self-supply, for which the County is not responsible for providing service. c) The unincorporated area in Copeland served by Lee Cypress Water and Sewer Co-op Planning information for the unincorporated area in Copeland served by the Lee Cypress Water and Sewer Co-op was not included in the Plan, due to the relatively small nature of the community. Based on Florida Department of Environmental Protection (FDEP) records, the utility currently has a capacity of 80,000 gpd and a population of 145 people. Between 2008 and 2018 the population of the community is projected to grow to 167 residents. Assuming a per capita water demand of 170 gpcd, the required utility capacity needed in 2018 would be 28,390 gpd. Based on the projected population and assumed per capita demand, the utility should continue to meet the needs of its residents without expansion through the 10-year planning period. Therefore, no additional consideration is given to this utility in the Plan. d) The unincorporated area served by the Port of the Islands Community Improved District Planning information for the unincorporated area served by the Port of the Islands Community Improved District was not included in the Plan, due to the relatively small nature of the community. Based on FDEP records, the utility currently has a capacity of 435,000 gpd and a population of 501 people. Between 2008 and 2018 the population of the community is projected to grow to 738 residents. Assuming a per capita water demand of 170 gpcd, the required utility capacity needed in 2018 would be 125,460 gpd. Based on the projected population and assumed per capita demand, the utility should continue to meet the needs of its residents without expansion through the 10-year planning period. Therefore, no additional consideration is given to this utility in the Plan. E. Inconsistent Projections: The County's projection of water needs is not based on population projections that are consistent with Section 373.0361(2)(a)l., F.S.; and not based on best available data and analysis, as required. The population projections used in the County's 10-Year Water Supply Plan have not been coordinated with the Water Management District; as a result, there is a huge difference between the water projection~ of the District and the County's projection of future water needs (i.e., the County's water demand projections is about 40% higher than that of the District). For water planning, under state law, the District shall consider the University of Florida's Bureau of Economic and Business Research (BEBR) medium population projections and "any population projection data and analysis submitted by a local govemment" if the data and analysis support the local government's comprehensive plan. Also, any adjustment of or deviation from the BEBR projections must be fully described, and the original BEBR data must be presented along with the adjusted data. The County's 10- Year Water Supply Plan is not supported by this information, and the County has not demonstrated coordination of its 11 population proj ections with the District in order to ensure consistency of the 10- Y ear Water Supply Plan with the District's Water Supply Plan, as required. Therefore, the amendment is inconsistent with the following provisions: Sections 163.3177(6)(a); 163.3177(6)(c); 163.3177(8), F.S.; Rules 9J-5.005(2), F.A.C. Recommendation: Revise the IO-Year Water Supply Plan to utilize consistent population projections with the South Florida Water Management District, and the population projection must be consistent with the provisions of Section 373.0361(2)(a)I., F.S. During the EAR-based amendment, the Department approved a population projection methodology for the County that requires the County to use BEBR midrange plus an estimate of the seasonal population; this is the population methodology that must be used for the IO-Year Water Supply Plan, as well as for other facility planning activities in the County. Please coordinate the response to the aRC report with the Water Management District. Response to Objection E: The population projections provided in the submittal of the Collier County 10-Year Water Supply Facilities Work Plan were taken from the County's 2006 AUIR, which did not employ a DCA approved methodology for their calculation. As noted above, Collier County adopted its 2007 AUIR after the submittal of the 10-Year Water Supply Facilities Work Plan to DCA in October 2007. The newly adopted 2007 AUIR contains population projections that are based on the DCA approved methodology of BEBR midrange plus 20% as an estimate of seasonal population. Collier County has resolved with DCA the remaining issues pertaining to the Capital Improvements Element (CIE). Furthermore, at the December 11, 2007 BCC hearing, the Board approved a compliance agreement between DCA and Collier County with regard to the remaining outstanding issues in the CIE and the CIE was subsequently adopted in January 2008 pursuant to that agreement and found in compliance by DCA. Consequently, the County has revised the proposed 10-Year Water Supply Facilities Work Plan to reflect the new DCA approved population methodology in time for the scheduled adoption hearings. The same population methodology was used in the CIE that is being submitted concurrently with the 10-Year Water Supply Facilities Work Plan. Please review the response to Objection A, which addresses the extent to which Collier County must coordinate its Plan with the LWCWSP. F. Inconsistency with Comprehensive Plan: The proposed potable water level of service standards for the Orange Tree Utility Company, the Florida Governmental Utility Authority, and the Immokalee Water-Sewer District are not consistent with the adopted level of service standards within the County's comprehensive plan. Policy 3.1, of the Potable Water Sub-Element, indicates that all three independent potable water supply districts have a level of service standard of 100 gpcd; however, the Orange Tree Utility Company proposed 60 gpcd, the Florida Governmental Water District proposed 173 gpcd, and the Immokalee Water-Sewer District proposed 182 gpcd. The County did not include a text amendment to Policy 3.1, of the Potable Water Sub-Element to revise the adopted level of service standards for these water districts. In addition, no data and analysis was presented to support the changes to the level of service standard especially an 12 analysis of how increasing the level of service standard would promote the conservation of the water resource. Therefore, the amendment is inconsistent with the following provisions: Sections 163.3177(2) & (4)(a); 163.3177(8), F.S.; and Rules 9J-5.005(2), (3), (5); 9J-5.006(4)(a); 9J-5.006(2)(a), FAC. Recommendation: Revise the IO-Year Water Supply Plan to be consistent with the County's comprehensive plan by either revising Policy 3.1 of the Potable Water Sub-Element and any other appropriate policy to change the level of service standards for the Orange Tree Utility Company, the Florida Governmental Utility Authority, and the Immokalee Water-Sewer District to those used in the Work Plan; or change those level of service standards used in the Work Plan to be consistent with the level of service standards that are established in Policy 3.1 of the Potable Water Sub-Element. If the County wants to establish different level of service standards for the independent water use districts, include the data and analysis that supports the standards and how they promote the conservation of the water resource. Response to Objection F: According to Policy 3.3 of the Potable Water Sub-Element, "The Level of Service Standards contained in Policy 3.1 are the minimum criteria for replacement, expansion or increase in capacity of potable water supply facilities." Further Objective 3 states, "Pursuant to Chapter 163.3202, F.S., including any amendments thereto, Collier County has implemented procedures to ensure that at the time a development order is issued, potable water facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan." By selecting LOSS greater than the LOSS identified in Policy 3.1, FGUA and IWSD are guaranteeing that they will meet Objective 3 when development orders are brought forward in their service areas. The 60 gpcd LOSS selected by OTUC reflects the fact the utility only provides for the potable water needs of its customers. Irrigation needs are met via individual wells and community irrigation systems that are supplied by on-site lakes. In the revised Plan the LOSS for determining future demand for OTUC was taken as 100 gpcd. Collier County does not have the authority to force these utilities to adopt the LOSS in Policy 3.1. Rather the LOSS are a guide by which Collier County can determine the concurrency of future development proposed in the service area of each utility. A copy of Collier County Ordinance 96-6, as amended, by which private and investor owned utilities are regulated by the Collier County Water and Wastewater Authority, is attached (see Exhibit 5). In addition, the updated 10-Year Water Supply Facilities Work Plan is being submitted concurrently with the County's updated CIE in order to provide consistent information between the LOSS included in the 10-Year Water Supply Facilities Work Plan and the Collier County's CIE. 13 II. Comments A The Map that is after page 2-1 does not contain a legend, an identification, or a number. The map should be revised to reference 2-1 and to include a legend, an identification and a page number. Response to Comment A: Map 2-1 was inadvertently truncated during the production process. The revised version of the Plan includes the legend, figure number and figure title. B. The District commented that the reclaimed water system for the CCWSD relies on freshwater from two permitted well fields as the backup source to meet peak demand on the reclaimed system. The District recommended that the County revise the Irrigation Quality Master Plan to address the planned capital improvements associated with a fully utilized reclaimed water system addressing the highest use of reclaimed water to meet the County's future needs. The County should address this comment by the District. Response to Comment B: As stated in the revised 10-YearWater Supply Facilities Work Plan, CCWSD is currently in the process of developing an Irrigation Quality Water Master Plan. It should be noted that once complete CCWSD will be one of the few utilities in Florida to have an Irrigation Quality Water Master Plan. CCWSD realized long ago the value of reclaimed water and has invested heavily in the creation and maintenance of the largest reclaimed water system in south Florida. CCWSD has taken several steps to address peak demands in its reclaimed water system including development of the two supplemental wellfields and the construction of a reclaimed water ASR. The two supplemental wellfields have allowed CCWSD to expand the number of reclaimed water customers it serves, while still fulfilling its contract obligations. Once the reclaimed water ASR becomes operational, CCWSD believes that it will help to minimize the need to utilize the supplemental wellfields. Additional measures to address peak demand and other operational issues will be evaluated in the development of CCWSD's Irrigation Quality Water Master Plan: CCWSD plans to continue utilization of the existing supplemental wellfields until such time that it can implement the projects identified in the Irrigation Quality Water Master Plan. C. The District commented that the Florida Governmental Utility Authority's existing facilities and proposed projects differ from the information in the District's approved alternative water supply grant. The District recommended that the Florida Governmental Utility Authority should confirm thatif grants GGOl2 and GGOl5 have not changed, it should revise tables 4-14 and 4-15, as appropriate. The County should address this comment by the District. Response to Comment C: Projects GG012 and GG015 are included in Section 5.3 and 8.3. 14 III. Consistency with the State Comprehensive Plan / The Department staff has identified potential inconsistency between this amendment and the State Comprehensive Plan: Goal (7) Water Resources, Policies (b) 4, 5, 9, II, 13: Ensure that new development is compatible with local and regional water supplies; protect and use natural water systems in lieu of structural alternatives and restore modified systems; protect aquifers from depletion and contamination through appropriate regulatory programs and through incentives; promote water conservation as an integral part of water management programs as well as the use and reuse of water of the lowest acceptability quality for the purposes intended; and, identify and develop alternative methods of wastewater treatment, disposal, and reuse of wastewater to reduce degradation of water resources; Goal (17) Public Facilities, (b) 1, 3, 4, 5, 6, 7 and 9: Maximize the use of existing public facilities, allocate the costs of new public facilities based on the benefits received by existing and future residents, and develop fiscally sound and cost-effective techniques for financing public facilities; Goal (20) Governmental Efficiency, (b) 1: Encourage greater cooperation between, among, and within all levels of Florida government tluough the use of appropriate interlocal agreements and mutual participation for mutual benefit; and Goal (25) Plan Implementation, (a)(b) 5: Ensuring that functional plans are designed to achieve policies and goals consistent with the state law. Recommendation: Revise the amendments, as indicated in the objections and recommendations of this report, in order to be consistent with the above goals and policies of the State Comprehensive Plan. Responses to Concerns abolJt Consistency with the State Comprehensive Plan: Goal (7): Collier County is committed to developing its future water supplies in a manner that is both environmentally and economically sound. As presented in the response to Objection A.1.c, the LWCWSP does not foreclose new freshwater supplies. Additionally, SFWMD does not have a rule prohibiting new freshwater supplies. As the responses ill this document indicate, a majority of the comments provided in the ORC RepDrt are based largely on misinterpretations of the information provided in the Plan. Collier County is confident that the responses provided will satisfy the concerns of the DCA and SFWMD and show that Collier County has planned properly for its future water supply needs. Goal (17): As illustrated in the response to Objection A,1, Collier County, specifically CCWSD, is striving to maximize the use of its existing alternative water supply treatment facilities through the utilization of freshwater blending before committing additional resources to new facilities. This effort to maximize use of existing public facilities must be supported by SFWMD through water use permitting, when utilities demonstrate the availability of additional freshwater supplies. 15 _..u<..~.____~,_~_.>.~<~..___u_'_'_~.___~_'___"__'_""_'_---,~."_... Based on the impact fee rate study titled, "Fiscal Year 2008 Water and Wastewater Impact Fee Study for Collier County Water-Sewer District" submitted by Public Resources Management Group, Inc. to the Collier County Board of County Commissioners on June 24, 2008 and as illustrated in Figure 1 (from the study) on the next page, CCWSD has the second highest water and sewer impact fees per Equivalent Residential Connection (ERC) in Southwest Florida. Should CCWSD agree to requests by the SFWMD to pursue alternative water supplies while traditional water supplies can still be utilized with no adverse impacts to the environment, CCWSD would have to further increase the impacts fees charged for new connections. This would have a punitive impact on both the residents and economy of Collier County, as additional increases to the impact fees would hinder economic growth in the County as individuals and institutions looking to build in Collier County would be greeted by higher fees to construct new infrastructure. Goal (20): Collier County employs interlocal agreements as appropriate and feasible. In addition the Potable Water Sub Element of the GMP includes Objectives and Policies that require coordination with the SFWMD's Lower West Coast Water Supply Plan. Goal (25): By incorporating the modifications and clarifications provided in this document into the 10-Year Water Supply Facilities Work Plan, Collier County is confident that its Plan will be functional and achieve the intent of the pOlicies and goals specified in the state law. Furthermore, as suggested by DCA, the County's updated CIE is being submitted concurrently with the proposed 10-Year Water Supply Facilities Work Plan in order to ensure consistency in data and to demonstrate funding sources in the next 5-year planning horizon. 16 c.: c ~....... ......... -r:.y DATE: January 16, 2009 TO: Planning Commissioners FROM: Marcia R. Kendall/Senior Planner RE: CCPC Advertisement Affidavit for Growth Management Plan Amendment CPSP-2007-6 Please be advised that due to timing the advertisement affidavit is not included but will be provided to the BCC. Thank you. Comprehensive Planning Department PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Planning Commission on Friday, January 16, 2009 at 8:30 A.M. in the Board of County Commissioners Meeting Room, 3,d Floor, Administration Building, County Government Center, 3301 East Tamiami Trail, Naples, Fiorida 34112. The purpose of the hearing is to consider adoption of an amendment to the Potable Water Sub-Element of the Public Facilities Element of the Growth Management Plan. The ORDINANCE title is as follows: ORDINANCE NO. 09- AN ORDiNANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR AMENDMENT TO THE POTABLE WATER SUB- ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN TO ADD A REFERENCE TO AND INCORPORATE THE COUNTY'S TEN YEAR WATER SUPPLY FACiLITIES WORK PLAN, PROVIDING FOR SEVERABILITY AND PROVIDING FORAN EFFECTIVE DATE. ~ CPSP-2007-6, A petition requesting an amendment to the Potable Water Sub- Element of the Public Facilities Element. to amend Policy 1.7 to add a reference to and incorporate the County's "Ten-year Water Supply Facilities Work Plan." [Coordinator: Carolina Valera, Principal Planner] All interested parties are invited to appear and be heard. Copy of the proposed amendment is available for inspection at the Comprehensive Planning Department, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to the document should be directed to the Comprehensive Planning Department (239-403-2400). Written comments filed with the Comprehensive Planning Department prior to January 16, 2009, will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Mark P. Strain, Chairman Collier County Planning Commission lhil Ilff IIlI 1111 Ihl ... 1111 1111 1111 IU' ~. . o Coil... County FlorId. o . . 'l ~ ~ . o - 'f \ , j . -- ......... ... ~ . No. 231121647 Januarv 5 2009 . . . delaParte & Gilbert, PA A:rroRNEYs AT lAW MEMORANDUM TO: Edward P. de la Parte FROM: Nicolas Q. Porter DATE: December 5, 2007 RE: Collier County - SFWMD's Comments on Proposed Comprehensive Plan Amendments Regarding Consistency with Regional Water Supply Plan Collier County subrnitted to the Florida Department of Community Affairs ("DCA") a proposed arnendment to its 2007 Growth Management Plan, Public Facilities Element, Potable Water Sub-element, which includes by reference its Water Supply Facilities Work Plan. The South Florida Water Management District ("SFWMD") has submitted comments to DCA on the County's proposed plan amendment, objecting on the basis that "we find the proposed amendment inconsistent as it does not appear to rneet the minimum requirements for a Water Supply Facilities Work Plan as defined in Section 163.3167(13), FS." SFWMD claims in part that the amendment incorporating the Water Supply Facilities Work Plan "does not identify source of potable water that are consistent with the Lower West Coast Water Supply Plan Update." /...... 1. Collier County is only required to coordinate with and consider the Lower West Coast Water Supply Plan Update It is important to note that "consistency" with the regional water supply plan is not the legal standard that the County is required to meet. Section 163.3167(13), Florida Statues, which is referenced in SFWMD's November 21, 2007 cover letter, provides that: Each local government shall address in its comprehensive plan, as enumerated in this chapter, the water supply sources necessary to meet and achieve the existing and projected water use demand for the established planning period, considering the applicable plan developed pursuant to s. 373.0361. Emphasis added. Section 373.0361, referenced in the quotation above, relates to the development of regional water supply plans by the water management districts. Contrary to SFWMD's assertion, the plain language of Section 163.3167(13), Florida Statutes does not require a local government's comprehensive plan to be consistent with a the applicable regional water supply plan, but only to consider the applicable water supply plan. Similarly, the provisions of Chapter 163, Florida Statutes regarding the consideration of regional water supply plans in the adoption of comprehensive plan amendments do not require the consistency SFWMD attempts to read into the statute. The County is required to coordinate with the regional water supply plan, but it is not required to make comprehensive plan amendments consistent Page 1 of 3 with the regional water supply plan. The Legislature was quite clear that consistency under Chapter 163 is not required. Section 163.3177(4)(a) states: Coordination of the local comprehensive plan with the comprehensive plans of adjacent municipalities, the county, adjacent counties, or the region; with the appropriate water management district's regional water supply plans approved pursuant to s. 373.0361; with adopted rules pertaining to designated areas of critical state concern; and with the state comprehensive plan shall be a major objective of the local comprehensive planning process. To that end, in the preparation of a comprehensive plan or element thereof, and in the comprehensive plan or element as adopted, the governing body shall include a specific policy statement indicating the relationship of the proposed development of the area to the comprehensive plans of adjacent municipalities, the county, adjacent counties, or the region and to the state comprehensive plan, as the case may require and as such adopted plans or plans in preparation may exist. Coordination only requires that the County include consideration of the information in the regional water supply plan in its comprehensive planning process. Unlike coordination, consistency would require that the comprehensive plan be effectively regulated by the regional water supply plan. This is not required under any section of Florida Statute. Notably, Section 163.3177(4)(a) places coordination with the water management district's regional water supply plan in the same category of coordination with "the comprehensive plans of adjacent municipalities, the county, adjacent counties, or the region." Thus a local government is no more required to adopt plan amendments that conform to the dictates of the applicable regional water supply plan as it is required to conform thern with the comprehensive plans of neighboring local governments. Section 136.3177(6)(a) requires that in the future land use plan in the comprehensive plan "shall be based on surveys, studies, and data regarding the area including the amount of land required to accommodate anticipated growth... the availability of water supplies, public facilities, and services..." However, this does not require consistency with the regional water supply plan. Section 163.3177(6)(c) requires that the general sanitary sewer, solid waste, and potable water element "incorporate the alternative water supply project or projects selected by the local government from these identified in the regional water supply plan pursuant to s. 373.0361(2)(a) or proposed by the local govemment under s. 373.0361(7)(b)." In addition the comprehensive plan element must identify such alternative water supply projects and traditional water supply projects and conservation and reuse necessary to meet the water needs identified in section 373.0361(2)(a) within the local government's jurisdiction and include a work plan, covering at least a 10 year planning period, for building public, private, and regional water supply facilities, including development of alternative water supplies, which are identified in the elements as necessary to serve existing and new development. Again, though these provisions require coordination with the regional water supply plan, they do not require the local government to conform its plan amendments to what is dictated by the water management district through its regional water supply plan. Page 2 of 3 2. SFWMD's Lower West Coast Water Supply Plan Has No Regulatory Authority In addition to the lack of a requirement that local government's comprehensive plan amendments be made consistent with a water management district's regional water supply plan, the provisions of Chapter 373, Florida Statutes relating to the effect of regional water supply plans explicitly provide that regional water supply plans do not require require local governments to select water supply development projects identified in the regional water supply plan. Section 373.0361(6), Florida Statutes provides: Nothing contained in the water supply development component of a regional water supply plan shall be construed to require local governments, government-owned or privately owned water utilities, special districts, self-suppliers, regional water supply authorities, multijurisdictional water supply entities, or other water suppliers to select a water supply development project identified in the component merely because it is identified in the plan. Except as provided in s. 373.223(3) and (5), the plan may not be used in the review of perrnits under part II unless the plan or an applicable portion thereof has been adopted by rule. However, this subsection does not prohibit a water management district from employing the data or other information used to establish the plan in reviewing permits under part II, nor does it limit the authority of the department or governing board under part II. Emphasis added. As also explained in Section 373.0361(6) above, regional water supply plans may not be used as criteria for the review of water use permit applications, unless the regional water supply plan has been adopted by rule by the water management district. 3. Conclusion Despite these clear restrictions on the applicability of regional water supply plans, in its comments on the County's comprehensive plan amendments, SFWMD claims that the proposed plan amendment is inadequate because it does not "reflect source of water and treatrnent facilities consistent with the LWC Plan Update," does not explain "the differences in water demand projections for the [County Water and Sewer District] provided in the Work Plan and the LWC Plan Update," does not "address the remaining supply deficits reported in future years, as recommended in the LWC Plan Update," and does not explain "the differences between the County's projections of permanent population [and] the SFWMD's LWC Plan Update." As explained above, SFWMD's recommendations that the County's comprehensive plan amendments be made "consistent" with its regional water supply plan are contradicted by the plain language of the statutory provisions cited above which merely require plan amendments to consider or coordinate with the regional water supply plan, not be made "consistent" with them. Furthermore, Chapter 373 provides that regional water supply plans do not have the force of regulation in the water use permitting context, nor do they obligate local governments to select water supply projects identified in the regional water supply plan. Thus, there is no legal basis for SFWMD's attempt to elevate the authority of the Lower West Coast Water Supply Plan Update to dictate the County's comprehensive plan amendment. 193227 Page 3 of 3 . . . delaParte & Gilbert, PA ArroRNEYS!if lAw MEMORANDUM TO: Collier County 10 Year Water Supply Team FROM: Nicolas Q. Porter DATE: December 10, 2007 RE: Comments on Response to Department of Community Affairs November 30, 2007 ORC Report This memorandum summarizes our comments on the December 10, 2007 draft Response to Department of Community Affairs Objections, Recommendations, and Comments Report dated November 30, 2007. Response to Objection A A response should be added to Objection A which argues that "consistency" is not the operative legal standard when evaluating the County Work Plan. The current response to Objection B regarding this legal standard can be moved to this new response. Response to Objection A.I.a) This response should be rewritten to state there is no supply deficit. Like many water users, Collier County does not currently have a CUP allocating water equivalent to its future projected demand. However, the Water Plan addresses this permitted deficiency by increasing its permitted allocation. The County's current pending permit application seeks increased fresh and brackish water supplies, which if granted would provide enough water to meet its needs. The response should reflect that the County is confident there is sufficient water resources available to meet its need. Response to Objection A.1.b) This response should additionally point out that the County has maximized reuse (an alternative supply), which has reduced its future demands. Response to Objection A.I.c) This response should also argue that the County can rely on any combination of fresh water or brackish water sources. The LWCRWSP does not say that new fresh water sources are unpermittable. Also, unlike the Lower East Coast, SFWMD has not adopted a Page 1 of3 rule limiting fresh water supplies. Finally, the LWCRWSP acknowledges that fresh water sources continue to be available. Response to Objections A.2 and A.4 In addition to this response, a section should be included in the Work Plan stating that the County will coordinate more closely with the other identified utilities to obtain the specified information. Response to Objection B As stated above, this response should be included in the Response to Objection A as well. The response should incorporate rnore of the legal analysis described in the memorandum we circulated last week. It should explicitly point out that "consistency" is not the applicable legal standard and the County is only required to take the LWCRWSP into account. The County may wish to include a statement that it will take the LWCRWSP into account in any future updates. In addition to the citation to ages 95 and 96 of the LWCRWSP regarding freshwater projects, statements on page 88 recognizing ection 373.0361(6), Florida Statutes, and the statement that states local governments should include other supply sources not identified in the LWCRWSP in their Work Plan. This is what the County has done in its Work Plan. The response should also point out the portion of the LWCRWSP on page 90 which recognizes additional water supply development may be practicable, and that the decision not to include new traditional supply development projects in the LWCRWSP should not be interpreted as precluding development of these sources. In sum, the argument is that 1) "consistency" with the LWCRWSP is not required, and 2) even if "consistency" were the requirement, the Work Plan is consistent with the LWCRWSP. -:11- Response to Objection C The second paragraph of the response needs to be beefed up by citations to statutes. Additionally, there should be a statement about committed funding sources. Response to Objection D This response should include some general statements about future water supply in the identified regions. The County should discuss in the Work Plan how and when water will be developed to meet the need in the identified areas. Page 2 of 3 Response to Objection E The response should explain how the new population numbyrs compare to the population numbers in the LWCRWSP. The response should first dispute the need for consistency with the LWCRWSP, second point out the language of the LWCRWSP that population projections are not hard and fast numbers, and third if the original numbers are not inconsistent this should be specified in the response. Finally, if the County is adopting new population numbers, it should be argued that the new numbers meet the DCA standard and are consistent with the LWCRWSP. Response to Objection F DCA has a point with this objection. The County must either use existing levels of service standards for these entities in the Work Plan, or amend the level of service standards in the comprehensive plan to be consistent with the Work Plan. If the latter option is selected, the County will have to develop data and analysis to support the revised levels of service. Because it would be too time consuming to develop this data, the County should use the existing level of service of IOOgpcd rather than separate numbers in the current Plan. Response to Concerns about Consistency with the State Comprehensive Plan Goal 7 The response should point out that the LWCRWSP does not foreclose new freshwater ~upplies, and that SFWMD does not have a rule prohibiting new freshwater supplies. Since such new freshwater supplies would be developed through the issuance of a WOP, then by definition the permitted use will be reasonable-beneficial, and not inconsistent with the public interest. Page 3 of 3 MEMO DE LA PARTE & GILBERT, P. A. ATTORNEY AT LAW 101 E. Kennedy Blvd. Suite 3400 Post Office Box 2350 Tampa, Florida 33601-2350 DATE: July 10, 2008 TO: Jim DeLony FROM: Edward de la Parte, Jr., Esq. Kristin Yerkes, Esq. SUBJECT: Collier County - Water Use Permitting Strate- gy Pursuant to your request, the following memorandum contains a water use permitting strategy discussing how Collier County (the "County") can reach its ul- timate goal of achieving a 50/50 split between traditional water sources and alter- native water supply ("AWS") sources in light of recent problems encountered in ob- taining a higher permitted traditional water allocation and the impending Picayune Strand Reservation.1 . Background The County water service is provided by a network of well fields, water transmission mains, water treatment plants, water storage facilities, booster pump- ing stations and an aquifer storage and recovery ("ASR") well. Basically, raw water is treated at the North County Regional Water Treatment Plant ("NCRWTP") and the South County Regional Water Treatment Plant ("SCRWTP") and the resulting potable water is distributed to the County's water customers. Wellfields The County's existing water supply system consists of three wellfields, the North Hawthorn Wellfield, the South Hawthorn Wellfield, and the Golden Gate 1 A reservation is a quantity of water set aside by either a water management district or the De- partment of Environmental Protection, which is no longer available for consumptive use. A reserva- tion may be set for protection of fish and wildlife or public health and safety. The only limitation placed by statute on the establishment of a reservation is that "all presently existing legal uses of water shall be protected so long as such use is not contrary to the public interest." See ~373.223(4), Fla. Stat (2007). DE LA PARTE & GILBERT, P. A. Page 2 of 10 Tamiami Wellfield. All of the wellfields are located outside, but near the area of in- fluence of the proposed Picayune Strand Reservation. The Golden Gate Tamiami Wellfield supplies fresh raw water to both the NCRWTP and the SCRWTP. The North Hawthorn Wellfield supplies brackish raw water to the NCRWTP. The South Hawthorn Wellfield supplies brackish raw water to the SCRWTP. The current com- bined permitted annual allocation for all three wellfields is 20,490 million gallons ("MG") and the current combined permitted maximum month allocation is 1,981 MG. NCRWTP The NCRWTP is located on the north side of Vanderbilt Beach Road Exten- sion east of CR 951 in the northeastern quadrant of the service area. The facility uses groundwater withdrawn from the Lower Tamiami, Hawthorn Zone I, and Low- er Hawthorn Aquifers. The. original plant, built in 1993, was designed to produce 12 million gallons a day ("MGD") of potable water using a membrane softening process, which utilizes semi-permeable membranes to remove total suspended solids from the water. In a subsequent expansion, the plant capacity was increased to 20 MGD with the addi- tion of a new 8 MGD reverse osmosis ("RO") process, and attendant production wells tapping the Lower Hawthorn Aquifer. Groundwater from the Lower Tamiami Aqui- fer is treated by membrane softening and groundwater from the Lower Hawthorn and Hawthorn Zone I Aquifers is treated by RO. SCRWTP The SCRWTP is located near the intersection of CR 951 and 1-75 about 5.5 miles south of the NCRWTP. The facility uses groundwater withdrawn from the Lower Tamiami, Hawthorn Zone I, and Lower Hawthorn Aquifers. When the original plant was constructed in 1983, it was designed to produce 12 MGD of potable water utilizing a lime softening process to treat fresh water from the Lower Tamiami Aquifer. An 8 MGD RO expansion of this facility was completed in 2005, including new production wells located northeast of the plant site that withdraw water from the Lower Hawthorn and the Hawthorn Zone I Aquifers. The total plant capacity was 20 MGD as of 2005. A second expansion of 12 MGD capaci- ty employing the RO process was completed in 2007, bringing the current plant ca- pacity to 32 MGD. The expansion utilizes new production wells located east of CR 951 and south ofI-75 that withdraw groundwater from the Hawthorn Zone I Aqui- fer. Collier County expects to complete the new production wells in 2008. DE LA PARTE & GILBERT, P. A. Page 3 of 10 Thus, for both the NCRWTP and SCRWTP, a total of 24 MGD is produced from traditional freshwater sources and 28 MGD is produced from brackish A WS sources. These quantities break down to approximately 46% traditional sources and 54% AWS sources. As indicated by these percentages, the County water system is currently slightly below the desired 50/50 mix of fresh water and brackish water. Water Rates, Impact Fees, and Capital Improvement Costs As of October 2007, the County has implemented the following water rates: Water: (0) Service Availability Charge for Individually Metered Residential, Non.residential and Irrigation. Rates are per month. Meter Size DE LA PARTE & GILBERT, P. A. Page 4 of 10 (b) Volume charge Per 1,000 Gallons: (i) Individually Metered Residential, Non.residential and Multi.family Residential: 1IIJ1I~;r~}~i~I;'~~ Block 6 Block Rate Structure: Consumption Blocks in Gallons Un. Up to or Next: The County adopted a new water impact fee schedule on January 1, 2008. For individually metered residential customers with a living space of 0 to 4,999 square feet (and no more than 4 bathrooms), the water impact fees are $3,616.49. For indi- vidually metered non-residential customers and residential customers with a living space of 5,000 square feet or more (or more than 4 bathrooms), the water impact DE LA PARTE & GILBERT, P. A. Page 5 of 10 fees equal the product of $3,616.49 multiplied by the equivalent residential connec- tion ("ERC") value. The ERC value equals the average daily flows for the proposed use as provided by the engineer of record for the project divided by 350.2 For master metered residential customers with less than 5,000 square feet and no more than 4 bathrooms, the following rates apply: $1,191.38 per unit be- tween 0 and 750 square feet; $2,425.11 per unit between 751 and 1,500 square feet; $3,616.49 per unit between 1,501 and 4,999 square feet. For non-residential units and residential units with 5,000 or more square feet or more than 4 bathrooms, the impact fee is calculated the same way as for individually metered customers under the same criteria. Recently the County approved a revised impact fee schedule, which will be- come effective October 1, 2008. For individually metered residential customers with a living space of 0 to 4,999 square feet (and no more than 4 bathrooms), the water impact fees are $3,575.00. For individually metered non-residential customers and residential customers with a living space of 5,000 square feet or more (or more than 4 bathrooms) the water impact fees equal the product of $3,575.00 multiplied by the ERC value. For master metered residential customers with less than 5,000 square feet and no more than 4 bathrooms, the following rates apply: $1,180.00 per unit be- tween 0 and 750 square feet; $2,395.00 per unit between 751 and 1,500 square feet; $3,575.00 per unit between 1,501 and 4,999 square feet. For non-residential units and residential units with 5,000 or more square feet or more than 4 bathrooms, the impact fee is calculated the same way as for individually metered customers under the same criteria. Capital Improvement Program The 2008 Revised Water Master Plan Update ("Plan") provides a 6-year Capi- tal Improvement Program ("CIP") for Fiscal Years ("FY") 2008 through FY 2013, and a 20-year CIP, for FY 2014 through FY 2027. Based upon the table included in the Plan, the total cost for CIP projects between FY 2008 and 2013 is $90,177,879 of which $65,434,403 is for water treatment projects, $6,311,686 is for water transmis- sion projects, and $6,303,186 is for water distribution projects. Of the total $90,177,879, $16,891,114 is proposed for allocation during FY 2008, $4,259,500 is proposed for allocation during FY 2009, $3,959,500 is proposed for allocation during FY 2010, $3,059,500 is proposed for allocation during FY 2011, $3,059,500 is pro- posed for allocation during FY 2012, and $34,882,500 is proposed for allocation dur- 2 The minimum ERe value is 1.0. All values exceeding 1.0 are rounded to the nearest tenth. DE LA PARTE & GILBERT, P. A. Page 6 of 10 ing FY 2013. Of the total expenses, $36,563,614 is for renewal, replacement and en- hancement ofthe system and $53,614,266 is growth driven. The total cost for all water projects under the 20-year CIP between FY 2011 and 2025 is $547,096,000 of which $447,536,210 is for water treatment projects, $87,332,380 is for water transmission projects and $12,227,400 is for water distri- bution projects. Of the total $547,096,000, $162,613,000 is proposed for allocation during FY 2014-2017, $123,652,000 is proposed for allocation during FY 2018-2022, and $42,985,000 is proposed for allocation during FY 2023-2027. Of the total ex- penses, $245,628,000 is for renewal, replacement and enhancement of the system and $301,468,000 is growth driven. Existing and Pending Permits In the past, South Florida Water Management District ("SFWMD") issued two WUPs to the County for public water supply. Water Use Permit 11-00249-W authorized withdrawals from the fresh Lower Tamiami Aquifer and WUP 11- 001447-W authorized withdrawals from the brackish Lower Hawthorn and Haw- thorn Zone I Aquifers. In 2006, these permits were unified into a single WUP 11- 00249-W ("Unified Permit"). Under the Unified Permit, 36 wells are permitted to withdraw an annual allocation of 6,868 MG from the Lower Tamiami Aquifer. Addi- tionally, 10 wells in the North Hawthorn Wellfield and 36 wells in the South Haw- thorn Wellfield are permitted to withdraw an annual allocation of 5,840 MG from the brackish Hawthorn Zone 1 Aquifer. Finally, 19 wells in the North Hawthorn Wellfield and 9 wells in the South Hawthorn Wellfield are authorized to withdraw water from the Lower Hawthorn Aquifer, without restriction on annual allocation. The total annual allocation from all sources is restricted to 20,490 MG and the com- bined maximum monthly allocation from all sources is restricted to 1,981 MG. As previously discussed water from the Lower Tamiami Aquifer is traditional freshwater while water from the Hawthorn formation is brackish water that must be treated using RO. Therefore, of the maximum annual permitted allocations spe- cified, 54 percent of the County's permitted water supply comes from traditional water sources while 46 percent is derived from alternative water supply sources. However, these percentages are based upon the maximum permitted annual amounts from the Lower Tamiami and Hawthorn Zone 1 Aquifers. Because there is no limit as to the amount authorized for withdrawal from the Lower Hawthorn, withdrawals from this source are not included in the percentage determination above. The County presently has two pending applications. The first application is for a new water use permit for the Northeast Regional Water Treatment Plant Well- DE LA PARTE & GILBERT, P. A. Page 7 of 10 field ("Northeast"). Under the Northeast application, the County is requesting an additional brackish water annual allocation of 4,380 MG (3,650 MG from Lower Hawthorn Aquifer and 730 MG from Hawthorn Zone 1 Aquifer) and a total freshwa- ter allocation of 949 MG from the Lower Tamiami Aquifer. The total additional an- nual allocations being requested are 5,329 MG and the total additional maximum month allocation of 452.6. The second application is a permit renewal of the Unified Permit with an in- crease in the amount of the fresh Lower Tamiami Aquifer allocation. If this applica- tion is granted, the fresh water withdrawal will increase from 6,868 MG to 9,673 MG on an annual basis. At this time, SFWMD has issued 3 requests for additional information relat- ing to these permit applications. The County is in the process of responding to these requests and awaiting approval. If these two applications are granted, the County will be permitted to withdraw an annual allocation of approximately 10,622 MG of freshwater and 10,220 MG of brackish water. Not including potential withdrawals from the Lower Hawthorn, the County's permitted water supply will consist of ap- proximately 40% fresh water and 60% brackish water. SFWMD - Picayune Strand Reservation SFWMD has recently imposed a de facto prohibition on new or increased freshwater withdrawals in the County due to the proposed water reservation for the Picayune Strand. Although data collected by the County indicates there is addition- al freshwater currently available and that allocated freshwater will become availa- ble in the future as agricultural lands are developed, SFWMD has so far been resis- tant to granting the County an increased fresh water allocation. In fact, comments made by staff at a recent public hearing suggest SFWMD may reduce the County's existing permitted fresh water allocation at some future time once the reservation is established. As indicated previously, a water reservation is a legal mechanism to preserve water from consumptive use for the purpose of protecting fish and wildlife or the public health and safety. Section 601 of the Water Resources Development Act of 2000 requires water identified in a Project Implementation Report for a Compre- hensive Everglades Restoration Plan (HCERP") project be reserved prior to signing a Partnership Agreement. SFWMD has determined a water reservation is the most appropriate tool to protect water for the Picayune Strand CERP Project, since it is hydrologically isolated from the Central and South Florida system and the valued ecosystem components and their hydrologic requirements are clearly identifiable. DE LA PARTE & GILBERT, P. A. Page 8 of 10 Section 373.223(4), Florida Statutes, contains the statutory framework au- thorizing reservations and provides: The governing board or the department, by regulation, may reserve from use by permit applicants, water in such locations and quantities, and for such seasons of the year, as in its judgment may be required for the protection of fish and wildlife or the public health and safety. Such reservations shall be subject to periodic review and revision in the light of changed conditions. However, all presently existing legal uses of shall be protected so long as such use is not contrary to the pub- lic interest. DEP programmatic guidance provides circumstances where a reservation can be used. For the Picayune Strand Reservation, SFWMD alleges the pertinent cir- cumstances for a reservation are to "aid in restoration of natural systems which provide fish and wildlife habitat" and "prevent withdrawals in any other circums- tance required to protect fish and wildlife." The County will be affected by the Picayune Strand Reservation. First, until the reservation is set, SFWMD will not willingly allocate fresh water for consump- tive use for fear of reducing the water needed for the CERP project. Secondly, once the reservation is established, the SFWMD will be legally prohibited from allocating new fresh water to the County, if the additional withdrawal adversely affects or other otherwise interferes with the planned restoration project. Objective The County's overall goal should be to provide potable water to its customers in the most cost-effective manner possible without harming the environment. This goal can best be met by developing a mixture of A WS and traditional freshwater sources as close as possible to a 50/50 split in order to avoid the high cost and colla- teral environmental impacts (i.e., increased power usage, concentrate disposal, green house gasses, etc.) associated with the RO treatment of brackish water. The County's water rates and water impact fees are currently among the highest, if not the highest in the State of Florida. The capital and operating costs of a RO plant is 30 to 35% greater than a conventional fresh water treatment plant. This cost diffe- rential can escalate to 40 to 50% as the salinity of the source water increases. If the County were able to achieve a 50/50 ratio of fresh to brackish water rather than the currently programmed 40/60 ratio, the proposed capital and operating cost of the I . County water system would decrease by approxImately rpercental!e number to be provided bv countv staffJ%. Conversely, if the ratio of fresh to brackish water were to increase to 20/80, as may be the case after the reservation is established, DE LA PARTE & GILBERT, P. A. Page 9 of 10 the proposed capital and operating of the County water system would increase by approximately [oercentalle number to be orovided bv county staffj%. Thus, maintaining a 50/50 split will have a significant impact on the County's water sys- tem. Strategy In order to achieve its goal of providing potable water to the citizens of the County in the most cost-effective manner possible without harming the environ- ment, the County should take the following steps: 1. The County Administration and County Commission must support the Coun- ty's 50/50 goal and the strategy outlined herein to achieve this goal. This means the goal needs to be publically discussed and approved by the County Commission. Additionally, the Commission needs to be comfortable with those elements of the strategy that call for possible administrative challenges to SFWMD's permitting decisions and the Picayune Strand rule reservation. Without top-to-bottom support of the policy, the County has no realistic shot of achieving this goal. 2. The County needs to have a public information program in place explaining the policy is based on the need to provide an essential service to the public in the most cost-effective manner possible without jeopardizing the environ- ment. Given the current economic situation and the near-term energy pic- ture, the County cannot develop expensive energy intensive AWS supplies simply because policy-makers and regulators are unwilling to make scientifi- cally based decisions regarding availability of freshwater resources and the- reby forcing the County to develop brackish sources by default. The County needs to make sure this message is consistently delivered to the public so that its motives are not portrayed as being anti-environment. 3. The County needs to press the District for a decision on its pending water use permit applications. Those modifications and renewals requested by the County, which are non-controversial, should be scheduled for approval by the District at the earliest possible time. The County should work with District staff to resolve any scientific dispute over the remaining permitting issues, but if those disputes cannot be resolved and the County believes the greater weight of science favors its position, then it should request an administrative hearing before a neutral hearing officer. All this needs to be completed within the next 12 months because of the impending water reservation. 4. The County should closely participate in the Picayune Strand Reservation rulemaking process to ensure that freshwater that would otherwise be avail- able for consumptive use is not unnecessarily reserved for this project. Since DE LA PARTE & GILBERT, P. A. Page 10 of 10 this is the first CERP reservation developed by SFWMD staff, there is no precedent to guide staff in developing this reservation and there is ample room for the agency to make an inappropriate decision. In addition, as a CERP Project, the Picayune Strand Reservation must be consistent with WRDA 2000 and the Savings Clause, which guaranteed certain rights to wa- ter users such as the County. Finally, since the only uses of water that are clearly protected from the effects of a reservation are permitted uses, the County should strive to obtain a final decision on its pending applications be- fore the Picayune Strand Reservation becomes legally effective. 5. The County should work closely with DEP, the District, other utilities, agri- cultural interest and landowners to set up a clear and transparent process for re-allocating existing permitted withdrawals to the County as land use devel- opment takes place so that the County can increase its permitted freshwater allocation to serve areas that previously were served by agricultural water use permits. This water transfer process is the only realistic mechanism available to the County for increasing future fresh water supplies. Conclusion ( The 5 steps described above offer the County the most realistic opportunity possible for achieving the goal of providing potable water to the citizens of the County in the most cost-effective manner possible without harming the environ- ment. If you have any questions regarding the information contained in this docu- ment, please feel free to contact our firm. Attachment: WUP Time Line cc: Tom Wides Phil Gramatges Paul Mattausch 3 During the past 35 years, there have only been two water reservations set and both were estab- lished in Central Florida. This will be the first reservation established in SFWMD and the third res- ervation in the State of Florida. OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Carolina Valera, Principal Planner, Comprehensive Planning Dept. THROUGH: Heidi Ashton-Cicko, Assistant County Attorney, Land Use Section Chief FROM;~mjOrie M. Student-Stirling, Assistant County Attorney DATE: August 15,2008 RE: Statutory Authority for County to Require that Private Potable Water Utilities Provide Operating and Planning Information to County for Use In Water Supply Facilities Plan - RLS No. 08-CMP-00482 In your Request for Legal Services, you ask if there is statutory authority for the County to require that private water utilities provide information in order to prepare the 10- year Water Supply Facilities Plan. There is no express statutory authority. However, Subsection I 63.3 I 77(6)(c), Florida Statutes, provides as follows: The element [meaning the Public Facilities Element of the Growth Management Plan (GMP)] must identify such alternative water supply projects and traditional water supply projects and conservation and reuse necessary to meet the water needs identified in s. 373.0361 (2)(a) within the local government's jurisdiction and include a work plan covering at least a 10 year planning period, for building public, private, and regional water supply facilities, ...." A requirement that the private utility provide future water facility planning information to the County is implicit in this provision. That is because the County must include a work plan in its Public Facilities Element that includes private water supply facilities. It logically follows that the County would need a work plan from the private water utility covering the I 0 year planning time frame to be able to have a complete and adequate Water Supply Facilities Plan. On the other hand, this same Subsection ofthe Statute goes on to read as follows: Local governments, public and private utilities, regional water supply authorities, special districts and water management districts are encouraged to cooperatively plan for the development of multi- jurisdictional water supply facilities that are sufficient to meet projected demands for established planning periods, .... This provision only encourages local governments and private water utilities to cooperatively plan for the development of multi-jurisdictional water supply facilities. It is not a mandate. Yet as previously stated, the County would not be able to adopt a complete and adequate water supply facilities plan without information from private water utilities. So the statute contains conflicting provisions. However, the argument that the private water utility planning information must be provided to the County is bolstered by the fact that the Department of Community Affairs (DCA) found the Water Supply Facilities Plan amendment to the GMP "not-in-compliance" because neither the Ave Maria Utility Company (AMUC) nor the Orange Tree Utility Company (OTUC), among others, provided the County their respective planning strategies for meeting future water demands. The DCA cited the above-referenced statutory provision among others as a basis for the not-in-compliance finding. It should also be noted that Policy 2.3 of the Potable Water Sub-Element of the Public Facilities Element of the GMP provides that the private water utilities regulated by the Collier County Water and Wastewater Authority must file annual statements with the County regarding, among other things, operating and future facility planning information. In conclusion, it is my opinion that the County has implied statutory authority to require future facility planning information from the private water utilities, particularly because of the DCA's application of the referenced statutory provision in its non-compliance finding. Additionally, the GMP requires it. If you have any questions or comments, please do not hesitate to contact me. CP\08-CMP~00482\Memo-CarJena Valera Page 2 Correspondence between Collier County Government staff and IWSD valera c From: Sent: To: Cc: valera_c Wednesday, July 02, 2008 10:33 AM 'evadeyo@earthlink.net' CohenRandall: FrenchJames; GramatgesPhil; 'Sciandra, Jason'; 'tbengts@sfwmd.gov'; 'jjackson@sfwmd.gov' 10-Year Water Supply Facilities Work Plan - IWSD information request SUbject: Dear Ms. Deyo, This correspondence is to let you know that in the next two weeks, Collier County (and COM) will be finalizing the update of the 10- Year Water Supply Facilities Work Plan that will be presented to the Collier County Planning Commission (CCPC) on August 19th for their comments; to the Board of County Commissioners (BCC) on September 23rd; and soon afterwards to the Department of Community Affairs (DCA) as part of the adoption schedule to incorporate the Plan into the County's Growth Management Plan (GMP), as required by Florida Statutes. Accompanying this updated plan, is a response letter to DCA's comments to the first draft that was sent last year. You provided us with information iast year, at this time, we would like for vou to comment and make anv correction that vou believe necessarv to the information that the County is supplying to DCA in regard to IWSD. Please note that the comments generated by DCA mirror those that were provided by South Florida Water Management District (SFWMD) as this agency is a key reviewer of this State requirement. CAROLINA VALERA Principal Planner Comprehensive Planning Department Community Development & Environmental Services Collier County Government T:239.252.8498 F:239.252.2946 (- From: Sent: To: Cc: Subject: vaJera_c Wednesday, February 27,20083:33 PM FrenchJames Cohen Randall DCA comments: Immokalee Water and Sewer District Jamie, I would very much appreciate your help in addressing the comments from the Department of Community Affairs (DCA) in regard to their review of the County's proposed 1 O-Year Water Supply Facilities Work Plan that is required by Section 163.3177(6)(c) of the Florida Statutes. As to the Immokalee Water and Sewer District (IWSD), DCA had the following comments: 1...The Immokalee Water and Sewer District (IWSD) currently operates a consumption use permit that authorizes 3.36 mgd and expires in 2010. The water analysis for IWSD indicated that it incurs a water supply deficit for years 2005-2018. However, it did not provide any planning strategy such as alternative water supply projects to demonstrate how it will meet the needs within the planning horizon.... ...Therefore, the amendment is inconsistent with the following provisions: Sections 373.0361 (2)(a); 163.3177(4)(a); 163.3177(6)(c); 187.201(25)(b) 5 and 7, Florida Statutes; Rule 9J- 5.011(2)(b) and (c), Florida Administrative Code. i .-~ Recommendation: Revise the Water Supply Work Plan to be consistent with the South Florida Water Management's Lower West Coast Water Supply Plan, 2005-2006 edition. The sources identified in the Work Plan must be demonstrated to have sufficient water to meet the projected needs of the County, including the needs for all independent water districts. The Water Supply Work Plan for the County should utilize the alternative water sources identified in the South Florida Water Management's Lower West Coast Water Supply Plan, 2005-2006 edition, such as the use of brackish water sources and aquifer storage and recovery. 1 2...lnconsistency with Comprehensive Plan: The proposed potable water level of service standards for the Orange Tree Utility Company, the Florida Governmental Utility Authority, and the Immokalee Water-Sewer District are not consistent with the adopted level of service standards within the County's comprehensive plan. Policy 3.1, of the Potable Water Sub-Element, indicates that all three independent potable water supply districts have a Ie of service standard of 100 gpcd; however, the Orange Tree Utility Company proposed 60 gpcd, the Flol Governmental Water District proposed 173 gpcd, and the Immokalee Water-Sewer District proposed 182 gpcd. The County did not include a text amendment to Policy 3.1, of the Potable Water Sub-Element to revise the adopted level of service standards for these water districts. In addition, no data and analysis was presented to support the changes to the level of service standard especially an analysis of how increasing the level of service standard would promote the conservation of the water resource. Therefore, the amendment is inconsistent with the following provisions: Sections 163.3177(2) & (4)(a); 163.3177(8), F.S.; and Rules 9J-5.005(2), (3), (5); 9J-5.006(4)(a); 9J-5.006(2)(a), FAC. Recommendation: Revise the 10-Year Water Supply Plan to be consistent with the County's comprehensive plan by either revising Policy 3.1 of the Potable Water Sub-Element and any other appropriate policy to change the level of service standards for the Orange Tree Utility Company, the Florida Governmental Utility Authority, and the Immokalee Water-Sewer District to those used in the Work Plan; or change those level of service standards used in the Work Plan to be consistent with the level of service standards that are established in Policy 3.1 of the Potabie Water Sub-Element. If the County wants to establish different level of service standards for the independent water use districts, include the data and analysis that supports the standards and how they promote the conservation of the water resource. The following is the County's proposed response to DCA in regard to the above comments: To comment NO.1: For privately held or investor owned utilities in Collier County not covered by this Plan... ...For IWSD, Collier County Regulatory Staff has no regulatory authority over this utility. ...Information requests to each of the utilities were made by County Regulatory Staff and/or Comprehensive Planning Staff to those in responsible charge of each utility and the information received was incorporated into the Plan. Each utility was given a copy of the draft version of the Plan and allowed the opportunity to provide comments, prior to the report being submitted to DCA. The report submitted was provided to the responsible charge for each utility. Additional information requests continue to be made as a result of the ORC report, but early indications from the utilities are that Master Planning efforts for the current 5 year window are on. going and will not be completed prior to the County's planned submission of the revised Plan. To comment NO.2: ....According to Policy 3.3 of the Potable Water Sub-Element, "The Level of Service Standards contained in Policy 3.1 are the minimum criteria for replacement, expansion or increase in capacity of potable water supply facilities." Further Objective 3 states, "Pursuant to Chapter 163.3202, F.S., including any amendments thereto, Collier County has implemented procedures to ensure that at the time a development order is issued, potable water facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan." By selecting LOSS greater than the LOSS identified in Policy 3.1 FGUA and IWSD are guaranteeing that they will meet Objective 3 when development Orders are brought forward in their service areas. The 60 gpcd LOSS selected by OTUC reflects the fact the utility only provides for the potable water needs of its customers. Irrigation needs are met via individual well and community irrigation systems that are supplied by on-site lakes. Collier County does not have the authority to force these utilities to adopt the LOSS in Policy 3.1. Rather the LOSS are a guide by which Collier County can determine the concurrency of future development proposed in the service area of each utility. A copy of Collier County Ordinance 96-6, as 2 amended, by which private and investor owned utilities are regulated by the Collier County Water and Wastewater Authority will be attached as exhibit to this revised Plan. DCA has agreed to work with the County and postpone the submittal of the revised 10-Year Water Supply Facilities Work "Ian, so as to resolve consistency issues with the County's Capital Improvement Element (CIE) of the Growth Management Plan. I would like to know if the IWSD would like to add or revise their data and analysis contained in the revised 10-Year Water Supply Facilities Work Plan. Most notably Is the folloWing statement on pages ES-5 and 6-2 of the revised document: "Based on the capacity analysis, the improvements planned by the IWSD for the 10-year planning period are sufficient to meet the demands of the service area. However, the allocation of the underlying CUP (11-00013-W) does not cover the withdrawals required to achieve the finished water demand. " Please note that the County is in the process of revising its CIE. The revised CIE will be submitted concurrently with the revised 10-Year Water Supply Facilities Work Plan. The County does not intend to revise the existing LOSS of 100 gpcd for the IWSD in the CIE, unless the IWSD would like to revise this number. Please let us know as soon as possible. I have attached the previously forwarded document and letters for ease of review. Your timely response is appreciated. m lJf.~i ~ ~ Official ORC letter Collier County Response to DCA (DCA).pdf lO-Year Water 5... ORC Report-Com... CAROLINA VALERA Principal Planner Comprehensive Planning Department Community Development & Environmental Services Collier County Government iJ~ j-:239.774.8498 F:239.213.2946 From: Eva Deyo rmailto:evadevo((i)earthlink.net] Sent: Monday, September 10, 2007 8:37 AM To: MoscaMichele Subject: FW: Information Request Michele, I provided the necessary information to Jason Sciandra a couple of weeks ago. The only other item that needs to be changed is that the Carson Road Plant Expansion # 1 will be completed in 2008. Thank you, Eva J. Deyo Executive Director Immokalee Water & Sewer District 1020 Sanitation Road Immokalee, FL 34142 (239) 658-3630 (239) 658-3634 Fax 3 BOYLE AECOM Boyle Engineering 3550 SW Corporate Parkway. Palm City. FL 34990 T 7722863883 F 772286.3925 www boyle.aecom.com Carolina Valera Principal Planner - Comprehensive Planning Department COLLIER COUNTY GOVERNMENT 2800 North Horseshoe Drive, Suite 400 Naples, Florida 34104 August 5, 2008 Dear Ms. Valera, Subject: Immokalee Water and Sewer District Comments on the 10-Year Water Supply Facilities Plan On behalf of the Immokalee Water and Sewer District (IWSD), Boyle Engineering CorporaUon has prepared this correspondence to provide comments on the Collier County 10-Year Water Supply Facilities Work Plan, prepared by COM and dated December 2007. Based upon our review of the report and the associated documentation, we offer the followin9: ( . The CDM report includes population projections for the IWSD service area based upon projections included in the SFWMD CUP #11-00013-W, which is IWSD's current CUP. These projections were made in 2005, based upon Collier County's data. Population projections have been revised by Collier County each April and October since that time; therefore, the COM report does not utilize the most current numbers. It is recommended that the most recent projections, dated June 11, 2008, be utilized in the Water Supply Facilities Work Plan in order to be consistent with the planning that IWSD is currently undertaking for its water system. . The CDM report indicates that the demand per capita in the IWSD service area is 182 gpd. However,IWSD has approved the use of 105 gallons per capita per day (gpcd), based upon historical average annual daily demand versus historical population data. Because Policy 3.1 includes a minimum LOSS of 100 gpcd, the 105 gpcd meets the minimum standard. It is recommended that 105 gpcd be uUlized in the Water Supply Facilities Work Plan. . On the tables that have an entry entitled "Demand Per Capita" (such as ES-4, ES-6, etc.), the units are noted as million gallons per day (MGD); however, they should be gallons per day (gpd). If you have any comments or require additional informaUon, please feel free to call this office. cc: Eva Deyo, IWSD Gary Ferrante, Boyle P:\25144\B - WTP\Water facllnies work plan comment leller.doc Correspondence between Collier County Government staff and FGUA valera c From: Sent: To: Cc: Subject: Attachments: valera_c Monday, July 28, 20084:59 PM 'ccouch@GovMServ.com' Cohen Randall; FrenchJames FW: 10-Year Water Supply Facilities Work Plan - FGUA information request Table 8-3.pdf Dear Mr. Couch, We have incorporated the revisions you provided in the revised 10-Year Water Supply Facilities Work Plan. At this time, we ask you to please verify that the attached table is correct and to provide us with the AutoCad drawing of your site in order to move forward with the scheduled hearings. Thank you, CAROLINA VALERA Principal Planner Comprehensive Planning Department Community Development & Environmental Services Collier County Government. T:239.252.8498 F:239.252.2946 From: Sciandra, Jason [mailto:5ciandraJA@cdm.com] Sent: Monday, July 28, 2008 4:37 PM To: valera_c Subject: RE: lO-Year Water Supply Facilities Work Plan - FGUA information request Carolina, We have incorporated the text based comments received from FGUA into the plan and revised Table 8-3 (attached). To allow us to revise Figure 5-7, please request FGUA to send the revised AutoCAD drawing of the site to us for inclusion in the plan. Thank you. Jason Sciandra Project Manager COM 125(}1 World Plaza Lane, Building 51 Fort Myers, Florida 33907-3991 Phone: 239.938.9600 Fax: 239.275.6755 Cell: 239.896.6538 E-mail: sciandraja@cdm.com rom: valera_c [mailto:CarolinaValera@colliergov.net] Sent: Tuesday, July 22, 2008 1:32 PM To: Sciandra, Jason 1 Cc: Cohen Randall; FrenchJames; GramatgesPhil Subject: FW: 10-Year Water Supply Facilities Work Plan - FGUA information request Jason, Please incorporate the data below from FGUA in the revised Plan. Thank you, CAROLINA VALERA Principal Planner Comprehensive Planning Department Community Development & Environmental Services Collier County Government T:239.252.8498 F:239.252.2946 From: Christopher Couch [mailto:CCouch@govmserv.comj Sent: Tuesday, July 15, 2008 12:06 PM To: valera_c Cc: cohenrandall@colliergov.net; Cohen Randall; Tarek Fahmy Subject: RE: lO-Year Water Supply Facilities Work Plan - FGUA information request Carolina I Randall, Please see attached all pages from the Collier County I COM report that pertain to the FGUA. It appeared as though this data was taken from a draft version of the system master plan and the 2003 WUP which is out of date. You will see naccurate data crossed out, with the correct data marked beside it. Most of the revised information including population projections and water use projections was taken from FGUA's long term water supply plan which is being submitted with are WUP renewal in August 2008. If you have any questions or concerns regarding this revised information feel free to call so that items can be addressed and Collier County can present the most accurate information as possible. Thanks, Christopher J. Couch ccouch@govrnserv.com Project Coordinator Government Services Group, Inc. 280 Wekiva Springs Road Suite 2000 Longwood, FL 32779 (407) 629-6900 office (407) 629-6963 fax www.qovserv.com From: valera_c [mailto:CarolinaValera@colliergov.netj Sent: Wednesday, July 02, 2008 10:53 AM To: Christopher Couch Cc: Cohen Randall; FrenchJames; GramatgesPhil; Sciandra, Jason; Bengtsson, Terrance; iiackson@sfwmd.gov Subject: 10-Year Water Supply Facilities Work Plan - FGUA information request Dear Mr. Couch, 2 This correspondence is to let you know that in the next two weeks, Collier County (and COM) will be finalizing the update of the 1 O-Year Water Supply Facilities Work Plan that wili be presented to the Collier County Planning Commission (CCPC) on August 19th for their comments; to the Board of County Commissioners (BCC) on September 23rd; and soon afterwards to the Department of Community Affairs (DCA) as part of the adoption schedule to incorporate the Plan into the ~ounty's Growth Management Plan (GMP), as required by Florida Statutes. Accompanying this updated plan, is a response letter to DCA's comments to the first draft that was sent last year. You provided us with information last March, at this time, we would like for vou to comment and make anv other correction that vou believe necessarv to the information that the County is supplying to DCA in regard to FGUA. Please note that the comments generated by DCA mirror those that were provided by South Fiorida Water Management District (SFWMD) as this agency is a key reviewer of this State requirement. Thank you, CAROLINA VALERA Principal Planner Comprehensive Planning Department Community Development & Environmental Services Collier County Government T: 239.252.8498 F: 239.252.2946 -----Original Message----- From: Christopher Couch [mailto:ccouch'@GovMServ.com] Sent: Monday, March 03, 2008 8:58 AM To: FrenchJarnes Cc: Tarek Fahmy Subject: RE: DCA comments: Florida Governmental Utility Authority Jamie, ~ttached for your use in updating the Collier County 10 year Water Supply Facilities Work Plan is FGUAs response to each of the DCA comments regarding FGUAs Golden Gate Utility System. If additional information is needed please feel free to contact me and I will respond as soon as possible. <<FGUA response to DCA comments Collier County 10 year water supply facilities work plan.pdf>> Christopher J. Couch ccouch@govmserv.com Project Coordinator Government Services Group, Inc. 280 Wekiva Springs Road Suite 2000 Longwood, FL 32779 (407) 629-6900 office (407) 629-6963 fax www.govserv.com From: valera_c Sent; Wednesday, February 27,20083:35 PM To: FrenchJames Cc: CohenRandall Subject: DCA comments: Florida Governmental Utility Authority Jamie, would very much appreciate your help in addressing the comments from the Department of Community Affairs (DCA) in (egard to their review of the County's proposed 10- Year Water Supply Facilities Work Plan that is required by Section 3 163.3177(6)(c) of the Florida Statutes. As to the Florida Governmental Utility Authority (FGUA), DCA had the following comments: 1...The Florida Governmental Utility Authority (FGUA) currently operates a consumption use permit that authorizes 1.92 mgd and expires in 2008. The water analysis for FGUA indicated that it incurs a water supply deficit for years 200' 2018. However, it did not provide any planning strategy such as alternative water supply projects to demonstrate how it will meet the needs within the planning horizon.. ...Therefore, the amendment is inconsistent with the following provisions: Sections 373.0361 (2)(a); 163.3177(4)(a); 163.3177(6)(c); 187.201(25)(b) 5 and 7. Fiorida Statutes; Rule 9J-5.011 (2)(b) and (c), Florida Administrative Code. Recommendation: Revise the Water Supply Work Plan to be consistent with the South Florida Water Management's Lower West Coast Water Supply Plan, 2005-2006 edition. The sources identified in the Work Pian must be demonstrated to have sufficient water to meet the projected needs of the County, including the needs for all independent water districts. The Water Supply Work Plan for the County should utilize the alternative water sources identified in the South Florida Water Management's Lower West Coast Water Supply Pian, 2005-2006 edition, such as the use of brackish water sources and aquifer storage and recovery. 2...lnconsistency with Comprehensive Plan: The proposed potable water level of service standards for the Orange Tree Utility Company, the Florida Governmental Utility Authority, and the Immokalee Water-Sewer District are not consistent with the adopted ievel of service standards within the County's comprehensive plan. Policy 3.1, of the Potable Water Sub-Element, indicates that all three independent potable water supply districts have a level of service standard of 100 gpcd; however, the Orange Tree Utility Company proposed 60 gpcd, the Florida Governmentai Water District proposed 173 gpcd, and the Immokalee Water-Sewer District proposed 182 gpcd. The County did not include a text amendment to Policy 3.1, of the Potable Water Sub-Element to revise the adopted level of service standards for these water districts. In addition, no data and analysis was presented to support the changes to the level of service standard especially an analysis of how increasing the level of servicE' standard wouid promote the conservation of the water resource. Therefore, the amendment is inconsistent with the following provisions: Sections 163.3177(2) & (4)(a); 163.3177(8), F.S.; and Rules 9J-5.005(2), (3), (5); 9J-5.006(4)(a); 9J- 5.006(2)(a), FAC. Recommendation: Revise the 10-Year Water Supply Plan to be consistent with the County's comprehensive plan by either revising Policy 3.1 of the Potable Water Sub-Element and any other appropriate policy to change the level of service standards for the Orange Tree Utility Company, the Florida Governmental Utility Authority, and the Immokalee Water-Sewer District to those used in the Work Plan; or change those level of service standards used in the Work Plan to be consistent with the level of service standards that are established in Policy 3.1 of the Potable Water Sub-Element. If the County wants to establish different level of service standards for the independent water use districts, include the data and analysis that supports the standards and how they promote the conservation of the water resource. The following is the County's proposed response to DCA in regard to the above comments: To comment NO.1: For privately held or investor owned utilities in Collier County not covered by this Plan... ...For OTUC, County regulatory staff has been informed by the responsible charge for this utility that oruc was granted an additional 0.87 mgd consumptive use permit on November 11, 2004, providing for a total consumptive use of 1.73 mgd. See attached SFWMD Permit No. 11-00419-W and Application No. 040629-8. 4 ...Information requests to each of the utilities were made by County Regulatory Staff andlor Comprehensive Planning Staff to those in responsible charge of each utility and the information received was incorporated into the Plan. Each utility was given a copy of the draft version of the Plan and allowed the opportunity to provide comments, prior to the report being submitted to DCA. The report submitted was provided to the responsible charge for each utility. Additional information requests continue to be made as a result of the ORC report, but early indications from the utilities are that Master Planning efforts for the current 5 year window are on- going and will not be completed prior to the County's planned submission of the revised Plan. To comment No.2: ....According to Policy 3.3 of the Potable Water Sub-Element, "The Level of Service Standards contained in Policy 3.1 are the minimum criteria for replacement, expansion or increase in capacity of potable water supply facilities." Further Objective 3 states, "Pursuant to Chapter 163.3202, F.S., including any amendments thereto, Collier County has implemented procedures to ensure that at the time a development order is issued, potable water facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan." By selecting LOSS greater than the LOSS identified in Policy 3.1 FGUA and IWSD are guaranteeing that they will meet Objective 3 when development Orders are brought forward in their service areas. The 60 gpcd LOSS selected by OTUC reflects the fact the utility only provides for the potable water needs of its customers. Irrigation needs are met via individual well and community irrigation systems that are supplied by on-site lakes. Collier County does not have the authority to force these utilities to adopt the LOSS in Policy 3.1. Rather the LOSS are a guide by which Collier County can determine the concurrency of future development proposed in the service area of each utility. A copy of Collier County Ordinance 96- 6, as amended, by which private and investor owned utilities are regulated by the Collier County Water and Wastewater Authority will be attached as exhibit to this revised Plan. DCA has agreed to work with the County and postpone the submittal of the revised 1 O-Year Water Supply Facilities Work Plan, so as to resolve consistency issues with the County's Capital Improvement Element (CIE) of the Growth Management Plan. I would like to know if the FGUA would like to add or revise their data and analysis contained in the revised 10-Year Water Supply Facilities Work Plan. Most notably is the following statement on pages ES-6 and 6-3 of the revised document: "The improvements planned by the FGUA for the 10-year planning period are sufficient to meet the demands of the service area. However, the allocation of the underlying CUP (11-00148-W) does not cover the withdrawals required to achieve the finished water demand." Please note that the County is in the process of revising its CIE. The revised CIE will be submitted concurrently with the revised 1 O-Year Water Supply Facilities Work Plan. The County does not Intend to revise the existing LOSS of 100 gped for the FGUA in the CIE, unless the FGUA would like to revise this number. Please let us know as soon as possible. I have attached the previously forwarded document and letters for ease of review. Your timely response is appreciated. <<Official ORC letter (DCA).pdf>> <<Collier County 10-Year Water Supply Faciiities Work Plan (12-11-2007).pdf>> <<Response to DCA ORC Report-Comp Plan edits.doc>> CAROLINA VALERA Principal Planner Comprehensive Planning Department Community Development & Environmental Services -oilier County Government . :239.774.8498 F:239.213.2946 5 February 29, 2008 James C. French Operations Manager Community Development & Environmental Services 2880 North Horseshoe Drive Naples, FL 34104 Re: Response to DCA comments Collier County 10 year water supply facilities work plan ( Dear Mr. French: The Florida Governmental Utility Authority (FGUA) Is in receipt of your email dated 2(27(08 regarding DCA comments of the Coilier County 10 year water supply facilities work plan. For ease of review DCA's comments are restated foilowed by the response. DCA Comment: The Florida Governmental Utility Authority (FGUA) currently operates a consumption use permit that authorizes 1.92 mgd and expires in 2008. The water analysis for FGUA indicated that it incurs a water supply deficity for years 2005-2018. However, It did not provide any planning strategy such as alternative water supply projects to demonstrate how it wiil meet the needs within the planning horizon. FGUA Response: The FGUA's current CUP is 1.92 mgd or (702 MG annually) and Is set to expire September 11, 2008; FGUA has plans to apply for an Increase In the CUP before the expiration date. The FGUA's current WTP hes a design capacity of 2.09 mgd with an RO expansion planned for FY 2009 which will Increase the design capacity to 2.34 mgd. Further RO expansions have not currently been bud&eted for the five yeer forecast, but are being evaluated In order to reduce dependency on the Water Table aqUifer and shift more towards brackish water from the Lower Tamlaml using RD. DCA Comment: The proposed potable water level of service standards for the Florida Governmental Utility Authority are not consistent with the adopted level of service standards within the County's comprehensive plan. Policy 3.1, of the Potable Water Sub-Element, indicates that the independent potable water supply districts have a level of service standard of 100 gpcd; however the FGUA proposed 173 gpcd. The County did not include a text amendment to Policy 3.1, of the Potable Water Sub-Element to revise the adopted level of service standards for these water districts. In addition, no data and analysis was presented to support the changes to the level of service standards especially an analysis of how increasing the level of service standard would promote the conservation of water resource. FGUA Response: In 2007 the FGUA sold approximately 520.8 MG of water which equates to 1.426 MGD. There are currently 3926 water connections with an estlmated population of 4 people per connection which equates to 15,704 people. (continued on next page) FLORIDA GOVERNMENTAL UTILITY AUTHORI LEA ANN THOMAS. CHAIR Polk County BRIAN WHEELER Osceola County JIM LAVENDER Lee County ROBERT KNIGHT Citrus County CHARLES C. SADDLER Town of Dundee FGUA OPERATIONS OFFICE Government Services Group, Inc. Protegrity Plaza, Suite 2000 280 Wekiva Springs Road Longwood FL 32779 877/552-3482 Toll Free 407/629-6900 Tei 407/629-6963 Fax 1.426 MGD /15,704 population = 90.80 gpcd which falls in line with the 100 gped level of service standard In Policy 3.1. Therefore please revlae the FGUA number to reflect the 100 gpcd level of service standerd as listed In Policy 3.1 of the Potable Water Sul>-Element. DCA Comment: The district commented that the FGUA's existing facilities and proposed projects differ from the information in the District's approved alternative water supply grant. The District recommended that the FGUA should confirm that If grants GG012 and GG015 have not changed it should revise tables 4-14 and 4-15, as appropriate. The County should address this comment by the District. FGUA Response: Teble 4-14, the Information In this table Is correct except that wells No. 12 and No. 13 which are currently permitted but not constructed need to be added. Both wells are 10' diameter, 180' total depth, caelng depth of 80' and have a capacity of 810 GPM each and pull from the Lower Tamleml. The well Information In the alternative water supply grant is incorrect In regards to the capacity. DCA Comment: FGUA's existing facilities (Tables 4-14 and 4-15) and proposed projects (Table 8-3) differ from the information in the District's approved alternative water supply grant. The grant proposal lists existing facilities and projects GG012 and GG015. FGUA Response: Table 4-15, the Information in thla table Is correct, the plant capacity Information on the alternative water supply grant was listed Incorrectly as 1.724 mid and should have been 2.09 mgd as stated In table 4-15. Table 8-3, the capital improvement projects in table 8-3 are incorrect; please see the attached five year capital Improvement project lIet whiCh Includes projects GG 008, GG 012 and GG 015 which are the referenced alternative water supply projects. If you should have any questions regarding this or reqUire more information please feel free to contact me. Tarek M. Fahmy, PE, CGC Director of Operations Government Services Group, Inc. 280 Wekiva Springs Rd Suite 2000 Longwood FL, 32779 cc: Carolina Valera (Collier County Comprehensive Planning Dept) FLORI DA GOVERNMENTAL UTILITY AUTHORI FOUA OPERATIONS OFFICE Government Services Group, Inc. Protegrity Plaza. Suite 2000 280 Wekiva Springs Road Longwood FL 32779 877/552-3482 Toll Free 407/629.6900 Tei 407/629-6963 Fax FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE UTILITY SYSTEM FIVE YEAR CAPITAL IMPROVEMENT PROGRAM For Fl...' Yoo,.. FY ~007- FY ~011 (fOOO) PROJ. NO. PIlOJacr GGOOl InfillraUOl\flnnllw R,moval OGool 11I1illraltonl'nnow R.mo....al GG082 Lift Slallon Rehab & R.pracement {2 per yest} GGOO3 T.lem'lry GGOO. Milcellllleoul Aepq- &. Rl!(tewal GOODS Fir. Hydlanl RepJtctment GGOO6 Weltr Mlll,rRlplacemlnl Program OGOOI RAW Wal't CapACII)' Ell'pan.ron (Wells) GG(l10 Wal't DI.ttib\.lIIOl1 SyI!8m Improvom.nla GGOl1 RD Planl ""embl1lne Replacement GG01, RO PlantMombnln,R,pllcem.nl GG012 Water Treatmenl Pl.nl E..nllon Ph.... 4 GQ014 Waslewater SYllem Colleclion & Tran8mrHlon fmp. GGOf4 Wasl'Wller S)'lilllm Coll."UolI" TUlnsmJsslon Imp. GG01$ Deep WelllnJacl:lonl EffImmt Olsposal GG01. Eqllfpmenl Replacement 00019 Sy$l.m WIer. MI.ler Plan Update aG020 WTP QJenelrng hClllll.. GG022 WTP Pilmp 8y.tt,., Upgrade. GG023 WWTP E~aIlIIQn (0.95 MGD 10 1.8 MGD) GG024 WTP Security Improvements aG027 Rehab H2S ScrubbIT WWTP GGoza Well Upgrade. GGoa. ReclaImed W.le, ~rvJecl GG042 Palnl WTF Unll A. and Un" S GG043 Trealment Unit B Rehab GGO'" Build 01.11 of Cuslomer Service Office. Gollfen Gale GGO..S UUIRy Relocelion. Sanla BatPltB Boulevard GGOBB fnspeclar Vehlde Purch.se OGOi9 Ooeumllnllmaglnv Syslem T0111 Sources of Funds Renewal & Repl8latmenl Fund Series 2005 Bond Issue Serl.. 2009 Bond fuue WeIer CapaeJly Fees WIIleWIler Cap.ell)' Feos Serf" 2007 Speelal AsseS&mllnt Bonds lotal Fund Go,:!:8 131329 13130. 00,28 131306 131305 GGOS 131325 OG51 GG28 GG29 GG2e 131325 GG29 131328 0028 131305 G02S G028 GG28 GG28 OG28 131305 GGU GODS GGos GG28 131305 0025 GGOS 1313.. 131325 GG29 OG40 6045 0055 G1.S0tlrt. 101180 101088 10108. 1011$0 101084 101014 1G1D84 1011&0 101151 101180 101018 101180 1011$0 101188 101160 101180 101084 101UiO 1011S0 101160 101160 101160 101014 101188 101084 101084 101160 101084 101180 101084 101084 101180 101068 101082 101083 101161 FY 2007 P'120tl. 1'1'2001 FY201. FY20l1 Total ISO 150 0 0 300 0 1'0 "0 '50 450 "0 150 '.0 150 ISO 750 100 100 - - 0 200 200 210 221 253 2'9 1,132 30 30 30 30 30 150 15 ..H. 1& 1& 15 7& L 4 ~r 5'89 3&. .,. .7. 1,078 4,119 00 0 &0 0 .. '5 70 200 \:!:!W --: 1,1&5 80' . &0' . 0 200 200 0 '00 3,"35 3,435 50 70 150 10 10 '00 10 10 140 '71 0 - 571 .. " 1.515 - 0 1,5UI "3 0 . 0 '" - 12. . 125 '42 . 0 - 142 . 1,000 - . 1,000 15 . . . . 75 ". . . . 1&5 50 . . '0 - ". . . . 142 8 . - . . 1 1 1 1 9 '21i.. 2 1 2 2 5 9 . , 75 17&83 m S'5 518 '50 '55 2,T53 7,986 7.., . . 0 8,741 - . 1,415 41.5 220 2,050 . . 0 . . . . . '75 702 869 '7. 1,078 11119 . 4 2015 2UZ . 114' 17& 1 93 "'ate " vr 01 "c..+~ G.e:,oo'il ~ G(;,o 1'L .......". 'gaz.u ('..~.cl.,,\..J. ~r F'l Z-oc,\ Revistld: 5epI8m~er8, 2006 IV-11 ! i ~ Executive Summary 2005 2008 2013 2018 Permitted Surplus (Deficit) (MGD)' (0.80) (1.10) (1.64) (2.20) Calculated by subtractmg Annual Average Dally Demand from Available Facility Capacity. 2 Raw water requirement is the amount of raw water need 10 make a certain amount of finished water. It is calculated by dividing the Annual Average Daily Demand by the efficiency of the treatment process. 3 CUP for 3.36 MGD annual average expires June 15. 2010. 4 Calculated by subtracting the Raw Water Requirement from the Permitted Amount. Based on the capacity analysis, the improvements planned by the IWSD for the 10- year planning period are sufficient to meet the demands of the service area. However, the allocation of the underlying CUP (1l-00013-W) does not cover the withdrawals required to achieve the finished water demand. Florida Governmental Utility Authority (Golden Gate) (FGUA) The FGUA service area is nearly built out and the utility's plans for the lO-year planning period include projects to meet minor increases in water demand. Table ES-S summarizes the treatment capacity of the existing and planned potable water facilities for FGUA. Table ES-S. Summa Facility Name and Planned FGUA Water Treatment Facilities' Year Design Capacity Project Identified in Online MGD LWCWSP Online 1.22 No Golden Gate WTP (LS) Golden Gete WTP (RO) Golden Gate WTP (RO) Golden Gate WTP (RO) Online 0.87 0.25 ~ .1-5" No 2al -eeelt No No 201 ~ '1 ~~~i Total .I "mV{l ~ 1.. .Jf Information on exIsting and planned water treatment facilities taken from the draft 2007 Water Master Plan Update, prepared by Arcadis, June 2007. Based on population projections available for the FGUA service area, a capacity analysis was performed looking at project demand versus plant capacity versus permitted allocation. The results of the capacity analysis are summarized below in Table ES-6. Table ES-S. Ca 2018 4i'5- I i!:ll!t' .<;Ij~ e,se- ~ '2.410 P:\Co;;llior Counl)'o.1o.V", w....,. S~pJllJ Fac<Ii'Fo$ W.n PlionlOll Ve....,., 5. Pll~ {R..I'ell V.",iDn Sulllllilled to CCFC)\TalIll5 ueculivto SIItIImfJ)'_<loc:12I11not17 ES.5 CI:IIII Executive Summary 2005 2008 2013 Permitted Amount MGD Annual Avera e 3 1.92 1.92 1.92 Permitted Sur Ius Deficit MGD 4, (o.H Calculated by sUbtracting Annual Average Daily Demand from Available Facility Capacity. 2 Raw water requirement is the amount of raw water need to make a certain amount of finished water. ~ f.Ofv\A\w X. i., ,..1.....1-.-.... 1~'l!It ilifiR8 IRe .'...",,,:.1 AY~'a1:f1l::: I)dlly &J1I,71110"~ fir/tAB -ffi...lo......y nf th""trQ:iI+-,;,"'1 J?"~"ggg. Je'f/I.LI.v,~ \>U ('i'"\~ 3 CUP for 1.92 MGD annual average expires September 11, 2008. n.. (Q."v .........\<./" 4 Calculated by subtracting the Raw Water Requirement from the Permitted Amount. \A~"'~ 2018 1.92 The improvements planned by the FGUA for the 10-year planning period are sufficient to meet the demands of the service area. However, the allocation of the underlying CUP (11-00148-W) does not cover the withdrawals required to achieve the Iinished water demand. It". \f\Jl.-n-..>e :... cuP ;. bcv\)- qppl.J fw _s 1<Vt uFro \?,,!_,-\- rw<2.'-""'...\ ev-.)... ...,;\tt t()uM' .fw. ~h.J""(l. \A1t-t\..t'df'c.oU)<o\"'} N~I.J. Orange Tree Utility Company (OTUC) Table ES-7 summarizes the treatment capacity of the existing and planned potable water facilities for OTUC. Table ES-7. Summa Facility Name Orange Tree WTP Orange Tree WTP Ex ansion and Planned OTUC Water Treatment Facilities 1 Design Capacity MGD 0.75 Year Online Project Identified in L WCWSP Online N/A 2009 0.75 No " '. '1 .., [ i!j{'~l'i!.:llj~; . ~ I' I i~ I I ,1:';'I1I1!-I' ,i;] 1.50 ti I ~,r,. ! ,j ,JI, !>Il- .111 I~ Information on existing and planned water treatment facilities were taken from the eMm memo submitted by alUe to the Collier County Community Development and Environmental Services on September 27,2007. Total Based on population projections available for the OTUC service area, a capacity analysis was performed looking at project demand versus plant capacity versus permitted al1ocation. The results of the capacity analysis are summarized below in Table ES-8. Table ES..fl. Ca 2005 2008 2012 2,631 5,700 9,500 60 80 85 0.16 0.46 0.81 0.75 0.75 1.50 0.59 0.29 0.69 0.20 0.58 1.04 0.86 0.86 0.86 Permitted Sur Ius Deficit MGD 4 0.66 0.28 0.18 Calculated by subtracting Annual Average Daily Demand from Avallable Facility Capacity. 2 Raw water requirement IS ttie amount of raw water need to make a certain amount of finished water. It is calculated by dividing the Annual Average Dally Demand by the efficiency of the treatment process. 3 CUP for 0.86 MGD annual average expires November 11, 2009. '.\ColIiN eo"'l)'I1D-YUr w.... suppIyFllCiIi~.._ PIIIn\OS VeIlIion 5. PIIn (ReYiMcl V....ionSUbmillOd IOCCPC)\T...n05 Eneuti\.. Su-.y.doelZf1112007 ES.6 Section 3 Population and Demand Projections The ISWD LOSS includes operational standards and a per capita water demand standard of 182 gpcd. Based on the LOSS of 182 gpcd and the population projections presented in Table 3-4 the demand projections for the IWSD were developed. Table 3- 5 presents the projected served population and demand for the IWSD, in 5-year increments, through 2018, Demand is provided as both Annual Average Daily Demand in MGD and Maximum Month Daily Demand also in MGD. Maximum Month Daily Demand is determined by multiplying the Annual Average Daily Demand by a peaking factor, which in this case is 1.2. Table 3-5. Project Population and Demand for Areas Served by IWSD Year 2005 2008 2013 2018 Service Area Population 22,206 23,784 26,638 29,664 Demand Per Capita (MGD) 182 182 182 182 Annual Average Daily Demand (MGD) 4,04 4.33 4.85 5.40 Maximum Month Daily Demand (MGD) 4.85 5.19 5.82 6.48 i \ 3.2.3 Florida Governmental Utility Authority (Golden Gate) (FGUA) Table 3-6 shows the projected populations for the areas served and to be served within the existing FGUA service area. The population is shown in 5-year increments, through 2018. Table 3-6. Po ulation Pro'ections for Areas Served b FGUA Year 2005 2008 2013 2018 Served Area Population 1 n €ef in r~." P1lir!:ltinnC" l-.~gQ" 9R Jl'Hlj9~jeR5 iReltld.ecl i., SrWM9 Gtlr 1111 98118 W. P'lJlnhoJ,w '?c.H OtoJ "2.000 us, <"cuJ~\,)J ~.2 1~'u.JvJ".\1 ~ res\bl!L>C:<" M".I\~\oC?) b-a- The FGUA ffffjS includes operational stand~];,\!.s and a per capita water demand standard 0 gpcd. Based on the LOSS of ~ gpcd and the population projections presented in Table 3-6, the demand projections for the FGUA were developed. Table 3-7 presents the projected served population and demand for the FGUA, in 5-year increments, through 2018, Demand is provided as both Annual Average Daily Demand in MGD and Maximum Month Daily Demand also in MGD. Maximum Month Daily Demand is determined by multiplying the Annual Average Daily Demand by a peaking factor, which in this case is ~ 1.2-7 .ELL ~('" ,A<.hJe t:;",.,e"....~s. Tbl37P'tP If dO df AI S d b FGUA a e - rOI&C ODU a Ion an eman or eas erve DY; Year 2005 2008 2013 2018 Service Area Population 131. 2.: 1 Q,8&8 ~~ 'S'I"'" '1""""""" ....,.,.,..,. Demand Per Capita (MGD) 10') +ffl- lo"l~ Jo~ "'"" IO'l4+a Annual Average Daily Demand (MGD) 1,'-1' -+.-r!l ISS Mli! 1,,1 :Mo+ 1.8'l~ Maximum Month Daily Demand (MGD) I.q~ il.+6 1!l1~ 2.., i!,i;1 2,,\0 r.tl5 COM 3-3 P:lCcUioorCounl)'\10-Vu, W.l<t< SllJ>~fditit5 WorkPlaaIOll \I......,5~ Plan(R_V_n lkbInill-.l '" CCPC)\T&ld\MSKI"'n 3Aor:1VI1/2007 <:aM Section 4 Existing Water Supply Facilities size from 2-inch to 12-inch. The distribution system contains approximately 100 miles of mains. Table 4-12 summaries the existing water storage facilities utilized by IWSD, Table 4-11. Summary of Existin IWSD Water Treatment Facilities 1 Facilily Name Design Raw Water Raw Water Capacity Requirement> Source (MGD) (MGD) Traditional/ Alternative Jerry V. Warden WTP Airport WTP Carson Road WTP 2.25 2.32 LT Traditional (Fresh) Traditional (Fresh) Traditional (Fresh) 'U' " " Informalion on existing water treatment facilities laken from the 2005-2006 Lower West Coast Water Suppiy Plan Update approved by the Governing Board of the SFWMD on July 12. 2006. 2 Raw water requirement is the amount of raw water need to make a certain amount of finished water. It is calculated by dividing the finished water capacity by the efficiency of the treatment process. 1.35 1.39 LT 0.90 0.93 LT Total 4.50 4.64 T 12 S f E i I IWSD W t St F Tf able 4. ummary 0 x st ng a er or age aCII les Facility Name Tank Volume IMG) Usable StoraQe Volume (MG) Jerry V. Warden WTP 1.80 1.80 Carson Road WTP 0.50 0.50 Airport WTP 0.75 0.75 Totai 3.05 3.05 ... Information on eXistIng water storage facilities faken from CUP #11-00013-W. 4.2.3 Reclaimed Water Facilities Currently, IWSD disposes of all effluent wastewater via an on-site spray irrigation field, percolation ponds, or deep well injection. There are no current plans to develop a reclaimed water distribution system. 4.3 Florida Governmental Utility Authority (Golden Gate) (FGUA) 4.3.1 Water Supply Permits The FGUA maintains one CUP for potable water supply. The details of the CUP are presented in Table 4-13. T bl 413 C U P 't I d b SFWMD t FGUA a e . onsumpt ve se erml S ssue DV 0 Consumptive Aquifer Number of Expiration Annual Average Maximum Use Permit Permitted Date Allocation Day Monthiy Wells (MG) Allocation Allocation 3 (MGD) (MG) LT ~(proposed) 9/11/2008 331 0.91 33.75 11-00148-W WT 9 9/11/2008 N/A N/A N/A Total III 44- 702 1.92 71.50 p.1c..m., Cr>.Oly\lQ.-Year WaI.. Sum Fadilles w"'" PIaQ\lKI V.,..ion S . Plan (R....;st<l VtoSion s......~led 10 CCPCj\T../I09 Secton 4.doc12l11/2G07 4-20 ( CIIIII Section 4 Existing Water Supply Facilities 4.3.2 Potable Water Facilities 4.3.2.1 WeIlfields Currently, FGUA operates 1 weIlfield, with wells on or adjacent to its WTP site. The locations of these weIls and WTP are illustrated in Figure 4-8. The wells maintained by FGUA tap the WT Aquifer, which is a traditional freshwater source. The two permitted LT weIls are proposed and discussed in Section 5.3.1.1. Table 4-14 summarizes the existing weIls operated by FGUA. o Table 4.14. Summa.... of Wells JPersted by FGUA Well No. Aquifer Total Depth Depth of Diameter Capacity (ft) Casing (ft) (in) (gpm) 1 ~WT 22 15 6 200 2 WT 22 15 8 250 3 WT 45 35 6 160 4 WT 45 35 8 200 5 WT 22 15 8 250 8 WT 22 15 8 250 9 WT 25 25 10 200 10 WT 25 15 8 200 11 WT 25 15 8 200 Information on eXisting wells taken from CUP #11-0<J148-W. 4.3.2.2 Water Treatment Facilities FGUA operates 1 WTP, the Golden Gate Water Treatment Plant, which is located west of CR-951, south of Golden Gate Parkway, as shown in Figure 4-8. The WTP has a finished water capacity of 1.22 MGD using LS, which is augmented by 0.87 MGD of RO for additional capacity. A summary of the existing water treatment facilities is provided in Table 4-15. In addition to identifying the design capacity of each treatment train, the amount raw water required to make the design capacity is also provided. Table 4.15. Summa Facility Name of Exlstln FGUA Weter Treatment Facilities' Design Raw Water Raw Traditlonall Capacity Requirement' Water Alternative (MGD) (MGD) Source Golden Gate WTP LS Golden Gate WTP RO Total 2.09 _ 2.'" Information of existing water treatment facilities take from the draft 2007 Water Master Plan Update, rrepared by Arcedis. June 2007. I?...., \fJG.fer reolllrAmAnt l~ thA Amnlln+ <;;,f HI'V 'Hater Reeel ts Alli.kg R ssftei" u.IIUUlll UJ r1nlSnea w!ner.lr is I1likl'b1lo.t1'lg Py ,","'I-;liAS tRB It.l..l..:id wale, l,;al-/.'....it.1- ~y t1=J8 sflislsRsy Sf~9 tFsstFfleRt f.T5'6&!. 13""f'l> 0,1 ~o""'\'a 01""'''''''0 ~>t &-....... s.\o~.'1.~ '0 1>.~. 1.22 4ft!tl \. -; 'il Traditional (Fresh) WT 0.87 1.16 WT Traditional (Fresh) P:\Celll., CCIIIll)'llo.'I'.io' W.l1O. SUPfI/J fediliea Woorl< PJen\tlfl V...Ic~ ~ - PIon (R....i..d V...lon SIIbmitled Ie CCPC)\T.~MO s.<licn 4.dOGl211 112001 4-21 Section 4 Existing Water Supply Facilities 4.3.2.3 Pumping, Storage, and Transmission The existing transmission facilities consist of transmission pipelines, water storage tanks, and pumping facilities. The transmission facilities utilized by FGU A are shown in Figure 4-9. Water from the WTP is pumped to a 0.52 MG ground storage tank, located on the plant site. From the storage tank water enters the distribution system which consists of mains ranging in size from 2-inch to 14-inch. The distribution system contains approximately 42.5 miles of mains. A booster pump station with a 1 MG ground storage tank on Green Boulevard is used to maintain water pressures within the distribution system. Table 4-16 summaries the existing water storage facilities utilized by FGUA. Table 4-16. Summa of Existin FGUA Stora e Facilities 1 Facili Name Tank Volume MG Usable Stera e Volume MG Golden Gate WTP Tank 0.52 0.52 Green Blvd. Booster Pum Station Tank 1.00 1.00 Total 1.52 1.52 Information of existing water storage facilities take from the draft 2007 Water Master Plan Update, prepared by Arcadls, June 2007. 4.3.3 Reclaimed Water Facilities The FGUA currently disposes of treated wastewater using rapid infiltration basins (RIBs). The existing permitted capacity of the RIB system is 1.25 MGD, which is sufficient to meet the disposal ne~1-tt~ existing 0.95 MGD facility and the planned Phase I expansion of the facility t. GO AADF, scheduled to come on-line in 1.00"1 ~ Two planned future expansions of the facility will increase the capacity to 2.00 }U',/ \-j' :1019. The FGUA considered the possibility of utilizing water reclamation as a possible alternative disposal method in its 2006 Reuse Feasibility Report,~ "".I \S y\tM..t~~1t-.:titfu~a that upgrading the treatment facilities to FDEP public access reuse standards and developing a reclaimed water distribution system within the service t\~l~.f(."''''' area.'''8Iihi Ii! iflEll pl.cJ,ih~t:v..... As A1 alternative the FGUA has decided to construct a Clas~ 1 deep injection well to meet futUIe effluent disposal needs. ",,,I. It". UIJ}e S'15~'"";~ Ii' ? lo.<e . 4.4 Orange Tree Utility Company (OTUC) 4.4.1 Water Supply Permits The OTUC maintains one CUP for potable water supply. The details of the CUP are presented in Table 4-17. 1 U p d b FWMD Table 4- 7. ConsumptIve se ermits ssue OyS to OTUC Consumptive Aquifer Number of Expiration Annual Average Maximum Use Permit Permitted Date Allocation Day Monthly Wells (MG) Allocation Allocation (MGD) (MGD) 11-00419-W LT 6 11/11/2009 313 0.86 37.70 fDIII 4-23 P;\ColierOounl)\1o-YNrWal...SUf>p1yFacirilitsWcrl< PI.nIllSlV....I""S. P\aljRhis6d V.rslon SLIbm;lllId IoCCpC)\h~~5.alon~.docl2111/2OO1 an Section 5 Planned Water Supply Facilities 5.2.1.2 Water Treatment Facilities The lWSD is currently served by 3 interconnected water treatment facilities, the Jerry V. Warden WTP, the Airport WTP and the Carson Road WTP. During the 10 year planning period IWSD plans to expand its Carson Road WTP to meet increasing demands. Table 5-13 summarizes the treatment capacity of the existing and planned potable water facilities for lWSD. 5.2.2 Reclaimed Water Facilities Currently, lWSD disposes of all effluent wastewater via an on-site spray irrigation field, percolation ponds, or deep well injection. There are no current plans to develop a reclaimed water distribution system. 5.3 Florida Governmental Utility Authority (Golden Gate) (FGUA) 5.3.1 Potable Water Facilities 5.3.1.1 Wellfields FGUA currently operates 11 wells, ten of which are located on the site of the WTP. To address future demands FGUA is planning to bring tt~additional wells on-line in 2008. The locations of these wells are shown in Figure 5-7. Tables 5-14 summarizes the well FGUA plans to construct. Table 5-14. Summarv of Planned FGUA Wells Well No. AqUifer Total Depth Depth of Diameter (in) Capacity (It) Casing (It) (gpm) 12 LT 180 80 10 810 13 LT 180 80 10 810 r'tlnformation on planned wells taken from CUP #11.00148~W. 10 "'2.-DiJ ~ 1'-\ '-T 'U)D I'll Vv-..... Table 5-15 identifies the major tasks required to build each of the _ wells, along with the funding source that will be utilized and the scheduled dates for studies, property acquisition, design, permitting, and construction. 5.3.1.2 Water Treatment Facilities FGUA operates 1 WTP, the Golden Gate Water Treatment Plant, which is located west of CR-951, south of Golden Gate Parkway, as shown in Figure 5-7. The current capacity of the WTP is 1.22 MGD Ilj'i~i LS and 0.87 MGD using RO. FGUA plans to expand the facility to a capacity of~GD by adding additional RO treatment trains. A summary of the existing and planned water treatment facilities is provided in Table 5-16. In addition to identifying the design capacity of each treatment train, the amount raw water required to make the design capacity is also provided. Table 5-17 identifies the major tasks required to build each of the planned expansion phases, along with the funding source that will be utilized and the scheduled dates for studies, property acquisition, design, permitting, and construction. P:\CQ~itf CounIY,1B.YurWe1el Supplr F8cil~Ies\N""'PI....lIl9V.",j"" 5. Pl.n{ReYI_ llama" Submilled loCCPC~T_l0 s_ 5.*",12111/2007 5-21 ~f ~ ~o 6?0 SCALE IN FEEf ~ 4i' /,I I .~ :.. ~'" Iii! <> I .. /'" ,J-- ~.. ".~..... ~ i ~ 'i 'i /. V')-~ li ~ ~! ~ :1 I~ I~ 1.# ! I: ,'I. ::~_,,-~ 0 ~">.,,,-_ fil!i~ t':lfT ~,,--~.1.; .-:-~ x . 7:f ~ i ~~~~ --y..~' ~. ~ -~~l? ~ /. i~ nc:::::> ~~"L --:';...~ _l~--=-"''' ii! ~ ~ ~~f '-I~~ j/i~ ~~ i A 0 ~ o~ ~ !r~ -- iCJ I ~n I ~~ .~ ~O ~ ~ ~~ I I '. ~I x ~ I w I '" " o N g: ~ i O ~ x ID~ I~ii! ~ ~ ~ '" o '" I ~ " GO ~ GO ~ ] >> I --- FIGURE 5-7 COLLIER COUi'lTY 10-YEAR WATER SUPPLY FACIL TIES WORK PLAi'l EXISTIi'lG Ai'lD PLAi'li'lED FGUA WELLS ANO WATER TREATMEi'lT FACILITY !.? ~ ~ ~ , <l' ~ m ,,- =~ H ,fO " o 'S U m ~ C Q) W._ 'O~E .. 8 ~ .. ~ -'I! ~ ~ I 111 ;;: j m ! :D ~ i Q. . <( j ::l Cl ~ I ... 'C ~ 1 m 0 m " "'$ f " .. ,,11. ! ii: .- Ii; 'Cm :E s=> I '5 u.~ j III ~ S 'C . e! ! '5 I m i '" g) , .. J {! 1 ! ~ ~ .. '" :Ii .,- nf on q ~ z'" J, ~:; m :D '0= {! ~~ ~ "! ~ oS ." "0 1; ~ll. c ,.: . "'Ul 0 .., li;: 1il .. ;Q" . . -;: c " ~~ -'l ~ D "e- O '" ll. '6 ~ m ~ " B ~ ~ ~ . > D ~ '" U . ro E ~ u . . .!l ~ Ii ;;' ~ ~ ~ ro $ . " c m ~ ,g u c ( ~ 'l! '6 => ~ ~ c ?- m ~ n: D u * * ~ . <l e " jj ~ " ~ ;: " ~ ~ 0 I 0 N i '" ~ u C . . ~ I " " E c .Ii il E . c m j . c ~ . J!l t '" . B l ... . m ;e Jl C'lI"-Il:lO .~ jj m I NClONlO .. E ""':000 E B , . , E III S Q) 0 ~~ "' ro1ii(ll~ c "";'~ " (9(0 .2 !i~ ':;~ c c c c ~ ~~ ~ ~ " . ]j :is '0 -0-0"0"0 " . . 000.0 o -" &';; 1-"- l~)(.!) C> " 1-- N " t>" ~ oJ ~ o i ,- o ~ :;: ,. ~ ji .:t E ~ . 8: 0 o o ... 1; .. " ... 41 l: ~ .ll .~ - o ~ ~ 'il . u. - o ~ e I- - ~ ~ :ii ~ .. ..: ::> " u. 'l: o o . ;;: :!! .S 10 Jl ." j '" ~ o . I- .g . " ,..: - ,;, ~ :ii . I- o ~ ';;j .~ iI ~ ~ ~ ~ ; 8 8 ~ .. ~ , US * * ~<i<i ;!; E E :a 8 0 'in 0 . ~ I i , . I j j j I ~ I i I I l J I ! If ~ . 0 ... * $ 5 u. lL g~ 'C o , IL ~ OJ i i :;: :;: !~ I I 80 Q;.~ .. 0. \i \i o ~ ~ ~ z OJ OJ ~ &i lij ~8& Section 5 Planned Water Supply Facilities 5.3.1.3 Pumping, Storage, and Transmission As described in Section 4.3.2.3, the existing FGUA transmission facilities consist of transmission pipelines, water storage tanks, and pumping facilities. FGUA has no plans to modify the existing storage facilities. However there are plans to expand the transmission pipelines. The existing and planned transmission pipelines are shown in Figure 5-B. 5.3.2 Reclaimed Water Facilities The FCUA currently disposes of treated wastewater using rapid infiltration basins (RlBs). The existing permitted capacity of the RIB system is 1.25 MGD, which is sufficient to meet the disposal nee1. ~ the existing 0.95 MGD facility and the planned Phase I expansion of the facility to+.i!8-MGD AADF scheduled to come on-line in 2",,'1 ~. Two planned future expansions of the facility will increase the capacity to 2.0 MOD by >:!H.B. The FGUA considered the possibility of utilizing water reclamation as a possible alternative disposal method in its 2006 Reuse Feasibility Report,..... 0.".) l~ p1~#I~ef~.iYlea tkt\~ upgrading the treatment facilities to FDEP public access reuse standards and developing a reclaimed water distribution system within the service ''''''I''" t~r_ area,,\uBliIlEi 88 eBB! "rgl-..';hi-l-ine. As 'IQ a ternative the FGUA has decided to construct a Class 1 deep injection well to meet future effluent disposal needs. ",,1, \ -t~p fev.s,e s~,,~ jo(. )J\ rl~'e . 5.4 Orange Tree Utility Company (OTUC) 5.4.1 Potable Water Facilities 5.4.1.1 Wellfields OTUC currently operates 2 wells located in dose proximity to the WTP. To address future demands OTUC will construct 2 additional wells that will be put into service in late 2007. Table 5-18 summarizes the additional wells OTUC plans to construct. T 18 5 f dOTU W II abe 5- ummarv 0 Planne C e 5 Well No. Aquifer Total Depth of Diameter Capacity (gpm) Depth (ft) Casinj;J (ft\ (in) PW5 LT 180 70 12 300 PW6 LT 180 70 12 300 5.4.1.2 Water Treatment Facilities OTUC is currently expanding its water treatment plant from 0.75 MGD to 1.50 MGD to address future demands. OTUC intends to submit the permit for the expansion to the FDEP in 2008. The planned expansion will provide ample capacity to bring the utility from the current demand level to those forecasted for 2012. Table 5-19 summarizes the existing and planned water treatment facilities. aI\II 5-27 P;\Cgl<or Countyllo-yu, w_ Supplyfacll~i"'W<ri. PIlo~1OS V~Tool 5 .Plan {Re\O'iPd V.",ion Submill&d 10 CCPC)l.Tn",0 Sodion5.docl2fl1J200T Section 6 Facilities CapacWes Analysis 2005 2008 2013 2018 Raw Water Requirement (MGD)2 4.17 4.46 5.00 5.57 Permitted Amount (MGD Annual 3.36 3.36 3.36 3.36 Average13 Permitted Surplus (Deficit) (MGD)4 (0.80) (1.10) (1.64) (2.20) .. Calculated by subtractmg Annual Average Dally Demand from Available FacIlity CapacIty. 2 Raw water requirement is the amount of raw water needed to make a certain amount of finished water. It is calculated by dividing the annual Average Daily Demand by the efficiency of the treatment process. 3 CUP (11-00013-W) for 3.36 MGD annual avarage expires June 15, 2010. 4 Calculated by subtracting the Raw Water Requirement from the Permitted Amount. 6.3 Florida Governmental Utility Authority (Golden Gate) (FGUA) Table 6-4 shows the capacity analysis for FGUA for the 10-year planning period. The improvements planned by the FGUA for the 10-year planning period are sufficient to meet the demands of the service area. However, the allocation of the underlying CUP (1l-00l48-W) does not cover the withdrawals required to make the finished water demanded. AI' '<'IILrh\Q. \,) -t\u C.uP 1.1 ..,O\^~ ~\.,~ ~, c,c..; fb'~ ..J~ +k~,...\"- r~IJ<<""'''''\ aJ\J. 'V"\ t~ +I>e fi.,lv,. \^"''''~''''''''' >(I...~'O. f Table 6-4. CaDacltv Analvsis or FGUA 2005 2008 2013 2018 Service Area Population I}~ t~ 111q~ 1!1~ -'~Jo'~. Demand Per Capita (MGD) I"'J~ l"'l~ lo'l~ l.~~ Annuai Average Daily Demand (MGD) 1.4~+.i'9 1.S",J..lll!' I,'I~ 1.1~~ Available Facility Capacity (MGD) 2.09 2.0'l~ 2.1~~ 19q~ Facility Capacity Surplus (Deficit) (MGD)' ~.Io<> Q,il6 I..<v o.4i' D'/"3~ it,,01Ml6- Raw Water Requirement (MGD)' "t~ ,.q/~ 1,. ;M& 12i ?:T'T'" .., .'ti. Pennitted Amount (MGD Annual Average)' 1.92 1.92 1.92 1.92 Permitted Surplus (Deficit) (MGD)' (). 6'~ ..,~ , ~S(~ ~ .. Calculated by subtracting Annual Average Dally Demand from AvaIlable FaCIlity Capacity. 2 Raw water requirement is the amount of raw water need to make a certain amount of finished water.1t- ?<'r"\c.ho.... x i'1"'-IBHlateel ~r "'i...~i"'E1I"'" 'O'~-t:lal :...~r 9"" n...ity 09FRSFlIIIsy tAil 1?'Hl~:......~y nf IhR' tr...~......,.....t )irlilI!656, ("l4v.) l.&>Gllj cl~ 'CUP (11-00148-W) for 1.92 MGD annuai average expires September 11. 2008. I'if "'f..... 4 Calculated by subtracting the Raw Water Requirement from the Permitted Amount. 6.4 Orange Tree Utility Company (OTUC) Table 6-5 shows the capacity analysis for OTUC out to 2012 when it is proposed to be taken over by CCWSD. The improvements planned by the OTUC for the lO-year CDM 6-3 P:1CoII.' Cou~Iy..1(I.Y....r Wale, Supply FaO:<I~ios Wort. Plan\O!I V....ion 5. Plan {Fl....Jsed Vet1lion Submllled 10 CCPCllT_l1 SecliDn 6_d<>c12111/2001 <:aM Section 7 Conservation Regulations and Practices E. Leak Detection Program: The applicant does not have an unaccounted-for water and leak detection program because the unaccounted-for water losses are tess than 10 percent. F. Rain Sensor Device Ordinance: An ordinance which requires any person who purchases and installs an automatic lawn sprinkler system to install, operate and maintain a rain sensor device or automatic switch which will override the irrigation system with the occurrence of adequate rainfall is currently not in effect for the service area. The utility will request that Immokalee adopt an ordinance within 1 year of the permit issuance. G. Water Conservation Education Program: The applicant distributes pamphiets, makes school visits, and provides information booths for employees and customers. Information signs, press releases, and messages about water conservation on the bills are also utilized. H. Reclaimed Water: Currently all wastewater effluent is disposed of via a spray irrigation field and percolation ponds. 7.3 Florida Governmental Utility Authority (Golden Gate) (FGUA) The conservation plan implemented by FGUA is described in the utility's consumptive use permit as follow: The Authority (FGUA) has an interlocal agreement with Collier County to serve portions of unincorporated Collier County. As such, the Authority follows Collier County's Water Irrigation Ordinance, 2002-17, which is the District's intent to conserve water through irrigation schedules. This ordinance also refers to Chapter 373.62,F.s. with regards to use of a rain sensor or other automatic switch which will override the irrigation cycle of the irrigation system. Additionally, Chapter 40E-24 of the District's rules requires residential irrigation to follow a plan of odd-even addresses with 3 days per week irrigation. Permitted irrigation of nonathletic playing fields (golf courses, ball fields, lawn tennis, etc.) is also required to follow the same conservation practices, The current rate structure for billing customers provides for a base facility charge and a volumetric consumption chargeJ resulting in increased customer costs for higher consumption. The rate structure is intended to conserve water. The Authority's wastewater is 100 percent reused by routing the effluent to rapid infiltration basins to recharge the ground water system. The Authority encourages use of xeriscape practices similar to the County's xeriscape ordinance. The Authority does not have the ability to create an ordinance for the Golden Gate service area, but does promote xeriscape through a public education program. Similarly, the Authority has no plumbing ordinance for low flow fixtures, P:\CclJjeICCII<1t)lll~Y..r Weier SuWlyFRiliiO$WOIkPlanlO9VersiCfl 5. Plan IRmsem~lod 10 CCPCllTeldl12 Sedion 1.d<<1211112OO1 7-4 \,\-'e bo\iJeor- Gc.\-~ \Ah\.lr,"',,';' ~"e ~,+"'o,,~ ,....I'\€"'''''\('J "^ v.~~<<"V",~.l. 7u, W~I-or losS 2003 v..", <>.cc""".-j. ~( W~' t'rO:Jfo..w.. v'\ ' . . u,.\ <>.",^"o.\'''' L<>c.1.<. d>..~\&..~utv -s.,N'<<.\ eve \o,''\'21",\e,l, fi,r <.." ?Wt 6f -\w.. -I 5v"~" ~ a-' r \ s.r I> ~(e~K1\''''^ 14'1.. T eM} Wc.to (l..S6J'u\ /^.,,^~S<'-"'''''\-?\'''I' b,.>\- Or. aNl~ v!e.ll ' wo'-eJ . Section7 ....s- ^ l-eh ( ConsBlVation Regulations and Practices Q1M but does encourage these products through the use of public education. The public education program consists of routine mailings of water conservation literature with monthly customer billings, meeting with homeowner associations, school programs with speakers and water plant tours, and participation in community events. ..Tnp r:nT~o.... ~aw T Ttility, AS1" tf;Je Q . 14-l-.........i+)t. l,,,,"c nnt pO'i"l=grR:uni a leak aete.:::tisFl Qn'i"'H::>j' prigr ts 2Q92. The J..lill.oIit) ia f'tlHe:Rtl)' ;In:;\lH~ting thp rli..trisl:lli....u "y"lC:IU <>'I"'IrI if tks 1H'I.ae<:om..tecl. lassEs are greateJ thBFllQ p9K9Rt, a leak Q@tBo;:ti""..... program "f'"" vdllae slal tea fer the 280:3-2804 fj1)LGll y~a.l ;u Od31ger 2QQ3 7.4 Orange Tree Utility Company (OTUC) The conservation plan implemented by OTUC is described in the utility's consumptive use permit as follows: A. Permanent Irrigation Ordinance: Orange Tree Utility Company (OTUC) enforces all watering restrictions as they are made known. This includes the District's Mandatory Year Round landscape irrigation measures for Lee, Collier, and Charlotte Counties (Chapter 4OE-24, F.A.C). B. Xeriscape Ordinance: OTUC higWy encourages the use of Xeriscape landscaping in its service area to help reduce the need for ornamental watering. c. Ultra-Low Volume Plumbing Fixture Ordinance: It is the policy of OTUC that low volume plumbing be installed in all new service connections, in accordance with the State building code. D. Water Conservation Rate Structure: OTUC is in the process of developing a conservation based rate structure for future use, with approval from the Collier County Water and Wastewater Authority. E. Leak Detection Program: OTUC will repair any system leaks brought to its attention in a timely fashion and will also review usage for detection of major leaks. F. Rain Sensor Device Ordinance: OTU requires all irrigation systems to have rain sensors which override new lawn sprinkler installations. G. Water Conservation Education Program: OTUC will distribute and place on its website public service education information as it is made available by government agencies. H. Reclaimed Water: Wastewater is being reused as a source for golf course irrigation water at the present time. 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If I, ,.~ . FLORIDA GOVI!RNMI!NTAL UTILITY AUTHORITY .' OOLDI!H GATI UTILITY IYeTEM FIVE YEAR CAPITAL IMPROVEMeNT PROGRAM for Fllear ieal'l FY %007. FY 2011 ('OaO) PROJ.HQ, PAOJeCl' Fund GI.8ouI'C' PYlea7 ''1'20,. . . 'Y ItD F 11 eOOCll llllllralloNJnllowR.rnoVII 0011 101 reo 'SO G0001 InlCrllllllvlnffo\v R.movII OG28 101_ 'SO If' 'SO ~SO G0002 LllllSldDn Rehab & R.prll:.mlnl tt p.,y.l1) 00" 101oa. '" 15. ,.. ,,, ". ,.. GGOOl r"lmt"Y 00" ,011to ,.. '00 .00 00004 M!aOtllln'01l1 Rep. & Ren'wal 01100 tOtes. ,.. 210 '" ,.. 'oil 1,132 GOal>> FJrt Hydllnl RoplJcemool 0001 HI,OI. 00 30 30 30 oo 110 GOOOO Wal., M.IItRtpllotm.nIPl1l8f1Nll OG1l 10101. '6 10 11 78 GGOOO Rew Will, c.,trItt I!brp....hm (W'lll> GO" 101110 164 OGal0 WI'''' Dl.ltIINlI0II8Ylllm lmpt'Dv,m,rll& GO$I f01181 ... 07~ 1,07e ",118 GGOI1 RO PI.1lt Mlmwenl Rlpr.comelll GG21 101110 60 60 GGOll RO PlIAI MDmllflne RepllNm.nl G02t t01081 . .. .. ,. ... GGO" WI'-r Tmlmenl Pl"" E..nIJoII Pit...... Goal 101110 t.1ea aGO" WIIIIWIlIrSylflm eoulcliolll frlnlmlNlon Imp. GOa, 101111 ..~ GGOl4 W'IIIWlr.r Sf'fIm COIl.otlon & Tllumlll101llrnp. G021 101111 200 ZOO '00 GG016 D,., Wea hlltcfOnll!fllulnl OIlposal ooao 1011'0 3,435 3,4" GGO" fqul'Pmlnl RepllOlmlnt 0028 1011110 .0 TO ", GOon 8y5111T1 Wid. Mill.. '''n Upd'fe 00" 101014 '0 ,. '0' 10 10 ,~. lJOOZO WTP 810ndfng rlCllll.... 00.. 101110 '" '" 00022 WTP Pllmpe"lltm Up(Il'Ictol GQU IOI'HIo " " GGem WWTPIllpIII'tIIOII (0.11 MGD 10 1.5MGD) GlUI 101180 '.51tl 1,&1& 00024 WlP Statm1J' 11bJm'lmenl. 00" 101110 '" '"~ GOOt1 Rehabtt2S SetuJliltrWWfp G02. 10tl10 126 ". GG021 wen UPl'1du GGOI 101014 142 142 GOOU AIGI.mld W.t" ProJacl OOat 1011.. 1,000 I,DOO OG04~ Palnl WTP UII6I A. 1M Uml8 0000 101ot4 ,. ,. 000013 Traalmtbl V,. B Rehlb 0000 101QfU ,,. ". GGO".. 8u11c1 Cui oJ Cullom" $elVfce ornpe. GOldin Gal. G02, 101160 .. .. GGO"$ UUIIIy RIJoce~o". B'IlI. BW.Ft BeUleVl1'd GaDS 101014 ... H' GGO" In.plctorV.hId, PUJehlUs 0028 1011eO . 6 GGO" Ooewnlnllm.gfn, BYllam GIl<l5 101014 Tol.1 . 12 'ource. of Fund. Rln.wl!' RepllCemenl. Food GGOa 101014 7 . '"~ ~.. '.7 Berl" 2004 BOnt ISIN' GOZe 101110 '.... '51 e.741 Sen.. 2008 Bond luu. 0.... 10tOn 1,415 41~ 220 2,050 W.lefClpldlyf... 00<10 IOUl82 WIIloweltt Cep,t/IV 'tiltS G046 t0108a Sill.. 2007 Specl.l AN...mlnt Bondi 001. 1011151 700 .. .. 101e flUS To"l . .4. 1 (l,c"OO'a ....> G&OIl,. ~,,""4' 'l>"W ('.~.l.u\~J. fi.r F'l :k>o '\ ",,,,,,,'. yro,\~,,-I-~ Relf..d: Sepl,mbtr8, 20015 IV-11 Correspondence between Collier County Government staff and AMUC valera c From: ,ent: fa: Cc: Subject: Attachments: SchmittJoseph Tuesday, July 22, 2008 2:02 PM 'Blake Gable' CohenRandall; valera_c FW: 10-Year Water Supply Facilities Work Plan - Information request FW: Ave Maria Utility Company; 10 Year Water Supply Plan Blake Below is an email from my staff regarding a request for information related to the operation of the Ave Maria Utility. Attached is your most recent response. I understand your position and your concerns however please understand that we are under statutory obligation to submit the final plan for Collier County -- a plan that attempts to display consumable water usage throughout the entire country. Base on the attached response it is evident that we are going have to report to both our Planning Commission and the 80ard that the Ave Maria Utility elected not to provide staff the needed information to complete the required analysis. I certainly have no problem in proceeding in that direction however please understand that in doing so staff may be painting the Ave Maria Utility as being uncooperative in providing the needed data to finalize Collier's submittal. I simply want to be sure that you are comfortable with that position. Thank you for your consideration and understanding. Joe Joseph K. Schmitt Administrator Community Development and Environmental Services 595-9751 "8alancing the demands of growth and Division office -- (239) 403-2385/2390 cell the demands of the community" / ,~ -----Original Message----- From: CohenRandall Sent: Tuesday, July 22, 2008 1:34 PM To: SchmittJoseph Cc: valera_c; weeks_d Subject: FW: 10-Year Water Supply Facilities Work Plan - Information request Joe: Please note below what would have been forthcoming from Ave Maria Utilities' engineer to address The Water Facility Supply Work Plan objection's set in the ORC received from DCA. Instead, we received the letter from their legal counsel which does not address all deficiencies set forth in the ORC which was based on objections raised by the 50uth Florida water management District. Randy -----Original Message----- From: David Genson [mailto:DGenson@barroncollier.com] Sent: Wednesday, July 09, 2008 8:32 PM To: valera_c; Brian Goguen; 'sglale@aol.com'; 'KRetallick@orangetreeassociates.com' Cc: SchmittJoseph; CohenRandall; weeks_d -~ubject: Re: 10-Year Water Supply Facilities Work Plan - Information request Carolina, 1 We have received your email regarding the matter. have been out of the office for the past week. We these issues (if any at all) early next week. I apologize for not responding sooner, but understand your comments and will address .-hanks, David 8 Genson, PE 8arron Collier Companies ----- Original Message ----- From: valera_c <CarolinaValera@colliergov.net> To: David Genson; 8rian Goguen; sglale@aol.com <sglale@aol.com>; KRetallick@orangetreeassociates.com <KRetallick@orangetreeassociates.com> Cc: SchmittJoseph <JosephSchmitt@colliergov.net>; CohenRandal1 <RandaIICohen@colliergov.net>; weeks_d <DavidWeeks@colliergov.net> Sent: Wed Jul e9 17:32:58 2ee8 Subject: Ie-Year Water Supply Facilities Work Plan - Information request On July 2, 2ee8, you and your Utility were provided correspondence from me regarding the necessity to provide requisite information for the Collier County Ie-Year Water Supply Facilities Work Plan. At this time, no response has been forthcoming from your Utility even acknowledging receipt of my e-mail and the approaching deadline. As a reminder, the objections raised by the Florida Department of Community Affairs (DCA) pertaining to the Ie-Year Water Supply Facilities Work Plan were the direct result of objections raised by the South Florida Water Management District (5FWMD). Obviously your Utility's consumptive use permit rate of consumption and other pertinent information is of concern to the District. Please provide this information as soon as possible as to the County needs to satisfy all of DCA's and the SFWMD's objections raised in the transmitted version of ( :he Ie-Year Water Supply Facilities Work Plan. , Your failure to respond will most likely result in the Collier County's Ie-Year Water Supply Facilities Work Plan being found not in compliance. If this transpires, most likely DCA will implement statutory administrative hearing procedures where the SFWMD will be involved with Collier County and the non-responding private Utilities involved as parties. Please respond as soon as possible regarding the status of your response. At this time the Comprehensive Planning Director, Randall Cohen is fully aware of the status of the Ie-Year Water Supply Facilities Work Plan and the necessity to meet the compelling deadline as we approach the Collier County Planning Commission (CCPC) hearing date of August 19,2eeS. Should you have any questions, please call me at 239-252-S498. I will be out the office from Thursday July Ie to Friday July IS. If necessary, please call Randall Cohen at 239-252-2ge3. Thank you, CAROLINA VALERA Principal Planner Comprehensive Planning Department Community Development & Environmental Services Collier County Government T:239.252.8498 F:239.252.2946 2 LAw OFFICES ROSE, SUNDSTROM & BENTLEY, LLP 2548 BWRSTDNE PINES DRIVE TAlLAHASSEE, FooRIDA 32301 FJlEDERJt::k L .Asc&VlR.JR. CHRIS H. BENnn, P.A. RoBERT C. BRANNAN F. MusHAU DI!TIRDING JOHN R. JIlNIClJ\lS, RA. Kn:e L KmPI!R STlM!N 1: MlNDUN, P.A. OlASl1Y H. O'SnEN DA!U!N L SHIPPY 'WU.l.IAM E. S1JNOSTl\OM, EA. DiANE D. TuMOR, EA. JOHN L WHARI'ON RoBERT M. C. Ron, (1924.2006) (850) 877.-6555 FAX (850) 656-4029 www:rsbattomeys,com CENTRAl FLORIDA OFFICE SANlANDO CENTER 2180 WEST STATE ROAD 434 SUITE 2118 LoNGWOOO, Fl.oRlDA 32779 (407) 830..633-1 FAX (401) 830-8522 M.umN S. FR12DMAN, RA. BRlAN J. STREET July 18,2008 CHJUmAN \v. MAAcau, OF COUNSEl (LJcENSJ!D IN NEW YORK ONLY) Ms. Carolina Valera Principal Planner Comprehensive Planning Department Community Development and Environmental Services Collier County Government 2800 N. Horseshoe Drive, Suite 400 Naples, FL 34104 Re: Ave Maria Utility Company Collier County 10- Year Water Supply Plan Our File No.: 37077.01 Dear Ms. Valera: We are in receipt of your email dated July 9 to David Genson, among others, regarding the County's IO-Year Water Supply Facilities Work Plan, a copy of which is enclosed for your ready-reference. Notwithstanding the first sentence of your email, we are not aware of any necessity to provide requisite information for the Collier County 10- Year Water Supply Facilities Work Plan. If you would, please provide us with the legal basis for this requirement. The Company has reviewed the latest draft (December 2007) of the Collier County 10-Year Water Supply Facilities Work Plan (plan) and it appears that most of the revisions requested by Ave Maria Utility Company, LLLP (AMUC) have been incorporated into the latest draft. Your correspondence is not clear on what exactly you consider to be the issue(s) or how you believe the ORC comments should be responded to. It appears from SFWMD's review of the Plan that they noted that AMUC's current consumptive use permit (CUP) expires in 2011 and that we are proposing to develop additional freshwater well field capacity to support future potable water needs. The Lower West Coast (LWC) Plan recommends the development of brackish and reclaimed sources for this additional capacity. Furthermore, SFWMD goes on to recommend a technical study of the availability of groundwater sources well in advance of need. Jamie French was advised back in December 2007, that AMUC was hiring a hydrogeological consultant to start Ms. Carolina Valera July 18, 2008 Page 2 such a study in 2008. We have started the study, albeit a bit later than anticipated, and have just completed an aquifer performance test and part of the analysis. The Company is a couple of months away from completing the overall evaluation of its water resources. The Department of Community Affairs (DCA) ORC report noted a potential water source deficit by 20]3 and that AMUC did not provide any planning strategy demonstrating how it will meet the needs within the planning horizon. The Company is studying and planning for this right now. Since our CUP expires in 2011 (well before any potential deficit), AMUC will be required to renew/modify the pennit before this expires. At that time, we will seek additional capacity from water resources identified in our study. We previously advised you as far back as March that we have only recently begun service at Ave Maria and have a relatively small number of customers at this time. Customer consumption patterns are only just emerging and sound engineering practice calls for the use actual consumption rates versus "textbook" rates in water supply planning. We continue to collect and analyze this information to support our study. Therefore, this is our strategy for understanding and meeting the needs within the planning horizon. The Company and its representatives cooperated with the County with regard to the October 2007 Plan Draft, the DCA comments and other infonnation. Now the Company has spent time and commented on the December 2007 Plan Draft. The Company's operating expenses, and resulting rates and charges, are designed to cover certain regulatory compliance and permitting activities before the Department of EnvirorunentaI Protection, South Florida Water Management District and the Collier County Water and Wastewater Regulatory Authority. This does not include any compensation for work performed in assisting the County development of its Water Supply Plan. Based on your insistence that the Company participate in this process, we expect the related costs will be considered prudent and recoverable in future proceedings before the County's Regulatory Authority. If you disagree, please advise. In the meantime, should you have questions regarding this matter, please do not hesitate to contact me. S([elY, ~ 'ilohn RCJ lins For th~'!r: cc: David Genson, P.E. Mr. Randall Cohen Mr. James C. French Rose, Sundstrom & Bentley, LLP 2548 Bllllrstone Pines Drive, Tallahassee, Florida 32301 Correspondence between Collier County Government staff and OTUC (- valera c From: -_. 'ient: ro: Cc: Subject: vaiera c Wednesday, July 02, 2008 9:37 AM sglale@aol.com; KRetallick@orangetreeassociates.com Cohen Randall; FrenchJames; GramatgesPhil; Sciandra, Jason; tbengts@sfwmd.gov; jjackson@sfwmd.gov FW: 10-Year Water Supply Facilities Work Plan - OTUC information request This correspondence is to let you know that in the next two weeks, Collier County (and COM) will be finalizing the update of the 10-Year Water Supply Facilities Work Plan that will be presented to the Collier County Planning Commission (CCPC) on August 19th for their comments; to the Board of County Commissioners (BCC) on September 23rd; and soon afterwards to the Department of Community Affairs (DCA) as part of the adoption schedule to incorporate the Plan into the County's Growth Management Plan (GMP), as required by Florida Statutes. Accompanying this updated plan, is a response letter to DCA's comments to the first draft that was sent last year. As we requested before, we would like for vou to comment and make anv correction that vou believe necessarv to the information that the County is supplying to DCA in regard to OTUC. Please note that the comments generated by DCA mirror those that were provided by South Florida Water Management District (SFWMD) as this agency is a key reviewer of this State requirement. CAROLINA VALERA Principal Planner Comprehensive Planning Department Community Development & Environmental Services Collier County Government T: 239.252.8498 F: 239.252.2946 ( ~ From: Sent: To: Cc: SUbject: valera_c Tuesday, May 20, 20084:29 PM 'sglale@aol,com' CohenRandaU lO-Year Water Supply Facilities Work Plan - oruc information request Mr. Lowite. Thank you so much for taking the time to talk to us yesterday. As Randy Cohen mentioned to you, we would appreciate you forward this request for information to the appropriate person in your team. As a background, the Florida Statutes requires that a 1 O-Year Water Supply Facilities Work Plan be included (adopted) in the Collier County's Growth Management Plan (GMP). Said plan is reviewed by a myriad of State agencies headed by the Florida Department of Community Affairs (DCA), of which, in this particular process, the South Florida Water Management District (SFWMD) is a key advisor (and reviewer), as the plan must be based in the SFWMD's Lower West Coast Water Supply Plan. A plan was forwarded to DCA and other State agencies (including SFWMD) in September 2007. After review of said plan, DCA sent Collier County their comments in November of 2007 (see attached "Official ORC letter). Most comments mirror the comments that SFWMD's staff forwarded to DCA. We are in the process of finalizing our plan for adoption. We would like you to please read our draft 1 O-Year Water Supply Facilities Work Plan, DCA's comments in regard to OTUC, and the County's response letter to address their letter. Please review and comment and provide us with your 10-Year plan. We will revise any information you need us to in regard to OTUC. Please note that the information that the County is forwarding to DCA and the SFWMD will be part of the County's GMP, and may affect OTUC's current and future permitting with SFWMD. - 1elow is the previous correspondence: 1 I would very much appreciate your help in addressing the comments from the Department of Community Affairs (DCA) in regard to their review of the County's proposed 10-Year Water Supply Facilities Work Plan that is required by Section 163.3177(6)(c) of the Florida Statutes. As to the Orange Tree Utility Company (OTUC), DCA had the following comments: 1...The Orange Tree Utility Company (OTUC) currently operates a consumptive use permit that authorizes l mgd and expires in 2009. The water analysis for OTUC indicated that it would incur a water supply deficit by year 2012. However, it did not provide any planning strategy such as alternative water supply projects to demonstrate how it will meet the needs within the planning horizon. ...Therefore, the amendment is inconsistent with the following provisions: Sections 373.0361 (2)(a); 1633177(4)(a); 163.3177(6)(c); 187.201(25)(b) 5 and 7, Fiorida Statutes; Rule 9J- 5.011(2)(b) and (c), Fiorida Administrative Code. Recommendation: Revise the Water Supply Work Plan to be consistent with the South Florida Water Management's Lower West Coast Water Supply Plan, 2005-2006 edition. The sources identified in the Work Plan must be demonstrated to have sufficient water to meet the projected needs of the County, including the needs for all independent water districts. The Water Supply Work Plan for the County should utilize the alternative water sources identified in the South Florida Water Management's Lower West Coast Water Supply Plan, 2005-2006 edition, such as the use of brackish water sources and aquifer storage and recovery. 2...lnconsistency with Comprehensive Plan: The proposed potable water level of service standards for the Orange Tree Utility Company, the Florida Governmental Utility Authority, and the Immokalee Water-Sewer District are not consistent with the adopted level of service standards within the County's comprehensive plan. Policy 3.1, of the Potable Water Sub-Element, indicates that all three independent potable water supply districts have a level of service standard of 100 gpcd; however, the Orange Tree Utility Company proposed 60 gpcd, the Florida Governmental Water District proposed 173 gpcd, and the immokalee Water-Sewer District proposed 182 gpcd. The County did not include a text amendment to Policy 3.1, of the Potable Water Sub-Element to revise the adopted level of service standards for these water districts. In addition, no data and analysis was presented to support the changes to the level of service standard especially an analysis of how increasing the level of service standard would promote the conservation of the water resource. Therefore, the amendment is inconsistent with the following provisions: Sections. 163.3177(2) & (4)(a); 163.3177(8), F.S; and Rules 9J-5005(2), (3), (5); 9J-5.006(4)(a); 9J-5.006(2)(a), FAC. Recommendation: Revise the 10-Year Water Supply Plan to be consistent with the County's comprehensive plan by either revising Policy 3.1 of the Potable Water Sub-Element and any other appropriate policy to change the level of service standards for the Orange Tree Utility Company, the Florida Governmental Utility Authority, and the Immokaiee Water-Sewer District to those used in the Work Plan; or change those level of service standards used in the Work Plan to be consistent with the level of service standards that are established in Policy 3.1 of the Potable Water Sub-Element. If the County wants to establish different level of service standards for the independent water use districts, include the data and analysis that supports the standards and how they promote the conservation of the water resource. The following is the County's proposed response to DCA in regard to the above comments: To comment NO.1: For privately held or investor owned utilities in Collier County not covered by this Plan... ...For IWSD, Collier County Regulatory Staff has no regulatory authority over this utility. ...Information requests to each of the utilities were made by County Regulatory Staff and/or Comprehensive Planning Staff to those in responsible charge of each utility and the information received was incorporated into the Plan. Each utility was given a copy of the draft version of the Plan and allowed the opportunity to provide comments, prior to the report being submitted to DCA. The report submitted was provided to the responsible charge for each utility. 2 Additional information requests continue to be made as a result of the ORC report, but early indications from the utilities are that Master Planning efforts for the current 5 year window are on- going and will not be completed prior to the County's planned submission of the revised Plan. To comment NO.2: ....According to Policy 3.3 of the Potable Water Sub-Element, "The Level of Service Standards contained in Policy 3.1 are the minimum criteria for replacement, expansion or increase in capacity of potable water supply facilities." Further Objective 3 states, "Pursuant to Chapter 163.3202, F.S., including any amendments thereto, Collier County has implemented procedures to ensure that at the time a development ord~r is Issued, potable water facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan." By selecting LOSS greater than the LOSS identified in Policy 3.1 FGUA and IWSD are guaranteeing that they will meet Objective 3 when development Orders are brought forward in their service areas. The 60 gpcd LOSS selected by OTUC reflects the fact the utility only provides for the potable water needs of its customers. Irrigation needs are met via individual well and community irrigation systems that are supplied by on-site lakes. Collier County does not have the authority to force these utilities to adopt the LOSS in Policy 3.1. Rather the LOSS are a guide by which Collier County can determine the concurrency of future development proposed in the service area of each utility. A copy of Collier County Ordinance 96-6, as amended, by which private and investor owned utilities are regulated by the Collier County Water and Wastewater Authority will be attached as exhibit to this revised Plan. DCA has agreed to work with the County and postpone the submittal of the revised 10- Year Water Supply Facilities Work Plan, so as to resolve consistency issues with the County's Capital Improvement Element (CIE) of the Growth Management Plan. I would like to know if the OTUC would like to add or revise their data and analysis contained in the revised 10-Year Water Supply Facilities Work Plan. Most notably is the following statement on pages ES-7 and 6.3 of the revised document: ( "Under the population projections presented, the improvements planned by the orue for the lO-year planning period are sufficient to meet the demands of the service area. However, the allocation of the underlying CUP (11-00419-W) does not cover the withdrawals required to make the finished water demanded in 2012." Please note that the County is in the process of revising its CIE. The revised CIE will be submitted concurrently with the revised 10-Year Water Supply Facilities Work Plan. The County does not intend to revise the existing LOSS of 100 gpcd for the OTUC in the CIE, unless the OTUC would like to revise this number. Please let us know as soon as possible. I have attached the previously forwarded document and letters for ease of review. Your timely response is appreciated. ~ -m ~ Official ORC letter Collier County Response to DCA (DCA).pdf la-Year Water 5... ORC Report-Com... Thank you again, CAROLINA VALERA Principal Planner Comprehensive Planning Department Community Development & Environmental Services Collier County Government T: 239.252.8498 F: 239.252.2946 3 LAw OFFICES ROSE, SUNDSTROM & BENTLEY, LLP 2548 BWRSTONE PINES DRIVE TALWlASSEE, FWRlDA 32301 lRjCK L. AsCHAUER, JR. ,.; H. BENIlEY, P.A. ~8:urr C. BRANNAN F. MARsHAll DETERDING JOHN R. JENKINS, P.A. KYLE L. KEMPER Snvu; T. MlNDUN, P.A. CmslTY H. Q'STUN DAREN L. SHIPPY WIUIAM E. SUNDSTROM, P.A. DIANE D. TREMOR, PA. JOHN L. WHARfQN (850) 877.6555 FAX (850) 656-4029 www:n;battomeys.com CENTRAl.. FLORIDA OFFICE SANlANDO CENTER 2180 WEST STATE ROAD 434 SUITE 2118 LONGWOOD. FLORIDA 32779 (407) 830.6331 FAX (407) 830--8522 ROBERT M. C. ROSE, (1924-2006) July 25, 2008 MAImN S. FRIEDMAN, P.A. BRlAN J. STREET Ms. Carolina Valera Principal Planner Comprehensive Planning Department Community Development and Environmental Services Collier County Government 2800 N. Horseshoe Drive, Suite 400 Naples, FL 34104 CHRISTL4.N \'v. MARCEW, OF COUNSEL (LICENSED IN NEW YORIC ONLY) Re: Orange Tree Utility Company Collier County 10- Year Water Supply Plan Our File No.: 38037.01 Dear Ms. Valera: We are in receipt of your email dated July 9 to Steve Lowitz, among others, regarding the County's IO-Year Water Supply Facilities Work Plan. The legal necessity to provide requisite information for the Collier County IO-Year Water Supply Facilities Work Plan as suggested in your email has not been identified. If you would, please provide us with the basis for this requirement at your earliest convenience. Attached please find a letter dated September 24, 2007 to James French of the County staff providing detailed information in support of the Collier County 10 Year Water Supply Facilities Work Plan. The information included a history of the service area, population demand projections, existing water supply facilities, planned water supply, facilities capacity analysis, conservation practices and capital improvements. I am providing this both to be sure you have received this information as well as to confirm that the Company has been working with the County in its effort to develop the 10 Year Water Supply Work Plan. At this point, it may be necessary to update certain of this information. In addition to asserting a necessity for the Company to provide you with information for the Water Supply Facilities Work Plan, you further state that if the County's Work Plan is not found to be in compliance, it is most likely the result of the Company's failure to respond. Based on these statements, it seems reasonable to conclude that the County is making it a legal requirement for the Utility to develop a 10 Ms. Carolina Valera July 25,2008 Page 2 Year Water Supply Plan to supplement the County's comprehensive planning efforts. The Company's operating expenses, and resulting rates and charges, are designed to cover certain regulatory compliance and permitting activities. To date, no cost recovery is built into rates to compensate for work performed in assisting the County in development of its Water Supply Plan. We now expect the related costs will be considered prudent and recoverable in future proceedings before the County's Regulatory Authority. We have been in contact with Mr. French in this regard. If you disagree with this conclusion, please advise. The Company will follow up with you and other County representatives regarding the timeframe and level of detail. However, we would like some confirmation that this effort to develop information and comply with the County's requirements is consistent with your expectations. U (leO~ cJ JOhn0t~ins For the Fihn cc: Mr. Steve Lowitz Ms. Kim Retallick Mr. Randall Cohen Mr. James C. French Rose, Sundstrom & Bentley, LLP 2548 Blairswne Pinl."';5 Drive, Tallahassee, Florida 32301 24 September 2007 Mr. James French, Director CCWWAA 2800 North Horseshoe Drive Naples Florida 34104 RE: Collier County Public Water-Sewer District 10 Year Water Supply Facilities Work Plan Dear Jamie: Pursuant to your request to provide information pertinent to our exis . Area, we have provided you with the following infonnation. The format was copied from the 10 Y ear Work Plan prepared ilities and Franchise Section 2: WATER SERVICE AREAS 2.2 Individual Utilities and Systems 2.2.7 Orange Tree Utility Co. Inc (0. .V.) O.T.V received a PSC Certificate to opera and since then OTU bas served the Orangetree POD, which is 2798 acres. In . ling and customer service became regulated by Collier County Department of . ation. In 1998, OTV began servicing School Board facilities which now i Corks lementary, Corkscrew Middle, and Palmetto Ridge High School. In 1999, 0 ranchise ea Was e"j'anded to include the Estates of TwinEagles, specific connections alon 3'd Ave NE, and 33' Ave NW which are located with CCWSD service area. In 2006 Orang som Ranch PUD was annexed into the O.T.V Franchise area. 3.2 ted 9 miles East ofI-75, as depicted in Figure 2-1. N AND DEMAND PROJECTIONS dividual Utilities and Systems 3.2.4 Co Inc (OTU.) The projected populations for the areas served and to be served within the existing O.T.U. Franchise area. Population is illustrated per five (5) year increments through 2012. Table 3-18 Year 2005 2008 2012 Served Area 2,631 5,700 9,500 Population * Population based upon actual connections and forecasted connections per Developer Agreements OTU Loss includes operations standards and a per capita water demand standard of 60 gpcd. Based upon the loss of 15 gpcd and the population projections presented in Table 3-8 presents the projected served population and demand for O.T.U in a five(5) year increments through 2012. Demand is provided as both Annual Average Daily Demand in (MOD) and Maximum Month Demand also in (MOD). Maximum Daily Demand is determined by multiplying the Annual Average Daily Demand by a peaking factor, which in this case is 1.2 Section 4: EXISTING WATER SUPPLY FACILITIES 4.4 Orange Tree Utility Co Inc (OTU) 4.4.1 Water Supply Pennits O.T.U has one CUP for potable water supply as detailed' 6 Table 4.18 * note fi re 4-9 is incorrect, the informa . Consumptive Aquifer # of Expiration Use Permit Permitted Date Wells 11-00419-W LT 4.4.2 , I , 4.4.2.1 Well Fields 1l/1I/2009 313 37.7413 Potable Water Facilities ovided within Table 0(2) additional wells are constructed and will be put Table 4-19 Permitted wells as Well # A uifer PWI 7037 LT PW 27038 LT PW 3 160569 LT PW 4 160571 LT PW 5 160572 LT PW 6106573 LT Ca aci 300 300 300 300 300 300 12 12 12 12 12 12 In addition to identifYing the design, the amount of RAW Water required to produce the design capacity is also provided see below Table Table 4-20 Facility Design RAW Water RAW Water Source Traditional/ Name Capacity Requirement (MDO) Alterative (MOD) om WTP .75 .94 LT Traditional (Fresh) Total .75 <- '-"^" > r.,/~'" ',q., '-'''<;0''- ,~~- ~;>-.~:,:',~:_"_:i_l. ,<~::. ..., , ';" , "'~ , "if. t- ",J-i t' , ,F , ~'v.._'" M. - _. :'^..,~ " ,-" . -,...~,~ ,_ ".'l""., ~,_-_.. " 4.4.2.3 Pumping, Storage, and Transmission OTU Ground Storage Tank has capacity of .750 MG. * note the area shown in 4-9 is incorrect, it represents FGUA Table 4-21 Water Storage available in O.T.U system. Facility Name Tank Volume (MG) Usable Storage Volume (MG) OTU WTP .750 .732 Total .750 .732 4.4.3 Reclaimed Water Facilities OTU WTP does generate reuse/reclaimed product. This resource is land applied within the Franchise area. OTU WWTP permitted capacity is .350 MGD. Section 5: PLANNED WATER SUPP to l.l MGD. Partial forecasted for January 2008. 5.4.1.1.1 OTU WWTP operates RIB. OTU does n OTU is currently expanding capacity a completion, bringing capacity from .350 Final completion will be August 2008. OTU is prepared to enter into a WfP expansion bring the permitted capacity from .750 MGD to 1.5 MGD. The preliminary plans have been pre by the Engineer of Record for the Utility. OTU will present the pennit for expansion with' 008. This will allocate ample capacity to urrent population to the forecasted connections set forth by 2012. CAPACITY ANALYSIS Se 6.4 'Iity Co Inc (OTIJ) Table 6-5 shows analysis for OTU from current to 2012, when it is proposed to be taken over by CCWS s presented in Section 5.4, there are significant improvements planned to continue to provid eeded services to the franchise area in which OTU serves. Current data shows whereas the OTU has ample accessibility to RAW Water to service the forecasted population. The WWTP Expansion shows ample capacity to service forecasted connections up to the 2012 deadline. Table 6-5 Year 2005 2008 2012 Service Area 2631 5700 9,500 Population Demand Per Capita 60 80 85 Annual Average Dailv .158 .485 .807 Demand GD) Available Facility .592 .265 .693 Capacity Surplus (MGD RAW Water .198 .606 1.0 Re uirements Permitted Amount .75 .75 1.5 proposed (MGD Annual Avera e) Permitted Surplus 10% 10% 10% (Deficit) (MGD) Section 7: CONSERVATION REGULATION 7.4 Orange Tree Utility Co Inc COTV) The conservation plan implemented by OTU is described by the consumptive use follows, but is not limited to: . Permanent Irrigation Ordinance' enforces all watering restrictions as they are made known. This includes the Distri datOl)' Year Round landscape irrigation measures for Lee, Collier, and Ch ties (Chapter 40E-24, F.A.C) . Xeriscape Ordinance; OTU highly use of Xeriscape landscaping in its service area to help reduce the need g. . Ultra Low Volume Plumbing Fixture ce: It 1 policy of OTU that low volume plumbing be installed in all new service nnections, ill accordance with the State/County Building Code . Water Conservation Rate Structure: OTU i e process of developing a conservation based rate structure for future use, with ap val of CCWW A . Le rogram OTU will repair any system leaks brought to its attention in a will also review usage for detection of major leaks. rdinance: OTU requires all irrigation systems to have rain sensors n sprinkler installations. . cation Program OTU will distribute and place on it's web site information as it is made available by government agencies. . tewater is being reused as a source for residential irrigation ourse irrigation application. Section 8: CAPITAL IMPROVEMENTS 8.4 Orange Tree Utility Co Inc (OTV) Water Proposed .750 2008 RAA Funded TBD MGD Sewer Current .3 5 0- 2007 RAA Funded 2.6 Million l.IMGD COlliER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Potable Water Sub-Element Prepared for COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Adopted October, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Potable Water Sub-Element Symbol ** DATE AMENDED October 28,1997 October 22, 2002 February 11, 2003 June 19,2002 September 10, 2003 June 7, 2005 January 25, 2007 ORDINANCE NO. Ordinance No. 1997-57 Ordinance No. 2002-54 Ordinance No. 2003-07 ***Ordinance No. 2002-32 Ordinance No. 2003-44 Ordinance No. 2005-25 *'**Ordinance No. 2007-10 (I) (II) (III) (IV) (V) (VI) .... Based on 2004 EAR, Evaluation and Appraisal Report ... The above Ordinance No. 2002-32 was adopted on June 19, 2002. However, due to legal challenges, it did not become effective until the Florida Department of Community Affairs issued its Final Order on July 22, 2003. .. This is the EAR-based amendment (1996 EAR). Due to the magnitude of the changes _ which included reformatting the entire Element, affecting every page of the Element - a Roman Numeral is not assigned. . Indicates adopted portions Note: The support document was completely updated with the adoption of Ordinance No. 2003-44. That update was prepared by Greeley and Hansen, Consultants to the Collier County Public Utilities Engineering Dept. The support document will continue to be updated as current information becomes available. (VI) = Plan Amendment by Ordinance No. 2007-10 on January 25,2007 ( (VI) I. INTRODUCTION The purpose of the Potable Water Sub-Element is to provide for the health and safety of the residents of Collier County by ensuring adequate potable water supply and distribution facilities that are cost-effective and environmentally sound. Such facilities may be provided through the Collier County Water-Sewer District, private utilities, other public utilities that operate within portions of the unincorporated County, or (in certain areas) private supply wells. In addition to the supply and distribution of potable water for residential and commercial purposes, the Potable Water Sub-Element also contains provisions related to establishment of new potable water sources, water conservation, and irrigation. (VI) = Plan Amendment by Ordinance No. 2007-10 on January 25,2007 1 Goal, Objectives and Policies Potable Water Sub-Element GOAL: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE POTABLE WATER FACILITIES AND SERVICES. (IV)(VI) OBJECTIVE 1: The County shall locate and develop potable water supply sources to meet the future needs of the County owned and operated systems, said supply sources meeting the minimum Level of Service Standards established by this Plan. The development and utilization of new potable water supply sources and the acquisition of land necessary for such development shall be based upon the information, guidelines and procedures identified within the County's Ten-Year Water Supply Facilities Work Plan (as updated annually), the Collier County Water-Sewer Master Plan, and the Lower West Coast Water Supply Plan prepared by the South Florida Water Management District. (IV)(VI) Policy 1.1: The County shall continue to expand the ASR (Aquifer Storage and Recovery) system as a potential emergency and seasonal potable water source. (VI) Policy 1.2: The County shall continue to implement a program for the protection of existing and potential potable water supply sources. ,- " ")(VI) Policy 1.3: The County shall continue to identify sufficient quantities of water sources to meet the County's estimated growth-related needs. Potential water sources to meet the County's 2025 water demands include raw water from Hawthorn Zone I Aquifer (Intermediate Aquifer System) and Lower Hawthorn Aquifer (Florida Aquifer System), identified within the County's 2005 Water Master Plan. The County shall use these water sources as well as alternative sources, as permitted by the State, to meet the County's needs. (VI) Policy 1.4: The County shall coordinate with the South Florida Water Management District and other regulatory agencies in implementing effective linkages between growth management and water planning. (VI) Policy 1.5: The County shall coordinate with the South Florida Water Management District in the development of the Water Master Plan Update, which is the primary planning document for the Collier County Water-Sewer District. (VI) Policy 1.6: The County shall coordinate with the South Florida Water Management District to produce future plans for water supply as described within the Water Master Plan Updates that ensure the County's ability to maintain its stated Level of Service standard. (VI) = Plan Amendment by Ordinance No. 2007.10 on January 25,2007 2 (I)(VI) III)(IV)(V)(VI) ( (VI) Policy 1.7: The County shall reference the water supply guidelines of the most current version of the South Florida Water Management District's Lower West Coast Water Supply Plan in developing any future required Water Supply Facilities Work Plan. OBJECTIVE 2: The County shall implement the following policies to make certain that public and private sector potable water service utilities provide, repair and/or replace potable water supply, treatment and distribution facilities to correct existing deficiencies in their respective service areas as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector potable water service utilities shall be expanded as necessary to provide for future growth, as provided for in the following policies. (VI) Policy 2.1: The Collier County Water-Sewer District shall continue the development of a Collier County Regional Potable Water System consistent with the Capital Improvement Element and the Collier County Water-Sewer Master Plan to correct existing deficiencies and provide for future growth. Policy 2.2: Consistent with the growth policies of the Future Land Use Element of this Plan, provision of central potable water service by the County is limited to the service areas shown in this Plan and depicted on the Collier County Water District Boundaries maps (Figure PW-1 and Figure PW-1.1); the Existing and Future Potable Water Service Areas maps (Figure PW-2 and Figure PW-2.1), which includes the Rural Transition Water and Sewer District; and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, the County may serve Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay at the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series. Within the Rural Lands Stewardship Area Overlay: Hamlets and those Compact Rural Developments one hundred (100) acres or less in size may be served by central potable water facilities; Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size are required to be served by central potable water facilities; and, Compact Rural Developments one hundred (100) acres or less in size may be required to be served by central potable water facilities, depending upon the permitted uses within the Compact Rural Development. These facilities may be provided by the private sector, an independent water authority, or some other non-County utility. For the purposes of this policy and policies 2.4, 5.1, and 5.3, within the Rural Lands Stewardship Area Overlay, the term "central potable water facilities" includes decentralized community treatment systems. Innovative alternative water treatment systems such as decentralized community treatment systems shall not be prohibited by this policy provided that they meet all applicable regulatory criteria. (VI) Policy 2.3: The Collier County Water and Wastewater Authority (Authority), established by County Ordinance Number 96-6, regulates the operations of private sector potable water treatment (VI) = Plan Amendment by Ordinance No. 2007-10 on January 25,2007 3 utilities that provide potable water supply services to portions of unincorporated Collier County. All such private sector potable water supply service providers are required to meet the County's adopted potable water treatment Level Of Service (LOS). All private sector potable water supply service providers shall file an annual statement with the Authority that provides current operating information regarding the private sector service provider, including, but not limited to: a statement of current policies and service criteria, the LOS maintained by the service provider and whether such level of service meets the County's LOS Standard for potable water treatment. The annual report shall also document any necessary or projected facility expansion and/or replacement projects that are required to correct observed deficiencies. III)(IV)(V)(VI) Policy 2.4: Collier County shall permit development of potable water supply systems as follows: within the Designated Urban Areas of the Plan, including the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the areas depicted on the Collier County Water District Boundaries map (Figure PW-1); within the Existing and Future Potable Water Service Areas map (Figure PW-2), which includes the Rural Transition Water and Sewer District; in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay; and, in areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. For lands located within the Collier County Water-Sewer District, but in which County water service is not currently available, non- County potable water supply systems shall only be allowed on an interim basis until County service is available. Individual potable water supply wells may be permitted within the areas depicted on the Collier County Water District Boundaries map (Figure PW-1) on an interim basis until County water service is available; individual potable water supply wells may be permitted in all Urban designated areas outside of the areas depicted on Figure PW-1 on an interim basis until a centralized potable water supply system is available; individual potable water supply wells may be permitted in the Rural Transition Water and Sewer District, depicted on the Existing and Future Potable Water Service Areas map (Figure PW-2), on an interim basis until County water service is available; individual potable water supply wells may be permitted in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized, on an interim basis until County water service is available; and, individual potable water supply wells may be permitted on lands outside of the Urban designated areas, outside of areas depicted on Figure PW-1, and outside of Towns, Villages and those Compact Rural Developments greater then one hundred (100) acres in size within the Rural Lands Stewardship Area Overlay - all areas where potable water supply systems are not anticipated. However, individual potable water supply wells mayor may not be permitted within Compact Rural Developments one hundred (100) acres or less in size, depending upon the uses permitted within the Compact Rural Development. Also, in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size, potable water supply wells are allowed to serve no more than 100 acres, on an interim basis only, until central service is available. (VI) = Plan Amendment by Ordinance No. 2007-10 on January 25,2007 4 (IV)(VI) Policy 2.5: The County shall continue enforcement of ordinances requiring connection of existing and new development to central potable water systems when they become available. Connections to a central system shall be made pursuant to Collier County Ordinance 01-73, adopted December 11,2001. (IV)(VI) Policy 2.6: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Coilier County Water-Sewer District, water service shall be connected to the regional system, and internal facilities shall be conveyed, when acceptable, to the Collier County Water- Sewer District for operation and ownership in accordance with Collier County Ordinance 01-57, adopted October 23, 2001, or its latest revision, and District construction and operating policies. (VI) OBJECTIVE 3: Pursuant to Chapter 163.3202, F.S., including any amendments thereto, Collier County has implemented procedures to ensure that at the time a development order is issued, potable water facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. (IV)(VI) Policy 3.1: The following Level of Service Standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: Review of the historical ratio of residential to non-residential demand indicated that approximately 17% of the total water usage is non-residential. Thus the residential demand is 154 gcpd and the total tinished water demand is 185 gpcd. FACILITY CAPACITY (VI) FACILITY/SERVICE AREA (IV)(VI) Collier County Water-Sewer District Goodland Water District Marco Island Water District Marco Shores CITY OF NAPLES FACILITIES Unincorporated Service Area EVERGLADES CITY FACILITIES Unincorporated Service Area LEVEL OF SERVICE STANDARD 185 gpcd (IV) (IV)(VI) 185 gpcd (IV)(VI) 185 gpcd (IV)(VI) 185gpcd 185 gpcd (VI) INDEPENDENT DISTRICTS (VI) Orangetree Utilities 100gpcd (VI) Immokalee Water and Sewer District 100gpcd (VI) Florida Governmental Utilities Authority 100gpcd (VI) = Plan Amendment by Ordinance No. 2007.10 on January 25,2007 5 (VI) Policy 3.2: In order to ensure that the Level of Service Standards contained in Policy 3.1 are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. (VI) Policy 3.3: The Level of Service Standards contained in Policy 3.1 are the minimum criteria for replacement, expansion or increase in capacity of potable water supply facilities. (VI) Policy 3.4: The County will annually review historical potable water demand records and adjust the Level of Service Standards contained in Policy 3.1 if so indicated by the annual review. (VI) OBJECTIVE 4: The County shall continue to promote conservation of potable water supplies by developing and implementing an integrated, comprehensive conservation strategy which will identify specific consumption per capita goals. (VI) Policy 4.1 : The County shall negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where such treated effluent is available from existing and future wastewater treatment plants. (VI) Policy 4.2: The County shall continue to connect existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks, and highway medians when economically feasible. (VI) Policy 4.3: The County shall continue to connect existing and future privately owned lands suitable for irrigation with treated wastewater effluent, such as cemeteries, nurseries and commercial/industrial parks when economically feasible. (IV)(VI) Policy 4.4: At such time as a source of treated effluent becomes available, the County shall permit the construction and connection of dual water systems (i.e., separate potable water and treated wastewater effluent networks) to the County's treated effluent irrigation system in new subdivisions, provided that said connection causes no adverse impact to the potable water system. (IV)(VI) Policy 4.5: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water-Sewer District, and where such districts make provisions for irrigation via dual systems utilizing effluent and/or other irrigation sources, said systems shall be connected to the regional system when available, and all internal irrigation systems shall remain in private ownership and be master metered by the County. (VI) = Plan Amendment by Ordinance No. 2007-10 on January 25,2007 6 (VI) Policy 4.6: The County shall promote the use of xeriscape techniques (drought resistant landscaping) to minimize potable water use for landscape irrigation. (IV)(VI) Policy 4.7 The County shall seek to expand the availability of irrigation water from supplemental sources through connection of such sources to the County's reclaimed water system. (VI) OBJECTIVE 5: The County shall discourage urban sprawl and the proliferation of private sector potable water service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. ( (1)(1I)(1II)(IV)(V)(VI)Policy 5.1: The County shall discourage urban sprawl by permitting universal availability of central potable water systems only: in the Designated Urban Area, in Receiving and certain Neutral Lands within the Rural Fringe Mixed Use District, in the Designated Urban-Rural Fringe Transition Zone Overlay, and in the Rural Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water District Boundaries on Figure PW-1 of the Potable Water Sub-element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; or within the Rural Transition Water and Sewer District Boundaries on Figure PW-2 of the Potable Water Sub-element; or in Sending Lands within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is utilized; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet, and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. (IV)(VI) Policy 5.2: The County shall discourage urban sprawl and the proliferation of private sector and/or package potable water treatment systems through the development order approval process to ensure maximum utilization of the existing and planned public facilities. No existing private sector or potable water treatment systems shall be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all FDEP permits. (I)(VI) Policy 5.3: As provided for in the Rural Lands Stewardship Area Overlay, and in Policies 2.2 and 2.4 of this Sub-Element, central potable water systems are permitted in Towns, Villages, Hamlets, and Compact Rural Developments. Though not anticipated, it is possible that central potable water system distribution lines may extend through lands not designated as a Town, Village, Hamlet or Compact Rural Development; in such instance no properties designated other than as a Town, Village, Hamlet or Compact Rural Development is are permitted to connect to these distribution lines. (VI) = Plan Amendment by Ordinance No. 2007-10 on January 25,2007 7 (III)(IV)(VI) Policy 5.4: Under criteria, projects may be eligible for central potable water service from Collier County Utilities, or a private sector/independent district, within the Rural Transition Water and Sewer District, depicted on the Existing and Future Potable Water Service Areas map (Figure PW-2) of this Potable Water Sub-element, subject to availability. Qualifying criteria shall be limited to the requirements and incentives established in the Future Land Use and Conservation and Coastal Management Elements of this Plan to obtain preservation standards established for environmentally sensitive lands in the Sending Lands of the Rural Fringe Mixed Use District (RFMUD). Criteria for potable water service eligibility may include, but are not limited to, plans for development, which utilize creative planning techniques such as clustering, density blending, rural villages, and transfer of development rights (TDRs) from RFMUD Sending Lands. Criteria for eligibility may be amended and additional Sending and Receiving Lands may be designated in the future. Central Potable Water distribution lines, within the Rural Transition Water and Sewer District, may extend through Sending Lands; however, no properties designated as Sending Lands are permitted to connect to the distribution lines. (VI) = Plan Amendment by Ordinance No. 2007-10 on January 25,2007 8 Ii 25 ( ." , II 27 [ t FIGURE PW-1 --- """',""" ~ \lP~~~ or . 7JTn:=FH! +-~ \~jl~ -.:!f~~rr_ ,,":-, r-ffi': ., 1-. ~1~~~1 ::r".._ ~'I .. ,,' "", -:1"1,,1 'Qj,. ",,""""('0 >>1 "OM -/" ~-:r!.tc-H C 'c. :I-:.C ; -:- J \rt_.:__.:i.f.I,.I..... ,: .,~l . LJr-.! : : 11-r II ~I'\' .1r:-" t 'J" H I' 1- ~,~,jl ~,lrill/;'~'~'~' . ,.!" .. I ,~~~4 ~:_ +'~ .:U, .. --" I 1'1", ?:f,t./')/ ~'''!'''' " '-'i-:' I" CITY "I(~--d-""Il/~ _ -+-------J 0' 'if',''',!, "/'., , ~ I NAPLESJ_'~~~-;,.,,: :/,,!..-~,' ...;,_ ; 1> .,. "" " " \."?L f,~~L:;; :--,+- I --1-- t~'I;!fli"' ,. >>""" "- ,. , , '2'2 _ _ _ ~~~; I r:>~: - ..I iJ' - /1 Y " ~ . . . . ~ , r' ;; ,,- ~~=~_ CJ ..nDF"'''I.n 0..:'.1 ="r1~r ~ =~~"TY~ ~~"'" n ===-.. 'H_ ;; ",,' " I ,. ... ~ ~ , .~ i I COI.L'[IlCOUNTVCQVEIl_[NT CIlOWl'H .....N...ctIIIElIT Pl...... 2002PU~C:UTlLITI[SEL["[N'T POlAS"'-[WAI'(flSUSELE..[NT ! I COLLIER COUNTY WATER DISTRICT BOUNDARIES .......'" AND MAN..N .... OCTOll[Il2002 Ii 2S E Ii 2li [ R 27 [ Legend Collier County Water Dletrict Boundaries Entity ~"T-:'I ~L....~ City of Naples ~ FGCU Service Area CJ NorthArea .. Northeast Area [=:J Orange Tree r~-:;~,J South Area L__-' Southeast Area FIGURE PW.l.l i.---- - -.. --r--IMMOKAl.EE-RD-E I , " \/ o J ;~~ ~ I w I ~ i ~ ~ ~ CR J.J . I 1 " . " w o < iJ " w > " I ~---~-GOLDEN-GATE BLVDW---+-'~ . -------.-~1-75----_~ " ',,-- US-41_ '~~ J) cafrter County ~ .""," ,.i elf"if ;~i '- , , ,. - ;,. "-.. ," , ,,:~~j COLLIER COUNTY WATERPISTRICT BOUNQ~$ II 2~ E II 26 E II 27 E ......<6-.;. ~A~r ..........-.. -~- _1;01'["'.... .HeE_. __..c ... t .. . . --:~'-:l _::'=- , - ." . I \;;.k ). ...J " ~ ~=] \~: ~X -;.. "'1' . ..;-'..... .~. i "!h'..~.i \,\""~:~'" .. " "II." " " .. "... .. ": ~.., ~~ k ..~" Ie.. 4.. S ; J _.--J~[ :_- \t! ' " " ,"Jr" " I " I " \..=L:.. ': !--~--_4-.~ l.j <: :\:, :H~ -:- "Il; l. \' \~r' ,; :';.; , Ii , ::. ' ,TII":'1'~'T;'~1 l' ' I 1 I k'....~ q~ $ \\~'l"" " r~l. I I" i I . :~4t/ ~3::2" ,,\1 1 ,i I 'F! 1 ~);~/~* .. II: ";;,~",,'~', ',~~,,::I' ",' :'j ~i r;;'~/ ~;'</ lr ':~,_: ~: -- \~ ~~t~ '00,' I.t):' >;;,):- _c-'" -,,"" "' ,. '~~ ;iRi ., :j',;r~~~"" ~ '~-'~... ".': .~ ' -c-H'~ .:: ' ..:- ., i~. "~J~CT~--:,,, t-;+" , " , "i" \~~~.. ,j ~ ~i~~ ,. " ,. J" "'/ f~~~ ~~4~ ~\ ~ .. f,' ,. " " ,,< '/ "I I" !".." " , " , \ \1_..:"",,[, 1~ _'-.- "1_ V,p, . "'" ,...... , i ""rK "- _ ~ J \~S" ?i' . / '1ll' ".... """ """ ....: . "11'" '~'~l~V " " .. "I~~;: 'f'..'i .. ~ ~" " ." " " " ."'",.~" " ''',\h. ", ,. " 10 Z> ,~, \'\\,\~ 311 .. "~," .. '; ~\.'f "'" '-~ 17 ~ ,. ."t 'M! =",' --: /f'~::-:~.~f re' /; \;~'\--,- i: ~ },,,.. \" ..~"' ,) I''-l? I" '~ .. " ,~Y?\, , !In: '. "" !\ "^' ", ( 'hlrL k-- ~\ j .J lLJt';!&rLJfj' ':.,1 &j,j~Jj ~i f'Y _"I&~\:r""'l:G"""fZ\" ) .....".........n... ....'.. .'.,.l FIGURE PW- 2 . . . Jj 1....LJ..:.. -'~. ; I" '. ..1,..+ 1Mi'" , t'-l 1, '" " . !.. I ,. I" " " ;; ;; LfGCHO ~ &:SI ~ G33 I 1:\' j-!" '.. , "" ....... " --. [S'A'U [m:: 5E". tr =-~ * , ~s:-..:.ot -.- ~.,_OS .U._Sl:....<t -. ..... I COlliER COUNTY GOV[ItNM[Nf Gf<<lWlH """'''GEMENT PI."N 2D02PUBUCUTlLlTl(SEl.EYENT f P01AliIl.[....lERSUllElElol[NT , R 25 E EXISTING AND FUTURE POTABLE WATER SERVICE AREAS ....L.y ANIt NAN..... .... OCTOBEII2002 II 26 E R 27 E r- FIGURE PW.2.1 r I IMMOKAlEE'RD E. --~. !I ~ V ;~~ ~"" I' a:: ." ,W : a '" ~-----L ~ ! I \ ~ z z ----~i"'_6 ~ 55 ~ 15 ~ ~ ~ a ~ :5 o " I~r ~ I " '\ -;-' \ caffier County ~ . --I i CR'r-; m " w a ~ " o ffi > w , , T-'- , ! ~ ,------.-------GO'OEN GATE BLVO W' PINE-RIDGE-RDEXT I ~_..., ----~~ -- --- I ! 1-75---~-__. Legend existing and Future Potable Water Service Areas Entity Cily of Naples ~ FGCU Service Area D North Area _NortheaslArea r-=:J Orange Tree [:=.]SouthArea I. - -J SoulheaslArea 'US'41-"" ... "~ (j8~7........... '....--....~ ~~ '1 ~t ~. ~J, -',.'i'" .., .- " EXISTING AND FUTURE POTABLE WATER SERXlI~~~~~~$ J '~~;~i<)', It :l~ E It 26 ( 1t:l1 E t FIGURE PW-3 fl:-: ' +---e-- , ." I I I " 1--- .....::,,~ . ..,. .,.,,'. ,,\.___1 '.},'j '_" r! :J ~~ ., I' ~Jill. ~. \: . '1'~~.~'7'C-~ T ,T, ~~ ~~ ' ',\'",~ ~\~5." " ,,' "Ill" " ...~~" :'" ::,:.~~~~I_r--'-"" " " '..\r..~' ,:_'>~ Xi'. _:.,.1 ,. *>I.r:~ 6~" .. ,. .. ,. ":,' ~ ' ao <<~- . 20 ~0.1 lo~ :.jii ,J ;;;;:::;-:.-'~:' I \\\?\(~ ..~ ".,,} 1!t"' '~j I::_+~'<' _" " "I" " " ' "I '- - "2" '- ',c:li:D:;I::" "~"" '" Z' " I I "_'" "-':~ ""~I,'~"~,,'" "\~ ;, 1. '!!'!!J, A\t:llfTI' ,. .. '"' 1O(u.."",." , ,\" ,->>' ,_12:..\....'_,:'I~_'" .,)0" """". ..,,~J6"'A" ~ ;_0 ".ntLO J ~t~ ;1f'~~.: . !I:~~~'~, . : ~if ~L:, ~ :'m\~J'k 'L . ,~~r ,.,. '''" u.~, '~.'t:.l J 'f'-.i'<""'::7/" .ii"::::':...... ~:T'." .- ~.' ~~~, "\f.\'" iI', //,>: Q'i)" .. '. "1~!..r.T[, .. '1.'1., It. ( fl).?Q j~l/ "i// ,",' .' ~.h" ~,,_SA"o.. ~i~ .'~" ' r~ I / / ~ '-" i" /i'v~. d~~~:" " ., .. ~~ '-":, ",,--::- ij,;0! .'" '//,/ .,:~},~,. J,,~: satj'fP- ,", <'r~r /;/,'. ~f_~~(1 ~>I0 u.n,!LO ~~; ';' ~.:" ~. ~~~!l~ ;+ : ~ --,7 _..-l.#-- .' il" I . 1------ f-- " ! .. .. , .. " .~~ - --- '- , , . . " " " .. .. -'- " " " " , "" ~.,~. N .. -. , f , ~ / /'~ ~~ ,. ~,/ \~f , " "FK'i\!'.. " w " " '" i ''1,;- "T" I " i " ',',".' o? g~~" " ~"100' ~. ". >oJ", " 1,,,*, I ""t;.,.J i ,I 'r;.., =~* ... I .. " I " + ;I, " . -- " , ;; " I .. ;; " " I " \f\ ;,\.J, 'L\,.c ~.-;(.,. ,J'L?"'" \ '.' ""'-- <. ,,0.s, l.~\ ''''\,\ ,.)~ :>>'f ' .. \~.A:;,; !lID' " ....[~lF2 \N7 l~l, .~~t5' ~'[- \ " \ \\\ _<,,' ...'~-. ...,"::.\'~ '." .. ,. "':.1~ ~1:.,.T~.,.".k..".-~......:.....'.'C'...'i.'.. .".. I I/C ) . .~. '2';0. -'."'\ 5~ ,l/, e.. ' , v .!.f -=,,,, c' 1I.v L", \' t., 1:':- ::;~, 17 '!;r' u, ," \"_\~~J \1.5'" ..~.. ",,, .., ::T,1\- 'J.. ".<I' W(" " ' ,j " .." . ." 'JlI'J-f~~~",1 ,J"Ai(\iJl " b' ,," ~:''7''',.:C\'''iJ7",- ( ~, ','i . - " , " .,.~.~~'~. "" :lI;'.G. tpl(,' 'I: ",", . "'="', - r..-.' ..ow. 'T~:;: ~'.-. "- ,,~~/ '~<o,;~ 1, ._:.;.~:'\..+. ~. ';p~ ''''''., ~ :~. "~-.~ ".... ~) ~ __"-,. ........... I:" -,' _1[It_Sl""~ -{- --- -{- --- 1"-- " $>'S1f>I':"'_'_O OCUlll[S ;;:. ~"1[1EI :t:':;lII[&_('!Jf: "''''''''-EO EZ'J ~'~r ~ =.~';*n-~, =~Q"'~ ~1OIl:t:T1lU :=J -.....- ...-- ..~. , ., i :J " -- g[~O"O""OS -.- j I I ! POTABLE WATER TREATMENT AND TRANSMISSION F ACILI TIES COl.~IER COUIIITY GaVE_ENT CIlOWTH MANACEM[NT PLAN 2002 PiJIUC ununES ElEMeNT POTAI\.E WAT(1l SVl!IELEM(NT .......v AND MAN..N ...... OCTOIEll ~002 R 2~ E R 26 E R 27 E TABLE PW-I CAPITAL IMPROVEMENT PROJECTS FY 2003-2022 PIIOJRef DESCRIPTIONS WATER TREATMENT. TRANIMI88ION AND D1STRlBU110N Greeley and HanHn LLP Oetober 2002 Fundl'l"ype PfO/ocI Pra)lct Hame -...... (A) No. Exldna W.ter 411 (Growth Relateet P to Conslruc:l.1nl8rconnectlq aut of lrUnlaction 01 GoodJIfI.Frankand Pine R/dgI and easl of 411160 70040 CitylCounty Interconnect Inlenlectlon of L8k.wood BII/d. And DavIt Blvd. ProjllC! wi( melee prcMslons for the Inte1connllCtlon of otV af\d Countv water..ems In lhl.vtnt of an tlll81QlnCV. 411IGD 70052 ManMee Station Pump Upgrade Upa/ZII pumps and upgta!1e 1r:lI1rumtraIIo:and eontroI of lhti Water Storage Fe~on M8natee Rolel IDm.~arnwlh. New 8-MGD RD Expanllon c 12-MGD lint tofI8nhg SCRWTP. RO...-n. sto...1&nk. 12 new 411/GO 70054 SCRWTP 8 MGD AD Plant and 12MGD Expansion .....81 SUfIPlY WIlls and pu~, 2 cMep /rfIClIOn WIllI. rew ~rplpe 1nM, n.w SCADA...., O&M manuall,WlIl"'!MncIrIsI~'~~andchemlcal.tor1lgII.ygm. ROPlantwllbt 8XDandllbleto20-MGO. . 411/GD 70075 NCRWTP -5 AddIlIonal Braoldsh Wa18r Su 1 Wells Add thrH new FtO. well PI:IIsa 1- DM91 and COflI\rucla 38" del main IIIong lmmokal. Road 'rom CR 86' to QIWlgIIt8e. 411/GD 70093 ImmokaJee Road East 38" WTM Pl:lue 1 . tot. construc;teclwlltllh. told con.IrualIon prtIject.. PhUe 211I cIllIlgn..a canstrucllonola 36' _ter rnUllroml~ Ro.dtotht~NEWTP. 411100 70096 W..r Malter PIM . ^"- 01 W.rM8sl:IK Pf8n 411IGD 70097 SCRWTP12MQD RO ~elconelructlcmd 12-MBDI8V8l'MClemOIlI. atSCFlWTf' 411JGD 70090 Growth _ ntPlan~1e u a wallr subBlemenl of GIOWth- IP*l...,<<ynv. ~. 411/GD 70140 East Central WTM 0 and constn.IcIDn or E.. CIII8I WIW VInIMIBion "*n. 411160 70150 Vanderbilt BHch Road Parallel Waler Main Design and Qlrwltuctian of a pnRftI__trenstIiIIlon lnIh1rorn AIrport Roadto CR 1lS, 411/G0 70151 CA 951 WTM.DavlI Blvd to RatUesnakt Hammock Design and conetructlon.of a 36' waler trInsmIs8lOn main 8!OngCR 951 from ~vls Bol.IIvard IQ RlttllISnW HImmoct Road 411/GO 70152 CR 951 W"J"M..RlttIIsnake Hammock to US 41 Dnlgnanaconatrucllonol a 24" waterlransmlsslon mah along CA 9S11rom AlIIIInnaQ Hammock Road 10 us 41 4111G0 70153 US 41 WTM. South from CR9&1 Onlgn and QOnslructlon 01 a 16' waler mm along US 4' fromCR 951 10 Manatee RoacI 411IGD 70154 Land ACQ'*'Iton for NERWTP (Ora Tree PU~147 0 , 4111GO 70155 Land Acquisition for SEAWTP putd\ue adcIIIonI,j property a~to IldIlIng MenItea Roed PumpJrlg StItIon propelly for nlw WTP. 411/G0 70156 Vandwblll Drive Booster PS ~gn and ConIII\ICtlon for VandefbIr: om'!IooNr PS 411/00 70157 Mana... Road PeMble Water ASR Wills Dulgn andCOl1llln.lllllonor~oIlhI ABR 1111:1. ManIIH Road .... 411/GD 7lllI82 US 41 WM - MenItee to Boyne South Conrltructkm Of waler mU1 at) US 41 lrom ManIIH 10 Boyne SOlJIh, 411/GO 70888 UvIng1ton Road Wider MaIn from Pine Ridge Road to construct a 18' WM alol'lgllYirlgllDnRoed lrom PIne RIdcII Roadtc VIndlrbltBlaell RllIodconcull'll'lt vanderbilt 8e&ch RaId with RoIelprnjeQl. 411/GO 70891 Uvinglton Immokalee-VandeFbilt CclnItruct 18' '!:!! along LJyingIlan Read lrom Vancleltllll e.acl:l Roadto Imm", Rolel concurrwnt 'Il4IhAoacr . 411/GO 70892 SCRWTP 20MGO nlion WeD &i.emem Studv Future waist and ....mlN'll acquldlon 411/GO 0??oo Remole OIIlnfecllon Booar S , dN9I and oonetructlon 01 remotl dIIlnlectlon bOoIktr mIIon5. New Waw411 Pro~ 411/GO W5 VancllHbIft Drive Wa1el Boosl8r Stallon andcon&tnlclnn.....-~pumplniJttaIIon. 411100 W,. NERWTP StUdy, 4nlgn.-ld =~on of new3.0 mgcl WTP (lxpBnclllblll to 15 fnQdl fo 1lIpI8ce IXlsIIng Orange TrM-oIantandSIIW ntIl1newcustorrlll'SlnArMlAanctB. 411/GO W14 SERWTP Slucly, elNfpl and COllIbuctIon 01 Mw3.Dmgd WTP (npandable ~ 15 m:gd) to MMI poI8l'lt111 new CUlto"""" In IOINl aru. and Area O. 411100 .w17 R8t1esnlke HammockS-/12" WTM lJoarade andcOMtluctli.24.W...........CRII61IoUS.1 MlnGRdlNriIlkeHammockRcl 411/GD W29 N.w WeIIIIekI Stu for Proposed NERWTP E-.- poIenII8IWIIIeId Ioc:dcmIn 8dChII ~..... 411/GO W30 New W_ Sllldy for......... SIRWTP EvaIUB P*nIIII MMllclIocdonlII ~ ..,.. pennIlna ...... 411/00 W31 l...and Acaullitlon for NEAWTP WeIIIekI -- for NERWTP WIIIIIId 1OIlNMa...... 411/GD W32 Land nforSERWTPWeIIIeId p- for:SERWTP wIIIlIIIc:l foIowIna.....1tucIy w.ler412 n...a and RePllCernent) ProIecta 412lR,R&E 7002:1 Clean water Act AM Study ~~=lctUN~~atoragI~....t....lmplcalbns~ Intof IomHnQa afacc:tdwall......... GDOdIItte-:F'1w* AcId rour.... ~ (Juct. PinlRIdge Rd. toJct. VandMII: Beech Act) 412/A.R&E 70028 Goodlet18 Ad Wltar Maln Reloce!'12,5DOLFoI24'WMp/ulIWocaIe~I~aIPIIlIlRldgaRd...partoflhl .... 10134. CI8ID. SIt of SylWm Ii'llIpIlo, thl Water and WUlIWaI&l''Oep\a-. To b111.8rad for lol;a1ion of an 412/R,A&E 70033 Water System Mapping f...... AdcIlIonIlfy the l'llaIlI; wi b'llIIad by 1hI PlIED SoctIon In plennlng for luln_elIpOnIIiQn of our$ylllemloUlMlUDwllhanllcj . ConlII'lgIncyJundfol'rwIoca8onolWlllerlTllllnsfOtFDOTprajRtlalvarlDlJlJocdona. US., tolM 412/R,R&E 70045 FOOT Joint -Project Counly lklt;:':". ~~~naQ Hammodr Rll:RaIIesnake Hammock Ad. foC~ 95; and any olberFDOT eaII ~. Rfl:IcaI.-wal8r rn.1na lor FOOT DOrlIllucClon. PoorTlCOlli drawng. and Ul"lfo~ concIIonscl*yed 412fR,A&E 70047 Relocate 20"112' Water Main US 41 conllactor & ~ addIonal WOllt by adcIIIonaIllrIlIItI. AcI6nIIlntlp1Clorls required for 8de:lnII c,.ws.. ThI porl:lOi'Io! th. CountydlpOd that wu J)/'IviWy ~ec1 by FOOT wiO be redlPOSlled 10 CCY"'lhIldlIIkm8Iwo~. ~~mUlIfDfFDOTtonIltuctIon..PoorrecordnwlngS-andunforseenCMllllonsclel'yecI 412/R,R&E 70048 Relocate 12" Water Main U841 contrac\cr & requlrlld aclrlllonal wolll: by ad<lllonal CfVM". AddIIIonaIln$pMllOriS requlred for~" C~. The portklnofthl CounIy~ thalVtU P~reI'unded byFDOTwIlI be redepDIIIMlto covet!heleldlllorllilwor\(. 412/RRIE 70053 County Bam Road W.ter MaIn Relocate RMlIHnu..l~ Rd. to DaVll; Blvd.. ReJocltlon of M'-r mains lor County Sam Ad, w1~. Rd. DmlICl cutlll schecluIed for FY 2001. 412fR.RlE 70D57 Foell AehabUltetlon Rehabaate various ccmponlllllof the NCAWTP, SCAWTP. W'IIIII1d ancllllmOtl atallon.. lOf2 TAILI!PW-I FundfType Pro).ot ProjKt Nam. o..crlption I (A) No. for all customl,.. AdtIIIonally. thltte IW hV8l1ll araas wIhin the DIstrlbullon System where act.qL 412/R,R&E 70058 Distribution Syslem Ret'tebllitatlon flOw IS not iViHabIt due 10 h 110 01 1M mU1sln lhIu areu. TIlle: project ~ COfI'8ct those deftcisnclN, 1$ well.. reh~., number or older fl'lIIers In me System that hIW beooml RIIIoca!. the Waler ~llon Wartlhouu frome rwJdenIiIt I'lIIghbortlOOd. The PNHnt site wu construcleCl.. a IlImJlOfaty "cavta hoUIe. mblnun 0I15emp1oyHa. The CIllfWlleta" II naw 38, 4121R,R&E 70059 Public Utilities Operations Center wIh growlh antIclpmed 10 50 ernpIo)'Nt -.!nlht r'leld !lYe )'Nil. AdalneIy, the warehouN is Incompdtje"lMsUfJOLftlng~Ifl..,..d. Thlsf"~houselheWIlttN'DiIIIIluIIonFacIIy, Watw AGm~oIlIh4.., and Pubic WoIb AdrrJ..Qd.4,. 412/R,R&E 70063 NCWTP Noise Abatement PerfOlm _ nalu studyconslllllngofnolu ~...-...rl~ IncloH prtI~tothsplantsllfl "variaus~1IlOdes. 412/R.R&E 70065 NCWTP Manatee & Carica Chlorine Gas Conversion =",=1dItIng ct'lIDrIne_~ IlIh1i NCRWTP Manat.. Road Tans and Cat\Qe Tarb ID Improve ,....,.. Of GG WeIIIIcI by addkIg 6 bac1Iup ""'1110 ItIt .llIItIng 27 MIl and appmlrnaltty 412/R,R&E 70066 Golden Gate Wellleld Improyement 3,000 If of rawwatertrtnemulon man- AIIo, UCIft____ elAmlnlB MIIcent 10 fie 27.-ung nil WIthe evenIlha ~ weI nIllldIlO be abMdaned and f8DIIlced. 412/R,R&E 70067 Goklen Gall Blvd 10. Wilter Maln ReIocaIe 10' Wllelmalnon Golden Gll8BWcl FrornunderptDpOMd~ 412/R,R&.E 70089 Upgrade NCWTP Emergency Power OIItrlbutlon Ntw....,cIIIrIlUIontMdIlld~ ~ lQaJIowU_opnIonffOml:WotxlslWlg ",he two IDI"bact . 4121A,RlE 70071 CCDOT UUI RlJIoca1e8 412tR,R&E 7()()74 Port Au Prince WalerlSeWUf Impro\lemenm R8I*Ct tldeIng....r cIelrtIIIDn ~ 1*lCu1J'ftl: wItIPRlftCt 10 rtpIaDe SUb-ltarld_rd wasteWller 00- ....... off 01 fIOIt ~ PIne Aoed, "21R,AlE 70075 NCRWTP 818c:1d1h Weter Wen. DeIlgnancfConltNcllonol......tncIdIh..... "* lor lhe NCRWTP ., AlE 10078 Auto......r Read lnaudon tnMllalfonol~WllmIlIll"..., _. .'2/R ME 70078 SpedaI Assessment Softwtore AepIIce outdDt~for . 1Il._.. 412IR RaE 7??oo -. PS Fuol Add capaalytor 10-' UI .......mulWpunp a6:tn 4121A,R&E 1OOlI4 NCRWTP ~ rovemenll and dDnWudIDn (If PI'Oc8A albHCAWTJl' 412/R,Rl.E 70005 2003 FI fW'IabIItatlon "....... ~ compclrWIla 01.. NCRWTP, 8CRWTP. weIIeId and remm..-uans. lord cuetomerI:. AdcIltonIIy, theNi IWIMIelW .,...lIIIIhIn the DIllCrIbutIan S-.m wn.readequate fire 4121R,R&E 70098 2003 Distribution System Rehabllflatlon now" not mIIIbIe clJIto1helllZlolltltlflO1slntheNat'IIU. This PTOiecI....col!9Olthllee delIclenclK, as well..'...... a rumberof '*-r mete"-"!he SyiIIem that haq becorne ~2IR,AlE 70100 NCRWTP ASR COfl\"erslon NCRWJP AlA ConveNIDn ., AlE 10124 Water 0IIIrIbutf0n Telemetrv -- ..... -- 11 AlE 70127 C...... LMle I'M Ro_n RaIIQIe ...... Cl'lIUhg 4' AlE 70128 _<fa L/pdIIta County dIly standAlda ., AlE 70158 La., TemtImI Well ment Program Replece Pl'UlWllpwynrtolncraaM 1)IItem~. 4121R,R1.E 70170 'It AMo__ P8fform~~ forl"'_ .... "21R,AlE 70202 2003 s_ 2003 ~1o ........ ',21R.AlE 70300 Immok. Rd.-US41~175 RakN::ate OIIllIgnancrCDl'llWllllDnror~oI~_malInOOIIM\DkaleeJOadfJ'OlTlUS-41toI7$ 4121R.AlE 7030' veR p AlrportlCR951 Relocate DMlgn and conatnJcUon for reIocaIlon of.1dIIng __ main on Vanderbll8rNch Aoed fram Airport FloadtoCRH1 412/R,R&E 70302 eRB51 . GGP to Immok. Rd. Relocate =ICOiWbUcIlonforrelDcllbnof~ WllatlNinonCR951lrom Golden G8IePatltwayto Road. 4121R,R&E 70303 Golden G." Parkway. Airport Ad. 10 SBB relocate DHlgnMdconslructlDnfOr~Dl~water"""llnGoIdenGaIllP~frornAlrpoItRdk) --- 4121R,R&E 70306 Rlttlesoaks Hammock Rd. . Polly to CR951 reJocaIe 4121R,R&E 7""'" BackFlQw I Cross-connection lllVell. lbJe is allYtl yur project, 11M the Idt '" It1a Iu1dI bUIg upended In the fht 1Ine yeat'8 of lfw UpdItt IheBalg Syatem ioftwarI~ dzed byh o.pt. (It ~~b"wwrn1~ 4,2/R,R&E 70882 BlIIngSyslem aecotnL TtleCl.lI'lW'ltIOl'lMre-doNr\QIhe~~VWlIIngo,QllMI'IIkJn~ AdeonaIy,lhe sonwar.ls outdatec:l forthe nu~ of Cll.IIItOrnNI:". eo.ir~ha. and wi! cor8IUe to lIUl. New WaIIr 412 412JR,RlE W8 NCIIWTPAO_ n! ""- ~tIli 41 AlE W. NCIlWTP_ men! <li,*Clm.nl ... "21R.AlE W'O SCRWTP MIil,ltN.... I <lrplac'/nlllI ...."'... 4121R.R&E 2002-1 "'- - Aa_ ~ -. 4121R,AlE 2002-2 NCWRTP_ SUtyIo dellmfttf of -. ....now_ 412IA AlE 2002-3 AuIo__1oISIIlJ Auto Ranc:tI AGed MI8U 412IA AlE 2002-4 -~ Pal1lKfTl _el M .~- 4121R,R&E 2002.5 SCIlWTl'LImo Now Fowl. _ andcarlllrucllonof...wrOUltI1Ime~II-'"ctorforl'8llblly "21R.AlE W33 NERWTP AD MembIanI ent ~redll\l*Y*YIM. 412IR RAE W34 SERWTP RO Membrane men! ... ( 1 . 411/00. Growth OrNen (Funded by Impact Fee) 2;. 4121A.R&E", R.newal, Replacement & Enhancement (A.Jnd8d by U$er Fee) 'ofl I .- . ORDINANCE NO. 9&-& ,-~ AN ORDINANCE OF THE COUNTY OF COLLIER, FLORIDA, PROVIDING FOR REGULATION OF WATER, BULK WATER, AND WASTEWATER UTILITIES WITHIN THE UNINCORPORATED AREAS OF COLLIER COUNTY, FLORIDA; TITLE; PROCEEDINGS AFFECTING SUBSTANTIAL INTERESTS; DEFINITIONS; COLLIER COUNTY WATER AND WASTEWATER AUTHORITY, POWERS AND DUTIES; ISSUANCE OF FRANCHISE CERTIFICATES AND CERTIFICATES OF EXEMPTION; REGULATION OF SMALL UTILITIES; RATES; INTERIM RATES AND PROCEDURES; OFFICIAL DATE OF FILING; MISCELLANEOUS PROVISIONS; CHARGES FOR SERVICE AVAILABILITY; SERVICE; UTILITY SERVICE; SERVICE FOR RESALE; REGULATORY FEES; APPLICATION FEES; ANNUAL REPORTING REQUIREMENTS: NOTICE OF PUBLIC HEARINGS; CONDUCT OF PUBLIC HEARINGS; BOARD APPROVAL OF ORDERS OF THE AUTHORITY; POWERS OF THE BOARD; APPLICATION FOR TRANSFER OF FRANCHISE CERTIFICATE, FACILITIES OR CONTROL; EXAMINATION AND TESTING OF METERS; APPLICATION FOR ADDITION TO SERVICE AREA: APPLICATION FOR DELETION OF SERVICE TERRITORY; ABANDONMENT; ENFORCEMENT AND PENALTY PROVISIONS, REVOCATION OF FRANCHISE; EXEMPTION OF COUNTY UTILITY SYSTEMS; COMPLIANCE WITH OTHER APPLICABLE REGULATIONS: APPELLATE REVIEW; PROVISION FOR THE POSSIBILITY OF TRANSFER OF REGULATION TO ANOTHER GOVERNMENTAL AGENCY; CONFLICT AND SEVERABILITY; INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, has made the following determinations: 1. Section 367.171, Florida Statutes, authorizes the Board of County Commissioners to rescind Public Service Convnission jurisdiction over private water and sewer Utilities in the unincorporated areas in Collier County and assume power and jurisdiction to regl.!late those Utilities. 2. The Board of County Commissioners. pl.!J'8uant to Section 367.171, Florida Statutes, will adopt a Resolution rescinding Florida Public Service Convnission jurisdiction over private water and sewer utilities in unincorporated Collier County. 3. The interests of the citizens of Collier County will be better served by Collier County regulating certain. private water and se~r Utilities. .. 1 ,. .-. 4. The regulation of water and sewer Utilities by Collier County is hereby declared to be in the public interest, and this Ordinance is in the exercise of the police power of the State for the protection of the public health, safety, and welfare, and the provisions of this Ordinance shall be liberally construed for the accomplishment of such purposes. 5. Pursuant to Section 125.01(t), Florida Statutes, Collier County is authorized to adopt ordinances and resolutions as needed to the exercise its powers and authority. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION ONE: THAT THE FOLLOWING ORDINANCE IS ENACTED: SECTION 1-1. TITLE; PROCEEDINGS AFFECTING SUBSTANTIAL INTERESTS. . This Ordinance is entitled the "Collier County Water and Wastewater Utilities Regulatory Ordinance." All proceedings relating to Utilities which are regulated by this Ordinance in which substantial interests of a party thereto will or may be determined, shall be conducted in compliance with the provisions of this Ordinance, Rules of the Board, and Rules of the Collier County Water and Sewer Authority, all of which shall be construed to promote just, speedy, and inexpensive determination of each issue. SECTION 1-2. DEFINITIONS, For the purposes of this Ordinance the following terms, phrases, words, and their derivations shall have the meaning specified herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The word "may" is directory. A. Authority. The Collier County Water and Wastewater Authority. B. Florida. Board. The Board of County Commissioners of Collier County, C. Clerk of the Board. The Clerk of the Circuit Court serving as Clerk and accountant to the Board. . D. Bulk water utility. Any person or business entity of any kind whatsoever, lessee, trustee or receiver, owning, operating, managing, or 2 .. controlling a System or proposing construction of a System to provide untreated or treated water to a Utility, bulk user, or distributor of water for compensation. E. Combined notice. A notice of any hearing before the Board which is combined with a notice of hearing before the Authority. ;-, F. Contribution-in-aid-of-construction; CIAC, Any amount or money, services, and/or property, or any combination thereof, directly or indirectly received by a Utility at no cost to the Utility or which have value in excess of the consideration given by the Utility for same, the excess of which represents a gift, donation, or contribution to the capital of the Utility and is used or planned to be used to offset the acquisition, improvement and/or construction costs of the Utility's property, facilities, or equipment used to provide services to the customers of the Utility. The term CIAC includes payments to the utility such as system capacity charges, main extension charges, plant expansion fees, customer connections charges, and other similar monetary payments to the utility. G. Corporate undertaking. The unqualified guarantee of a Utility to pay a refund, with or without interest, may be requirecl by the Board. H. County. Collier County, a political subdivision of the State of Florida. "County" may include the Board and the Authority unless the context clearly indicates otherwise. I. Days. Consecutive calendar days. J. FPSC means the Florida Public Service Commission. K. Franchise certificate (or "Franchise") refers to a privilege granted by the Board to authorize a Utility to provide utility service within the boundaries of a specified geographic area or areas pursuant to this Ordinance. L. Governmental Agency. This is a broad and inclusive definition that includes the Government of the United States, the State of Florida, and all districts, units, convnissions, authorities, councils, convnittees, departments, divisions, bureaus, boards, sections, or other unit or subdivision or either or both of them, including the Florida Public Service Commission. M. Gross receipts. All revenues received by the Franchisee including miscellaneous revenues, excluding the following: interest earned on invested funds, proceeds from resales at wholesale to other Franchisees of the County that will pay the County fees on the retail sales of such down-stream Utility service; capacity fees; and connection fees. . 3 . N. Invested coat. The actual legitimate original cost of property in the public service honestly and prudently incurred by the person first dedicating it to the public service, including any cost adjustments approved by the Authority, reduced by all contributions-in-aid-of construction and all other contributed assets that have not been adjusted for used and useful. O. OfficIal Date of Filing. The date specified by the Authority or its Designee pursuant to this Ordinance which certifies that the Utility has filed with the County complete minimum filing requirements established by this Ordinance and/or Rule of the Board of the Authority for the respective application or proceeding. P. Orders: (1) Orders ofthe 130ard. The Board may issue such Orders as it deems proper. (2) Orders of the Authoritv: . (a) FINAL Order means any order of the Authority that is a final decision on the issue. The Final Order may be on matters of procedure and/or decisions on the merits of the matter. (b) Preliminary Order, Each Preliminary Order of the Authority is a recommendation to the Board requesting that the Board render its decision on matters over which the Board has the final authority. Those decisions include: issuance or denial of Franchise Certificates pursuant to Section 1-4 herein; tQ execute Franchise Agreements with new utilities; to approve or deny Transfers of Franchise Certificates pursuant to Section 1-19 herein; to revoke a Franchise Certificate pursuant to Section 1-25 herein, or to authorize the Authority to institute litigation pursuant to Subsection 1-3 (13) herein. Such Preliminary Orders of the Authority are subject to such decisions thereon as the Board may determine proper, including remand by the Board back to the Authority and/or to a Hearing Examiner. (3) Orders of HearinQ Examiners. Hearing Examiners may issues such orders as appropriate in the proceedings. Procedural orders of the Hearing Examiner are not appealable to the Authority. The Hearing Examiner will usually issue recommended Orders to the Authority for decision thereon by the Authority. Such decisions of the Authority shall be final unless the Final decision Authority thereon has been specifically retained by the Board pursuant to this Ordinance. . 4 I .ee. a. Party, Any person or group of persons having an identifiable interest in the respective proceeding, including any individual customer of the affected applicant or Utility. R. Person. Any individual, corporation, authorized representative of any Governmental Agency, any estate, trust, partnership, association, fiduciary, and/or all other groups or combinations thereof, or any other entity. S. Presiding Officer. Presiding Officer means the individual chairperson presiding over the respective matter, case or proceeding, meeting or hearing, to wit the Chairman of the Board of County Commissioners, the Chairman of the Authority; or the Hearing Officer regarding matters then being considered by the Hearing Examiner. Presiding Officer includes substitutes for each of the above at such times that the primary Presiding Offices cannot preside or otherwise handle the issue in a timely fashion. T. Rule of the Board. A Rule approved by the Board pursuant to this Ordinance or by resolution adopted pursuant to this Ordinance. Rules of the Board may be not be amended, or repealed without one (1) public hearing thereon by the Board. "Rule" always includes the plural "Rules," unless the context indicates to the contrary. e_"l U. Service. The readiness and ability on the part of a Utility to furnish and maintain water and/or sewer service to the point of delivery for each lot and/or tract, or pursuant to applicable rules and/or regulations of any applicable governmental agency having jurisdiction. V. Submetering. This means the not-for-profit resale of water and/or sewer service by a master metered customer of a Franchisee to individual customers served through that master meter and which customers occupy residential or commercial units on property owned or otherwise lawfully controlled by the master metered customeL W. System. Utility facilities and property used and useful in providing utility service, and upon a finding by the Board may include a combination of functionally related facilities and property that are physically connected by lines or other utility facilitiese X. Territory. The geographical service area described as such in a Utility's Franchise Certificate. Territory may be referred to herein and in Rules as "service area." "service areas," or "certificated area." . Y. Test Year. This means the twelve (12) month period commencing no more than eighteen (18) months prior to the Official Date of Filing of an applicatione The data presented in any statement concerning a Test Year shall 5 . be limited to actual income and expenses, without adjustment or alteration, as determined on an accrual basis during the subject time period. Z. Utility. Any Person or business entity, lessee, trustee and/or receiver, owning, operating, managing, or controlling a System, or proposing construction of a System, who or which is providing or proposes to provide potable water and/or non-potable water, or bulk water, and/or sewer service, or any combination thereof, within any unincorporated area of the County to the public for compensation, but excluding only the following: 1. Property used solely or principally in the business of bottling, selling, distributing or furnishing bottled water or portable treatment facilities; or 2. Systems owned, operated, managed, or controlled by a. Governmental Agency; or 3. Manufacturers providing such utility service solely in connection with their own manufacturing operations; or 4. Each public lodging establishment providing such utility service solely in connection with lodging service to its guests; or . 5. Each landlord or Homeowners' Association providing utility service to their own tenants or unit owners without specific compensation for any such utility service; or 6. Each water system and/or sewer system which has a rated capacity (at maximum day system peak) of less than 2,000 gallons per day per utility service; or 7. Any Utility which derives less than fifty percent (50%) of its revenues from unincorporated areas of the County with the balance derived from the incorporated area. Any Utility which derives fifty percent (50%) or more of its revenues from the unincorporated areas of the County shall be subject to the provisions of this Ordinance as they relate to only the rates, fees, and charges charged by the Utility in its unincorporated area(s); or 8. Any utility system that is then serving less than one hundred (100) customers with water and/or sewer service. For the purpose of this subparagraph, a "customer" is not each individual served. Each residence, apartment unit, condominium unit, office or other unit of a building or structure, each mobile home, each recreational vehicle, etc., is one (1) customer. A duplex is two (2) customers; a triplex is three (3) customers, etc. . j 6 -t 9. Systems solely for tenants or occupants of: governmental buildings, religious, educational or cultural institutions or facilities, or for recreational, scientific or institutional facilities. 10. Systems not owned by a Franchisee that are downline from the Franchisee's master meter and are operated and submetered by a master metered customer of the Franchisee for resale to individual residential or corrvnercial consumers occupying property owned or otherwise lawfully controlled by that master metered customer. Amend to add at first opportunity; omitted from original ordinance: 11. Nonprofit corporation., associatIons, or cooperatives providing service .o/ely to members who own and control such nonprofit corporations, as.ociatlons, or cooperative.. . AA. Wastewater. Means "sewage," or "sewerage," means a combination of the liquid and water-carried pollutants from a residence, commercial building, industrial plant, or institution, together with any groundwater, surface runoff, or leachate that may be present. ..., BB. Wastewater system. Means or "sewer," "sewer system," or "sewerage system" means any and all plant, system. facility or property, and additions, extensions and improvements thereto at any future time constructed to acquire as part thereof, useful or necessary or then having capacity for future use in connection with the collection, treatment, purification and disposal of sewage of any nature, originating from any source, and without limiting the generality of the foregoing, includes treatment plants, pumping stations, lift stations, valves, force mains, intercepting sewers, laterals, pressure lines, mains, and all necessary appurtenances and equipment; also includes all wastewater mains and laterals for the reception and collection of sewage from premises connected therewith; also includes all real and personal property and any interest therein, rights, easements, and franchises of any nature relating to any such system and necessary or convenient for the operation thereof. . ce. Water system. Means any and all plant, system, facility or property, and additions, extensions and improvements thereto at then future times, constructed or acquired as part thereof, useful or necessary or having the then present capacity for future use in connection with the development of sources, treatment or purification and distribution of water, and. without limiting the generality of the foregoing, includes dams, reservoirs. storage tanks, lines, valves, pumping stations, laterals and pipes for the purpose of carrying water to the premises connected with such system; also includes all real and personal property and any interest or rights therein, easements, and Franchises of any 7 . nature whatsoever relating to any such system and necessary or convenient for the operation thereof. SECTION 1-3, AUTHORITY; COLLIER COUNTY WATER AND WASTEWATER POWERS AND DUTIES. A. The Collier County Water and Wastewater Authority (the "Authority") is hereby established. Authority shall have the Final Decision on all issues authorized by this Ordinance unless it is clear that such final decision resides with the Board. The Authority, upon request or upon its own motion, has the following powers and duties pursuant to Ordinance: 1. To issue a Preliminary modifications and/or additional conditions Certificate; Order to issue (grant), issue with as modified, or deny a Franchise 2. To issue a Preliminary Order to revoke a Franchise Certificate. 3. To issue a Preliminary Order to amend the County's Annual Franchise Fee. . 4. To issue a Preliminary Order to authorize the transfer of a Franchise Certificate. 5. To issue a Preliminary Order to institute litigation. 6. To issue a Final Order to fix rates that are just, reasonable, compensatory, and not unfairly discriminatory; 7. To issue a Final Order approving, modifying, or denying any tariff, or other rule or regulation proposed to be established by or on behalf of an applicant or Utility; 8. To by Final Order establish and from time-to-time amend a uniform system and classification of accounts for all regulated Utilities which, among other things, shall establish adequate, fair and reasonable depreciation rates and charges. . 9. By Final Order to require regular or emergency reports from a Utility, including, but not limited to, financial reports, as the Authority deems necessary. If the Authority finds a financial report to be incomplete, incorrect, or inconsistent with the uniform system and classification of accounts, the Authority may require a new report or supplemental report, either of which the Authority may for good cause require to be certified by an independent certified public account licensed under Florida Statute; 8 -) 10. To issue a Final Order to compel repairs, improvements, additions, and/or extensions to any Utility's facility, and/or to require the construction of a new facility if deemed reasonably necessary to provide adequate and proper service to any person entitled to such service, or if reasonably necessary to provide any prescribed quality of service; except that no Utility shall be required either to extend its utility service outside the service territory described in its Franchise Certificate, or to make additions to its plant or equipment to serve outside such service territory unless the Authority first finds that the Utility is financially able to make such additional investment without impairing its capacity to serve its then existing customers and other future customers who have vested rights to the respective utility service; 11. To issue a Final Order to compel interconnections of service or facilities between Utilities, and to approve any plant capacity charges, or wholesale service charges, or rates related to either, provided the Authority first finds that the Utility is financially able to make such additional investment without impairing its ability or capacity to serve its existing customers and future customers who have a vested right to such Utility service; ~ 12. In matters that are not covered by provisions that require Preliminary Orders, to make recommendations to the Board by Executive Surrmary regarding any matter pertaining to the regulation of Utilities deemed by the Authority to be necessary or convenient to carry out this Ordinance or Rule of the Board; Ordinance: 13. With respect to the conduct of its hearings pursuant to this a. To adopt rules for the conduct of its hearings; and b. To take testimony under oath; 14. To issue a Final Order to require the filing of reports and/or other information and data by a Utility and/or its affiliated companies, including its parent pompany regarding transactions or allocations of convnon costs among the Utility and such affiliated companies; the Authority may also require such reports or other data necessary to ensure that the Utility's rate payers do not subsidize non-utility activities; . 15. To request that the Board or County Administrator provide Hearing Examiners and/or consulting services and/or other personnel, or departments of the County government to perform work, including compiling factual data and/or information reasonably required by the Authority or the Board for the proper performance of duties or functions under this Ordinance; 9 .- .. .- 16. To enter on any property used by any utility at any reasonable time, and to set up and use thereon all necessary equipment to make investigations, inspections, examinations and/or tests for the exercising of any power under this Ordinance after reasonable attempts to give notice of same to the Utility; the Utility has the right to be represented at the making of such investigations, inspections, examinations and/or tests; 17. To hold any person who, or utility which, fails to obey any legal Order, mandate, decree or instruction issued by the Authority or hearing examiner during any proceeding by the Authority, in contempt of the Authority; each day of violation of any legal order, mandate, decree or instruction issued by the Authority may be deemed to constitute a separate act of contempt. 18. Subject to prior approval of the Board on a case-by-case basis upon Executive Sunvnary request from the Authority, the Authority may take actions, including seeking injunctive relief, to effectuate any provision of this Ordinance; 19. To otherwise do all things necessary or convenient to the full and complete exercise of its jurisdiction and/or duties under this Ordinance except issue Final Orders in matters where the final decisions thereof have, by this Ordinance, been reserved to the Board. (~ B. Executive Director of the Authoritv. The Board shall employ an Executive Director of the Authority. The Executive Director may be a full-time or part-time employee of the County and shall be responsible for all administrative matters relating to the Authority. The Executive Director has final decision on many matters as specified in this Ordinance and/or Rules of the Board. The Authority may delegate additional powers to the Executive Director by adoption of Rules of the Authority provided such delegation does not violate this Ordinance and/or Rule of the Board. c. The Executive Director or his/her designee may enter on any property used by any Utility at any reasonable time, and to set up and use thereon all necessary equipment to make investigations, inspections, examinations and/or tests for the exercising of any power under this Ordinance after reasonable attempts to give notice to the Utility; the Utility has the right to be represented at the making of such investigations, inspections, examinations and/or tests. D. Forms. The Authority, without further approval by the Board, may prescribe and amend forms for use by Utilities in compliance with any prOVision of this Ordinance or Rule of the Board. 10 "- ) E. Members of the Authoritv. The Authority shall consist of five (5) members appointed by the Board. Three (3) members shall be technical members, and two (2) members shall be lay members. The Board, collectively, shall appoint all members. More than one (1) member may be appointed from the same area of expertise. No Board member has any individual power of appointment. 1. Each technical member shall be appointed based on individual expertise in one (1) or more of the following areas: systems; (i) Engineering: with experience in water and sewer regulation; or (ii) Finance. accounting, rate-making, and/or utility (iii) Business administration. n 2. The lay members shall be appointed on the basis of individual civic pride, integrity, and experience in any area of relevant utility service and management, rate making, utility regulation, or other endeavors considered by the Board to be beneficial to the proper functioning of the Authority. Lay members may be appointed from the same areas of expertise as technical members. 3. No member of the Authority shall, directly or indirectly, be employed by, be connected with, or have any financial interest in, or serve as an agent or representative of, any Utility then regulated by this Ordinance. Members of the Authority shall be subject to financial disclosure as required by Florida Statutes, currently Section 112.3145. A member Of the Authority may not serve more than eight (8) consecutive years except if an individual is appointed initially to less than a four (4) year term that individual may serve two (2) full four (4) year terms in addition to the initial term, for a maximum continuous term of up to eleven (11) years. Members shall hold office until their successors have been duly qualified and appointed. No member shall accept any gratuity or other compensation of any kind from a Utility, any Utility elTllloyee, agent, or other representative. The Board may appoint an alternate member of the Authority who will take hislher voting seat only during times of absence of a regular member of the Authority. 4. Members of the Authority shall be reimbursed for their necessary expenses incurred in the performance of their official duties, as shall be determined and approved by the County Administrator. I. 11 ~. 5. The initial term of office shall be one (1) year for one (1) member, two (2) years for one (1) member, three (3) years for two (2) members, and four (4) years for the remaining member, with appointments or reappointments thereafter, whenever possible, to be for a term of four (4) years for each member. The Commission shall determine which members shall be appointed for which year terms. Before entering upon the duties of office, each member shall file written acceptance of that appointment and take and subscribe to a written oath of office, which shall be filed in the Office of the Clerk to the Board. 6. A member of the Authority may be removed from office with or without cause by a vote of three (3) or more members of the Board. Whenever a member of the Authority shall fail to attend three (3) consecutive meetings without having been excused by the Chairman of the Authority, the Authority Chairman shall promptly certify in writing such absences to the Board. Upon such certification the defaulting member may be removed by the Board, if removed, the Board shall fill that vacancy by further appointment to that seat. . 7. The members of the Authority shall select a Chairman, a Vice-Chairman, and such other officer(s) as deemed desirable by the Authority. Each officer should generally be appointed to a term of at least one (1) year. Each officer may be reappointed to his/her same office, but no member shall serve in the same office for more than three (3) consecutive years and no member may be appointed to an office that extends beyond his/her then remaining appointment to the Authority by the Board. F. Minutes of each Authority meeting shall be kept and prepared under the general supervision and direction of the Clerk or designee of the Clerk to the Board. Such minutes shall be kept on file by the Authority. G. The Authority shall meet as often as necessary, but generally not less often than once each month, to discharge its duties pursuant to this Ordinance. Three (3) members present constitute a quorum. The affirmative vote of three (3) members is required to take any action except to cancel or continue a meeting that has no quorum. H. Subject to the County's budget, the County Administrator will provide clerical and public record recording assistance to the Authority. SECTION 1-4. ISSUANCE OF FRANCHISE CERTIFICATES; CERTIFICATES OF EXEMPTION. . Only the Board may issue a Franchise Certificate to any Utility. The Authority has Final Order Authority over granting exemptions from regulation. 12 ") ~ A. Certificates From Florida Public Service Commission. Each Utility holding a Certificate from the Florida Public Service Commission (FPSC) on the effective date of the Board's Resolution rescinding the jurisdiction of the FPSC over the Utility shall receive a Franchise Certificate for all service areas for which that Utility then held such a Certificate(s) from the FPSC, provided such Utility applies for each Franchise Certificate by filing an application for same with the Authority within one hundred twenty (120) days of the effective date of this Ordinance. The applicetion for such a Franchise from the County shall include: 1. A map of its existing System with planned extensions, if any, and a legal description of all area(s) for which the then effective FPSC Certificate was issued; 2. A certified copy of all orders issued by the FPSC granting the FPSC Certificate to that Utility; 3. FPSC tariffs listing all FPSC approved rates and charges then in effect, all of which will remain in effect until modified as approved by the Authority; ~ 4. A copy of all FPSC approved operating regulations and procedures of the Utility then in effect, all of which shall remain in effect until modified as approved by the Authority; 5. The then current FPSC approved rate base of the Utility, which shall continue to be the rate base of the Utility until modification thereof is approved by the Authority; and 6. Such other minimum filing requirements as may be required by Rule of the Board. B. Within sixty (60) days of a Utility's submission of an application pursuant to subsection (a) above, the Authority shall render a decision whether such application is complete and thereupon set the Official Date of filing. C. If the Authority finds that the application is deficient for failure to satisfy all filing requirements, the Authority shall return the application to the Utility for revisions. The Utility shall have thirty (30) days to revise and resubmit such application to the Authority, which shall have twenty (20) days to review the revised application. These time periods may be summarily extended by the Executive Director of the Authority for good cause. . D. At such time as the Authority determines the Utility's application satisfies all requirements of subsection (A) above, the Authority shall issue a Preliminary Order within thirty (30) days of the Official Date of Filing to 13 . recommend that the Board issue one (1) or more Franchise Certificates to the Utility. E. Within thirty (30) days of the issuance of the Authority's Preliminary Order, the Board, without a public hearing, may issue its Order on the application, which may issue Franchise Certificate(s) to the Utility, F. After one hundred and eighty days (180) from the effective date of this Ordinance, unless extended by Final Order of the Authority, it shall be unlawful for any Utility under the regulation jurisdiction of this Ordinance to provide any Utility Service within the unincorporated area of the County without either a Franchise Certificate having been granted to that Utility by the Board, or based upon an active application to acquire a Franchise Certificate for the respective service then pending before the County. .. G. New Utilitv. For the purposes of this Ordinance, "New Utility" means any Utility applying for a Franchise from the County except pursuant to subsection A., above, "Grandfathering," 1. One hundred and twenty (120) days after the effective date of this Ordinance, no person shall build, install, maintain, operate, or continue to operate any Utility, including Bulk Water Utility, in any unincorporated area of the County unless the Board has granted that Utility a Franchise Certificate for that service, or unless the Utility, upon application for same, has been formally determined by the Authority as being exempt from regulation under this Ordinance. 2. Each applicant for issuance of a Franchise Certificate for a New Utility shall: a. Provide information required by Rule of the Board and/or the Authority which may include a detailed inquiry into the ability of the applicant to provide service, the planned service territory, all facilities involved, the need for service in the planned service territory involved, and the existence or nonexistence of that utility service from other sources within nearby geographical proximity to the service territory applied for; b. File with the Authority schedules showing all proposed rates, fees, classifications and charges for service of every kind to be furnished by it; also all rules, regulations, and written contracts relating thereto; . c. Submit an affidavit that the applicant has caused notice of its intention to file an application for the New Franchise, which notice must be delivered by mail or other actual delivery to the Authority, and to such other persons and in such other manner as may be prescribed by Rule of the 14 ,- . Board. Such notice shall be given at least twenty (20) days prior to the filing of such application; d. If required by the Executive Director of the Authority, or by the Authority, file a certified copy of its certificate of incorporation, if any; an audited Financial Statement; an inventory of assets; and other information such that the Authority can determine whether or not the applicant is qualified to be issued a Franchise Certificate by the Board. The Board may require the applicant to post a bond, satisfactory to the Board in form and sureties, to guarantee compliance with any conditions imposed by the Board for issuance of the Franchise(s); e. The application shall be signed by the person who will be the holder of the Franchise. 3. Certificates: Review the Contents of each application for Franchise a. The Authority may issue a Preliminary Order approving a Franchise Certificate in whole or in part, with or without modifications, or deny any Franchise Certificate. No Utility shall be granted greater authority than that requested in the application and any amendments thereto. The Authority shall not issue a Preliminary Order to grant a Franchise Certificate for a proposed System or for the extension of an existing System which will be in competition with, or a duplication of, any other System or portion of a System, unless it first determines that such other System or portion thereof is not adequate to meet the reasonable needs of the service area and all other service commitments, if any, outside of the service area, or that the System is unable to, or that its principals refuse to or have neglected to, provide adequate utility services. b. If the Authority does not receive written objection to such an application within twenty (20) days following the Official Date of Filing of the application, the Authority may issue a Preliminary Order on the application without a public hearing thereon. c. If, within twenty (20) days following the Official Date of Filing of such an application, the Authority receives from a Utility, or from any consumer that would be substantially affected by the requested certification, a written objection requesting a public hearing, the Authority may conduct a public hearing, generally within twenty (20) days from actual receipt of the written objection, unless the hearing is extended by the Authority or its Executive Director. . d. A public hearing held pursuant to subsection 3. c., above, shall result in a Preliminary Order issued by the Authority. Within sixty 15 .e (60) days of the issuance of such Preliminary Order, the Board should review the matter and may hear legal arguments concerning the Authority's Preliminary Order. Based upon such review and any such legal arguments presented, the Board may confirm, confirm as modified by the Board, deny the Authority's Preliminary Order, or remand the matter back to the Authority or to a Hearing Examiner, or otherwise deal with the matter. e. The Board may deny the application or require amendment to any Certificate on the ground that the such service will violate the established local comprehensive plan developed by the County pursuant to Florida Statutes, currently Section 163.3161, and following sections. f. In reviewing the application, the Authority shall consider the following: (i) The applicant's apparent ability to have or acquire sufficient resources to build, install and operate the proposed Utility; tit (ii) The apparent ability of the applicant to provide the proposed service(s) to the territory with the proposed facilities involved, the need for service in the territory involved, and the existence or nonexistence of such utility service from other sources within geographical proximity to the territory for which the Utility has applied; and (iii) Whether the application conflicts with the County's local comprehensive plan, inClUding all relevant capital improvement programs adopted by the Board. g- Each Franchise Certificate applied for, except those described in subsection A above, shall specify and aCknOwledge that (I) Such terms and conditions as may be deemed necessary by the Board to protect the public health, safety or welfare; (iI) Whether the Franchise is for a water system, sewer system, or bulk water Utility, or applicable combination thereof; . (iii) The territory to be served by the Utility. The Franchise Certificate for a Bulk Water Utility may inClude all or part of an area covered by the Franchise of a another Utility. Subject to economic feasibility, the Utility must serve its entire certificated area(s); (Iv) That the Franchise Certificate is not any impediment to acquisition of the Utility or any part thereof by the County and/or any other Governmental Agency, by purchase, condemnation, or otherwise; 16 ~-) (v) That the County has full power and authority to grant a license or Franchise to any other person or entity to construct, maintain, repair, operate, and remove lines for the transmission of water, wastewater, gas, power, television, telephone, and/or any other public utilities whatsoever, under, on, over, across, through, and/or along every pUblic road, public highway, other public right-of-way, or public utility easement for the respective uses acquired by the County, by any other Government Agency, by purchase, gift, devise, dedication, prescription, or by any other means; (vi) That the Utility shall prevent the creation of and shall not allow or suffer to continue any obstructions or any other conditions which are or may become physically dangerous to any member of the general public; (vii) That the Utility shall repair any and all damage and/or injury to public and private streets, roads, highways, and all other tangible property caused by reason of the exercise of any privileges granted in the Franchise and, at no direct or indirect cost to the County or other Governmental Agency, shall promptly repair all such damage or injury to all pUblic streets, roads, highways, and other tangible property, restoring each to the conditions at least equal to the conditions that existed immediately prior to the infliction of ~ such physical damage or injury by or on behalf of the Utility; (viii) That the Utility shall indemnify and hold harmless the County, the Board and its members, the Authority and its Executive Director, and all employees and members all of the above, from any claims, suits, and damages that nay result, directly or indirectly, from any exercise of (or failure to exercise) any rights, privilege(s) and/or licenses granted or authorized by the Franchise Certificate; (ix) That in the event of widening, repairing, relocating, or reconstructing, of any public street, public road or public right-of- way, the Utility shall, at no cost to the County or any other Governmental Agency, relocate as needed all utility lines and other tangible property of that Utility; (x) That the issuance of the Franchise Certificate shall not entitle the Franchisee to any consideration and shall not otherwise prevent, bar, or hinder the County and/or any other Governmental Agency from closing, abandoning, relocating, vacating, discontinuing, improving, or reconstructing any public street, road, or other right-of-way or easement, except those that are private; . 17 . (xi) That the Utility shall comply with all then applicable rules, regulations, and standards pertaining to such Utility from all Governmental Agencies having jurisdiction; (xii) That the Utility shall always maintain and keep all improvements in good repair and, and subject to economic feasibility of the Utility, shall provide all Franchised Utility services within a reasonable time to all persons requesting such service to be provided within the certificated territory; (xiii) That if the Authority determines that it is appropriate to install fire hydrants for the purpose of combating fires, the County has the right and privilege of doing so, and may order the Utility to make such connections and charge to its customers, pro rata, for labor and materials used in the installation of said fire hydrants and other appurtenances necessary for furnishing water from the respective distribution system to said fire hydrants; in such cases the charge to the Utility's customers shall be the Utility's actual cost for making the connections, together with a fair return on the Utility's investment therein; .. (xiv) That the Franchise Certificate shall not be deemed to constitute a County requirement that any landowner use the Utility's water, nor shall this Ordinance be construed to constitute a Collier County imposed prohibition against any landowner using well water for consumption, irrigation, recreation and/or yard maintenance; /~..- (xv) That Franchise Certificate issued by the County shall have no monetary or other value in the context of the County and/or any other Governmental Agency seeking to acquire the Utility or any part thereof; (xvi) That the Franchise Certificate shall not be deemed to prohibit or restrict construction, operation and/or maintenance of any utility outside of the franchised service territory by the County or by any Governmental Agency; (xvii) The term of the Franchise, which shall not exceed thirty (30) years; also any provisions for renewal thereof; (xviii) Provisions for purchase of the Utility by the County on such terms and conditions as the Board shall determine to be proper to best serve the public health, safety and/or vvelfare; . (xix) Provisions for revocation of the Franchise Certificate in the event of any violation of its terms, or of violation of this Ordinance, and/or any other logically related County ordinance, or Rule of the Board; 18 ~ (xx) Provisions for the reasonable time within which the utility service granted in the Franchise shall be made available to the customers of the utility, including a schedule of estimated dates by which each utility service will be provided to customers; and that if no such service is provided within the time prescribed, that the Franchise shall be automatically void unless the Authority extends that time for good cause shown provided that an application for such an extension of time is made before expiration of the "no actual utility service" time prescribed in the Franchise. The grant of a time extension will require additional conditions that the Authority deems appropriate to assure the provision of adequate service within an additional reasonable time; (xxi) Such modifications of any provisions authorized under the preceding paragraphs as may be necessary; (xxii) That the system shall be approved by all appropriate Governmental Agencies as to design, construction, operation, capacity, maintenance, expansion, and otherwise; (xxiii) That the Franchise may be amended at any time upon mutual consent of the parties thereto; and ~ (xxiv) Additional provisions as are required from time- to-time by Rule ofthe Board. (xxv) Bulk Water Utilitv. A Franchise for a Bulk Water Utility may provide that the service area may include all or part of a service area of a County Franchised water Utility provided all provision of water in bulk within that overlapping service area shall be only to that other Utility; h. Claims of I;:xemotion from Reaulation. Each person who or entity that claims an exemption from regulation (nonjurisdictional finding) by the County through application of anyone or more of sUbparagraphs of subsection 1-2 (z), (definition of "Utility"), must file with the Authority an affidavit sworn to upon personal knowledge and signed by the affiant, who must be an authorized representative of the applicant. The affidavit must contain the name of the Utility, its complete street and mailing address, and sufficient information describing the Utility system upon which a determination as to the applicant's asserted exempt status can be ascertained by the Authority, plus citation to the specific subparagraph of subsection 1-2 (z), above, upon which the asserted exemption is based. Such application for declaration of exemption may be granted by Final Order of the Authority without any public hearing thereon, but if a complaint is filed by any person or entity with standing, the Authority may hold a public hearing to consider and decide the merits of the application by Final Order. These minimum filing requirements for an exemption do not apply to any v ) 19 . Governmental Agency; any Governmental Agency may obtain a Declaration of its claimed exemption by letter request to the Authority. SECTION 1-5. REGULATION OF SMALL UTILITIES. A. Any Utility that, in the respective last fiscal year, has actual annual receipts of less than $75,000 from gross revenues from water sales, or less than $75,000 from gross revenues from sales of sewer service, or $150,000 in gross revenues from sales of both utility services, is referred to in this Ordinance as a "small utility." Small Utilities are exempted from some requirements of this Ordinance as specified by Rule of the Board. B. Except to the extent otherwise specified in the Board's Rules, each Small Utility shall be regulated in accordance with all provisions applicable to other Utilities as provided in this Ordinance and/or Rules of the Board. C. Except to the extent otherwise specified by the Board's Rules, supplemental Rules of the Board will apply to each Small Utility. SECTION 1-6. RATES. . A. As used in this Ordinance, unless in the context a different intent is clear, "Rates" always includes all "rates," "fees" and/or "charges" without distinction, and which includes all rates, fees and/or charges that are charged or are planned by the Utility to be charged by the Utility to any of its customers or prospective customers, including service availability charges and connection charges. Each Utility shall charge, collect, demand, or receive, directly or indirectly. only those rates, fees, and charges that have been approved by an Order of the Authority for the respective class of service. Within each application for a rate increase the Utility must submit an affirmation under oath by an authorized officer of the Utility that the figures and calculations upon which the change in rates is based is accurate and that the change will not cause the applicant to exceed its last authorized rate of return. For a test year and the pro forma test year, The Utility must affirm under oath that the Utility is not and will not earn in excess of its last authorized rate of return by utilizing: (a) a schedule of rate base commencing with the last authorized rate base and utilizing Authority approved depreciation and amortization lives; (b) a schedule of revenues using the last authorized revenues as the starting point; (c) a schedule of expenses using the last authorized expenses as a starting point; and (d), a calculated earned rate base of return based on provisions (a), (b), and (c). herein. Upon a Final Rate Order for a rate proceeding affecting rate base. the utility shall, within the Utility's then current fiscal year, adjust its books as necessary to reflect the outcome of that proceeding. The Utility shall notify the Executive Director of the Authority that required adjustments have been completed to its books in accord with the Authority's final rate order. .. 20 . B. Limited Proceedinlls. 1. Proceedings pursuant to Section 1-4(a) through (F), above, (PSC approved rate tariffs for eXisting Utilities), and in subsection (F), below, (New Class of Service), and in subsection (I) below, (Rate Index), and in subsection (J), below, (Pass-throughs), and most other proceedings hereunder are relatively summary proceedings that have relatively limited minimum filing requirements. Limited proceedings are for the Authority to consider and act upon any matter within the jurisdiction of the Authority under this Ordinance, including any matter the resolution of which requires the utility to adjust its rates, except full rate cases and staff assisted rate cases. 2. Ineligibility for a limited proceeding does not prevent a qualifying utility from seeking a change in rates pursuant to a full rate case or a staff assisted rate case. '--l 3. Notice of Limited Proceedinas to Customers. Following approval by the Executive Director of the Authority, or the Authority, utility may be required to provide notice to its customers of its limited proceeding application. Notice of the Final Hearing will be required if the request is to increase any rate or add a new class of service. Notice may be waived by the Authority if the Utility's request is only to acquire permission to implement a requirement of applicable state or federal law or regulation. 4. Prereauisites for eliaibilitv and minimum filina reauirements. Refer to the Rules of the Board. 5. Limited Proceedina Rate Increase: For a Utility with annual gross receipts from service within the County in excess of $750,000, a requested rate increase through a limited proceeding shall not include a pro forma revenue requirement in excess of one hundred and ten percent (110%) of the test year revenue requirement. For a Utility with annual gross revenues from within the County of less than $750,000, the requested rate increase by means of a limited proceeding shall not exceed $75,000. 6. If, within fifteen (15) months after the approval of the limited proceeding, the Authority finds that the Utility exceeded the range of its last authorized rate of return after an adjustment in rates, as authorized by this subsection, the Authority may order the Utility to refund, with interest, the difference to the rate payers and to adjust its rates accordingly. This provision shall not be construed to require a bond or corporate undertaking not otherwise required by the Authority. ~ 21 . C. A written application for any regulated rate, fee or charge or change, or any charge to any of the same shall be submitted to the Authority along with the full applicable application fee and applicable minimum filing requirements as then required by Rules of the Board. D. Each Utility's then current rates, fees, charges, and customer service pOlicies must be contained in tariff sheets approved by the Authority and filed with the Authority. E. A Utility may only collect those regulated rates, fees, and charges that have been authorized by the Authority pursuant to this Ordinance by Order of the Authority for the particular class of service involved. No change in any rate schedule may be made without prior Authority approval. .. F. ReQuest for New Class of Service. If the Utility desires to implement a new class of service not previously approved by the Authority, the Utility may provide to its customers that new class of service. The rates, fees, and/or charges for same must be just, reasonable, reasonably compensatory, and not unduly discriminatory based upon the costs to the Utility to provide each new class of service. A schedule of such new rates, fees, and/or charges as fixed by the Utility shall be filed with the Authority at least fourteen (14) days before any such new class of service is furnished by the Utility. The Authority will sunvnarily approve such rates, fees, and charges as applied for unless the Authority receives an objection thereto from any interested person, in which event the Authority may hold a public hearing thereon. The minimum filing requirements for a new class of service shall be the same as for rate indexing. ( G. Oriainal Cost Rate Base. 1. Except as to the rate bases that were established by the FPSC and were in effect at the time of granting the initial Franchise by the Board to each then existing Utility, the Authority may detemine the rate base for each Utility, which rate base shall be used for rate-making purposes. The rate base consists of the actual legitimate original cost of property used and useful in the public service honestly and prudently incurl1ld by the person first dedicating it to the public service, less accrued depreciation, and less CIAC and other contributed assets, net of amortization, plus allowance for required cash working capital, but shall not include any value for goodwill or going-concern value. Each Utility's rate base shall be retil1ld by accumulated deferral and unamortized income taxes and investment tax credits. . 2. The Authority shall consider the investment of the Utility in land acquired or facilities constructed or to be constructed in the public interest within a reasonable time into the future, and unless extended by the Authority, not to exceed twenty-four (24) months from the end of the historical test period (' 22 ~. used to set those rates, and provided the Utility demonstrates its commitment and ability to provide, complete, and bring those facilities on line within the prescribed time period. 3. In establishing initial rates for a Utility, the Authority may project the financial and operational data submitted by the Utility to a point in time when the utility is expected to be providing utility service at a reasonable capacity. 4. The Authority, in fixing rates, may determine the prudent cost of providing service during the period of time the rate(s) will be in effect following the entry of a Final Order of the Authority relating to the rate request from the Utility, and may use such costs to determine the revenue requirements that will allow the utility to earn a fair over-all rate of return on its rate base. H. Contributions-in-Aid-of-Construction: (CrAC). r- ) 1. The Utility shall not include any CIAC in its rate base during any rate proceeding and no accumulated depreciation on any CIAC shall be used to reduce rate base. However, depreciation expenses on CIAC may be accounted for by the Utility as an operating expense of providing utility service. The Utility can charge fair and reasonable sums for such depreciation expenses, but if it does so, the Utility shall actually deposit all such sums into a depreciation reserve account, whereby it shall become cash CIAC. Cash CrAC shall be expended only as specified below in subparagraph (2). .~ ! 2. CIAC CaDital not to be Included in Rate Base. Except to the extent reflected in the Utility's rates, fees, or charges resulting from expensed deductions for reasonable depreciation on CIAC, no Utility may collect any sum from any customer based upon any CIAC. If such sums were collected while the Utility was under the juriSdiction of the FPSC and the total on hand exceeds $5,000, all such sums shall be deposited by the Utility into a fully funded, interest bearing CIAC reserve account established with a local financial institution. Such funds in that reserve account, including all interest accruing thereon, may be used by the Utility without specific Authority approval only for the following purposes: for replacing CIAC retired from service at the end of its useful life; also to finance improvements to CIAC assets necessitated by advances in technology or government regulation; also to finance relocation of CIAC necessitated by factors beyond the control of the Utility; also to pay the proportionate share of income tax actually owed by the Utility attributable to the revenue represented by those funds deposited in said CIAC reserve account. All property replaced, constructed, improved or relocated with funds withdrawn from the said CIAC reserve account shall thereafter be classified as CIAC to the full extent of such expenditures. "Replaced" in this context means the construction or installation of utility plant in place of retired property, together 23 . with the removal of the property retired, in accordance with the standards of the National Association of Regulatory Utility Commissioners (N.A.R.U.C.). 3. The Authority may authorize the Utility to expend CIAC cash funds for any other public service and/or CIAC contractual requirements of the Utility, including taxes on the contributed funds, construction of new capital assets, or for reimbursements or credits pro rata to the customers of the Utility. . 4. Annual Statement of Withdrawals. A detailed statement of purpose of withdrawals by the Utility from said CIAC reserve account during each fiscal year of the Utility shall be submitted to the County as a part of the Utility's annual financial required by this Ordinance, along with a letter from the Utility agreeing to reimburse that account for any amount withdrawn that the Authority determines was not consistent with this subsection (H). If the Authority does not make such a determination within one hundred and twenty (120) days of the filing of the letter, the Utility is relieved from any further liability toward the County with respect to such withdrawals. 5. It shall be a violation of this Ordinance and of the Utility's Franchise Certificate to expend monies from the CIAC reserve account for any purpose not expressly authorized herein or otherwise authorized in advance by the Authority. Any unauthorized expenditure of money from the CIAC reserve account is a separate violation of this Ordinance and is grounds for revocation of the Utility's Franchise. 6. CrAC Tax "mact Escrow Account. Refer to the Rules of the Board for utilities authority, to collect monies equal to the "impact tax" resulting from the January 1, 1987 repeal of Section 118(b) of the Internal Revenue Code of the United States. I. Rate IndexinQ. . 1. On or before May 15 of each calendar year, the Authority shall adopt a price index for water and wastewater Utilities, which price index shall be equivalent to the price index established annually by the Florida Public Service Commission (FPSC). The index shall be the price index used by all Franchised Utilities until the Authority authorizes a change. 2. A Utility may not implement an index increase between the official filing date of a rate proceeding and one (1) year thereafter unless the rate case was withdrawn by the Utility. Pass-through expenses and expenses disallowed or adjusted in the Utility's then most recent rate case proceeding shall be excluded. A Utility may not use indexing to increase any operating costs for which an adjustment has been or could be made as a pass-through, or to increase its rates by application of a price index other than the price index authorized by the Authority at the time of that filing. 24 ....~., .--~ . 3. Procedures. Refer to the Rules of the Board for the procedures to implement rate changes by rate indexing. 4. If the Utility files its Annual Report on other than a calendar year basis, to apply for a change in rates by application of the index, the Utility shall file additional supplemental information to segregate expenses, revenues and customer billing data on a calendar year basis. The source for this pro rata distribution shall be the Utility's Annual Report. 5. The maximum allowable increase resulting from the application of the rate index shall be no greater than the rate index. The provisions of this subparagraph do not prevent a Utility from seeking a change in rates pursuant to a full rate case or a staff assisted rate case. 6. After Authority approval of an indexed rate increase, the Utility shall notify each of its customers of the increase in each customer's next rate billing that is issued more than fifteen (15) days after that Authority approval. 7. No Utility shall implement any rate change pursuant to indexing unless it has filed with the County its current Annual Report and, if applicable, Audited Financial Statement, as required by this Ordinance, and the Utility is then current in the payment of its franchise administration fee. 8. If, within fifteen (15) months after the filing of an Annual Report as required by this Ordinance, the Authority finds that the Utility exceeded the range of its last authorized rate of return after an indexed increase in rates, implemented in the preceding year, the Authority may order the Utility to refund the overcharge, with interest, to the rate payers and to adjust its rates accordingly. This provision shall not require a bond or corporate undertaking not otherwise required by the Authority. J. Pass-Throuah of Rate Increases or Decreases. 1. The approved rates of any Utility which receives all or any portion of its utility service from a Govemmental Agency or from a water or sewer Utility regulated by the County under this Ordinance, and which redistributes that service to its utility customers, shall be automatically increased or decreased without hearing, upon verified notioo to the Authority at least thirty (30) days prior to its implementation of the increase or decrease, that the rates charged by the Governmental Agency or other supplying Utility have changed. The approved rates of any Utility that are subject to an increase or decrease in the rates that it is charged for electric power or the amount of ad valorem taxes assessed against its used and useful property, or regulatory assessments, or the imposition of any new change by a Governmental Agency other than a fine or 25 . . . penalty, may be increased or decreased by the Utility, without formal action by the Authority, upon verified notice from the Utility to the Authority at least thirty (30) days prior to its implementation of the increase or decrease, that the rates charged by the supplier of the electric power or the taxes or charges imposed by the Governmental Agency have changed. The new rates shall reflect the amount of the change of the ad valorem taxes and/or rates imposed upon the Utility by the Governmental Agency, other utility, or supplier of power. The approved rates of any Utility may be automatically increased, without hearing or formal action by the Authority, upon verified notice to the Authority at least thirty (30) days prior to implementation of the changes, that costs have been incurred for water quality or wastewater quality testing required by the Department of Environmental Protection, the South Florida Water Management District, or other Governmental Agency. The new rates shall reflect, on an amortized basis, the cost of, or the amount of change in the cost of, required water quality or wastewater quality testing performed by laboratories approved by the Department of Environmental Protection or the South Florida Water Management District. However, no new shall reflect any costs then already included in the Utility's rates. 2. A Utility may not use pass-throughs to increase its rates as a result of water quality or wastewater quality testing or an increase in the cost of purchased water services, wastewater services, or electric power, or in assessed ad valorem taxes, or regUlatory assessments which increase was initiated more than twelve (12) months before that filing by the Utility. The provisions of this subsection do not prevent a Utility from seeking a change in rates pursuant to other provisions of this Section, (Rates). 3. Before implementing a change in rates under this subsection, the Utility shall file an afIIrmation under oath as to the accuracy of the figures and calculations upon which the change in rates is based, stating that the change will not cause the Utility to exC$8d its last authorized rata of return, or if no authorized rate of return exists, the actual averaged rate of return experienced by that Utility for the twelve (12) month period commencing not more that fifteen (15) months prior to the filing. 4. If the adjustment in rates is based upon an increase or decrease in the charges for purchased water, wastewater treatment, or electric power, the verified notice shall include information required by Rule of the Board. 5. The Utility shall notify each customer of each such change in rates and explain the reason(s) for such change. Such notice may be included in the customer's next utility bill that is delivered more than fifteen (15) days after implementation of such change. 26 .- ~ 6. If necessary for the Authority to determine issues of the appropriate rate of return due to a change in rates under this subsection, the Authority may require the Utility to file additional information. 7. The Authority may require the Utility to refund excess rates, with interest, if it is determined by the Authority that the authorized rate of return has been exceeded, and to adjust its rates accordingly. 8. A Utility may not adjust its rates pursuant to this subsection more than two (2) times in any twelve (12) month period, without specific authorization from the Authority. 9. The Official Date of Filing for the verified notice shall be at least thirty (30) days before any of the new rates can be implemented. 10. No Utility shall implement any rate change pursuant to this subsection unless it has filed with the Authority its current Annual Financial Report and, if applicable, Audited Financial Statement as required by this Ordinance, and the Utility is then current in the payment of its franchise administration fee. --., 11. Minimum Filina Reauirements. Before implementing any change in rates under this subsection, the Utility shall file such minimum filing requirements as then required by Rule of the Board, along with an affirmation under oath as to the accuracy of the figures and calculations upon which the change in rates is based, stating that the change (or changes) will not cause the Utility to exceed the maximum of its last authorized rate of return. Whoever makes a false statement in the affirmation required hereunder, which statement he does not believe to be true in regard to any material matter, may be subject to prosecution for a misdemeanor, punishable as then provided by law. 12. If, within fifteen (15) months after the filing of an Annual Report as required by this Ordinance, the Authority finds that the Utility exceeded the range of its last authorized rate of return after an adjustment in rates, as authorized by this subsection, implemented in the preceding year, the Authority may order the Utility to refund the difference, with interest, to the rate payers and to adjust its rates accordingly. This provision shall not be construed to require a bond or corporate undertaking not otherwise required by the Authority. ~ 13. No adjustment in rates shall be implemented by the Utility until approved by the Authority. The Authority shall approve or reject requested pass-throughs within ninety (90) days from the Official Date of Filing. If the Authority fails to approve or deny the requested pass-through within that time 27 . period, all pass-throughs applied for in that application shall be deemed to be approved by the Authority. 14. A Utility may not adjust its rates under this subsection more than two (2) times in any twelve (12) month period. Simultaneously filed applications shall considered as one (1) rate adjustment. K. Leveraae Formula - Rate of Return on Eauitv. The Authority may regularly, not less often than once each year, establish a leverage formula or formulas that reasonably reflect the range of returns on common equity for an average water or sewer utility and which, for purposes of this section, shall be used to calculate the last authorized rate of return on equity for any Utility which otherwise would have no then established rate of return on equity. In any proceeding in which an authorized rate of return on equity is to be set, a Utility, in lieu of presenting evidence on its rate of return on common equity, may request that the Authority adopt the range of rates of return on common equity that has been established under this subsection (K). L. Full Rate Cases. No Small Utilities need file any full rate cases. . 1. Factors to be Considered. In every rate proceeding, the Authority shall consider the value and quality of the service and the cost of providing the service, which shall include, but not be limited to, debt interest, the Utility's requirements for cash wor1dng capital, maintenance, depreciation, taxes and operating expenses incurred in the operation of all property used and useful in providing Utility service, plus a fair return on the investment of the Utility in property used and useful in the public service. The Authority may consider the rate history and experience of the Utility, revenues received and expenses incurred through the operation of non-regulated services by the Utility when those operations involve the use of Utility assets, and any co-mingling of revenues received or a sharing of expenses incurred by the Utility, the consumption and load characteristics of the various classes of customers, and public acceptance of the rate structures. 2. The Authority shall determine the reasonableness of rate case expenses and shall disallow all rate case expenses determined by it to be unreasonable. No rate case expense determined to be unreasonable shall be paid by any customer. In determining the reasonable level of rate case expense, the Authority shall consider the extent to which the Utility has utilized or failed to utilize rate indexing and pass-throughs along with any other criteria as may be established by Rules of the Board. Refer to the Board's Rules for minimum Filing Requirements. . 3. The Authority may withhold consent to the operation of any rate request or any portion thereof by issuing its Order to that effect within ninety 28 '-. i-~ ~ (90) days after the Official Date of Filing of the rate request. The Order shall state all reasons for the withholding of consent. The Authority shall provide a copy of the Order to the Utility and all interested persons who then have in writing requested such written notice. Such consent shall not be withheld for a period longer than eight (8) months following the official date of filing. Except for staff assisted rate cases, limited pro~edings, price indexing, and pass- throughs, the new rates or all or any portion thereof not consented to may be placed into effect by the Utility under a bond, escrow, or corporate undertaking subject to refund at the expiration of such periOd upon notice to the Authority, and upon filing the appropriate tariffs. The Authority upon request of the applicant shall determine whether the corporate undertaking may be filed in lieu of the bond or escrow. The Utility shall keep accurate, detailed accounts of all amounts received because of such rates becoming effective under bond, escrow, or corporate undertaking subject to refund, specifying by whom and in whose behalf such amounts were paid. In its Final Order relating to such rate request, the Authority shall direct the Utility to refund, with interest at a fair rate to be determined by the Authority in such manner as it may direct, such portion of the increased rates which are found not to be justified and which are collected during the period specified. The Authority shall provide by Order for the disposition of any monies not refunded, but in no event shall such funds accrue to the benefit of the Utility. Unless extended in the particular case for good cause, the Authority shall take final action on the docket and issue its Final Order within twelve (12) months ofthe Official Date of Filing. M. Not-for-Drofit Corooration Rates. The rates, fees and charges for every Public Utility owned and operated by a not-far-profit corporation or association shall be determined and set by the Authority to provide funds which with other funds available for such purposes, are sufficient at all times to pay the costs of maintaining, repairing and operating the system, including reserves for such purposes, and for replacement of necessary assets, and to pay the principal or and interest on any bonds as the same may become due, and to fund reserves, and to provide for making such payments. N. Comoliance witH Standards of Ooeration. The Authority may condition the granting of new rates, charges, and fees of any franchisee upon compliance by that franchisee with the standards of operation required pursuant to the provision of this Ordinance and all other applicable state and federal laws. O. Staff Assisted Rate Cases. 1. Staff assisted rate cases are intended to provide the small utility with a means to obtain rate relief through staff-assistance and thereby try to reduce rate case expenses of the Utility and its customers. These cases must be initiated by letter request of the small Utility. 29 . 2. The Utility, by requesting a staff assisted rate case, thereby agrees to accept the final rates and charges as approved by the Authority unless such final rates and charges actually produce less revenue than the previous mix of rates and charges. The Utility may withdraw an application for a staff assisted rate case at any time. 3. Small Utilitv. To be considered for a staff assisted rate case, the Utility must meet all of the following requirements unless specifically modified by Rule ofthe Board: a. For the Utility's then most recent annual report, annual gross revenues may not exceed $75,000 for water or sewer service, or exceed $150,000 for both water and sewer services. current. b. Payment of all franchise administration fees must be c. All annual reports due to the County must be filed. . d. Unless waived by the Authority for good cause, all minimum filing requirements must be fulfilled. Refer to the Rules of the Board for those requirements. e. Unless waived by the Authority for good cause, the Utility must pay at the time of the application a non-refundable filing fee equal to one percent (1%) of net income earned by the Utility during the preceding twelve (12) month test period, but not less than fifty dollars ($50.00). f. The Executive Director of the Authority will schedule the staff assisted rate case and notify the Utility of the schedule. g. Staff assisted rate case applicants shall not implement any rate change based upon failure of the Authority to make any final decision on the Utility's application within any specified. time period, such as eight (8) months. h. Initially, determinations of eligibility for staff assistance will be conditional pending examination of the condition of the applicant Utility's books and records. After an initial determination of eligibility, the Authority shall examine the books and records of the Utility before making a final determination of eligibility for staff assistance. . P. Rate Inveatiaations. On its own motion or on a written complaint signed by a person applying for or receiving utility services from a Utility, or by request of a Utility itself, the Authority may investigate to determine if the rates 30 ..~. . charged or collected by a Utility, or if the Utility's practices affecting the rates, are unjust, unreasonable, discriminatory, or non-compensatory, or are in violation of this Ordinance, or Rule of the Board. If it appears that any change may be appropriate, the Authority hold a public hearing to determine just and reasonable rates, fees, or practices to be charges thereafter. Public notice of the public hearing shall by published one (1) time in a newspaper of general circulation in the County at least ten (10) days before the hearing. Notice ofthe hearing shall be given to the Utility and to the complainant, if any, at least thirty (30) days before the date of the hearing. SECTION 1-6. INTERIM RATES, PROCEDURE. L~ A. The Authority, during any proceeding for a change of rates, upon its own motion, or petition from any party, may issue an Order to authorize the collection of interim rates until the effective date of the Final Order of the Authority. Such interim rates may be based upon a test period different from the test period used in the request for permanent rate relief. To establish a prima facie entitlement for interim relief, the Authority, the petitioning party or the Utility shall demonstrate that the Utility is earning outside the range of reasonableness on rate of retu rn. 8. In authorizing an interim increase in rates, the Authority shall authorize, within ninety (90) days of the filing for such relief, the collection of rates sufficient to earn a rate of return at the minimum of the range of the last authorized rate of return. The difference between the interim rates and the previously authorized rates shall be collected under bond, escrow, letter of credit, or corporate undertaking, and be subject to refund with interest at an interest rate ordered by the Authority. C. In a proceeding for an interim decrease in rates, the Authority shall authorize, within ninety (90) days of the filing for such relief, the continued collection of the previously authorized rates. However, revenues collected under those rates suflicientto reduce the achieved rate of return shall be placed under bond, escrow, letter of credit, or corporate undertaking subject to refund wi1h interest at a rate ordered by the Authority D. The Authority, upon written request and justification from the Utility applicant, shall detennine whether escrow, letter of credit, or corporate undertaking may be filed in lieu of the bond. . E. In granting interim rate relief, the Authority, upon petition or upon its own motion, may preclude the recovery of any extraordinary or irTllrudently incurred expenditures or, for good cause shown, increase the amount of the bond, escrow, letter of credit, or corporate undertaking. 31 . F. Any refund ordered by the Authority shall be calculated to reduce the Utility's rate of return during the pendency of the proceeding to the same level within the range of the newly authorized rate of return which is found fair and reasonable on a prospective basis, but the refund shall not be in excess of the amount of the revenues collected subject to refund and in accordance with subsection (8), above. In addition, the Authority may require interest on the refund at an interest rate established by the Authority. G. In setting interim rates or setting revenues subject to refund, the Authority shall determine the revenue defiCiency or excess by calculating the difference between the achieved rate of return of a Utility and its required rate of return applied to an average investment rate base or an end-of- period investment rate base. H. For purposes of this Section: 1. "Achieved rate of return" means the rate of return earned by the Utility for the most recent twelve-month period. The achieved rate of return shall be calculated by applying appropriate adjustments consistent with those which were used in the most recent rate case of the Utility and annualizing any rate changes occurring during such period. . 2. "Required rate of return" shall be calculated as the weighted average cost of capital for the most recent twelve-month period, using the last authorized rate of return on equity of the utility, the current embedded cost of fixed-rate capital, the actual cost of short-term debt, the actual cost of variable- cost debt, and the actual cost of other sources of capital which were used in the last rate case of the Utility or last proceeding where the Utility's rate base was established. 3. In a proceeding for an interim increase, the term "last authorized rate of return on equity", above, means the minimum of the range of the last authorized rate of return on equity established in the most recent rate case of the Utility. In a proceeding for an interim decraase, the term "last authorized rate of return on equity", above, means the maximum .ofthe range of the last authorized rate of return on equity established in the most recent rate case of the Utility. . I. Nothing in this Section shall be construed to prohibit the Authority from authorizing interim rates for a Utility that does not then have an authorized rate of return previously established by the Authority. J. Prior to the Authority issuing an Order to authorize the collection of interim rates, the Authority may hold a public hearing to issue its Order thereon. 32 .-. SECTION 1-7. OFFICIAL DATE OF FILING. Within thirty (30) days after receipt of an application, rate request, or other written document for which an Official Date of Filing is to be established, the Executive Director of the Authority or the Authority shall either determine an Official Date of Filing or issue a statement of deficiencies to the applicant, specifically listing why that application failed to meet the applicable minimum filing requirements. Such statement of deficiencies shall be binding upon the Authority to the extent that, once the deficiencies in the statement are satisfied, the official date of filing shall be promptly established as provided herein. Thereafter, within twenty (20) days after the applicant indicates to the Authority that it believes that it has met the minimum filing requirements, the Authority or its designee shall either determine the Official Date of Filing or issue another statement of deficiencies, listing specifically why the minimum requirements have not been met, in which case this procedure shall be repeated until the applicant meets the minimum filing requirements and the Official Date of Filing is finally established. When the Authority initiates a hearing, the official date of filing shall be the date upon which the order initiating the hearing is issued. SECTION 1-8, MISCELLANEOUS PROVISIONS. t-9 A. All of the substantive criteria, requirements and provisions which the Authority and the Board are required to follow in making any decision as provided for under this Ordinance and/or Rules of the Board, whether or not expressly stated in each such criteria, requirement, provision or Rule, as being applicable to the Authority and/or the Board, shall be binding upon the Authority and the Board in making and issuing decisions and orders on all matters. If the issue is not covered by any such criteria, requirement, proviSion or Rule, refer to the Rules of the FPSC as then published in the Florida Administrative Code. B. All references in this Ordinance to Florida Statutes and Rules in the Florida Administrative Code shall automatically include all amendments to all of same without inserting any such changed reference into this Ordinance or in the Rules ofthe Board. C. Customer DeDosits and Interest Thereon. If a Utility requires a deposit from its customers, it shall, at least once each year, credit to each respective customer account, pro rata all interest accrued on the principal. Such accrued and unpaid interest shall be credited or paid to the customer when the customer discontinues that account . D. No public hearing is required to decide a case or issue, unless a public hearing is specifically required by this Ordinance. 33 . E. The minutes and transcript of the hearing and any relevant material submitted at or before the hearing shall be considered as part of the record of the application and any proceeding directly related thereto. F. Extensions of reauired time oeriods. Unless prohibited by law, the Authority, for good cause, may grant extensions to time periods specified in this Ordinance or in Rules of the Board. G. Matters of Drocedure not SDecificallv orovided for. The County may refer to all Procedural Rules of the FPSC (that relate to water and wastewater utilities) for guidance on how to determine an issue of procedure that is not specified in this Ordinance, by Rule of the Board, or by Rule of the Authority. The FPSC Procedural Rules now consist of Chapter 25-22, Florida Administrative Code (FAC.). . H. Substantive Matters not soecificallv Drovided for. The County may refer to the FPSC Rules for Water and Wastewater (currently Chapter 25-30, FAC.) for guidance as needed. Except to the extent specified otherwise in this Ordinance, Rule of the Board, or Rule of the Authority, the County shall endeavor to treat an issue the same as the FPSC would then treat that issue. Orders of the FPSC are not binding on the County, but may be considered by the County and will be followed unless it is decided that the FPSC's policy of the respective issue is not in the public interest for the County. No rule of the FPSC shall per se grant to any person or entity any procedural or substantive right or privilege not granted in this Ordinance, Rule of the Board, or Rule of the Authority, or require any duty or obligation not required or authorized to be required by this Ordinance, Rule of the Board, or Rule of the Authority. I. The Board, through its Rules, may provide for Applications for Funds Prudently Invested (AFPI) Charges, for Declaratory Statements, and for any other procedures not otherwise provided for in this Ordinance. The Board may incorporate Rules of the FPSC by specific reference thereto. ( SECTION 1-9. CHARGES FOR SERVICE AVAilABILITY. A. No Utility shall create or give an undue or unreasonable preference or advantage to any person or locality, or subject any person or locality to any undue or unreasonable prejudice or disadvantage in any respect . B. If the furnishing of service by a Utility requires the extension of or addition to its existing facilities, the Utility may require the applicant for such service to pay reasonable sums for service availability or reasonable deposits guaranteeing compensatory revenues from the service territory to be served, or reasonable contributions-in-aid-of-construction to help defray the costs of facilities which will be used and useful in furnishing that service, or reasonable 34 . construction or other advances evidenced by refundable or non-refundable agreement(s), or any combination thereof, as a condition precedent to furnishing that utility service. The Authority, upon request or upon its own motion, may investigate service agreements or proposals for charges and conditions for service availability. Each Franchisee must, upon request of the Authority, provide a copy of any such agreement requested at no cost to the County. C, The Authority may set or approve just and reasonable charges and conditions for service availability. The Board, by Rule, may set standards for and levels of service availability charges and service availability conditions. Such charges and conditions shall be just and reasonable. SECTION 1-10. UTILITY SERVICE. -. A. Each Utility, within a reasonable time, shall provide service to the territory described in its Franchise Certificate. If the Authority finds that a Utility has failed to provide timely service to any persons reasonably entitled thereto, or finds that extension of that service to any such person can be accomplished only at an unreasonable cost and that transfer of the subject territory to another Utility is reasonable, and feasible, it may issue a Final Order to amend the Franchise Certificate to delete the territory not being served or not being properly served by the Utility. If utility service has not been provided to any part of the territory which a Utility is authorized to serve, whether or not there has been a demand for such service, within five (5) years after the date of the County's first authorization for such service to such part of the territory, the Authority may issue a Final Order to amend or revoke such authorization for service, including deletion of that territory from the certificated area of the Utility. B. Each Utility shall provide to each person reasonably entitled thereto such safe, efficient, and sufficient utility service as is prescribed by the Florida Safe Drinking Water Act currently (F.S. Subsection 403.850, et seq.) and the Florida Air and Water Pollution Control Act currently (F.S. Subsection 403.011, et seq.) and/or rules adopted pursuant thereto, or, if applicable, Chapters 17- 550, 17-555, 17-560 or DHRS Chapter 1004, Florida Administrative Code, or the successor in function of each; also such service shall not be less safe,less efficient, or less sufficient than is consistent with the approved engineering design of the particular system and the reasonable and proper operation of the Utility in the public interest. If the Authority finds that a Utility has failed to provide its customers with water that meets the standards promulgated by the Department of Environmental Protection or the South Florida Water Management District, the Authority may issue a Preliminary Order to reduce the Utility's return on equity until such time as the standards are met. Such a procedure shall not affect any other possible remedy under this Ordinance or by law. '~~ 35 . C. No Franchisee for a water system and/or a seWerage system in the same service area shall provide installations, pipes, lines and laterals for both systems so that one system shall be extended without the other system being extended at the same time, unless justification for such extension is approved by the Authority. . D. Collier County Water and Sewer Utility ImDact Fee Reauirement. No franchisee that is then receiving water supplied by the Collier County Water and Sewer Utility System shall sell such water or provide water or sewer hookups to any customer unless the customer provides evidence to the Franchisee that all applicable building permits required by Collier County have been issued and all required Collier County water and/or sewer impact fees have been paid to Collier County for all structure and sites for which water or sewer service is requested. Where applicable permits have not been issued and/or required fees have not been paid to the County, no Franchisee receiving water from the Collier County Water and Sewer Utility System shall enter into an agreement to sell water or provide water and/or sewer hookups to a customer at a future date, except as a party to a development agreement with the customer and Collier County which complies with the provisions of Section 163.3220 through 163.3243, Florida Statutes, or any and all successor paragraphs in function. Any other form of agreement or understanding shall be void and unenforceable to the extent that it purports to commit to the sale by such Franchisee of water, water hookups, sewer hookups, or EDU's of water or sewer capacity in the future. SECTION 1-11. SERVICE FOR RESALE, The Authority may issue a Preliminary Order to require a Utility to provide service for resale or to modify or discontinue service for resale. However, before requiring the provision of such service, the Authority shall first find that the Utility is financially able to make such additional investment as is required without impairing its capacity to serve its existing customers and its committed to future customers. This determination shall be made according to the Board's Rules. Any Utility which provides service for resale shall provide such service upon terms and conditions established by the Authority, and no Utility shall discontinue such any such service without approval from the Authority. In the event a Governmental Agency voluntarily enters into an agreement for resale, such agreement shall provide that such service will not be discontinued without ninety (90) days advance notice being given to the purchaser prior to discontinuing such service. Nothing contained herein shall be construed to prohibit any Governmental Agency from requiring adequate security be given to such Governmental Agency to ensure payments required in the respective agreement. . SECTION 1-12. REGULATORY FEES, 36 -- . A. Only the Board may establish and amend regulatory fees. B. First Installment of Reaulatorv Fee. Each Utility holding a Certificate from the Florida Public Service Commission (FPSC) as of the effective date of this Ordinance, shall pay a transitional regulatory fee to the Authority in an amount equal to the amount of regulatory assessment fee which would have been paid by the Utility to the FPSC for that calendar quarter as if that Utility were still under the FPSC's Chapter 367, Florida Statutes, jurisdiction. That initial fee shall be paid to the County not later than the date that such fee would have been paid quarterly to the FPSC as if that Utility were then still regulated by the FPSC. (-., C. In addition to the said transitional regulatory fee as denoted above, each Utility shall pay a regulatory fee to the Authority in quarterly installments. Notwithstanding the transition. there will be no time periOd for which this fee is not applicable. The quarterly installment must be paid within thirty (30) days after the end of the next consecutive fiscal quarter of the Utility. Each quarterly installment must be paid within thirty (30) days of the end of each fiscal quarter of the Utility. With each payment, the Utility shall file with the Chairman of the Authority, a Statement of Gross Receipts for the applicable quarter, sworn to by an authorized financial officer of the Utility. D. After payment of the initial quarter's regulatory fees, the regulatory fee shall be four and one-half percent (4.5 %) of the Utility's gross revenues, derived from the Utility's gross receipts billed within the County for the then last twelve (12) months. Such percentage shall continue until changed by Rule of the Board. Commencing at the beginning of the Utility's second calendar quarter, each Utility that held a Certificates from the FPSC shall decrease its rates pro rata to eliminate the difference between the regulatory fee the Utility was required to pay to the FPSC and the regulatory fee the Utility must pay to the County. E. The amount of the regulatory fee shall be determined by the Board from time-to-time after public hearing thereon, but shall never become effective earlier than sixty (60) days after adoption of each such implementing Resolution. The fee shall be charged pro rata to the Utility's customers and each Utility may add to its customer invoices a separate line item for the then applicable regUlatory fee to be paid to the County. . F. The regulatory fees are to be used to pay for the ongoing costs of supervising and regulating Utilities in the County and enforcing and administering this Ordinance, including the County's costs for any court appointed receivers, and for operation, maintenance and/or repair to abandoned Franchised Utilities, which may include extraordinary repairs to protect the 37 . health, safety and welfare of the general public. Extraordinary repairs are those that are neither typical nor customary and which occur infrequently, and payment of which shall require Authority approval. G. To account for the time lag between billing and receipt of revenues from its customers, the gross revenues received by the Utility during the first three (3) months of the then last four (4) months shall be the sum used to calculate the regulatory fee to be paid to the County in that respective quarter. However, whenever a sale at wholesale is made of any water or wastewater service, this regulatory fee is not to be paid or payable on such revenues received by the selling Utility provided the Utility purchasing such water or wastewater service resells the same at retail directly to customers, whereupon such fee will be paid based upon those gross receipts by the end-use Utility. Also, revenues derived from the retail sale of water or wastewater service to Governmental Agencies need not be included in determining the amount of such fee. Each Utility that derives fifty percent (50%) or more of its revenues from the unincorporated area of the County, and which is subject to the provisions of this Ordinance as they relate to the Rates charged in the unincorporated areas, shall pay the regulatory fee as provided herein. The fee shall be the gross revenues received from the Utility's customers residing in the unincorporated area of the County. . H. Each Franchisee that fails to promptly submit to the County all required fees and accurate Statement of Gross Receipts within the prescribed period shall pay to the County a late regulatory fee charge of one percent (1%) of the delinquent fee per month, or fraction of a month. I. All fees, including regulatory fees, collected by the County from Utilities pursuant to this Ordinance shall be placed in a separate trust account (called the "Utility Fee Trust Accounf') and such funds shall at all times remain separate and distinct from other County Funds unless and until the subject regulation of Utilities shall be by an entity other then the County, and in such event regulatory fees remaining after paying all expenses of termination of the Authority shall be refunded, with any interest accrued thereon, pro rata to each then regulated Utility. All such funds at the end of each fiscal year of the County shall automatically become the beginning balance for the succeeding fiscal year. SECTION 1-13. APPLICATION FEES. . ADDlication Fees. Only the Board may establish or amend Application fees. Application fees shall be established by, and may be amended from time- to-time, by resolution of the Board after publiC hearing. Any application filed by a Utility shall be accompanied by the applicable application fee. Such fees may be based upon the existing or proposed capacity of the Utility system, inclUding 38 -. proposed additions thereto or planned reductions therefrom in the Utility's then next fiscal year. SECTION 1-14. ANNUAL FINANCIAL REPORTING REQUIREMENT. A. Each Utility shall annually, within one hundred and twenty (120) days of the close of its fiscal year, file with the Authority a Financial Report of its operation in Collier County during the fiscal year. Such report shall be sworn to by the financial officer of the Utility. Any end-of-fiscal-year adjustments in the total regulatory fee paid to the County during the fiscal year then being reported shall be paid concurrently with submission of the annual report, or where an annual report correctly shows that overpayments of regulatory fees had been paid by the Utility during the fiscal year being reported, a Final Order allowing credit for the amount of those overpayments shall be issued by the Authority for the next fiscal year provided the Utility is not then delinquent in the payment of any other monies owed to the County. i-~ B. If a Utility provides utility service in Collier County through a subsidiary or separate operating division of a parent corporation which does business in any location other than Collier County, the annual financial report and an Audited Financial Statement required by this Section shall be provided by the Utility in such form as to clearly reveal the financial details of the Collier County operations separated from all other operational units of the parent corporation. C. If the Utility has an outstanding loan that is secured by utility assets, the Utility must describe in its annual financial report the status of the loan and the status of the utility improvement being paid for by such borrowed funds. D. Each Franchisee that fails to promptly submit to the County all required fees and its accurate annual financial report within the prescribed time shall pay to the County a late charge of one percent (1%) of the delinquent fee per month, or fraction thereof. SECTION 1-115. NOTICE OF PUBLIC HEARINGS. A. Notice of Public Hearina before the Authoritv. 1. A notice of each public hearings before Authority shall contain the name of the applicant, an accurate description of the purposes of the hearing, and the date and time of the hearing before the Authority, . 2. If the public hearing of the Authority is for the purpose of the making its Final Decision on a rate increase, the affected Utility Shall mail a notice to each of its customers by regular mail or placed in its regular bills, but 39 . such posted notices must be received by the utility's customers at least ten (10) days before the date of that scheduled hearing. 3. If the notice is for a public hearing on a matter initiated by the Authority, such notice shall be served by certified mail, return receipt requested, on the affected Utility at least twenty (20) days before the first day of the public hearing and shall be published one (1) time in a newspaper of general circulation in Collier County at least ten (10) days before the first day of the public hearing. 4. Notice for hearings on applications for Limited Proceedings need be delivered only to persons who have in writing delivered to the Executive Director of the Authority requested such notice. Notice regarding Limited Proceedings is required only after the Authority has authorized that the Limited Proceeding is appropriate and has established the minimum filing requirements for the respective Limited Proceeding. B. Notice of Public Hearino before the Board. A notice of public hearing before the Board shall be given as follows: . 1. The notice shall contain the name of the applicant, an accurate description of the purposes of the hearing, and the date of the public hearing before the Board. ( 2. A notice of any public hearing before the Board for the consideration of a Preliminary Order of the Authority shall be served by certified mail. return receipt requested, on the affected Utility at leastten (10) days before the date of such hearing and shall be published one (1) time in a newspaper of general circulation in Collier County at least ten (10) days before the date of that hearing. SECTION 1-16. CONDUCT OF PUBLIC HEARINGS. A. Matters heard by a hearing examiner as well as matters heard by the Authority as a body without a hearing examiner are included within the phrase "hearings before the Authority" or similar phrases. Cases heard by the Authority on consideration of any Order of a hearing examiner are also classified as "hearings before the Authority" or similar phrase. . B. The Chairman of the Authority may call a hearing of the Authority; a hearing also may be called by written notice, signed by at least two (2) regular members of the Authority. Minutes shall be kept of all hearings. All hearings of the Authority shall be open to attendance by the general public except as such times, if any, when the specific subject to be discussed is exempt from public attendance by application of Florida Statute. The Chairman of the Authority will 40 . usually be the presiding officer during hearings before the Authority as a body. In the Chairman's absence, the Vice-Chairman shall be the Presiding Officer. C. Each matter before the Authority shall be presented by the party who initiated the matter or that person's designated representative. All parties to the matter shall be provided an opportunity to appear and present evidence, cross examine witnesses, and present argument on each matter. D. Parties. Parties to a hearing include the applicant, County staff, and non-County employees, if any, retained by the County to represent the County at the hearing; and intervenors. Each party shall be entitled to receive copies of all pleadings, motions, notices, orders, and all other matters filed in the proceeding unless exempt from such disclosure by Florida Statute, by administrative rule of the Florida Administrative Code, or any other controlling law, rule or regulation. If such matters are then exempt from public disclosure as if before the FPSC, such matters shall have a like exemption regarding the County. The County staff may participate as a party in each proceeding. The County staffs primary duty is to see that all relevant facts and issues are brought to the attention of the hearing examiner, the Authority, and/or the Board. -~ E. Filina. Service of Documents. and ComDutation of Time. Refer to Rules of the Board. F. Initial oleadinas. The initial pleading shall be either an application or other filing by a Utility, or by person with standing in the matter, by Resolution of the Board, or by Resolution of the Authority. G. Pleadinas. Pleadings shall substantially conform to the Florida Rules of Civil Procedure as to content, form, size, signatures, and certifications, and shall be served upon all parties. The original and seven (7) copies of all pleadings shall be submitted to the Executive Director of the Authority, except application for any rate change, which shall require an original and ten (10) copies. In specific cases the Executive Director of the Authority may require the applicant to submit additional copies. H. Prehearina Statements. The Presiding Officer may issue an order to require the filing of prehearing statements. Refer to the Rules of the Board. . I. Informal Conferences. The Presiding Officer may require the parties to hold such conferences, exchange such information, and submit such papers as may aid in the organization of the proceeding and efficient disposition of the matter or part thereof. The Presiding Officer may participate in such informal conferences as appropriate. ,\1 . J. Prehearino Notice. Upon seven (7) days written notice to the parties, one or more rehearings may be conducted for the purpose of hearing arguments on pending motions, clarifying or simplifying issues, discussing possibility of settlement of issues or the entire matter, examining documents and exhibits, exchanging names and addresses, and otherwise attempting to resolve the matter. K. Prehearino Orders. The Presiding Officer may issue prehearing orders. Refer to the Rules of the Board. L. Discoverv. Parties may obtain discovery through the means and in the manner provided in Rules 1.280 through 1.400, Florida Rules of Civil Procedure (FRCP). The Presiding Officer may issue appropriate orders to effectuate the purposes of discovery and to prevent delay and unnecessary expenses, and may impose appropriate sanctions under rule 1.380, FRCP, other than contempt or award any expenses or damages. Sanctions may include dismissal of the entire proceeding. . M. Testimonvand Evidence. All testimony at a hearing shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. All witnesses who testify shall be subject to cross-examination. . N. Hearino Before the Authoritv on Matter Referred bv HearinO Examiner. At any hearing before the Authority for the consideration of any order of a hearing examiner, the Authority shall consider the record of the proceedings before the hearing examiner, and the legal arguments of the affected utility, any party, and of staff. No order of the Hearing Examiner shall be binding on the Authority, but the Authority shall rely on the findings of fact found by the hearing examiner unless the Authority determines from a review of the record that each unaccepted finding of fact was not based upon competent substantial evidence or that the proceedings on which the findings of fact were based did not comply with the essential requirements of law. The Authority may not reject the hearing examiners conclusions of law. If the AuthOrity upon review of the record determines that a finding of fact by the hearing examiner cannot be relied upon by the Authority and the Authority determines it may be useful to hear testimony on that issue, the Authority may hear such testimony as may be deemed by the Authority necessary or helpful to determine the issue. O. Public Hearino Before the Authoritv With No Hearina Examiner. At the conclusion of hearing conducted by the Authority without a hearing examiner, or as soon thereafter as practicable, the Authority shall issue its findings of fact based on the evidence of record, and its conclusions of law, and shall issue an Order to afford the proper disposition of the matter consistent with this Ordinance. 42 -. P. Votina Quorum. Decisions of the Authority shall be by motion approved by a majority of those members present and voting, except that at least three (3) members of the Authority must vote in order for the final agency action of the Authority to be official, except to continue a meeting or hearing due to lack of quorum. If the matter is to be determined by review of any order of a hearing examiner, the Authority may affirm all findings and all recommendations of the hearing examiner, or may modify same, subject to the restrictions of subsection N., above. Q. Public Hearina. Definition: Most hearing are not "public hearings." A "public hearing" is an evidentiary hearing where evidence is to be presented and/or witnesses, if any, are to be cross examined, and/or where interested persons have a legal right to be heard. If no hearing is required, action may be taken on the matter by consent agenda. R. Consolidation. Consolidation of proceedings is appropriate if there are separate matters before the respective hearing which involve similar issues of fact or law, or identical parties. Any party to a proceeding may request that it be consolidated with other proceedings. The Hearing Examiner, the Authority, or the Board, may on their own motion, order separate proceedings to be consolidated . /f-' S. Procedure. aenerally. Generally, the Florida Rules of Civil Proceclure shall govern the proceedings before the hearing examiner, the Authority, or the Board, except that the provisions of this Ordinance and/or the Rules of the Board supersede the FRCP where any conflict arises between any of them. If there should be a conflict between this Ordinance and a Rule of the Board, the Ordinance shall prevail if allowed by law. T. Intervention. Except for pass-throughs, indexing, staff assisted rate cases, and transfers to governmental agencies, persons, other than the original parties who can demonstrate a substantial interest in the proceeding and who desire to become party may petition the Presiding Officer for leave to intervene. Each petition must be received by the Executive Director of the Authority at least five (5) work days prior to commencement of the next scheduled hearing date and must include allegations sufficient to demonstrate that the intervenor is entitled to participate in the matter as a matter of law. Interventions may be allowed at any time into the specific proceeding, but all intervenors shall take the matter as they then find it. Intervention shall neller be allowed if the intervention would unduly prejudice any party if the intervenor could have entered into the proceeding at an earlier date. The Executive Director of the Authority shall forward the petition to the respective Presiding Officer. . 43 . U. Public Counsel. There shall be no representation similar to a "public counsel" unless same is provided by and paid for by a party to the proceeding other than the County. v. Hearino Fl<Aminers. 1. Attornev-at-Iaw. Each hearing examiner shall be an attorney- at-law licensed to practice law in Florida and who has experience in the subject matter of the proceeding. . 2_ The Authority may advertise for and select a poll of hearing examiner candidates from which the County Administrator shall select up to six (6) individuals to be on cell to serve as hearing examiners for the Board or the Authority. Appointments may be made for a specific matter, or for a specific period of time up to three (3) years. Each hearing examiner may be reappointed or not at the discretion of the County Administrator. There shall be no limit to the number of reappointments that may be given to any individual hearing examiner. The Board retains authority to remove any hearing examiner appointed by the County Administrator with or without cause, but no hearing examiner may be removed by anyone while the hearing examiner is involved in a matter except by order of a judge. Appointments to fill vacancies in fixed term appointments may be for the remainder of the unexpired term or for a longer term up to a total of three (3) years. ( 3. No hearing examiner may be an employee of Collier County. No hearing examiner shall have any conflict of interest in any matter. Hearing examiners shall be compensated at a rate not to exceed the rate then established by Authority and approved by the County Administrator. Hearing examiners shall be reimbursed for such travel, mileage and per diem expenses as may be authorized by the County and by law. Detailed invoices from each hearing examiner for costs and fees must be submitted not less often than bimonthly to the Executive Director of the Authority for review and approval. 4. Approved costs and fees for each hearing examiner shall be paid out of the Utility Fee Trust Account provided sufficient funds are available therein. 5. The assignment of a hearing examiner to a matter should be a early as possible, and should never be later than by 5:00 P.M. on the publication date of notice of the first day of the respective hearing. . 6. If a hearing examiner becomes unavailable after assignment to a matter, he/she shall as soon as possible notify that unavailability to the Executive Director of the Authority or the Chairman of the Authority. 44 -. 7. Additional matters regarding hearing examiners or other Presiding Officers may be specified in the Rules of the Board. W. ExDert Witnesses, S~bDoenas, Recordation, Due Process Protection. Evidence. Post-Hearinll Procedures. Motions for Reconsideration. Stav Pendina Judicial Review. and Receivers. Refer to the Rules of the Board. X. Continuances. The Presiding Officer may grant a continuance of a hearing for good cause shown or upon stipulation of all parties. Requests for a continuance shall be made in writing or upon oral motion at hearing. Except in cases of emergency, requests for continuance must be made at least five (5) days prior to the date noticed for the start of the hearing. Y. Dismissals. Refer to the Rules of the Board. SECTION 1-17. THE BOARD APPROVAL OF PRELIMINARY ORDERS OF AUTHORITY, A. In order for a Preliminary Order of the Authority to be effective, it must be approved by an order or resolution issued by the Board, with or without modifications, at any regular or special meeting of the Board. /~~ B. Any party, including an individual customer of a Utility, Who is dissatisfied with any Preliminary Order of the Authority may object to possible approval of such order by the Board by filing with the Clerk of the Board a written notice of objection within ten (10) days of issuance of the Preliminary Order of the Authority. Upon the filing of such notice, the Board may set a public hearing to consider that Preliminary Order, may review any record from the proceedings before the Authority, and/or hear legal arguments related to that Preliminary Order. Based upon such information, the Board shall decide whether to approve, amend and approve, reverse the Preliminary Order, remand the matter back to the Authority or to a hearing examiner, or take other action as the Board deems appropriate. C. In the event a notice of objection is not filed within ten (10) days of issuance of a Preliminary Order of the Authority, the Board may confirm such order without a hearing, whereupon the Preliminary Order shall take effect as specified by the Board. Unless otherwise specified, the order shall become fully effective upon approval by the Board. D. In the event a notice of objection is not filed by any party within ten (10) days of issuance of the Preliminary Order, any member of the Board may nevertheless object to full approval or approval of any provision thereof. . 45 . E. Final Order of the Authoritv. A Final Order of the Authority shall take effect upon as directed by the Authority without any confirmation by the Board. F. Public Hearina before the Board. Each public hearing before the Board shall be conducted as follows: 1. A hearing may be called by a majority vote of the Board. Minutes shall be kept of all hearings and all hearings and proceedings shall be open to the public. 2. Each case before the Board shall be presented by the party who initiated the hearing. All parties shall be provided an opportunity to appear and present argument on such case. Except in exceptional cases and for good cause, the Board will not hear testimony from witnesses, but will hear argument from attorneys or other authorized representatives of the parties. . 3. At any public hearing before the Board for the consideration of a Preliminary Order, the Board may consider the record of the proceedings before the Authority and the legal arguments of the affected utility, any party, and of staff. No Preliminary Order of the Authority shall be binding on the Board. The Board may rely on the findings of fact found by the Authority unless the Board determines that the specific finding of tact was not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with the essential requirements of law. If the Board determines that any unaccepted finding of fact cannot be relied upon by the Board, or the Board determines it may be useful to have additional brief testimony in the matter, then the Board may hear such brief testimony or refer the matter to a hearing examiner or back to the Authority to establish such additional record evidence. 4. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. All witnesses who testify shall be subject to cross-examination. G. An order of the Board shall be issued in each matter as soon as practicable, but, except for extensions by the Board for good cause, not later than the applicable time limitations provided under this Ordinance or by the Rules of the Board. SECTION 1-18. POWERS OF THE BOARD. . In addition to its power and authority as otherwise specified elsewhere in this Ordinance, the Board has the following powers: 46 . 1. Board Intervention. If the Board finds that the rates, fees, charges, measurements, practices, or contracts of a Utility are unjust, unreasonable, insufficient, discriminatory, or otherwise in violation of this Ordinance, or of the Utility's Franchise, rules and regulations; or if an exemption from regulation under this Ordinance was granted based on any false information supplied to the County by the applicant for that exemption, the Board may order such measures as it deems necessary. Such measures include requirement by the person to apply to the County for a Franchise Certificate, or to set fair and reasonable rates, fees, charges, rate classes, and/or customer classifications; to change the Utility's rules and regulations; to require repairs, improvements, extensions and/or additions to the plant and/or equipment of the Utility as are deemed necessary to promote the health, safety or welfare of the public served and committed to be served by that Utility; also to secure adequate service or facilities for those reasonably entitled thereto. The Board, for good cause, may intervene into any proceeding of the Authority at any time. The Board may in an emergency summarily take any matter away from the Authority and assume jurisdiction over the matter. 2. To issue a Final Order approving, modifying, denying, revoking or authorizing transfer of a Franchise Certificate; (--. 3. To employ and fix the compensation for Hearing Examiners, and/or such technical, legal and clerical employees as it deems necessary; 4. In respect to the conduct of its hearings pursuant to this Ordinance: a. To adopt rules by Resolution for the conduct of its hearings under this Ordinance; and b. To take testimony under oath; 5. By Resolution, to adopt and amend rules appropriate for the administration and enforcement of this Ordinance; 6. To, by other ordinance of the County, prescribe and enforce rules and regulations for the protection of the health, safety and welfare of the citizens of Collier County, Florida, including but not limited to water quality, quantity and pressure, fire protection, disaster preparedness, and wastewater collection, treatment and disposal; . 7. To construct, operate and maintain publicly owned water and sewer utilities, and enter into agreements with other govemmental agencies, other utilities, and other legal entities and individuals, for all legal purposes connected with such construction, operation, or maintenance, including and not limited to 47 . . . agreements with Utility Franchisees for the reservation of specific quantities of water supply, water and/or sewerage treatment capacity, and sale and purchase of water and/or wastewater effluent or service. Such an agreement between the Board and a Utility Franchisee shall constitute an amendment to that Franchisee's franchise and may provide for rate adjustments pursuant to the terms of the agreement without the necessity of a rate hearing. No public hearing shall be required for amendment of a franchise by entering into or operation of such an agreement. 8. To exercise all powers and do all things necessary or convenient to the full and complete exercise of its jurisdiction and the enforcement of its orders and requirements, including approve court actions pursuant to Section 1-3 (13) herein. 9. Pursuant to Section 1-12 of this Ordinance, to establish and, if needed from time-to-time, amend the regulatory fee that must be paid by all utilities that are subject to the provision of this Ordinance. 10. Appoint members to the Authority; remove members from the Authority. 11. Pursuant to Section 1-13 of this Ordinance, amend the applicable Application Fees payable to the County. ( SECTION 1-19, APPLICATION FOR TRANSFER OF FRANCHISE A. The Board has Final Order authority under this Section. When a Utility proposes to sell, assign, or otherwise transfer its Franchise Certificate, its system facilities or any portion thereof, or majority organizational control, the franchisee must apply to the Authority for prior determination and approval from the Authority that the proposed sale, assignment, or other transfer is in the public interest and that the buyer, assignee, or any other transferee can and will fulfill the commitments, duties, and obligations, and of the existing Utility. The minimum filing requirements shall be as specified by Rules of the Board. B. The transferor shall remain liable for any outstanding regulatory assessment fees, fines, or refunds of the Utility due to the County. C. The application fee may be waived is the proposed transferee is a Governmental Agency. D. Authority ~[minations. FOllOwing a det~[minatlon by Preliminary Order of the Authority that the application is complete, the Board may grant, deny, or amend the Preliminary Order or application for any for transfer upon such conditions as it deems proper, and after requiring such further relevant 48 '-. information as it deems necessary; The Authority and the Board may consider whether: 1. The Application is made in good faith; 2. The transferee has sufficient resources to serve the area for which the transfer is sought; 3. The transferor Utility is in regulatory compliance; 4. The known and projected economic impact on the Utility's customer base and the Utility's future rates, fees and charges; 5. The application conflicts with the County's Master Land Use Plan, including capital improvements elements. E. Transfer to Homeowners' Association. Transfers to homeowners' association or any similar group shall be subject to the above stated provisions, plus the following additional provisions: 1-' 1. The transferee shall be a corporation not-for-profit organized under the laws of the State of Florida. All users of the utility service(s) of the Utility must be members of the corporation and be entitled to one (1) vote regarding the affairs of the corporation, including the rates, fees and charges to be charged by the Utility. 2. The members of the corporation must have voted to purchase or otherwise acquire the Franchise not more than one hundred and twenty (120) days prior to the filing of the application for transfer. The majority vote required shall be not less than the percentage required by the corporate charter and/or by-laws of the corporation, and in no case less than fifty percent (50%) of all members, plus one (1) member. . F. Transfer to Governmental Aaencv. An application shall be processed in the same manner as provided in Section 1-4 except that the sale or any other transfer of a Franchise Certificate or facility, in whole or in part, to any governmental agency shall, absent compelling reasons against, be approved as a matter of right; however, the governmental agency shall, prior to taking any official action, obtain from the Utility or the Authority (with respect to the facilities to be transferred) the most recent available income and expense statement, balance Sheet, and statement of rate base for regulatory purposes, plus contributions-in-aid-of-construction and other contributed assets. Effective at the the time of the closing on any such sale or other transfer, any request for rate relief pending before the Authority Authority shall automatically be deemed to have been withdrawn. Interim rates, if previously approved by the Authority, 49 . must be discontinued and any money collected pursuant to interim rate relief must be refunded to the customers of the Utility with interest. G. The Authority may establish the then existing rate base for a Utility in its Preliminary Order to approve a sale, assignment, or any other transfer thereof, except no rate base need be established for any transfer to any governmental agency. H. Any person, company or organization that obtains ownership or control over any system or any part thereof by any means, including through foreclosure of a mortgage or other encumbrance, must continue all utility service without interruption and shall remove or dismantle any portion of the system previously dedicated to public use which might impair the ability to provide existing service and service committed to. I. Discretionary Public Hearino. At its discretion, the Authority and/or the Board may hold a public hearing to consider a completed application for any such transfer. SECTION 1.20, EXAMINATION AND TESTING OF METERS. . A. The Board may by Rule provide for the examination and testing of all meters used for measuring any utility service of a Utility, and reasonable fees for same. ( B. Any person may have a meter tested by the Utility upon payment of the applicable fee fixed by Rule of the Board. C. Utility customers, at their discretion, may pay the fee at the time of the request or have the Utility include the fee in the next regularly scheduled statement. However, the fee shall be repaid to the customer or user if the meter is found to have been incorrect to the disadvantage of the customer or user in excess of the degree or amount of tolerance customarily allowed for such meters, or otherwise as may be provided in the Rules of the Board. No fee may be charged for any meter testing done by the Authority. SECTION 1-21. APPLICATION FOR ADDITION TO SERVICE AREA. ,'. A. The Authority has Final Authority approval under this Section. Proposed additions of utility service into any additional service area shall not be commenced until the Utility first obtains an amended Franchise Certificate from the Authority that authorizes such additions. . B. An application to amend a Franchise Certificate to add to the Utility's territory shall be made at any time within sixty (60) days following the completion 50 . of all notice requirements for same in Rules of the Board. The application shall be filed with the applicable application fee per Rule of the Board and shall contain a map and legal description of all additional territory proposed to be served, along with such other minimum filing requirements by Rules of the Board. The Authority should issue a Final Order Order regarding the application. c. Except in very exceptional instances and always based on necessity, the Authority will not authorize extension of franchise territory to any parcel of land that is not contiguous to the Utility's then service territory, or in such a manner as to create "pockets" of unserved areas. Any application for extension of any service territory that is not in accord with this policy shall specify in detail the necessity for variance to this policy and how the public interest will be served notwithstanding lack of adherence to this policy. D. Authority Determinations. The Authority may render its decision upon such conditions as the Authority deems proper, and may require further relevant information as it deems necessary. This Authority shall consider whether: 1. The Application is made in good faith; r--. 2. The applicant has sufficient resources to serve the area for which the extension is sought; 3. added area; The System has sufficient capacity to serve the proposed 4. The conceptual plan that shows the layout of the proposed system filed by the applicant demonstrates that, as applicable, the source of water, method of treatment of water, method of treatment of wastewater, and method of disposing of sewage effluent are adequate to protect the public health, safety, and welfare; 5. Whether the application conflicts with the County's local comprehensive plan, including capital improvement elements. E. Discretionarv PubJic Hearina. The Authority may hold public hearings to consider an application for a boundary change. . F. The Utility, at no cost to the County, shall file with the Authority a copy of the construction plans for the system, which plans must have been approved as required by applicable Governmental Agencies prior to any Utility construction being initiated. At no cost to the County, one (1) set of as-built drawings shall be filed with the Authority. 51 . G. A Bulk Water Utility shall pay a minimum application fee of $500.00 to add to its service territory except for geographic areas to service individual retail customers. SECTION 1-22. APPLICATION FOR DELETION OF SERVICE A. The Authority has Final Order authority under this Section. B. The County, the affected Utility, and any substantially affected person shall be the only persons with standing regarding deletion of part of a Utility's service territory. C. shall: Each applicant who requests deletion of a Utility's service territory 1. Provide the minimum filing requirements required by Rule of the Board, which include a detailed inquiry into the ability or lack of ability of the applicant to provide the utility service in the area sought to be deleted, the need or lack of need for the utility service in that area, and the existence or nonexistence of the utility service from other sources within close geographical . proximity to that area; 2. Submit a sworn affidavit based on personal knowledge of an officer of the Utility that the applicant has caused notice of its intention to file an application to delete that service territory to be be delivered by mail or other means of actual delivery to the Authority and to such other persons as may be prescribed by Rule of the Board. Such notice shall be delivered at least twenty (20) days prior to the initial filing of that application. D. If the Authority does not receive written objection to the application within twenty (20) days following the OffIcial Date of Filing of the application, the Authority may issue a Final Order of its decision on the application without a public hearing. E. If within twenty (20) days following the Official Date of Filing, the Authority receives a written objection requesting a public hearing from any other Governmental Agency, from another Utility, or from a Person who would be substantially affected by deletion of any part of the requested territory, the Authority may conduct a public hearing thereon. The Authority should decide the matter be Final Order. . SECTION 1-23. ABANDONMENT. 52 -. A. The Authority has Final Order authority under this Section. B. Water or wastewater service to customers of a Utility shall not be interrupted by the abandonment or placement into receivership of that Utility. To that end: 1. . No person owning, operating, managing or controlling a Utility shall abandon the Utility without giving at least sixty (60) days' advance written notice of such intent the Authority. 2. After receiving such notice, the Authority, absent compelling circumstances, may require petition the Circuit Court to appoint a receiver, which may be the Executive Director of the Authority or any person deemed appropriate by the Court. The receiver shall operate the Utility from the date of abandonment until such time as the receiver disposes of the property of the Utility in a manner designed to continue the efficient and effective operation of all such utility service. All costs of the receivership, including expenses of the receiver operating and disposing of the Utility, plus attorneys fees incurred by the receiver and any by the Board, shall be assessed as a lien against and paid by the owner of the Utility. .---, 3. The notice to the Authority under subsection (1), above, is sufficient cause for revocation, suspension, or amendment of the Franchise Certificate of the Utility as of the date of abandonment. The person operating such Utility shall automatically be considered to hold temporary authorization to operate from the Authority. SECTION 1-24. ENFORCEMENT AND PENAL TV PROVISIONS. A. Section 1-6 of this, the Collier County Code of Ordinances, applies throughout this Ordinance. Violations of this Ordinance may be prosecuted pursuant to 125.69, Florida Statutes, or its successor in function. . B. Any violation of this Ordinance is declared to be a miSdemeanor within the meaning of Section 775.08, Florida Statutes, and shall be punishable as therein provided, except the County may specify in the respective case that imprisonment is not a possible penalty except for contempt of court. Any person building, installing, or operating a Water Utility, Sewer Utility, Bulk Water Utility, or any combination thereof, without a valid exemption by the County issued upon application therefore by the Utility, or without a Franchise therefor issued by the Board shall be guilty of a misdemeanor, which may be published as then provided by law. Each day of such operation may be deemed to be a separate misdemeanor. If any Utility, by any officer, agent or employee, or any other person, knowingly refuses to comply with, or willfully violates any provision of this Ordinance or any Rule or Order of the Board or Authority, such Utility, 53 . officer, agent or employee, or other person shall, if convicted, be guilty of a misdemeanor as specified. C. The Authority may initiate a complaint to the Code Enforcement Board for violation of this Ordinance in accordance with Chapter 162, Florida Statutes. p. Administrative Penalty. For any violation of a Franchise or of this Ordinance or of any written Rule of the Board or of the Authority under this Ordinance, the Authority may assess an administrative penalty not exceeding five hundred dollars ($500.00), which may be collected in civil court of law of competent jurisdiction. Each day a violation continues may be considered as a separate violation. . E. Failure to File on Time. Whenever any filing requirement of any Utility, including all required accompanying documentation (report and/or statements), are not filed within the applicable prescribed time period, the Utility shall be notified of the delinquency by certified mail or other means of actual delivery. If the required fee and other documentation are not filed within thirty (30) days after the notice of delinquency has been received by the Utility, (or within such lesser time as specified in the notice), the Authority may conduct an independent audit of the books and records of the Franchisee to determine the amount of the fee that is due, or may celculate the fee by projecting the fee from the Utility's previous then recent experience. If the County calculates any such fees because the Utility has not done so in a prompt and complete manner, the Utility shall be liable for all applicable late charges plus all of the County's costs, including attorney's fees, costs of collection and costs of legal action(s) to enforce collection. / F. ~. Any Utility officer, agent, or employee, or other person convicted under the provisions of this Ordinance shall pay, to the fullest extent allowed by law, all Costs and expenses involved in that case. G. The County may take such other lawful action in any court of competent jurisdiction as the County deems necessary to prevent or remedy any refusal to comply with, or any violation of, this Ordinance and/or any Rule or order of the Board or the Authority. Such action may include and shall not be limited to, an equitable action for injunctive relief, or any action at law for damages or other relief or remedy. SECTION 1-25. REVOCATION OF FRANCHISE, A. Only the Board may revoke a Franchise Certificate. . 54 ----.----------- '-. -. . B. No Franchise Certificate shall be revoked until the AuthOrity has held a public hearing on such matter and presented a Preliminary Order to the Board. C. Notice of intent to consider a revocation shall be given to the Utility at least sixty (60) days before the date of the public hearing. Such notice shall be issued by the Authority and shall specify all reasons on which revocation is sought, stating the facts on which such reasons for revocation are based. D. If the Authority determines after its public hearing that the basic for revocation has been established, the Authority will issue a Preliminary Order to the Authority to revoke the Franchise Certificate or may require any other remedy provided for in this Ordinance or otherwise provided by general law. SECTION 1-26. EXEMPTION OF COUNTY UTILITY SYSTEMS. This Ordinance does not apply to any utility facilities owned by the County. This Ordinance shall not prohibit or restrict in any manner the construction, operation or maintenance of a water or sewer (wastewater) system, bulk water system, or any combination thereof by the County, except in any geographic area for which an exclusive Franchise Certificate for that Utility service has been granted to a Utility under this Ordinance and the Franchise Certificate is active and valid. SECTION 1-27. COMPLIANCE REGULATIONS. WITH OTHER APPLICABLE ''\ All Utilities shall comply with all rules, regulations and quality and operating standards pertaining to such utilities as promulgated by any and all Governmental Agencies having jurisdiction thereof. SECTION 1-28. APPELLATE REVIEW, Any person directly aggrieved by an order, resolution or other action of the Board, or by Final Order of the Authority, may have it reviewed by the Circuit Court on petition for a writ of certiorari, pursuant to rule 9.100, Florida rules of appellate procedure or its successor in function rule, as then applicable. Matters before 8 Hearing examiner or the Authority may not be appealed to the Board. Parties may, in lieu thereof, and as provided for in this Ordinance, file timely objections to Preliminary Orders of the Authority that are at that time scheduled for presentation to the Board for action by the Board. SECTION 1-29. PROVIDING FOR THE POSSIBILITY OF TRANSFER 55 . In addition to any power granted on the effective date of this Ordinance by Chapter 367, or any other Florida Statutes, if the Board should acquire authority to decide that one (1) or more Utilities regulated hereunder should in the Board's judgment become regulated by another Governmental Agency, and which transfer can be accomplished by the County, then the Board, at its discretion, by taking such action can approve such transfer of regulation to the other Governmental Agency. SECTION TWO: CONFLICT AND SEVERABILITY. In the event that this Ordinance conflicts with any other ordinance of Collier County of other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: INCLUSION INTO THE CODE OF LAWS AND . The provisions of this Ordinance shall become and be made a part of the code of laws and ordinances of Collier County, Florida. Sections of this Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word_ SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective immediately upon filing this Ordinance with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 'L" day of F..e.. ; , 1996. ATTEST: DWIGHT E. BROCK, CLERK COMMISSIONERS BOARD OF COUNTY COLLIER COUNTY, FLORIDA by: . by: JOHN C. NORRIS, CHAIRMAN 56 . Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney ordinances\w&sregord-2 TCP/mrb/10699 -. ~ ( 57 PJJm:wd o/Wo/kc WownIJI W~ 3301 East Tamiami Trail- Naples, Florida 34112 - 4977 (239) 774-8097. Fax (239) 774-3602 Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W Coyle District 4 Jim Coletta District 5 January 29, 2008 Florida Department of Community Affairs Ray Eubanks, Plan Review Administrator Division of Community Planning 2555 Shumard Oaks Blvd. Tallahassee, Florida 32399-2100 RE: Collier County's 10- Year Water Supply Facilities Work Plan. Dear Mr. Eubanks: Pursuant to the conversation of December 19th, 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 10-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 result of DCA 's Notice of Intent to find the County's Capital Improvement Element (CIE) not in compliance. As DCA is aware, this is problematic as the Work Plan must be consistent with the ClEo Collier County transmitted the Work Plan in a timely manner and received from DCA the Objections, Recommendations and Comments report (aRC) which noted specific objections pertaining to the Work Plan. These objections are impossible to address at the normal adoption time period as a result of the CIE being found not in compliance. Subsequent to the transmittal of the Work Plan, DCA and Collier County staff had a meeting of the minds with respect to finalizing those portions of the aRC related in the CIE that were not in compliance. On December II 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, 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, 2008. Florida Department of Community Affairs Ray Eubanks, Plan Review Administrator January 29, 2008 Page Two Collier County can not adopt its Work Plan prior to January l2'h, 2008, as this would result in an inconsistency with the existing crE 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 CrE will be consistent with the conditions as set forth in the Compliance Agreement. Given the aforementioned circumstances, if Collier County acted otherwise it would result in creating an internal inconsistency with the GMP. Therefore, as previously 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, 2008. ,,' " Pleas6':l;i1.1I.:'B,jl.ddxCohen, Comprehensive Planning Director, at 239-213-2903 if you have any questfbbs iri't'eSpect to this correspondence ':R~~ . ~;l.?r.!~ . -, <x'.' ~ '_:"< &'C> ~ ~~i'~~~~'Bftk~CLERk ~ ~. ...., ~.-.,.,. .'j~.- ~' ".. :' 'h ,/- ~ . ..~ ' " .." . ...... ".' .",-" . ." ',' '- . ~~~~y. 1. k VA '\.;:I ..,. Stdt-.' \ Co~, J~ . Tom Henning Commissioner, District 3 ..- c.31!':r Cou.nt:y Collier County Interlocal Service-Delivery Agreement Report In Compliance with Chapter 2002-296, Laws of Florida, and Sections 163.3177(6)(h) 6" 7., And 8., Florida Statutes Collier County Board of County Commissioners Community Development and Environmental Services Division Comprehensive Planning Department August 2004 1. Baclurround & Statutorv Reauirements In 1996, the Florida Legislature created The Commission on Local Government II. The 21- member Commission was created for the express purpose of suggesting statutory and constitutional changes concerning the powers, financing and service delivery.capacity of local governments within the State of Florida. The Commission's Report, published in January of 1998, concluded that there was an approaching crisis in local govemment, caused by the conflict between a rising demand for public services and the limited ability of local governments to provide such services. The Commission cited a number of issues regarding the nature of the State governmental system . that make it difficult for local governments to resolve the conflict between increasing demand for services and limited means. With regard to this report, the primary issue had to do with the State taxation system and its relationship to local government service capacity. Florida's taxation system has been designed primarily to tax tourists and seasonal residents. Limits to the taxation of permanent Florida residents (as cited by the Commission) include reduced property taxes for agricultural uses, the Homestead Exemption, and a sales tax that is restricted solely to commodities (as opposed to services). Under these limits. local revenues from taxes do not keep pace with the demand for services. Furthermore, the State Government; faced with its own budgetary shortfalls; has gradually shifted burdens to local governments, in the form of unfounded mandates. To make up the financial gap thus created, local governments have increasingly turned to non-tax revenue sources, such as service fees, special assessments, special districts, and municipal service taxing or benefit units (MSTUs and MSBUs). In many instances these provisions have resulted in increased governmental complexity, duplication of services. reductions to service delivery capacity, and higher costs. All of these factors tend to alienate taxpayers and create public confusion as to service responsibility. As a result of the Commission's deliberations and report, the Legislature passed Chapter 2002- 296, Laws of Florida. The Law created Sections 163.3177(6)(h) 6., 7.. and 8., Florida Statutes. These Sections require all counties having a population of greater than 100,000. and the municipalities and special districts within those counties, to prepare a report that identifies all existing or proposed interlocal service-delivery agreements regarding the following eight community service areas: Education Sanitary sewer Public safety Solid waste Drainage Potable water Parks and recreation Transportation facilities The Report must identify capital or operational duplications in services or service deficits in the respective counties, including the incorporated municipalities therein. In Collier County there Page I of 69 are three municipalities: the City of Everglades (or Everglades City), the City of Marco Island, and the City of Naples. This report is intended to address both County and Municipal requirements relative to InterJocal Service Delivery Agreements. County staff has worked closely with the staffs of the three municipalities in the preparation of this report. 2. Guidelines In preparing this report, County staff was cognizant of the three primary report guidelines, as delineated by the Statutes. These are as follows: I. The Report should provide an inventory of the service providers in Collier County and existing and proposed agreements related to the eight service areas listed in the statute. 2. The Report should identify unnecessary duplication and gaps/deficits in the existing service delivery arrangements. 3. The Report should describe possible options to remedy the identified inefficiencies in the delivery of public services (as recommended amendments to County and Municipal Intergovernmental Coordination Elements). 3, Master List of Service Providers Using Board of County Commissioners meeting records, Special District information, public facility reports, and information specific to various County and Municipal agencies, County staff has created a Countywide "Master List of Service Providers." This information can be found in Table 1, "Master List of Service Providers." Each entry in the Table provides the name of the Service Provider, a brief description of the service or services that they provide, and the "service area" (the eight services analyzed by the report) that the provider represents. 4. Existinll Service Deliverv Arranllements This report analyzes, through the medium of existing InterlocaJ Service Agreements, the delivery of eight public services, or service areas, to the citizens of Collier County, the City of Naples, the City of Marco Island, and the City of Everglades. For each of the eight (8) services required by Sections 163.3177(6)(h) 6., 7., and 8., Florida Statutes, the report provides a definition of the service, as defined by the Statutes, identification of primary and secondary providers of the service, as well as any identified problems or unique aspects of the service provision. Table 2 contains the "Master List of Existing InterJocal Agreements." The various appendices to this report contain jurisdictional maps of the various service providers, as applicable and as provided to County staff. The eight services analyzed within this report are as follows: 1. Education (ED) 2. Sanitary Sewer (SS) 3. Public Safety (PS) 4. Solid Waste (SW) 5. Drainage (DR) Page 2 of 69 6. Potable Water (PW) 7. Parks and Recreation (PR) 8. Transportation Facilities (TR) The abbreviations refer to identifiers used in Tables I and 2. a. Education (ED) Report Definition For the purposes of this report, education includes the provision of public schools (Grades K- 12), adult education, and vocational training, but does not include charter schools or private educational activities. Primary Provider The District School Board of Collier County. Secondary Providers . Collier County Parks and Recreation Department has an interlocal agreement with the School District for use of school campuses for recreational programs. The Department also provides meals for its programs held on school grounds by coordinating with the School District through invoices for all food and supplies received by Sponsors. · Collier County Community Development and Environmental Services Division coordinates school site and building reviews through the building permit and development approval process. . Collier County Transportation Services Division coordinates with the District School Board of Collier County through buying entities issuing their own purchase orders under contract and processing invoices in accordance with its own payment procedures. Identified ProblemslUnique Aspects In addition to providing educational services to Collier County residents, the District School Board of Collier County also provides educational services to students from the Seminole Indian Reservation. Identified Duplication of Services There are no identified duplications of educational services. Page 3 of 69 Identified Service-Delivery Deficits There are no identified deficits regarding the delivery of educational services. Public education is available to all school-age residents within Collier County. b. Sanitarv Sewer (SS) Report Definition For the purposes of this report, Sanitary Sewer Service includes all public or private wastewater treatment systems to an adopted level of service standard and concurrency requirements. Public Sector Providers Collier County Water-Sewer District, Marco Island Water & Sewer Service Areas, City of Naples Public Works Department, and Everglades City Public Works The Collier County Water-Sewer District The Collier County Water-Sewer District (CCWSD) encompasses approximately :t226 square miles. This area is bounded on the north by Lee County, on the south by the Marco Island Service Area, on the west by the City of Naples Service Area and the Gulf of Mexico, and on the east by the Urban Planning Designation. The CCWSD was approved by referendum in 1969 and validated by the State Legislature in 1978 by Special Act, Chapter 78-489, and Laws of Florida. In 1988, the legislature reestablished the Collier County Water-Sewer District and provided for restrictions and boundaries for the service areas of the City of Naples, City of Marco Island (Marco Shores and Marco Island systems), and unincorporated Golden Gate City (Florida Governmental Utilities Authority). Please refer to the County's Sewer Service Areas map below: Page 4 of 69 T--~iiE------T-- H::KAGE TREAlMENT PLANTS hI-! 111t$T IAI"1I!1TtJ..flMOH N-2 $.lIrIDy fIOGIE ~AtDJt C...... ~31RADE:C(NTOfl:FHAPLES S-l ill " E' lRAUR PARI( ~1 NAPlES M\E-lil ~i S-J HAlI\.U t(OA KlM'CItOI,.tlO Ft..E-------r-~21t -, fIGURE 2.1 i ,~ 1 nJ' . ! I ~-:-!; I-=-~ n --f,--"---i .. >>r/ " t . . LEGEND " 17 . I L_:J~ -- I_.~.t!_" ~ i .1-:'" . ,~.J .y - -+--1--,-,-,-'''''-+-",- I ~. \ ':.:I ! " I '.' ! " ;"'-1.., I" , <~ ,~. .-' , , . <;"l c:'. t-' ">:; . . . o ....%1 . . . . . l/I ElQSTlNC COlmrr Wlitv ttortTti COUNTY SOUlH COU!<tlY pruCAu gAY OTH(R Tft(ATM(NT PLANTS ..AEol S[RVED By COIRl;Y"ASTt.W.U(R ;;; " ;;; Cl TY 0; NAPlts fCU" SERVICE ARtA O!lANGE T~t 1UvlC{; A/tEA QOl.OEH <OA1( t$t,l,TU ~iW~CV~~liIlAA't -, - , ... ~ ~~~~~~o e::~~ft'~ -~~ tt SrFtV1C["REI.S ~ !;lISTRlCT DOtntbA,Ry -.- -.. - PiUOR TO :ZOO,} ('50UJlet: FY200J "...sn.....ATrIl: "''''SYER r't,AN II1'OAn) ~ARca iSLAND .2OOQO WATER AIi" ... SEWER 01STRICT 2'2! 0<21 1t;;t:~1 -"'''' ~ . . j., '''''''' SCALi IhI ~ SEWER ....L.V AND HAN..N u.. It n E 1l1-l E Page 5 of 69 On June 26, 2003 the Governor of Florida approved House Bill 849 that was enacted by the Legislature of the State of Florida as Chapter 2003-353, Laws of Florida. Pursuant to section 189.429 Florida Statutes, this act constitutes the codification of all special acts relating to the Collier County Water-Sewer District, an independent special district and public corporation of the State of Florida. The Board of County Commissioners adopted the Rural Fringe Growth Management Plan Amendments on June 19, 2002, that became effective on July 22; 2003 by Final Order No. DCA03-GM-137. Additionally, the Collier County Board of County Commissioners (BCC) adopted the revised expanded service area for the Collier County Water-Sewer District on September 9,2003. Any developments occurring within the Rural Fringe Mixed Vse District, within the revised Collier County Water-Sewer District Boundaries, will be customers of the County. Should the County not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the PVD Developer, at his expense, will install and operate water and/or wastewater interim facilities adequate to meet all requirements of the appropriate regulatory agencies. These developments may receive water and wastewater services from another centralized service provider until the County is in a position to provide service. However, these developments and the required interlocal agreement to enact this interim service will be reviewed and permitted on a case-by-case basis. There are several future utility planning areas that lie outside the existing District boundaries. These areas include the Orange Tree Area, the Golden Gate City service area and potentially other partially developed areas in Golden Gate Estates within the CCWSD. The Orange Tree Area is obligated to become part of the CCWSD by the year 2012. Marco Island Water & Sewer Service Areas The Marco Island Water & Sewer Service Areas was established by Ordinance No. 77-78 and was repealed by Ordinance No. 2004-09. The District was County-owned. Per Resolution No. 2000-338, the County transferred all wastewater assets to the City of Marco Island with Board of County Commissioners approval on September 26, 2000. The City of Marco Island City Council voted to purchase the former Florida Water Services Corporation System in November 2003, which had served Marco Island, Isle of Capri and Marco Shores. This represents the largest collection and treatment system on Marco Island, although most of the area is still treated through onsite septic systems. The existing facilities include a 2.5 MGD treatment plant, a I million gallon aeration system and approximately ten (10) miles gravity sewers and eleven (11) miles of force mains. Treated effluent is pumped to the Marco Shores Golf Course (on the mainland) for irrigation use. Sludge is hauled off the island by .contract haulers. After purchasing the system from Florida Water Services Corporation, the City also has a service area located within the Marco Shores Country Club Development (part of the Marco ShoresJFiddlers Creek Development of Regional Impact). The development is located approximately five (5) miles south ofV.S. 41 on State Road 951 (Collier Boulevard). The Board Page 6 of 69 of County Commissioners has previously approved an eleven (II) square-mile service area for these facilities, located on both sides of Collier Boulevard. However, the actual area provided service by the system is approximately one (I) square mile. Much of the service area is environmentally sensitive and is not likely to ever be developed. The area actually serviced is largely residential in nature. Facilities include a 90,000 gallon-per-day contact stabilization treatment plant and the associated collection system. Effluent is pumped to the Marco Shores Golf Course for irrigation use. The utility also maintains offsite percolation ponds. Sludge is hauled offsite by contract haulers. The Marco Shores Wastewater Utility Treatment Plant also serves the La Peninsula Development located on the Isle of Capri, this service area was expanded in 1998. _ City of Naples The City of Naples maintains its own water and wastewater service district, which is operated through the City's Public Works Department. The District does include approximately seven (7) square miles of unincorporated County area, which the City provides service to through an interlocal agreement with the County. City of Everglades Everglades City maintains its own Water & Sewer District, which is comprised primarily of lands within the incorporated City boundary. However, the Copeland Utility and Everglades City have an interlocal agreement that allows Everglades City to provide bulk wastewater treatment for the Copeland system. Independent District Providers Immokalee Water & Sewer District The Immokalee Water & Sewer District is an independent governmental district that was created by a Special Act of the State Legislature in 1978. The District has its own governmental board, whose members are appointed by the Governor of Florida. While the District must coordinate with County Agencies, and it is subject to County LOS Standards, its board is otherwise not subject to the Collier County Board of County Commissioners. Currently, the District Service Area covers approximately twenty-seven (27) square miles (mainly the unincorporated area of Imrnokalee). However, the District has recently petitioned the State Legislature for permission to expand. Current District facilities include a 1.5 million-gallons per day (MGD) treatment plant, connected to approximately 80 miles of sewer lines and 28 lift stations. Effluent is pumped from the plant site's holding pond (approximately 3.0 million gallons capacity) to the Immokalee Airport property for irrigation use. Sludge is disposed of through land spreading at agricultural operations surrounding the Immokalee Community. Page 7 of 69 Private Sector Providers North Marco Utility Company, Incorporated, Goodland Isles, Incorporated Sanitary Sewer Facilities, Orange Tree Utility Company, Florida Governmental Utility Authority, Copeland Water & Sewer Company, Port of the Islands Community Improvement District and Ave Maria Utility Company, LLLP (see below). The following information describes service provisions for these providers. North Marco Utility Company, Incorporated This utility's service area comprises approximately a y, square mile section of Marco Island, - known as "Old Marco." Land uses in this area are primarily residential, with some supporting commercial uses and tourist-oriented businesses. The area is located along the Marco River Waterfront. Sewage is collected from the area and pumped to the City of Marco Island treatment plant pursuant to a bulk sewerage treatment agreement. Goodland Isles, Incorporated Sanitary Sewer Facilities This utility's service area is limited to an existing fishing village consisting of thirteen (13) small condominium units, all located within the community of Goodland (located south of County Road 92 (San Marco Road), approximately two (2) miles east of Marco Island. The system is based upon a 12,000 gallon-per-day package treatment plant. Average flows are about 2,000 gallons per day. Orange Tree Utility Company The Orange Tree Planned Unit Development/vested Development of Regional Impact is an approximately four (4) square-mile area, located in the vicinity of the intersection County Road 846 (Immokalee Road) and County Road 858 (Oil Well Road). The area was formerly known as North Golden Gate City. When the area is fully developed, land uses will consist of residential areas, commercial developments, golf courses, a lake and park, as well as the Collier County Fairgrounds. In 1998, the Board of County Commissioners approved the expansion of the utility service area to include the nearby development of Twin Eagles. The entire PUD is within the service area of the Orange Tree Utility Company. Presently, the treatment plant includes a 350,000 gallon-per-day contact stabilization facility with planned expansion of the wastewater treatment facility by 750,000 gallons per day in 2005. The system is being constructed in phases, concurrent with development. The Utility expanded its territory in 1998 to include the Twin Eagle Development. Effluent will be disposed of through golf course irrigation and sludge will be land spread at appropriate sites. The Collier County Water Sewer District is currently scheduled to acquire Orange Tree Utility Company in 2012. Florida Governmental Utility Authority (FGUAl FGUA is a legal entity and public body organized and existing under the Laws of the State of Florida, constituting a "public agency" under Part I of Chapter 163, Florida Statutes, that acquired the service area formerly held by Florida Cities Water Company. This service area Page 8 of 69 consists of the four square mile area known as Golden Gate City. The service area was expanded several years ago in accordance with Collier County Water and Wastewater Authority's Final Order # 98-09, adopted on September 28, 1998. Land uses in Golden Gate City are residential and commercial in nature. FGUA operates a 500,000 gallon-per-day treatment facility, adjacent to the Golden Gate Canal. Effluent is pumped to onsite percolation ponds. Sludge is hauled offsite and land spread by contract haulers. The collection system contains approximately 22 miles of gravity sewers, force mains and pump stations. Copeland Water & Sewer Company The unincorporated community of Copeland receives wastewater collection service from the Lee - Cypress Water and Sewer Cooperative's wastewater collection system, which diverts raw sewerage flows to the City of Everglades Wastewater Treatment Plant pursuant to an interlocal agreement for bulk wastewater treatment. Between June 2002 and November 2003 the Co-op was under a Department of Environmental Protection generated Court-ordered receivership, administered by the Collier County Water & Wastewater Authority, to facilitate negotiations for the interJocal agreement for treatment of its wastewater. In November, 2003, upon completion of the force main interconnect, bulk service agreement, and decommissioning of the substandard wastewater treatment plant, the Court vacated the receivership, returning control of the utility to the Board of Directors of the Lee Cypress Water and Sewer Cooperative. The Co-op continues to maintain the sewerage collection system that serves approximately 51 customers. The service area (the unincorporated community of Copeland) is approximately three (3) miles north of U.S. 41, on State Road 29. Port of the Islands Community Improvement District The Port of the Islands Community Improvement District encompasses the Port of the Islands Development platted subdivision, located approximately twenty (20) miles southeast of Naples, on both sides of US 41. The District is an independent Community Development District, created by the Collier County Board of County Commissioners in 1986. A Board of Directors governs the District. Wastewater treatment service is provided through a 200,000 gallon per day treatment plant. Water reclaimed from the treatment process is channeled through 28.6 acres of wetlands. The treatment plan serves commercial parcels along U.S. 41, an RV Park and single- family homes. Ave Maria Utility Company, LLLP (AMUC) On May 12, 2004, this entity notified the Collier County Water & Wastewater Authority of its intent to file an application for water and wastewater certification to serve the Ave Maria Development, located in eastern Collier County, southwest of Immoka1ee. Authority staff received the certification application on August 12, 2004. The application is currently under review. Page 9 of 69 Other Systems The Florida Department of Environmental Protection inspects approximately twenty-two (22) very small package systems operating in various portions of the County. Treatment facilities range in size from 5,000 to 10,000 gallons-per-day. All of these systems are_located in areas where centralized sewer service is not available. Identified ProblemsIUnique Aspects Although large portions of Urban Collier County and the Golden Gate Estates is technically within either Collier County's North Sewer Service Area or South Sewer Service Area, there are . some areas of the County that do not receive wastewater service. County Ordinance 97-43 excludes large portions of Urban and Golden Gate Estates area from the payment of wastewater impact fees. Therefore should wastewater service be provided by the CCWSD in the future, this would require the formation of some sort funding mechanism(s). The County's Sanitary Sewer Sub-Element, Policy I. 1.4, allows these areas to be served by septic systems and/or package treatment plants until County Sewer Service can be provided. Also, certain portions of the unincorporated area of Collier County are served by municipal utilities. In such circumstances, the Sub-Element sets level of service standards for the unincorporated portions of the municipal service areas. Identified Duplication of Services The City of Naples, City of Marco Island, Everglades City, Florida Governmental Utility Authority, Goodland Isles, Incorporated Sanitary Sewer Facilities, Orange Tree Utility Company, and Immokalee Water & Sewer District all provide services to portions of unincorporated Collier County. However, these alTangements do not represent duplication of services, as these entities are all independent utility districts. Orange Tree Utility Company has an agreement with the County that provides for the County to take over utility services in 2012. Identified Service-Delivery Deficits There are no identified deficits regarding delivery of sanitary sewer services. c. Public Safetv (PS) Report Definition For the purpose of this report, Public Safety refers to all police, fire and emergency medical services operating in Collier County. Primary Provider The only local Public Safety entities with countywide jurisdiction are Collier County Emergency Management Department, Collier County Emergency Medical Services and the Collier County Sheriff's Office. Page 10 of 69 Secondary Providers City of Marco Island Police Department, City of Naples Police and Emergency Services Department, Florida Highway Patrol, other State and Federal Law Enforcement Agencies, Sheriffs Offices from Lee County, Hendry County, Broward County, Monroe County and Miami-Dade County, various private security services, Big Corkscrew Fire Rescue, East Naples Fire Department, Golden Gate Fire & Rescue, Immokalee Fire Control District, Isles of Capri Fire & Rescue, City of Naples Fire Department, City of Marco Island Fire Rescue, North Naples Fire Control District, Ochopee Fire Control District, State Division of Forestry, Collier County Office of Emergency Management, and other State, County and Municipal Agencies having public safety or emergency functions. The Collier County Sheriffs Office is the primary law enforcement agency within Collier County. However, the City of Naples City of Naples Police & Emergency Services Department provides the majority of patrol and investigation services to the citizens of Naples. Identified ProblemslUnique Aspects The Collier County Sheriff's Department provides law enforcement services to residents of Everglades City. The City of Naples Police & Emergency Services Department (PSED) contains police, fire and emergency medical service components. The Florida Department of Law Enforcement (FDLE) provides the state oversight of mandatory state standards. PESD voluntarily utilizes various services available from FDLE, such as lab work and investigative support. PESD formerly had a contractual agreement with the Department of Homeland Security for providing officers to the Naples Airport. Currently, however, the Airport must first enter into an agreement with the Transportation Safety Administration, and then a secondary agreement with PESD. PESD has auto-aide and mutual aide agreements with the surrounding independent fire districts and well as an agreement with the district Haz-Mat team. PESD, City of Naples, Marco Island and East Naples Fire District currently have an agreement with Collier County Emergency Medical Services (CCEMS) for a partnership program. CCEMS is currently housed in two of the City's three (3) stations. Each fire district in the County has a mutual aid agreement with the State of Florida that includes all or most all emergency service providers in the State of Florida. Identified Duplication of Services Through informal service delivery agreements, the Ochopee Fire Department (Collier County), Monroe County, Miami-Dade County and the Big Cypress National Preserve all provide fire control and emergency services to eastern Collier County. Whichever fire department is closer to the emergency will provide the service. This relationship provides for the most cost effective Page 11 of 69 response, since the closer fire department will be responding. The Ochopee Fire Department also provides service to Everglades City through an interJocal agreement. North Naples Fire Department has an interJocal agreement with the City of Bonita Springs (in Lee County), which enables whichever fire district is closest to respond to the emergency. Identified Service-Delivery Deficits The Isles of Capri Fire District has only two volunteers in the entire Fire District at the present time. The District is in need of formal funding of its employees and operations in order to meet the requirements of formal mutual aid agreements. d. Solid Waste (SW) Report Definition: For the purposes of this report, Solid Waste refers to all public or private systems that collect or dispose of household, commercial, industrial, hazardous, construction and demolition solid waste and are subject to an adopted level of service standard. Primary Provider The Collier County Solid Waste Management Department oversees franchised residential, multifamily and commercial waste collection, the Household Hazardous Waste Program, and disposal service for all the homes, apartments, condominiums and businesses in unincorporated Collier County. The Department also oversees landfill operations, operates three recycling centers, oversees all County recycling activities, and plans for the County's long-range disposal needs. Through agreement with Waste Management of Florida, Incorporated, the County operates two landfills (Naples & Immokalee). Secondary Providers City of Naples Solid Waste Division, nine (9) commercial trash haulers and forty-three (43) recycling firms. All but one of the haulers also conducts recycling operations. Identified ProblemslUnique Aspects There are no identified problems or unique aspects regarding solid waste collection. Identified Duplication of Services There are no identified duplications of solid waste disposal services. Identified Service-Delivery Deficits There are no identified service delivery deficits with respect to solid waste disposal. Page 12 of 69 e. Drain8.lle (DR) Report Definition For the purposes of this report, Drainage includes all natural or manmade .systems that are subject to an adopted level of service standard. Primary Provider There are two primary service providers within Collier County: the County Stormwater Management Section, which maintains drainage systems associated with County roadways, and the Big Cypress Basin Board (an arm of the South Florida Water Management District), which maintains regional waterways and drainage systems within Collier County. Secondary Providers City of Marco Island Public Works Department, City of Naples Public Works Department, Florida Department of Transportation, various PUD-based drainage systems, Cedar Hammock Community Development District, Cow Slough Water Control District, Fiddler's Creek Community Development District, Fiddler's Creek Community Development District #2, Flow Way Community Development District, Heritage Greens Community Development District, Key Marco Community Development District, Lely Community Development District, Mediterra South Community Development District, Naples Heritage Community Development District, Pelican Marsh Community Development District, Pine Air Lakes Community Development District, Port of The Islands Community Improvement District, and the Tuscany Reserve Community Development District. Identified ProblemslUnique Aspects Through a cooperative agreement signed in 1991, the Big Cypress Basin Board maintains and operates Collier County's primary canal system. The County maintains and operates tributary systems. Identified Duplication of Services There are no identified duplications of stormwater management/drainage services. Identified Service-Delivery Deficits There are no identified service delivery deficits with respect to stonnwater management/drainage services. Page 13 of 69 f. Potable Water (PW) Report Definition For the purposes of this report, Potable Water includes all public or private _systems that are subject to an adopted level of service standard. Public Sector Providers Collier County Water-Sewer District, City of Naples, Marco Island Water & Sewer Service Areas, Goodland Water District, Everglades City Collier County Water-8ewer District The primary provider for most of Collier County is Collier County Public Utilities. The County operates its sanitary sewer and potable water utility services as the "Collier County Water-Sewer District." The District was created by local referendum in 1969, and validated by the State Legislature, in a Special Act, in 1978. In 1988, via a second Special Act, the District boundaries were expanded. The Collier County Water-Sewer District receives drinking water from two regional water treatment plants, and includes three (3) re-pump stations, one (I) booster pumping station, two (2) raw water well fields and distribution and storage systems. In 1988, the legislature reestablished the Collier County Water-Sewer District and provided for restrictions and boundaries for the service areas of the City of Naples, Florida Water Services Corporation (Marco Shores and Marco Island), and unincorporated Golden Gate City (Florida Governmental Utilities Authority). On June 26, 2003 the Governor of Florida approved House Bill 849 that was enacted by the Legislature of the State of Florida as Chapter 2003-353, Laws of Florida. This Special Act codified all prior affected Special Acts to be all-inclusive as related to the Collier County Water-Sewer District. The Board of County Commissioners adopted the Rural Fringe Growth Management Plan Amendments on June 19, 2002, that became effective on July 22, 2003 by Final Order No. DCA03-GM-137. Additionally, the Collier County Board of County Commissioners (BCC) adopted the revised expanded service area for the Collier County Water-Sewer District on September 9, 2003. Any developments occurring within the Rural Fringe Mixed Use District, within the revised Collier County Water-Sewer District Boundaries, will be customers of the County. Should the County not be in a position to supply potable water to the project andlor receive the project's wastewater at the time development commences, the PUD Developer, at his expense, will install and operate water andlor wastewater interim facilities adequate to meet all requirements of the appropriate regulatory agencies. These developments may receive water and wastewater services from another centralized service provider until the County is in a position to provide service. However, these developments and the required interlocal agreement to enact this interim service will be reviewed and permitted on a case-by-case basis. There are several future utility planning areas that lie outside the existing District boundaries. These areas include the Orange Tree Area, the Golden Gate City service area and potentially Page 14 of69 other partially developed areas in Golden Gate Estates within the CCWSD. The Orange Tree Area is obligated to become part of the CCWSD by the year 2012. Please refer to the County's Water Planning Areas map below: Page 15 of 69 . .. . . .. I tI: n-c F"JGURC 3-l o "'1 r~ , . I --'1 . .".r~' '---.l AlltA I. / t ." . fL, ll' ; , '.' . e . . . t. ~ <;"l - -, t;.; .. e . ~ . . """ OF NA.Plt"S \, S'::- ~ X ..... n o , , j ." '! \ -7--":'"1 --~+-__-l , ,..; -' . . B . . LEGEND . EXISTlNC "ATtit - lHE'A\'t4:NT PlAIII ~ . PItOPO$ED WATER * . lREATMENT PL...ln . AM'A SE~vt1> ur CJ COu~fl' WAlEA en" OF NAPlfS , ~ ~; ~ff: gffl~:'.rr &~ FCU'", rv".n; stRVtCt: ^R[...., -kxM ~~fcEI:T::~. I..:':;,' fgf~~Sl;>M( ~:~ ~l~WtcSf~ND"'R.Y _._1_ OISTlttCT SOUNDAR'" ..... - ;...... mOR TO 2003 . ~ . SOlIRC"EI F'r ......rrJl PlAN U~D".r) . h _"'''DD stALE IN F'Elrr v LtARCO ISLAND WATER: AND SEWER mSTRlcr WATER ~ 21 r: " .11 [ COLLlER COUNTY GOVERNMENT PUBLlC UTUITIES f.'NGIHtrRINC OEPMHt.ltNT 2003 WATER MASTER PLA~ UPDATE MAY 2004 . " . .....L.V AIIIID M"IIII..IIII ... Page 160f69 ..c: U :E ~ >; - '" 6 U .... ~ 8 ~ ~ o U '" '2 ::> <<-< o ,e - ... o 0. os '" o > ... " '" l:l Q. ;1. 't; l;> o - U 'C - "':1 Cic:: >.0 .~ e S~ "' os ~Ol ~8 z-c <<-.<<-< .-=: 0 Ui3 o 'C oS ~ .;OS O..c: ... bll os ::> o 0 U ... 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III ::J III . 1) '1: 1;1 is o o &. ~ , u i Q o 0= &. .- "II. 'i 0 III f-c .5 llll.!. II III 0 III ..Q .;:- -0 - ..- .. .- c II!': I . .... f oj 6.1 Q. III IllC 6 6 w 0'1 <C ~ , u. .! I t ~ ! . ) o 8 &. () (II t ::J o J ! III in ORDINANCE NO. 09-_ AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR AN AMENDMENT TO THE POTABLE WATER SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH MANAGEMENT PLAN TO ADD A REFERENCE TO AND INCORPORATE THE COUNTY'S TEN-YEAR WATER SUPPLY FACILITIES WORK PLAN, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, staff initiated an amendment to the Potable Water Sub-Element of the Public Facilities Element to add a reference to and incorporate the County's Ten-Year Water Supply Facilities Work Plan; and WHEREAS, Collier County did submit this Growth Management Plan amendment to the Department of Community Affairs for preliminary review on September 28, 2007; and WHEREAS, the Department of Community Affairs did review the amendment to the Potable Water Sub-Element of the Public Facilities Element, to the Growth Management Plan and transmitted its findings in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 60 days from receipt of the Objections, Recommendations, and Comments Report from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed amendment to the Growth Management Plan; and WHEREAS, additional time was needed to allow Collier County to adopt a financially feasible Capital Improvement Element, to adopt updates to the Collier County Water and Wastewater Master Plans, which were used to assist in preparing the Ten-Year Water Supply Words underlined are added; words strl,Jsl( thrOI,J!lA are deletions 1 Facilities Plan, and to obtain data from private utilities providers in response to the Florida Department of Community Affairs' Objections, Recommendations and Comments Report; and, WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold a public hearing concerning the adoption of this amendment to the Potable Water Sub-Element of the Public Facilities Element, to the Growth Management Plan on February 24, 2009; and WHEREAS. Collier County has gathered and considered additional information, data and analysis supporting adoption of this amendment, including the following: the Collier County Staff Report; the documents entitled Collier County Growth Management Plan amendment, and other document, testimony and information presented and made a part of the record at the meetings of the Coilier County Planning Commission held on January 16, 2009, and the Collier County Board of County Commissioners held on February 24, 2009; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this amendment to the Potable Water Sub-Element of the Public Facilities Element of the Growth Management Plan to add a reference to and incorporate the County's Ten-Year Water Supply Facilities Work Plan, in accordance with Section 163.3184, Florida Statutes. The text of the amendment is attached hereto as Exhibit "A" and is incorporated by reference herein. SECTION TWO: SEVERABILITY, If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may Words underlined are added; words strusl{ tAr811!)h are deletions 2 be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3,d Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , CHAIRMAN Approved as to form and legal suffiency: 11,1 A-- [-fru Heidi ASliton-Cicko Assistant County Attorney, Land Use Section Chief CPSP-2007-6 Public Utilities 10 Year Water Supply Plan Words underlined are added; words slrusk tArebfgh are deletions 3 Exhibit A CPSP-2007-6 Potable Water Sub-Element: [page 3] OBJECTIVE 1: The County shall locate and develop potable water supply sources to meet the future needs of the County owned and operated systems, said supply sources meeting the minimum Level of Service Standards established by this Plan. The development and utilization of new potable water supply sources and the acquisition of land necessary for such development shall be based upon the information, guidelines and procedures identified within the County's Ten-Year Water Supply Facilities Work Plan (as updated annually), the Collier County Water-Sewer Master Plan, and the Lower West Coast Water Supply Plan prepared by the South Florida Water Management District. Policv 1,7: The County shall ref..,reHee has developed the Ten-Year Water Supply Facilities Work Plan, dated August 2008. in accordance with the water supply guidelines of the most current version of the South Florida Water Management District's Lower West Coast Water Supply Plan ill ek/elel"iflg aHY JUt>!re re'l"ired 'Hater SUfll"ly Faeilities WoFlc Plafl, The County's Ten-Year Water Supply Facilities Work Plan is hereby incOlporated herein bv reference. Words Etrusllthrough are deleted language; words underlined are proposed language Collier County to-Year Water Supply Facilities Work Plan August 2008 Work Plan Contents Executive Summary Section 1 1.1 1.2 1.3 Section 2 2.1 2.2 Section 3 3.1 3.2 Section 4 4.1 Introduction Plan Background..... ... '" ...., ......., ..................... .... ..........,............ ,., .... .... ... ...., ... ...., ....1-1 Plan Objectives............... ........ .............., ..........,........, .......... .....,.,..,.... ........... ........ ....1-1 Report Contents........,... ....... .................. ................. ............... ...... ..... ....,...,....... .......,1-2 Water Service Areas Overview of Collier County......."..................."......................................................2-1 Individual Utilities and Systems ...................,...................,....................................2-1 2.2.1 2.2.2 2.2.3 2.2.4 2,2.5 2.2.6 2.2.7 2.2.8 2.2.9 2.2.10 Collier County....,.,..,.....,..,..,........................,.,........,..........,......,..........".,.. 2-1 2.2.1.1 Collier County Water-Sewer District (CCWSD) ....................2-1 2.2.1.2 Goodland Water Sub-District .....................,..............................2-3 City of Naples ............"............,........................................,........................2-3 Everglades City....,......,.,..,.....,...,..............,..........,..........",......................,. 2-5 City of Marco Island Water and Sewer Service Areas .........................2-5 Immokalee Water and Sewer District (IWSD) ......................................2-5 Florida Governmental Utility Authority (Golden Gate City) (FGUA). ..., .... ... ... .... .... ....,..,..... ....... ... .... ..... ... .... ..... .... ....... ..... ...... ... ... ......... 2-6 Orange Tree Utility Company (OTUC}..................................................2_6 Ave Maria Utility Company, LLLP (AMUC) ........................................2-6 Independent Districts .. ...".,. ......,.... ...., ..... ......., .... .................. ........, ... ,..... 2-6 2.2.9.1 Lee Cypress Water and Sewer Co-op, Inc................................ 2-6 2.2.9.2 Port of the Islands Community Improvement District.......... 2-7 Water System Regulated by Florida Department of Environmental Protection..,. ,.., ....... ..... ....... ..... ...... ...., ....... .... .... ... ........... 2-7 Population and Demand Projections Countywide Projections,...., ........,..........................,......................,..............,.,.....,.,. 3-1 Individual Utilities .............,.....,.......,.............,........,......................................,......... 3-1 3.2,1 Collier County Water-Sewer District (CCWSD) ...................................3-1 3.2.2 Immokalee Water and Sewer District (IWSD).......................................3_2 3.2,3 Florida Governmental Utility Authority (Golden Gate City) (FGUA). ... ... ,.... ... ....... .... .... ... ... ..... ... ... ..... ...... ....... ..... ...... ....... .... ...,.... ......... 3-3 Orange Tree Utility Company (OTUC}.................................................3-3 Ave Maria Utility Company, LLLP (AMUC) ........................................3-4 3.2.4 3.2.5 Existing Water Supply Facilities Collier County Water-Sewer District (CCWSD) ..................,...............................4-1 4.1.1 Water Supply Permits .....................,.........................................................4-1 4.1.2 Potable Water Facilities .,....................................,.....,........................,......4-3 Section 5 5.1 Table of Contents 10-Year Water Supply Facilities Work Plan 4.2 4.1.2.1 Wellfields. ................. ..... ..... ......,...,........, ..........,...... .........,..... ..... .4-3 4.1.2.2 Water Treatment Facilities .........................................................4-3 4.1,2.3 Pumping, Storage, and Transmission.....................................4_1O 4.1,3 Reclaimed Water Facilities ......................................................,..............4-12 4.1.3.1 Water Reclamation Facilities..............................."...................4_12 4.1.3.2 Reclaimed Water Pumping, Storage, and Transmission .....4-12 4.1.3.3 Supplemental Wellfields ..........................................................4-15 Immokalee Water and Sewer District (IWSD)..................................,.....,...........4_17 4.2.1 Water Supply Permits ........, ...............,...... ........ ....... ..... ............ ............. .4-17 4.2.2 Potable Water Facilities ...........................,..........................,...................4-17 4.2.2.1 Wellfields.... ..... .......... ........... ..... ........ ....... .............. ........ ............4-17 4.2.2.2 Water Treatment Facilities ..................,..,....,............................4-17 4.2.2,3 Pumping, Storage, and Transmission.....................................4_19 4.2,3 Reclaimed Water Facilities .....................................................................4-20 Florida Governmental Utility Authority (Golden Gate City) (FGUA) ...........4-20 4.3.1 Water Supply Permits... ,.. ........ ..,.............. ............................. ................ .4-20 4.3.2 Potable Water Facilities .............,............................................................4-20 4.3.2.1 Wellfields .,..............,.....,.....,.....,........................,........,............... 4-20 4.3.2.2 Water Treatment Facilities .......................................................4-21 4.3.2.3 Pumping, Storage, and Transmission.............,.......................4_22 4.3.3 Reclaimed Water Facilities .....................................................................4-22 Orange Tree Utility Company (OTUC) ......................................,........................4-24 4.4.1 Water Supply Permits.............................................................................4_24 4.4.2 Potable Water Facilities ........,....."....,......,.....................................,........4-24 4.4.2.1 Wellfields .....,..,......,.................................................................... 4-24 4.4.2.2 Water Treatment Facilities .......................................................4-24 4.4.2.3 Pumping, Storage, and Transmission..................,..................4_26 4.4.3 Reclaimed Water Facilities,....................................................................4_26 Ave Maria Utility Company, LLLP (AMUC) .....................................................4-26 4.5.1 Water Supply Permits.......................... ,..................................................4-26 4.5.2 Potable Water Facilities ,.......................,..........................................,......4-27 4.5.2.1 Wellfields ........,............,...........................,........,......................... 4-27 4.5.2.2 Water Treatment Facilities .............................,.........................4-27 4.5,2.3 Pumping, Storage, and Transmission............................,........4_27 4.5.3 Reclaimed Water Facilities.....................................................................4_28 4.3 4.4 4.5 Planned Water Supply Facilities Collier County Water-Sewer District (CCWSD) ....,.............................................5-1 5.1.1 Potable Water Facilities...............,............................................................. 5- 1 5.1.1.1 Wellfields ..... ...... ......,.... ....... .... ....................... ... .............. ..... ........ 5-1 5.1.1.2 Water Treatment Facilities.......,... ........... ............ ..... ....... ......... ,..5-4 5.1.1.3 Pumping, Storage, and Transmission .......................................5-4 jj Section 6 6.1 6.2 6.3 6.4 6.5 Section 7 7.1 7.2 7.3 7.4 7.5 Section 8 8.1 8.2 Table of Contents 10-Year Water Supply Facilities Work Plan 5.2 5.1.2 Reclaimed Water Facilities ..................,..........,...".......,..............,..,........ 5-11 5.1.2.1 Water Reclamation Facilities......................".............,..........,...5_11 5.1.2,2 Reclaimed Water Pumping, Storage, and Transmission .....5-14 lmmokalee Water and Sewer District (ISWD)....................................................5_16 5.2,1 Potable Water Facilities ..,.............,.....,...............,..".......,.......................5-16 5.2.1.1 Wellfields ......., .......... ........ ......... ............,... .....,..,. .............., .... ,... 5-16 5.2.1.2 Water Treatment Facilities .......................................................5-16 5.2.2 Reclaimed Water Facilities .....................,......................"...............,.......5-16 Florida Governmental Utility Authority (Golden Gate City) (FGUA) ...........5-16 5.3.1 Potable Water Facilities .................................,..,..............,......................5-16 5.3.1.1 Wellfields .,.. ,................,.... .........,................ ........, ................ ....... 5-16 5.3.1.2 Water Treatment Facilities .......................................................5-21 5,3.1.3 Pumping, Storage, and Transmission..................................... 5-21 5.3.2 Reclaimed Water Facilities .........................,........................................... 5-21 Orange Tree Utility Company (OTUC) ...............................................................5-21 5.4.1 Potable Water Facilities ,...,......,....................."................,......."......,......5-21 5.4.1.1 Wellfields ...."............ ........ ...... ...........,...,..." .......'.. ........... .......... 5-21 5.4.1.2 Water Treatment Facilities .......................................................5-27 5.4.2 Reclaimed Water Facilities ..............,..................,...,.....................,.........5-27 Ave Maria Utility Company, LLLP (AMUC) ....................................................5-27 5.5.1 Potable Water Facilities.........................,............,............. .....5-27 5.5.1.1 Wellfjelds.......... ...."........."...,. ...... ................ ......... ............ .....,.... 5-27 5.5.1.2 Water Treatment Facilities ...,...,...............................,....."...,.....5-28 5.5.2 Reclaimed Water Facilities ................................................................. ..,5-28 5,3 5.4 5.5 Facilities Capacity Analysis Collier County Water-Sewer District (CCWSD) ..........,.......................................6-1 lmmokalee Water and Sewer District (IWSD)......................................................6_2 Florida Governmental Utility Authority (Golden Gate City) (FGUA) ............,6-3 Orange Tree Utility Company (OTUC) .................................................................6-3 Ave Maria Utility Company, LLLP (AMUC) .......................................................6-4 Conservation Regulations and Practices Collier County Water-Sewer District (CCWSD) .....................,............................ 7-1 Immokalee Water and Sewer District (IWSD)......................................................7_3 Florida Governmental Utility Authority (Golden Gate City) (FGUA) .............7-4 Orange Tree Utility Company (OTUC) ........................................................,........7-5 Ave Maria Utility Company, LLLP (AMUC) .............................. ............... ........7-6 Capital Improvement Projects Collier County Water-Sewer District (CCWSD) ..................................................8-1 lmmokalee Water and Sewer District (IWSD)......................................................8_1 hi 8.3 8.4 8.5 Appendix A Appendix B Table of Contents 10- Year Water Supply Facilities Work Plan Florida Governmental Utility Authority (Golden Gate City) (FGUA) .............8-1 Orange Tree Utility Company (OTUC) ....................................................,............8-1 Ave Maria Utility Company (AMUC) ...............................,............................8-1 Interlocal Agreement Between CCWSD and the City of Naples Agreement for Potable Water Service Calusa Island Village (Goodland Area) iv Figures 2-1 Water District Boundaries of Collier County....,..,............................................... 2-2 2-2 CCWSD Potable/Reclaimed Water Composite Map..................,.........,......,...... 2-4 4-1 Existing CCWSD Wellfields and Raw Water Transmission Mains .................. 4-4 4-2 Existing CCWSD Potable Water Treatment Facilities...............,..,........,......,...... 4-9 4-3 Existing CCWSD Potable Water Storage Facilities..................,..,..,......,............ 4-11 4-4 Existing CCWSD Potable Water Transmission Mains................,.........,........... 4-13 4-5 Existing CCWSD Water Reclamation Facilities ................................................. 4-14 4-6 Existing CCWSD Reclaimed Water Distribution System................................. 4-16 4-7 Existing IWSD Water Supply Facilities............................................................... 4-18 4-8 Existing FGUA Wellfield and Water Treatment Facility...........................,...... 4-21 4-9 Existing FGUA Potable Water Transmission Mains ......................................... 4-23 4-10 Existing OTUC Water Supply Facilities...................,.......................................... 4-25 5-1 Existing and Planned CCWSD WelIfields and Raw Water Transmission Mains.........................................,..,........,................................ ................................... 5-2 5-2 Existing and Planned CCWSD Potable Water Treatment Facilities ..........,...... 5-5 5-3 Existing and Planned CCWSD Potable Water Storage Facilities ...................... 5-8 5-4 Existing and Planned CCWSD Potable Water Transmission Mains......,........ 5-12 5-5 Existing and Planned CCWSD Water Reclamation Facilities........................., 5-13 5-6 Existing and Planned IWSD Potable Water Facilities....,..........,.....,..,..,....,...... 5-18 5-7 Existing and Planned FGUA Wellfield and Potable Water Treatment Facility,............."........................,...,...........,................,.........,..................,......,.,...... 5-20 5-8 Existing and Planned FGUA Distribution Mains ..............................................5-25 v Tables ES-1 ES-2 ES-3 ES-4 ES-5 ES-6 ES-7 ES-8 ES-9 ES-10 3-1 3-2 3-3 3-4 3-5 3-6 3-7 3-8 3-9 3-10 3-11 4-1 4-2 4-3 4-4 4-5 4-6 4-7 4-8 4-9 4-10 4-11 4-12 4-13 4-14 Summary of Existing and Planned CCWSD Water Treatment and Water Reclamation Facilities ..................................... ................................ ........... ES-3 Capacity Analysis for CCWSD...,..,......................................................................ES-3 Summary of Existing and Planned ISWD Water Treatment Facilities ...........ES-4 Capacity Analysis for IWSD ..,..................................................................,........... ES-4 Summary of Existing and Planned FGUA Water Treatment Facilities ,......... ES-5 Capacity Analysis for FGU A....... ....,................... ........................ ......... ................ ES-5 Summary of Existing and Planned OTUC Water Treatment Facilities.......... ES-6 Capacity Analysis for OTUC................................................................................ES-6 Summary of Existing and Planned AMUC Water Treatment and Water Reclamation Facilities ...... ................... ....................... ............. ............. ....... ......,.... ES-7 Capacity Analysis for AMUC...........................................................,............,......ES_7 Collier County Peak Season Population Estimates and Projections,................ 3-1 Population Projections for Areas Served by CCWSD,......................,........,..,..... 3-1 Project Population and Demand for Areas Served by CCWSD ......................., 3-2 Population Projections for Areas Served by IWSD ..........................................,.. 3-2 Project Population and Demand for Areas Served by IWSD..,......,.................., 3-2 Population Projections for Areas Served by FGUA .................................,.......... 3-3 Project Population and Demand for Areas Served by FGUA.........,......,........... 3-3 Population Projections for Areas Served by OTUC .........,.................................. 3-3 Project Population and Demand for Areas Served by OTUC............................ 3-4 Population Projections for Areas Served by AMUC..,..............,..,..................,.., 3-4 Project Population and Demand for Areas Served by AMUC .................,........ 3-5 Consumptive Use Permits Issued by SFWMD to CCWSD ................................ 4-1 Existing CCWSD Golden Gate Tamiami WelUield ............,..,....................,.....,.. 4-5 Existing North Hawthorn RO Wellfield Summary,............................................ 4-6 Existing South Hawthorn RO Wellfield Summary................,....,.................,..... 4-7 Summary of Existing CCWSD Water Treatment Facilities ..,.................,..,........ 4-8 Summary of Existing CCWSD Water Storage Facilities ................................... 4-10 Summary of Existing Water Reclamation Facilities ........................................., 4-12 Summary of Existing CCWSD Supplemental Wells .......,..,................,............, 4-15 Consumptive Use Permits Issued by SFWMD to the Immokalee Water and Sewer District ....................,........................................,........................ 4-17 Summary of Existing IWSD Potable Water Wells...,........................,.....,.......... 4-17 Summary of Existing IWSD Water Treatment Facilities .........................,........ 4-19 Summary of Existing IWSD Storage Facilities ....,.............,..............................., 4-19 Consumptive Use Permits Issued by SFWMD to FGUA ............,......,............. 4-20 Summary of Wells Operated by FGUA ....,...............................,......................... 4-20 vi List of Tables 4-15 Summary of Existing FGUC Water Treahnent Facilities......,...............,......,.... 4-22 4-16 Summary of Existing FGUA Storage Facilities ...........................................,...... 4-22 4-17 Consumptive Use Permits Issued by SFWMD to OTUC ..................,.............. 4-24 4-18 Summary of Wens Operated by OTUC ............,...................,........,.................... 4-24 4-19 Summary of Existing OTUC Water Treahnent Facilities ................................. 4-26 4-20 Summary of Existing OTUC Storage Facility,........,......................,.................... 4-26 4-21 Consumptive Use Permits Issued by SFWMD to AMUC ....,...........................4-26 4-22 Summary of Wens Operated by AMUC.........................................,.................., 4-27 4-23 Summary of Existing AMUC Water Treahnent Facility................,..,.....,......... 4-27 4-24 Summary of Existing AMUC Storage Facility ....,..........,.............................,..... 4-27 4-25 Summary of Existing AMUC Water Reclamation Facility ..................,............4-28 5-1 Planned NERWTP Wellfield Phase 1 Summary.....,.......,..,...............,................. 5-1 5-2 Major Tasks Required to Build Planned CCWSD Potable Water WellfieIds... 5-3 5-3 Summary of Existing and Planned CCWSD Water Treahnent Facilities..,...... 5-6 5-4 Major Tasks Required to Build Planned CCWSD Potable Water Facilities.................. .-.........., ,........,.............. .................... ...................... ............... ...., 5-7 5-5 Summary of Existing and Planned CCWSD Water Storage Facilities...........,.. 5-9 5-6 Major Tasks Required to Build Planned CCWSD Potable Water Storage Facilities,......,........... ............ ...."................................ ........... ......,..... ......... 5-10 5-7 Summary of Existing and Planned CCPUD Water Reclamation Facilities.... 5-11 5-8 Major Tasks Required to Build Planned CCWSD Water Reclamation Facilities......................... .-............... .......,..................... ................... ..,............. ......... 5-15 5-9 Summary of Existing and Planned Reclaimed Water Storage........................, 5-14 5-10 Major Tasks Required to Build Planned CCWSD Reclaimed Water Storage Facilities.............................,....,............................ .................. ......,.. ........... 5-17 5-11 Summary of Existing and Planned IWSD Water Treahnent Facilities.........., 5-19 5-12 Summary of Planned FGUA Wens.............................,.................,........,......._..... 5-16 5-13 Major Tasks Required to Build Planned FGUA Potable Water Wells..,........, 5-22 5-14 Summary of Existing and Planned FGUA Potable Water Treahnent Facilities............ .....................,.................,..,............... .................................. ..,........ 5-23 5-15 Major Tasks Required to Build Planned FGUA Potable Water Treahnent Facilities.........,........................... ...................... ................... ......,.... ....... 5-24 5-16 Major Tasks Required to Build Planned FGUA Reclaimed Water Project ............... ........... ............................................................ .............. ........ .......... 5-26 5-17 Summary of Planned OTUC Wens..........,........,......,........................................... 5-27 5-18 Summary of Existing and Planned OTVC Water Treahnent Facilities,........, 5-27 5-19 Summary of Planned AMUC Wens ......................._............................................ 5-27 5-20 Major Tasks Required to Build Planned AMUC Potable Water Wens.........., 5-29 5-21 Summary of Existing and Planned AMUC Potable Water Treahnent Facilities............ -..... .................,............................................ .......... ......................... 5-30 vii List of Tables 5-22 Major Tasks Required to Build Planned AMUC Potable Water Treatment Facilities ............................................................ .......... .................................. ........... 5-31 5-23 Summary of Existing and Planned AMUC Water Reclamation Facilities..... 5-28 6-1 Capacity Analysis for CCWSD,..............................................,........,.....,......,......... 6-1 6-2 Revised Capacity Analysis for CCWSD...............,.......................,........................ 6-2 6-3 Capacity Analysis for IWSD ....................,..,.........,..,..........,...............................,.., 6-2 6-4 Capacity Analysis for FGUA..............,..,................................................................ 6-3 6-5 Capacity Analysis for OTUC.............,........................,..,.....................,.................. 6-3 6-6 Capacity Analysis for AMUC............................................................................,.... 6-4 8-1 CCWSD Capital Improvement Projects................................................................ 8-2 8-2 IWSD Capital Improvement Projects ...,............,....................................,.......,..,... 8-8 8-3 FGUA Capital Improvement Projects .............,.....................,..,............................ 8-9 8-4 OTUC Capital Improvement Projects ...,............................................................. 8-10 8-5 AMUC Capital Improvement Projects......................,..,........,.........,..,........,....... 8-11 viii List of Common Acronyms A AADD AADF ADD AMUC ASR AUIR AWS B BCC BEBR C CCCPD CCWSD CDES CUP D Annual Average Daily Demand Annual Average Daily Flow Average Daily Demand Ave Maria Utility Company (AMUC) Aquifer Storage and Recovery Annual Update and Inventory Report Alternative Water Supply Board of County Commissioners Bureau of Economic and Business Research Collier County Comprehensive Planning Department Collier County Water-Sewer District Community Development and Environmental Services Consumption Use Permits DIW Deep Injection Well E EAR Evaluation and Appraisal Report ERC Equivalent Residential Connection F FAC FDEP FGUA FY G Florida Administrative Code Florida Department of Environmental Protection Florida Government Utility Authority Fiscal Year GMP Growth Management Plan gpcd Gallons per Capita per Day gpd Gallons per Day ix H HPRO HZ1 I IE IWSD L LDC LH LOSS LPRO LS LT LWCWSP M MF MG MGD MS MMDD N NCRWTP NCWRF NERWTP NEWRF o OTUC p PBWRF PUD PSC High Pressure Reverse Osmosis Hawthorne Zone 1 Aquifer Ion Exchange lmmokalee Water and Sewer District Land Development Code Lower Hawthorne Aquifer Level of Service Standard Low Pressure Reverse Osmosis Lime Softening Lower Tamiami Aquifer Lower West Coast Water Supply Plan Membrane Filtration MiIIion GaIlons Million GaIlons Per Day Membrane Softening Maximum Month Daily Demand North County Regional Water Treatment Plant North County Water Reclamation Facility Northeast Regional Water Treatment Plant Northeast Water Reclamation Facility Orange Tree Utility Company Pelican Bay Water Reclamation Facility Public Utilities Division Public Service Commission List of Common Acronyms x R RIB RO RWA s SCRWTP SCWRF SERWTP SEWRF SFWMD u ULDC w Rapid Infiltration Basin Reverse Osmosis Rural Water Association South County Regional Water Treatment Plant South County Water Reclamation Facility Southeast Regional Water Treatment Plant Southeast Water Reclamation Facility South Florida Water Management District Unified Land Development Code WRF Water Reclamation Facility WT Water-Table Aquifer WTP Water Treatment Plant List of Common Acronyms xi Executive Summary ES.l Overview On July 12, 2006, the Governing Board of the South Florida Water Management District (SFWMD) approved the 2005-2006 Lower West Coast Water Supply Plan Update (LWCWSP). Under Florida law (section l63.3l77(6)(c), Florida Statutes) Collier County must adopt amendments to its comprehensive plan within 18 months of the SFWMD approval of the update, These amendments include the development of a 10-Year Water Supply Facilities Work Plan and amendments to the Growth Management Plan (GMP). Under the requirement of the Florida Statutes, the 10-Year Water Supply Facilities Work Plan for Collier County must include analysis of all water utilities in the County not serving a specific local government. These utilities include: . Collier County Water-Sewer District (CCWSD) . Immokalee Water and Sewer District (IWSD) . Florida Governmental Utility Authority (Golden Gate) (FGUA) . Orange Tree Utility Company (OTUC) . Ave Maria Utility Company, LLLP (AMUC) Utilities not included in this plan are the City of Naples Utility Department, Marco Island Utilities, and Everglades City, each of which is responsible to develop a 10- Year Water Supply Facilities Work Plan to be included in its city's comprehensive plan. This 10-Year Water Supply Facilities Work Plan for Collier County has the following objectives: · Identify population and water demands of each utility for the planning period of 2008 to 2018, · Present existing and planned potable and reclaimed water facilities that will be utilized to meet demand projections. · Identify sources of raw water needed for potable water supply to meet demands through the year 2018. · Identify the steps necessary to develop additional potable and reclaimed water supplies and specify when they must occur and how they will be funded. ES-1 Executive Summary · Demonstrate that the water supply plans for each utility within the County are feasible with respect to facility capacity to be developed and consumptive use permit allocations required. · Describe the conservation practices and regulations utilized by each utility to meet water supply demand. The 10-Year Water Supply Facilities Work Plan will be the framework for meeting water supply concurrency within the unincorporated areas of Collier County and will act in unison with the existing Growth Management Plan (GMP) and Land Development Code (LDC) to ensure that potable water capacity is available prior to the approval of any new development order. The following excerpts, taken from GMP and LDC, reflect the position currently held by Collier County with regard to the availability of potable water supplies. Objective 3 of the Potable Water Sub-Element of the GMP states: OBJECTIVE 3: Pursuant to Chapter 163.3202, F.S" including any amendments thereto, Collier County has implemented procedures to ensure that at the time a development order is issued, potable water facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan, Section 10,02,07, of the Land Development Code contains requirements for the submittal for certificate of public facility adequacy. Specifically, Section 10.02.07,A of the LDC states: In order to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park and road public facilities are available concurrent with when the impacts of development occur on each public facility, Collier County shall establish the following development review procedures to ensure that no development orders subject to concurrency regulation are issued unless adequate public facilities are available to serve the proposed development. ES.2 Development of the Plan The Collier County 10- Year Water Supply Facilities Work Plan was prepared by Camp Dresser and McKee Inc. (CDM) for the Collier County Comprehensive Planning Department. CDM is a consulting, engineering, construction, and operations firm with a successful track record of utility-based planning and design projects. CDM is a leader in providing innovative water and wastewater services throughout Southwest Florida and the world. Information for the Plan was solicited from each of the utilities included. All five utilities provided some level of information to CDM for inclusion in the Plan. Where ES-2 Executive Summary information gaps existed, information on the existing and planned facilities was gathered from various sources including the SFWMD L WCWSP update, SFWMD consumptive use permits, Florida Department of Environmental Protection (FDEP) public water supply and wastewater treatment facility permits, and the Collier County Water Supply Facilities Work Plan, Final Report prepared by Greeley and Hansen, LLC, April 2004. After completion of the draft version of the Plan, copies were distributed to each of the utilities for review and comment. Each of the utilities provided comments to their sections of the Plan. ES.3 Findings The findings of the plan are summarized below for each of the utilities. Collier County Water-Sewer District (CCWSD) During the lO-year planning period CCWSD has plans to develop a new potable water treatment facility and a new water reclamation facility to meet growing water demands, Table ES-l summarizes the treatment capacity of the existing and planned potable water and water reclamation facilities for CCWSD. In addition to the construction of these facilities, CCWSD intends to construct new wellfields, finished water storage, and distribution lines, which are presented in detail in the plan. The information on CCWSD is fully nested with the 2008 Water and Wastewater Master Plan Updates, adopted by the Collier County Board of County Commissioners on June 24, 2008. ES-3 Executive Summary Table ES-1, Summary of Existing and Planned CCWSD Water Treatment and Water Reclamation Facilities' Facility Name Year Design Capacity Project Identified In Online (MGD) LWCWSP Water Treatment Facilities NCRWTP MF Online 12.0 N/A NCRWTPLPRO Online 8.0 N/A SCRWTP LS Online 12.0 N/A SCRWTP LPRO Online 20 N/A NCRWTP HPRO 2012 2.0 Yes NERWTP Phase 1 LPRO 2018 3.75 Yes NERWTP Phase 1 Ion Exchange 2018 I 1.25 Yes .,..- Total 59.0 ..--- Water Reclamation Facilities NCWRF Online 24.1 N/A SCWRF Online 16.0 N/A NCWRF Expansion 2017 6,5 N/A NEWRF Phase 1 2017 4.0 Yes -... ~----~ --._-- -- Total 50.6 Information taken from the Collier County 2008 Water and Wastewater Master Plan Updates adopted by the Collier County Board of County Commissioners on June 24. 2008, Based on population projections available for the CCWSD service area, a capacity analysis was performed looking at projected demand versus plant capacity versus permitted allocation. The results of the capacity analysis are summarized below in Table ES-2. A discussion of the capacity analysis can be found in Section 6.1. Table ES-2, Capacity Analvsis for CCWSD 2005 2008 2013 2018 Service Area Population 180,463 205,433 255,594 296.555 Demand Per Capita (gpcd) 170 170 170 170 Required Treatment Capacity @ 170 gpcd (MGD) 30,68 34.92 43.45 50.41 Available Facility Capacity (MGD) 40.00 52.00 54.00 59.00 Facility Capacity Surplus (Deficit) (MGD)' 9.32 17.08 10.55 8.59 Raw Water Requirement (MGD)2 35.39 41.05 53.76 62.66 Permitted Amount (MGD Annual Average)3 56.14 63.82 63.82 78.42 Permitted Surplus (Deficit) (MGD)4 20.75 22.77 10.06 15.76 Calculated by subtracting ReqUired Treatment Capacity @ 170 gpcd from Available FaCIlity Capacity. 2 Raw water requirement is the amount of raw water need to make a certain amount of finished water. It is calculated by dividing the Required Treatment Capacity @ 170 gpcd by the efficiency of the treatment ~rocess. CUP based on existing permit (11-00249-W) and allocation increases currently in process. 4 Calculated by subtracting the Raw Water Requirement from the Permitted Amount. ES-4 Executive Summary As the capacity analysis illustrates, CCWSD has sufficient plant capacity existing or planned throughout the 2018 planning horizon, CCWSD has been and continues to be a leader in alternative water supplies in Florida. The following sections of the Plan related to CCWSD, illustrate the shear volume of water the utility receives from A WS projects as compared to traditional freshwater projects. As presented in the plan, CCWSD is currently capable of delivering up to 68.1 MGD of alternative water supply, consisting of potable water from brackish sources and reclaimed water, to its customers vs. only 24 MGD from traditional water supplies. By 2018 the ratio will be 84.35 MGD of alternative water supply capacity to 25.25 from traditional sources. Table ES-3 summarizes the comparison between the A WS and traditional water supply projects constructed and planned for CCWSD. T bl ES C a e -3. ompanson 0 an ra Itlona ater UPPI roiects for CCWSD Facility Name Year Alternative AWS Traditional Online Water Design Design Supply Capacity Capacity Proiect (MGD) (MGD) Water Treatment Facilities NCRWTP MF Online No 0.0 12.0 NCRWTP LPRO Online Yes 8.0 0.0 SCRWTP LS Online No 0.0 12.0 SCRWTP LPRO Online Yes 20.0 0.0 NCRWTP HPRO 2012 Yes 2.0 0.0 NERWTP Phase 1 LPRO 2018 Yes 3.75 0.0 NERWTP Phase 1 Ion Exchange 2018 No 0.0 1.25 Total ""-""""-"---- 33.75 25.25 Water Reclamation Facilities NCWRF Online Yes 24.1 0.0 SCWRF Online Yes 16.0 0.0 NCWRF Expansion 2017 Yes 6.5 0.0 NEWRF Phase 1 2017 Yes 4.0 0.0 " Total 50.6 0.0 _.~---- f AWS d T d" I W S I P Immokalee Water and Sewer District (IWSD) Table ES-4 summarizes the treatment capacity of the existing and planned potable water facilities for IWSD, Table ES-4, Summary of Existina and Planned ISWD Water Treatment Facilities Facility Name Year Design Capacity Project Identified in Online IMGo') lWCWSP Jerry V. Warden WTP Online 2.25 N/A Airport WTP Online 1.35 N/A Carson Road WTP Online 0.90 N/A Carson Road WTP Expansion 1 2008 1.10 No Carson Road WTP Expansion 2 2013 1.00 No ES-5 Executive Summary I Total L_J 6.60 L , Information on the existing and planned water treatment facilities taken from the 2005-2006 Low",-- West Coast Water Supply Plan Update approved by the Governing board of the SFWMD on July 12, 2006, Based on population projections available for the lWSD service area, a capacity analysis was performed looking at projected demand versus plant capacity versus permitted allocation. The results of the capacity analysis are summarized below in Table ES-S. A discussion of the capacity analysis can be found in Section 6.2. TIES C f I SO ab e -5, aDaclty Analvsis or W 2005 2008 2013 2018 Service Area Population 24,348 26,566 35.312 44,917 Demand Per Capita (gpcd) 105 105 105 105 Annual Average Daily Demand (MGD) 2.56 2.79 3.71 4,72 Available Facility Capacity (MGD) 4.50 5.60 5.60 6.60 Facility Capacity Surplus (Deficit) (MGD) 1 1.94 2,81 1,89 1.88 Raw Water Requirement (MGD)2 2,64 2.88 3.82 4,86 Permitted Amount (MGD Annual Averaget 3.36 3.36 3,36 3.36 Permitted Surplus (Deficit) (MGD)' 073 O.4g (0.46) (1.50) .. Calculated by subtracting Annual Average Dally Demand from Available FaCIlity Capacity. 2 Raw water requirement is the amount of raw water need to make a certain amount of finished water. It is calculated by dividing the Annual Average Daily Demand by the efficiency of the treatment process. 3 CUP for 3.36 MGD annual average expires June 15.2010. 4 Calculated by subtracting the Raw Water Requirement from the Permitted Amount. Based on the capacity analysis, the improvements planned by the lWSD for the 10- year planning period are sufficient to meet the demands of the service area. However, the allocation of the underlying CUP (ll-00013-W) does not cover the withdrawals required to achieve the finished water demand, Florida Governmental Utility Authority (Golden Gate) (FGUA) The FGUA service area is nearly built out and the utility's plans for the lO-year planning period include projects to meet minor increases in water demand. Table ES-6 summarizes the treatment capacity of the existing and planned potable water facilities for FGUA. T ES S fE d PI d FGUA W T able -6, ummary 0 xlstma an anne ater reatment Facilities Facility Name Year Design Capacity Project Identified in Online IMGD) LWCWSP Golden Gate WTP (LS) Online 1.22 No Golden Gate WTP (RO) Online 0.87 No Golden Gate WTP (RO) 2009 0.25 No Golden Gate WTP (RO) 2015 0.25 No Total 2.59 . . ... Information on eXisting and planned water treatment faCIlities was taken from the e-mail memo submitted by FGUA to the Collier County Community Development and Environmental Services on July 15, 2008, ES-6 Executive Summary Based on population projections available for the FGUA service area, a capacity analysis was performed looking at project demand versus plant capacity versus permitted allocation. The results of the capacity analysis are summarized below in Table ES-7. 2005 2008 2013 13,642 14,224 15,704 109 109 109 1.49 1.55 1.71 2,09 2.09 2.34 0.60 0.54 0.63 1.77 1.91 2.17 1.92 1.92 1.92 Permitted Sur Ius Deficit MGD 4 0.15 0.01 0.25 Calculated by subtractin9 Annual Average Daily Demand from Available Facility Capacity. 2 Raw water requirement is the amount of raw water need to make a certain amount of finished water. It is calculated by multiplying the population by the demand per capita raw water usage. 3 CUP for 1.92 MGD annual average expires September 11. 2008. 4 Calculated by subtracting the Raw Water Requirement from the Permitted Amount. Table ES-7, Ca 2018 17,339 109 1.89 2,59 0.70 2.46 1.92 0.54 The improvements planned by the FGUA for the lO-year planning period are sufficient to meet the demands of the service area. However, the allocation of the underlying CUP (1l-00148-W) does not cover the withdrawals required to achieve the finished water demand. An increase in the CUP is being applied for as part of the permit renewal. The increase will cover the future withdrawals required. Orange Tree Utility Company (OTUC) Table ES-8 summarizes the treatment capacity of the existing and planned potable water facilities for OTUC. a e - , ummary 0 XIS mg an anne a er rea men aCllles Facility Name Year Online Design Capacity Project Identified in LWCWSP (MGo') Orange Tree WTP Online 0.75 N/A Orange Tree WTP 2009 0.75 No Exoansion Total 1.50 , " - T bl ES 8 S fE' f dPI d OTUC W t T t t F Tf Information on eXisting and planned water treatment faCIlities were taken from the e mall memo submitted by OTUC to the Collier County Community Development and Environmental Services on September 27, 2007. Based on population projections available for the OTUC service area, a capacity analysis was performed looking at project demand versus plant capacity versus permitted allocation. The results of the capacity analysis are summarized below in Table ES-9, Table ES-9, Capacity Analysis for OTUC ES-7 Executive Summary 2005 2008 2012 2,631 5,700 9.500 100 100 100 0.26 0.57 0.95 0.75 0.75 1.50 O.4g 0.18 0.55 0.34 0.73 1.22 0,86 0,86 0.86 Permitted Sur Ius Deficit MGD 4 0.52 0.13 0.36 Calculated by subtracting Annual Average Daily Demand from Available Facility Capacity, 2 Raw water requirement is the amount of raw water need to make a certain amount of finished water. It is calculated by dividing the Annual Average Daily Demand by the efficiency of the treatment process. 3 CUP for 0.86 MGD annual average expires November 11. 2009. 4 Calculated by subtracting the Raw Water Requirement from the Permitted Amount. Under the population projections presented, the improvements planned by the OTUC for the 10-year planning period are sufficient to meet the demands of the service area. The allocation of the underlying CUP (1l-00419-W) does not cover the withdrawals required to make the finished water demanded in 2012. However, the permitted shortfall is not a problem as OTUC is obligated to become part of the CCWSD in 2012 and CCWSD has planned for the capacity and permits necessary takeover the OTUC. Ave Maria Utility Company, LLLP (AMUC) Table ES-10 summarizes the treahnent capacity of the existing and planned potable water and water reclamation facilities for AMUC. Table ES-10, Summary of Existing and Planned AMUC Water Treatment and Water Reclamation Facilities 1 Facility Name Year Design Capacity Project Identified In Online (MGD) LWCWSP Water Treatment Facilities AMUC WTP (Phase 1) Online 1.67 Yes AMUC WTP (Phase 2) 2010 0,83 No AMUC WTP (Phase 3) 2012 1.67 No AMUC WTP (Phase 4) 2015 0.83 No ---. _..~.._.__._-_.._~- Total 5.00 -------. -- Water Reclamation Facilities AMUC WRF JPhase 1) Online 1.25 Yes AMUC WRF (Phase 2) 2010 1,25 Yes AMUC WRF (Phase 3) 2012 1.25 Yes AMUC WRF (Phase 4) 2015 1.25 Yes Total 5.00 ... InformatIOn on eXisting and planned water and wastewater treatment faCilities taken from the Preliminary Design Reports for Ave Maria Utility Company. LLLP and Florida Department of Environmental Protection as prepared by CH2M Hill. Inc.. June 2004 and February 2006 and supplemented with comments received from AMUC in a letter dated September 20,2007. ES-8 Executive Summary Based on population projections available for the AMUC service area, a capacity analysis was performed looking at project demand versus plant capacity versus permitted allocation. The results of the capacity analysis are summarized below in Table ES-ll. The improvements planned by the AMUC for the lO-year planning period are sufficient to meet the demands of the service area. However, the allocation of the underlying CUP (1l-02298-W) does not cover the withdrawals required to achieve the finished water demand, 2007 2008 2013 2,924 3.886 14.985 110 110 110 0.32 0.43 1,65 1.67 1.67 4.17 1.35 1.24 2.52 0.38 0.50 1.94 1.26 1.26 1.26 Permitted Sur Ius Deficit MGD 5 0.88 0.76 0.68 AMUC be9an service in early 2007. 2 Calculated by subtracting Annual Average Daily Demand from Available Facility Capacity. 3 Raw water requirement is the amount of raw water need to make a certain amount of finished water. It is calculated by dividing the Annual Average Daily Demand by the efficiency of the treatment process. 4 CUP for 1.26 MGD annual average expires June 14, 2011. 5 Calculated by subtracting the Raw Water Requirement from the Permitted Amount. 2018 27,255 110 3.00 5.00 2.00 3.53 1,26 2.27 ES-9 Section 1 Introduction 1.1 Plan Background On July 12, 2006, the Governing Board of the South Florida Water Management District (SFWMD) approved the 2005-2006 Lower West Coast Water Supply Plan Update. Under Florida law (section 163.3177(6)(c), Florida Statutes) Collier County must adopt amendments to its comprehensive plan within 18 months of the SFWMD approval of the update. These amendments include the development of a 10- Year Water Supply Facilities Work Plan and amendments to the Growth Management Plan (GMP). Under the requirement of the Florida Statutes, the 10-Year Water Supply Facilities Work Plan for Collier County must include analysis of all water utilities in the County not serving a specific local government. These utilities include: . Collier County Water-Sewer District (CCWSD) . Immokalee Water and Sewer District (lWSD) · Florida Governmental Utility Authority (Golden Gate) (FGUA) . Orange Tree Utility Company (OTUC) . Ave Maria Utility Company, LLLP (AMUC) Utilities not included in this plan are the City of Naples Utility Department, Marco Island Utilities, and Everglades City, each of which is responsible to develop a 10- Year Water Supply Facilities Work Plan to be included in its city's comprehensive plan. 1.2 Plan Objectives This 10-Year Water Supply Facilities Work Plan for Collier County has the following objectives: · Identify population and water demands of the County and each utility for the planning period of 2008 to 2018. · Present existing and planned potable and reclaimed water facilities that will be utilized to meet demand projections. · Identify sources of raw water needed for potable water supply to meet demands through the year 2018. · Identify the steps necessary to develop additional potable and reclaimed water supplies and specify when they must occur and how they will be funded, 1-1 Section 1 Introduction · Demonstrate that the water supply plans for each utility within the County are feasible with respect to facility capacity to be developed and consumptive use permit allocations required, · Describe the conservation practices and regulations utilized by each utility to meet water supply demand. 1.3 Report Contents Section 2 introduces the utilities that serve Collier County and identifies their service areas. Section 3 presents population and water demand projections for the County and individual utilities for the planning period out to 2018. Section 4 summarizes the existing potable water supply system including fresh and brackish water wellfields, raw water transmission systems, and water treatment plants (WTPs) and reclaimed water systems (where applicable) for each utility. Section 5 summarizes the planned potable and reclaimed water systems for each of the utilities out to 2018. Section 6 presents an analysis of the ability of each utility to meet projected demands during the planning period, Section 7 summarizes current and planned conservation practices and regulations that will be utilized to meet demands. Section 8 summarizes the capital improvement plan for each of the utilities. 1-2 Section 2 Water Service Areas 2.1 Overview of Collier County Collier County is served by four Public Sector Water Systems, including the County, the City of Naples, Everglades City, and the City of Marco Island. The County is further subdivided into the Collier County Water-Sewer District (CCWSD) and the Goodland Water Sub-District. The boundaries of the CCWSD, City of Naples, Everglades City, the City of Marco Island, and the Goodland Water Sub-District are shown in Figure 2-1. In addition to the Public Sector Water Systems, Collier County is served by four Non- Public Sector Water Systems including the Immokalee Water and Sewer District (IWSD), the Florida Governmental Utility Authority (Golden Gate) (FGUA), the Orange Tree Utility Company (OTUC), and the Ave Maria Utility Company (AMUC). The boundaries of these systems are also presented in Figure 2-1, There are also two Private Sector Water Systems which include the Lee Cypress Water and Sewer Co-Op, Inc. and the Port of the Islands Community Improvement District, along with numerous small capacity water systems that are regulated by the Florida Department of Environmental Protection (FDEP). 2.2 Individual Utilities and Systems 2.2.1 Collier County 2.2.1.1 Collier County Water-Sewer District (CCWSD) The CCWSD encompasses approximately 240 square miles. This area is bounded on the North by Lee County, on the south by the City of Marco Island service area, on the west by the City of Naples service area and the Gulf of Mexico, and on the east by the Urban Planning Boundary. The CCWSD was approved by referendum in 1969 and validated by the State Legislature in 1978 by Special Act, Chapter 78-489, Laws of Florida, In 1988, the legislature approved a supplement to the Special Act, which included revisions to the District boundaries. This action significantly increased the size of the District to its current size of approximately 240 square miles, It also specifically excluded areas of the City of Naples, Marco Shores, Marco Island, and the FGUA. There is one portion of the CCWSD service area that is not served by CCWSD, that being approximately 17 square miles of unincorporated area contiguous to the City of Naples, shown as green hatch on Figure 2-1. As this area is a substantially developed part of the County, with minimal growth expected during the 10-year planning period, no plans for supplying additional water to this area are included in this Plan. The original inter/ocal agreement by which the City of Naples serves this area was enacted on October 16, 1977, A copy of the most recent version of the interlocal agreement is provided in Appendix A. The Water-Sewer District Boundary was established by a Special Act, Approved by the Governor on June 26, 2003, and adopted as Chapter 2003-353, Laws of Florida. The 2-1 Ini --~ t n t-- -, -I!MMGhlg[ +- I __-1t~~~:--c L -i-- ; --r--T '-t DI:jTRI{;T: i. i " , " ~_l~~ ~t~~~n f~-=-~ ----+---r-~ I I tt:L_:~J:~:~ + ----'-----'- ~L..:-___, 't-: ' \if,: ~ 1'"::,,",,, f-_....LI- 1- 1- l .ia-) ;.... * j---+--- --1.__'-.'-: I :f~, \~FTl " co:mF:~"~ If ~,~' '1t j J ii ;~J[J "lfrWii': ~: -:-h:c\:\\r c" ~..."w" J'fc'.'" ~:rrr _J " ~ :r::.~ ~..r'-,--! , ~ f ti-i7,7/ t r- ~- ~ -- -t.,--.\. '- .k- ''0,,, I... I ,I."",,,! , i 'I'~' .' ,I 1'- "'~"_" ~ ' 1-" ~, "" ,/.j.; "., ",. t' ~)t:~". .;~~t1J_-:~:" 'J.4-1 1$1' 'I; ,I" ;::~i 1 '7~i~.;,tr-;j~ ';W,::::' ' ",--,J.l .. T \'ll. 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I ~," " !-- r-IARCO" ""'~-i..--*,-~) ~ '~..J__-,--_~-=:-,---j---- ~__ __ ~_ ISLAND ~~T~k--~J:-.?-ll~}.J,jy, ,,~,;!n./l..'i:-. j ",- j I J ~C"-j"""" ~t;W~~$,;:.$L:i, " - ~.,:;- '..':f"-,*-1t ':-- ~r - - -- 4: ~ ~- - --- DISTR1CT '\_~cF~,~r.~j _.-L#', ---, \~ -'- ~ +- L~:rt_, ___ ~___.,__ '~~A - j ?\Li~~~~~~ >-~J:Jift=A :, ~~1 '~;4)r / :-' c. _ 'C/r< ) L ~ r- i ~T~R/~1' -.1 ,~ !~---?t:=r,,-;:-;-~ -S),,~W~"- 'j<'"~",," (>'.' ":-'1 ,"..A.,~\<,;O:::~..1.&ICTII'. "'. : " <~,-,>+----"R'~~\ '. ",:",-t--j,';;.t.: ,.,~';~I c.,.,, it . '-,,"" ''J};r,; "~<1:~f.\ _ , . C~J~;;1~~i1tif2g~~1'X1S:~ ~~ F'~" t '~'-----'-":"'" --------.--- --c-..-,-+--.. ! ,,"~, r 1--- /"''-/c L/ I 10- 1"- ~ i'___ o 1"""1 SCALE IN ., 3.0 MILES ----+-t--'-' '--=~--F===f 0, -~4;- 1 1 r I~ ~ r~ '_L..:.~I'i I' ' -w-\: -, .-- I"',,, ~.,..--.-"" )" I '~_/-- -~-X{{A _~J.. '.:~~.l . i ~6f'SWiR~d ,~-'.....'- , !p,;'" < :::-:--::-ct---=:..~-----+-~=:= I ' I. ! --l -'r-- t -J_ ;i~_~o::h:~~i_" '4-, c ----, -<'" ~, ,'$ ~, o LEGEND elfy or ~'"LE< AI'tA<ERV(090 ClTYO'NAf'US 'OUA '[~VIC( AR'A ~ ] OR~NC( fill:( S(~vJC( A~'A ~,~~tt"N:~~NOdY - , CIIM .---..v__ '0 \- I -+ ".il ___.1 " , ~rC ,d_ I ;1 '-r- !; __H L_ U 2-1 COLliER COUNTY lQ-YEAR WATER SUPPL Y rACIL TIES WORK PLAN WATER SEWER DISTRICT BOUNDARIES OF COLLIER COUNTY Section 2 Water Service Areas Rural Fringe Areas were incorporated within the CCWSD when the Board of County Commissioners approved Resolution 2003-296 on September 17, 2003. From the adoption date forward, the County is responsible for providing water and sewer service in the Rural Fringe, which is approximately 38 square miles in area. However, service in these areas is according to the following policy; "Any development occurring within the Rural Fringe within the revised Collier County Water-Sewer District Boundary will be customers of the County, Should the County not be in a position to supply potable water to the project and/ or receive the project's wastewater at the time development commences, the PUD Developer, at his expense, will install and operate water and/ or wastewater interim facilities adequate to meet all requirements of the appropriate regulatory agencies. These developments may receive water and wastewater services from another centralized service area provider until the County is in a position to provide service, However, these developments and the required interlocal agreement to enact this interim service will be reviewed on a case-by-case basis. Non-centralized interim service such as potable water supply wells and septic systems are allowable interim facilities." Several areas are included in the planning areas that lie outside the existing District boundaries. These areas include the OTUC service area, the FGUA service area, and potentially other partially developed areas in Golden Gate Estates within the CCWSD. The OTUC is obligated to become part of the CCWSD in 2012. A composite map, provided as Figure 2-2, showing the existing CCWSD potable and reclaimed water distribution systems, illustrates the actual area of the water-sewer district currently being served. In addition to interconnections with the Goodland Water Sub-District and Marco Shores by which CCWSD supplies water on a bulk basis, CCWSD also maintains emergency interconnects with the City of Naples and the City of Marco Island. CCWSD also plans to construct an emergency interconnect with Bonita Springs Utilities. As the interconnects are for emergency purposes only and are not intend for bulk transfer, CCWSD does not dedicate any portion of it water supply capacity to serving these interconnections. Should CCWSD, at a future date, enter into an agreement with any additional entity to provide finished water, it will incorporate the amount of water provided to said entity into its planning documents, 2.2.1.2 Goodland Water Sub-District The smallest of the County's districts is the Goodland Water Sub-District. Goodland is an island community, roughly one-quarter of a square mile in area, and is located off SR-92 about two miles east of Marco Island. This district was established by referendum in 1975. Potable water for the Goodland Water System is purchased from the City of Marco Island. A copy of the interlocal agreement by which the City of Marco Island serve the Goodland Water System is provided in Appendix B. Collier County maintains pumping, distribution and storage facilities in the Goodland Water 2-3 Section 2 Water Service Areas Sub-District. The Goodland Water Sub-District serves the corrununity of Goodland as well as Key Marco, 2.2.2 City of Naples The City of Naples is another public sector provider of water service in Collier County, In addition to its corporate area, the City also serves approximately 17 square miles of unincorporated area contiguous to the City limits per an interlocal agreement with Collier County. There are approximately 5,900 service connections in the unincorporated area with an average daily demand of 2.20 MGD. These connections are not accounted for in CCWSD's population and water supply demand projections, The City allocates 38 percent of its system capacity to serve this unincorporated area. As the unincorporated area served by the City of Naples is essentially built-out, minimal additional demand on the City's system is projected for the future. The enabling legislation, under which the City established its water service area boundary, is Chapter 180, F.S., Municipal Public 2-4 NOtE: w.lNS SHOWN .+.FIE GENERAL~ y 12- OR GMAT(R, 8- AND 10. w.lNS $HOWN FOR CRITICAL LOOPS c;J C t-< ~ VANDERefl LEE CO COLLIER CO ;;; . ~ " S Q < 0 " w II ~ < , 0 , . , ~ CR 858 " < z o ~ ~ tr\ ><. ......... Cl o LEGEND EXISTING POTABLE WATER MAINS EXISTING RECLA1MfO WATER MAINS 0- ,,- ,.'i'.,'1l, EE ROAO (CR 84 ~ 24" o 1,0 2.0 ~-----, CALE IN MILES " " o < .0 16" o " 20 o 30' J~ ., ~ 36- " " ". ~ rn ,. < " < m " < 16" ED < Z < " ". 3 " , ~ 6- o " , '" o PIN RI f ""CHO) 16" 20 16" . " " o < o " " z < ~ ,,- /1' ". 1", g o o o o EN CATE I 'RKWAY ". ALLIGATOR ALLEY {SR 84) \ \ \ ( !~ \j, '0, \\ ,( , '. \ t( ~\~ /" I A '3: ~\K! 20" ~ ". ...J.&... COM III GAE....V AND HANAN FIGURE 2 2 COLLIER COUNTY 10-YEAR WATER SUPPLY FACIL TIES WORK PLAN CCWSD POTABLE/RECLAIMED WATER SYSTEM COMPOSITE MAP Section 2 Water Service Areas Works Law, The City's existing water supply facilities are not addressed in this 10- Year Water Supply Facilities Work Plan, since they will be discussed in the City's Plan, The County, however, is responsible for ensuring that the City's existing and future facilities meet the Level of Service Standard (LOSS) of the County in the unincorporated portion of the City's service area. The service area for the utility is shown in Figure 2-1. 2.2.3 Everglades City Everglades City is also a public sector provider of water service in the County, Like Naples, Everglades City is an incorporated community that provides water service both within and beyond its corporate limits. The outlying unincorporated communities served by the City include Plantation Island and Seaboard Village in Copeland, These represent a demand of over 17 percent of Everglades City's system capacity, Unlike the unincorporated area served by the City of Naples, Plantation Island and Seaboard Village are not part of the Collier County Water Sewer District. For this reason Collier County contends that it is not responsible to provide planning efforts to supply water to these communities. These areas are analogous to the Golden Gate Estates portion of Collier County, which is served entirely by seU- supply, for which the County is not responsible for providing service. Everglades City's water supply facilities are not addressed in this lO-Year Water Supply Facilities Work Plan, since they will be discussed in the City's Plan, The service area for the utility is shown in Figure 2-1. 2.2.4 City of Marco Island Water and Sewer Service Areas The City of Marco Island historically had been provided service from the private sector utility company, the Florida Water Services Corporation. A smaIl portion of Marco Island's water and sewer infrastructure had historically been maintained by Collier County as the Marco Island Water and Sewer District. The City of Marco Island recently voted to purchase the system from the Florida Water Services Corporation. The City now operates the approximately 10 square mile system as a public sector utility. On February 24, 2004, the Marco Island Water and Sewer District was dissolved/ abolished by Ordinance No. 2004-09, The infrastructure in that area was turned over from the CCWSD to the City, The City now owns and operates the only centralized utility services on Marco Island. The City's existing water supply to the Marco Shores area is being replaced with a bulk water supply from the CCWSD to service the area. The bulk supply from the CCWSD is estimated at 165,000 gallons per day and is accounted for in CCWSD's population and water supply demand projections. As the Marco Shores area is built-out, no additional demand on the CCWSD system is projected for the future. The City of Marco Island's existing water supply facilities are not addressed in this 10-Year Water Supply Facilities Work Plan, since they will be discussed in the City's Plan, The service area for the utility is shown in Figure 2-1. 2.2.5 Immokalee Water and Sewer District (IWSD) 2-6 Section 2 Water Service Areas The Immokalee Water and Sewer District (IWSD), located in the northeast part of Collier County, was created by Special Act of the State Legislature following a 1978 referendum. Creation of an independent district provided the means for this unincorporated community to develop its own water/sewer system, which was necessary due to the distance from the developed coastal area of the County, The boundaries of the District were expanded following a voter referendum in 2004 and a change to the enabling act was signed by the Governor in June 2005 (Chapter 2005- 298), This district is approximately 107 square miles in area and has a governing board whose members are appointed by the Governor of Florida. The boundaries of this independent district are shown on Figure 2-1. 2.2.6 Florida Governmental Utility Authority (Golden Gate) (FGUA) Florida Governmental Utility Authority (FGUA) provides water service to and slightly beyond the limits of Golden Gate. It also owns and operates systems in other Florida counties. Figure 2-1 shows the boundaries for the utility. 2.2.7 Orange Tree Utility Company (OTUC) Orange Tree Utility Company (OTUC) received a PSC Certificate to operate in 1987 and since then OTUC has served the Orangetree Planned Unit Development which is 2,752.8 acres. In 1996, OTUC billing and customer service became regulated by Collier County Department of Utility Franchise Regulation. In 1998, OTUC began servicing Collier County School Board facilities which now include Corkscrew Elementary, Corkscrew Middle, and Palmetto Ridge High School. In 1999, OTUC franchise area was expanded to include the Estates of TwinEagles with specific connections along 33,d Ave NE, and 33,d Ave NW, which are located within CCWSD service area. In 2006 Orange Blossom Ranch PUD was annexed into the OTUC franchise area. The OTUC franchise area is located 9 miles east of 1-75, as depicted in Figure 2-1. 2.2.8 Ave Maria Utility Company, LLLP (AMUC) Ave Maria Utility Company (AMUC), established in 2005, provides potable and reclaimed water service to the Town of Ave Maria. The town is located approximately 20 miles east of Interstate 75. The AMUC service area boundary is shown in Figure 2- 1. 2.2.9 Independent Districts 2.2.9.1 Lee Cypress Water and Sewer Co-op, Inc. The private sector utility providing water service to Copeland is the Lee Cypress Water and Sewer Co-op, Inc, The unincorporated community of Copeland is located on SR-29 about 3 miles north of US-41. Based on FDEP records, the utility currently has a capacity of 80,000 gpd and a population of 145 people. Between 2008 and 2018 the population of the community is projected to grow to 167 residents. Assuming a per capita water demand of 170 gpcd, the required utility capacity needed in 2018 2-7 Section 2 Water Service Areas would be 28,390 gpd. Based on the projected population and assumed per capita demand, the utility should continue to meet the needs of its residents without expansion through the lO-year planning period, Therefore, no additional consideration is given to this utility in the Plan. 2.2.9.2 Port of the Islands Community Improvement District Another independent district in the County is the Port of the Islands Community Improvement District. This district encompasses approximately 1 square mile of land contiguous to and north and south of US-41 , approximately 20 miles south of Naples, This district was created in 1986 by the Collier County Board of County Commissioners in response to a petition from the District's developers and was created as a mechanism to provide water and other services to this isolated area, The District is governed by an elected board of directors. Based on FDEP records, the utility currently has a capacity of 435,000 gpd and a population of 501 people. Between 2008 and 2018 the population of the community is projected to grow to 738 residents. Assuming a per capita water demand of 170 gpcd, the required utility capacity needed in 2018 would be 125,460 gpd. Based on the projected population and assumed per capita demand, the utility should continue to meet the needs of its residents without expansion through the 10-year planning period. Therefore, no additional consideration is given to this utility in the Plan, 2.2.10 Water Systems Regulated by Florida Department of Environmental Protection The following is a summary of private sector water systems operating within Collier County, but regulated by the FDEP due to very small capacities. These systems primarily serve individual establishments, such as churches, stores, or golfing communities. The list was developed from the FDEP drinking water database. . Big Cypress Wilderness Institute . Bonita Bay East Golf Club . Bonita Bay East Maintenance . Bonita Bay East Sabal Rest #1 . Bonita Bay East Sabal Rest #2 . Center Point Community Church . Children's House . Corkscrew Swamp Sanctuary . E's Country Store . Everglades Shores/Big Cypress Preserve . Golden Gate Assembly Of God . Golden Gate Library 2-8 Section 2 Water Service Areas . Hakan Services, Inc. . Harley Davidson Motor Company . Hideout Golf Club System . 1-75 Rest Stop & Recreational Area . Monument Lake Campground . Naples Bingo Palace Golden Gate Parkway . Naples Golf Center . Oasis Ranger Station . Porky's Last Stand BBQ . Randall Center . Southwest Florida Research Education Center . Sandy Ridge Labor Camp . Sunniland Country Store . Syngenta Seeds, Inc. . Temple Bethel . Trail Lakes Campground . Trees Camp WTP . Unity Faith Missionary Baptist . VFW-Golden Gate Post 7721 2-9 Section 3 Population and Demand Projections Section 3 Population and Demand Projections Sources of information utilized to develop the included population and demand projections are historical population growth, Collier County Comprehensive Planning Department (CCCPD) forecasts based on population projections provided by the Florida Bureau of Economic and Business Research (BEBR), information from water use permits, and information provided by the individual water supply utilities, such as Master Plans, Population projections through 2018 are included in the following sub-sections. 3.1 Countywide Projections CCCPD is responsible for preparing countywide population projections. The general methodology is set forth in Policy 1.2 of the Capital Improvements Element and Policy 4.8 of the Future Land Use Element. The basis for countywide population projections is the University of Florida's Bureau of Economic and Business Research (BEBR) [permanent] population projections. The BEBR projections are presented, as of April 1 (Census year), in three ranges -low, medium and high, for all counties in the state and in 5-year increments (presently 2010, 2015, 2020, 2025, 2030, 2035). CCCPD uses the medium range and does not modify the BEBR countywide projection figures, BEBR does not provide sub-county projections, The following summarizes the methodology employed by CCCPD in projecting the countywide and peak season population. For the in-between years (e,g. 2011, 2012,2013,2014), CCCPD applies the growth rate for each 5-year increment (e.g. 2010-2015) using a logarithmic formula, The three incorporated cities within the County provide population projections or CCCPD prepares them. The incorporated area population is subtracted from the BEBR countywide population figures - and county-derived in-between years - to yield the unincorporated area population [referred to as BEBR unincorporated population], CCCPD prepares population estimates for each TAZ (traffic analysis zone) using Census year dwelling unit CO, (certificate of occupancy) data, For each TAZ, the number of dwelling units by type (single family, multi-family) is multiplied by the ratio of persons per total dwelling unit (total population by type divided by the total number of dwelling units by same unit type) by type, per the 2000 Census, to derive the population by dwelling unit type for that T AZ. The resultant population by dwelling unit type is combined to yield the total population for that T AZ, T AZ population is then aggregated into the needed geography, e,g, Collier County Water- Sewer District, to yield that geography's population [referred to as CO. or in-house population]. 3-1 The T AZ population for all T AZs in the unincorporated area is summed to yield the unincorporated area [in-house] population. The in-house population of a desired geography within the unincorporated area is divided by the in-house population of the total unincorporated area to derive a ratio, This in-house population ratio is then applied to the BEBR unincorporated population to derive that geography's BEBR population. For example, if the in-house population for XYZ Water District is 20,000 and the in-house population for the unincorporated area is 200,000, then the ratio is .10 (20,000/200,000). If the BEBR unincorporated population is 210,000, then applying the ratio yields a BEBR population of 21,000 for the XYZ Water District (210,000 X .10). [Note; there is always some discrepancy between BEBR population figures and County in-house population figures due to use of different methodologies; the County uses e.o. data as explained above whereas BEBR uses building permit issuance data and active electric customer data.] Once BEBR population is derived for a given geography, it is then converted to fiscal year population (October 1). Since October is half-way between two April 1 figures, the difference of two successive April 1 figures is divided by 2 then that figure is added to the first April 1 figure. For example, if April 1, 2011 population is 900 and April 1, 2012 population is 950, then October 1, 2011 population is 925 (950-900 =50; 50/2=25; 25+900=925). To derive peak season population, the October 1 population is increased by twenty percent (20%), For example, if the October 1 population is 925, then multiply that by .20 and add that to the 925 (925 X .20 = 185; 185+925=1,110). The peak season population is set forth in the County's GMP CIE Policy 1.2, and was received as a professionally accepted methodology as part of the EAR based GMP amendments adopted on January 29, 2008. Table 3-1 shows the projected population for Collier County for the lO-year planning period of this plan. The population projections are for peak season, which is the basis for planning and sizing of facilities. Table 3.1, Collier County Peak Season opu alion stimates and rojections Year 2005 2008 2013 2018 Countywide 1,2 386.668 412,499 467,820 528,046 P E P Estimates and projections are taken from the CCCPD population eslimates and projections dated June 11.2008. 2 The countywide population projections include the entire unincorporated area of the county (the unincorporated areas covered in this 10-Year Water Supply Facilities Work Plan and the remaining unincorporated area not encompassed by this Plan), as weil as the incorporated cities of Naples. Marco Island and Everglades City. Therefore, the population projections in Table 3-1 are not equal to the sum of the projections for the five utilities covered in the Plan. The population and demand projections for each of the five utilities serving unincorporated Collier County are presented in Section 3.2. 3-2 3.2 Individual Utilities 3.2.1 Collier County Water-Sewer District (CCWSD) Table 3-2 shows the projected populations for the areas served and to be served within the existing CCWSD service area, The populations are shown in 5-year increments, through 2018. The total population projections include the populations in the Rural Fringe Areas, which were incorporated into the CCWSD in 2003 as described in Section 2.2.1,1, and the Orange Tree Area which is obligated to become part of CCWSD in 2012. Table 3-2, Population Projections for Areas Served by CCWSD Year 2005 2008 2013 2018 Peak Served Area Population (Seasonal)' 180,463 205,433 255,594 296,555 Eslimates and projections are based on the CCCPD population estimates and projectIOns dated June 11.2008. The LOSS for the CCWSD is being revised from 185 gallons per capita per day (gpcd) to 170 gpcd. The following excerpt from the 2008 Water Master Plan Update, adopted by the Collier County Board of County Commissioners (BCC) on June 24, 2008, explains the context in which this decision was made: The average daily water demand for the last eight years (2000-2007) is 175 gpcd. The most recent three-year average is 168 gpcd, with the lowest value (164) occurring in 2005. A study titled "Evaluation of Per Capita Water Demand and Wastewater Flow" was completed in 2007. (by Greeley and Hansen) A peer review of this report by a second consultant was completed in 2007. The results of the study indicate that the factors that influence water demand in the eeWSD, in order of significance, are outdoor water use, population, and precipitation, Outdoor water use is influenced primarily through regulatory requirements by SFWMD restrictions. The study showed that historic outdoor water user was most influenced by precipitation and secondarily by outdoor temperature. The study showed that there is no statistical historical significance behveen the cost of the water and water demand in the eCWSD. Average household size (persons per dwelling unit) and type of housing unit impact the water demand; however, in the eCWSD, these have been historically fairly consistent and this trend is expected to continue. Prior to 2002, there was unrestrictive use of potable water for irrigation, On April 15, 2002, the Bee implemented Water Irrigation Ordinance No. 2002-17, which limits irrigation to six days per week (three days each for odd and even-numbered addresses). On April 12, 2007, the SFWMD enacted Phase II water restrictions, whereby watering was reduced from three days per week to two days per week. On January 15, 2008, the SFWMD enacted Phase III water restrictions, further reducing outdoor 3-3 watering to one day per week. SFVVlv1D returned to Phase II water restrictions on April 8, 2008. The impact of the SFWMD water restrictions has resulted in reduced water demand. This is consistent with the 2007 Per Capita Water Demand Study, which indicated that outdoor water use was the most significant factor for water demand in the CCWSD. In addition, the current rate structure is set up to encourage water conservation and discourage high water usage. High water users pay a premium for the increased usage. The per capita water usage has declined significantly since 2000, Based on the recent trends and clumges in water patterns, it is recommended to change the current LOSS from the 185 gpcd to 170 gpcd. While this new LOSS has not yet been adopted for the CCWSD, it is being used for planning purposes and will be presented for adoption in the next CIE scheduled for adoption concurrent with the adoption of the 10-Year Water Supply Facilities Work Plan. Based on the new LOSS of 170 gpcd and the population projections presented in Table 3-2, the demand projections for the CCWSD were developed, Table 3-3 presents the projected population and demand for the area served by CCWSD, in 5-year increments, through 2018. Demand is provided as Required Treatment Capacity@170 gpcd in MGD, Required Treatment Capacity @ 170 gpcd is a metric used by Collier County in its annual update and inventory report (ADIR) and is used to evaluate the ability of CCWSD facilities to meet peak season demand. It is calculated as the peak season population multiplied by the LOSS of 170 gpcd. Table 3.3, Projected Population and Demand or reas Served by CCWSD Year 2005 2008 2013 2018 Peak Service Area Population (Seasonal) 1 180,463 205,433 255.594 296.555 Demand Per Capita (9Pcd) 170 170 170 170 Required Treatment Capacity @ 170 9Pcd (MGD) 30.68 34.92 43.45 50.41 f A Estimates and projections are based on the CCCPD population estimates and projectIOns dated June 11.2008. 3.2.2 Immokalee Water and Sewer District (IWSD) Table 3-4 shows the projected populations for the areas served and to be served within the existing IWSD service area. The population is shown in 5-year increments, through 2018. T bl 3 4 P If P , f f A S d b IWSD a e - opu a Ion rOJec Ions or reas erve Year 2005 2008 2013 2018 Served Area Population 1 24,348 26,566 35,312 44,917 Estimates and projectIOns are taken from the CCCPD population estimates and projections dated June 11.2008, 3-4 The ISWD LOSS includes operational standards and a per capita water demand standard of 105 gpcd, Based on the LOSS of 105 gpcd and the population projections presented in Table 3-4, the demand projections for the IWSD were developed. Table 3-5 presents the projected served population and demand for the IWSD, in 5-year increments, through 2018. Demand is provided as both Average Daily Demand (AADD) in MGD and Maximum Month Daily Demand (MMDD) also in MGD. MMDD is determined by multiplying the AADD by a peaking factor, which in this case is 1.2. Table 3-5. Proiect Population and emand or reas erve JylW 0 Year 2005 2008 2013 2018 Service Area Population 1 24.348 26.566 35,312 44.917 Demand Per Capita (gped) 105 105 105 105 Annual Average Daily Demand (MGD) 2.56 2,79 3.71 4.72 Maximum Month Daily Demand (MGD) 3.07 3.35 4.45 5.66 o f A s db s Estimates and projections are taken from the CCCPD population estimates and projections dated June 11,2008. 3-5 Section 3 Population and Demand Projections 3.2.3 Florida Governmental Utility Authority (Golden Gate) (FGUA) Table 3-6 shows the projected populations for the areas served and to be served within the existing FGVA service area. The population is shown in 5-year increments, through 2018. T P f A S db GU ab e 3-6. opulatron Prolections or reas erve F A Year 2005 2008 2013 2018 Served Area Population 1 13,642 14,224 15,704 17,339 Projections based on 2000 U.S. Census. 3.2 Individuals per residence multiplied by ERC for active corrections. The FGVA LOSS includes operational standards and a per capita water demand standard of 109 gpcd. Based on the LOSS of 109 gpcd and the population projections presented in Table 3-6, the demand projections for the FGVA were developed, Table 3-7 presents the projected served population and demand for the FGVA, in 5-year increments, through 2018. Demand is provided as both AADD in MGD and MMDD also in MGD. MMDD is determined by multiplying the AADD by a peaking factor, which in this case is 1.27. T bl 3 7 P , t P If dO df A S d b FGUA a e . rOlec opu a Ion an eman or reas erve oy Year 2005 2008 2013 2018 Service Area Population 1 13.642 14,224 15,704 17,339 Demand Per Capita (gpcd) 109 109 109 109 Annual Average Daily Demand (MGD) 1.49 1.55 1.71 1.89 Maximum Month Daily Demand (MGD) 1.94 1.97 2,17 2.40 . . . . Projections based on 2000 U.S. Census. 3.2 Individuals per residence mulllplled by ERC for active corrections. 3.2.4 Orange Tree Utility Company (OTUC) Table 3-8 shows the projected populations for the areas served and to be served within the existing OTVe service area. The population is shown in 5-year increments, through 2012 when operation of the OTVe will be taken over by eeWSD. Table 3-8, Population Projections for Areas Served by OTUC Year 2005 2008 2012 Served Area Population 1 2,631 5,700 9,500 . . Service area populatIons based on eXisting connectIons and forecasted connections per developer agreements as reported by OTUC In an e-mail memo to Collier County Community Development and Environmental Services on September 27. 2007. 3-6 The OTUe LOSS includes operational standards and a per capita water demand standard of 100 gpcd, Based on the LOSS of 100 gpcd and the population projections presented in Table 3-8, the demand projections for the IWSD were developed. Table 3-9 presents the projected served population and demand for the OTUe, in 5-year increments, through 2012. Demand is provided as both AADD in MGD and MMDD also in MGD. MMDD is determined by multiplying the AADD by a peaking factor, which in this case is 1.2. T bl 3 P . P dO df A S d b OTUC a e -9, rOfecl opu allon an eman or reas erve )y Year 2005 2008 2012 Service Area Population 1 2,631 5,700 9,500 Demand Per Capita (gpcd) 100 100 100 Annual Average Daily Demand (MGD) 0.26 0.57 0.95 Maximum Month Daily Demand (MGD) 0.32 0.68 1.14 1 Service area populations based on existing connections and forecasted connections per developer agreements as reported by OTUC in an e-mail memo to Collier County Community Development and Environmental Services on September 27. 2007. 3.2.5 Ave Maria Utility Company, LLLP (AMUC) Table 3-10 shows the projected populations for the areas served and to be served within the existing AMUe service area. The population is shown in 5-year increments, through 2018. Table 3-10. Population Projections for Areas Served by AMUC Year 2007' 2008 2013 2018 Served Area Population 1 2,924 3,886 14,985 27,255 , ... Service area populations based on PrelIminary DeSign Report for Wastewater Treatment FacIlities, prepared by CH2M Hill, June 2004 and supplemented with comments received from AMUC in a letter dated September 20.2007. 2 AMUC began service in early 2007. The AMue LOSS includes operational standards and a per capita water demand standard of 110 gpcd. Based on the LOSS of 110 gpcd and the population projections presented in Table 3-10, the demand projections for the AMUe were developed, Table 3-11 presents the projected served population and demand for the AMUe, in 5-year increments, through 2018. Demand is provided as both AADD in MGD and MMDD also in MGD. MMDD is determined by multiplying the AADD by a peaking factor, which in this case is 1.2. 3-7 Section 3 Population and Demand Projections T P dO f db M able 3-11. roject PopulatIon an emand or Areas Serve oyA UC Year 2007' 2008 2013 2018 Service Area Population 1 2,924 3,886 14,985 27.255 Demand Per Capita (gpcd) 110 110 110 110 Annual Average Daily Demand (MGD) 0.32 0.43 1,65 3.00 Maximum Month Daily Demand (MGD) 0.39 0.51 1.98 3.60 " Service area populatIOns based on Preliminary DeSign Report for Wastewater Treatment Facilities, prepared by CH2M Hill, June 2004 and supplemented with comments received from AMUC in a letter dated September 20. 2007, 2 AMUC began service in early 2007. 3-8 Section 4 Existing Water Supply Facilities 4.1 Collier County Water-Sewer District (CCWSD) 4.1.1 Water Supply Permits The SFWMD regulates withdrawals from groundwater sources in Collier County. CCWSD currently maintains two consumptive use permits (CUPs); one for potable water supply and one for supplemental supply of the reclaimed water system. Two modifications of the CUP for potable water supply have been requested by CCWSD; one to increase the allocation of freshwater to maximize usage of existing facilities and the other to supply the planned Northeast Regional Water Treatment Plant (NERWTP). The NERWTP and additional planned facilities within the CCWSD system are discussed in SectionS.I. Table 4-1 provides details on the CUPs CCWSD currently maintains and has requested. Table 4-1. Consumotive Use Permits Issued by SFWMD to CCWSD Consumptive Aquifer Number of Expiration Annual Average Maximum Use Permit Permitted Date Allocation Day Monthly Wells (MG) Allocation Allocation (MGD) (MG) LT 36 02/08/26 6,868 18.82 N/A HZ1 46 02/08/11 5,840 16.00 N/A 11-00249-W LH 28 02108/26 N/A N/A N/A Total 110 20,490 56.14 1981 .. ... L.... ._~-- ._~-- -_.._.~ 060908-9' I LT I 0 r TBiJj2:803-l 7.68 I N/A TBD! .... LT 3 949 2.60 N/A HZ1 4 TBD 730 2.00 N/A 070529-122 LH 14 TBD 3,650 10.00 N/A Total 21 5,329 14.60 452.6 . .. .. .~ LT 7 TBD 11-00052-W3 2,639 7.23 N/A WT 6 TBD Total 13 2,639 7.23 N/A L T ~ Lower Tamlaml LH ~ Lower Hawthorn HZ1 ~ Hawthorn Zone 1 WT ~ Water Table 1 Application in process for modification of the consumptive use permit 11-00249-W to increase the allocation of freshwater to maximize usage of existing facilities. The requested modification was submitted on September 8, 2006. 2 Application in process for modification of the consumptive use permit 11-00249-W to supply the ~Ianned NERWTP. The requested modification was submitted on May 29, 2007. Consumptive use permit for supplemental reclaimed water wellfield. 4-1 Section 4 Existing Water Supply Facilities The CCWSD also has a permit for operation of a 1 MGD potable water ASR well near the Manatee Pumping Station Site. Pursuit of Additional Freshwater Withdrawals CCWSD has been and continues to be a leader in the development of alternative water supplies in Florida. Starting in the mid-1990s CCWSD realized that it could not meet the future demands of its customers with traditional water supplies and committed to a program of alternative water supplies that included the use of brackish groundwater and aquifer storage and recovery (ASR) for potable supply, and reclaimed water for irrigation purposes. Through its extensive use of alternative water supplies, Collier County has determined that to most efficiently operate its alternative water supply (low pressure reverse osmosis (LPRO) for brackish water) treatment equipment, it must provide a post treatment blend of freshwater prior to distribution. Therefore, CCWSD intends to continue pursuit of additional minimal freshwater supplies to maximize the efficiency of it alternative water supply program. CCWSD's decision to pursue additional freshwater supplies is supported by recently identified groundwater trends. Through its rigorous groundwater monitoring program, CCWSD identified trends in water level data from both the Lower Tamiami (LT) Aquifer and the Water Table (WT) Aquifer (connected to surface water flows, i.e., wetlands) that indicate that despite extended drought conditions and increased pumping from the L T Aquifer, water levels in key indicator wells are remaining steady and in some cases increasing. These trends suggest that additional pumping of the L T Aquifer is possible without impacting the WT Aquifer or wetlands, which is the main concern that directed CCWSD away from traditional sources more than a decade ago. While CCWSD has identified a desire to pursue additional freshwater withdrawals from the L T Aquifer, it remains committed to A WS and intends to continue to be a steward to this valuable resource utilizing it only to maximize the efficiency of its existing infrastructure and planned A WS projects. The CCWSD's intent to pursue additional minimal freshwater withdrawals from the L T Aquifer to maximize the efficiency of existing infrastructure and planned A WS projects is not inconsistent with the 2005-2006 LWCWSP published by the SFWMD, which states on page 47, "Additional freshwater supplies may be available in some portions of the LWC Planning Area, but finding permittable sites has been and will continue to be challenging. Site-specific investigations will be needed. Opportunities may also be created by retiring existing nonpotable uses when land uses change or when reclaimed water is supplied, and by designing dry season recharge systems that rely on supplies of reclaimed water or surface water captured during the wet season." The 2005-2006 LWCWSP also provided the following language on page 96, specific to the CCWSD, regarding the exclusion of freshwater projects submitted by CCWSD from L WCWSP. "Exclusion of freshwater projects from this plan update does not limit or influence the permittability of these supply projects. Supporting studies will be needed to determine availability of traditional sources, which are limited by resources and other constraints." 4-2 Section 4 Existing Wafer Supply Facilities In addition to the water level trends observed in its monitoring wells, CCWSD has performed and is performing multiple studies to determine the viability of the LT Aquifer for additional allocations. To date, CCWSD has developed a calibrated groundwater model and utilized the MIKESHE model developed by the Army Corp of Engineers for the Picayune Strand Restoration Project to determine the potential impact of additional freshwater withdrawals on wetlands. The modeling efforts performed to date indicate that there would be no measurable impact on wetlands from the proposed additional withdrawals. CCWSD is also in the process of constructing freshwater monitoring well clusters around the County that will provide longer term water level data for areas of the County away from its wellfields. CCWSD is confident that the modeling efforts performed to date, and its on-going water level monitoring program, will provide the required assurances to allow the SFWMD to increase its permitted allocation of freshwater from the L T Aquifer. For this reason, CCWSD has based its future water supply facilities plans on an ability to obtain a reasonable amount of freshwater to maximize the efficiency of existing infrastructure and planned A WS projects. 4.1.2 Potable Water Facilities 4.1.2.1 Wellfields Currently, the CCWSD operates three wellfields: the Golden Gate Tamiami Wellfield, the North Hawthorn Reverse Osmosis (RO) Wellfield, and the South Hawthorn RO Wellfield. The location of each of these wellfields is illustrated in Figure 4-1. The North Hawthorn RO and South Hawthorn RO wellfields contain wells that tap the Hawthorn Zone 1 (HZI) and the Lower Hawthorn (LH) aquifers, both of which are brackish in those areas of Collier County. The wellfields serve the low pressure reverse osmosis (LPRO) treatment trains at the North County Regional Water Treatment Plant (NCRWTP) and the South County Regional Water Treatment Plant (SCRWTP), respectively. The Golden Gate Tamiami Wellfield contains wells that tap the LT Aquifer, which contains freshwater. The wellfield serves the membrane filtration (MF) equipment at the NCRWTP and the lime softening (LS) equipment at the SCRWTP. Tables 4-2, 4-3, and 4-4 summarize the existing wells in the Golden Gate Tamiami Wellfield, the North Hawthorn RO Wellfield, and the South Hawthorn RO Wellfield, respectively. 4.1.2.2 Water Treatment Facilities The CCWSD is served by two water treatment plants (WTPs), the NCRWTP and the SCRWTP, which are shown in Figure 4-2. The NCRWTP is located on the north side of Vanderbilt Beach Road Extension east of CR-95I in the northeastern quadrant of the service area. The plant utilizes groundwater withdrawn from the LT, HZI and LH aquifers. Water from the LT Aquifer is treated using MF, while water from the HZI and LH aquifers are treated by 4-3 o <>: o et: ) , W L,J I ---.J J! i OJ OJ o .75 1.5 ~_ I SCALE IN MILES NCRWTP I I \ <t ct: <t [lJ et: <>: [lJ <t Z <>: Lf) et: U 30" 30" I Ii (CR'& 6) ~'-'::::--..J '-...~ iNT "'--- ALLIGATOR ALLEr (SR B'l) RADiO ROA ~ (CR 856 I j en m et: U LE:GE:NO .EVARD EXT , I >- >-- ZZO :::Jet: <t O<t 0 umG:: EXISTING RAW WATER TRANSMISSION MAINS EXISTING WELLS . RA TTLESNAKE HAMMOCK ROAD ~ (CR 864) "'\ JOAN'S RD SABAL PALM CONI FIGURE 4-1 COLLIER COUNTY 10-YEAR WATER SUPPLY FACIL TIES WORK PLAN ....,-..VANDHANB.N EXISTING CCWSD WELLFIELOS AND RAW WATER TRANSMISSION MAINS Table 4-2. Existing CCWSD Golden Gate Tamiami Wellfield' Well Aquifer Total Depth Depth of Diameter Capacity No. (ft) Casing (ft) (in) (gpm) 1 LT 96 50 16 700 2 LT 100 50 16 700 3 LT 100 51 16 700 4 LT 102 52 16 700 5 LT 108 50 16 700 6 LT 101 65 12 700 7 LT 106 65 12 700 9 LT 114 65 12 700 10 LT 112 71 12 700 11 LT 137 90 12 700 12 LT 133 90 12 700 13 LT 130 84 12 700 14 LT 131 85 12 700 15 LT 130 84 12 700 16 LT 150 92 12 700 17 LT 125 78 12 1000 18 LT 126 80 12 1000 19 LT 128 83 12 1000 20 LT 131 83 12 1000 21 LT 110 62 12 1000 22 LT 101 62 12 1000 23 LT 111 59 12 1000 24 LT 109 58 12 1000 25 LT 110 65 12 1000 26 LT 106 65 12 1000 27 LT 105 61 12 1000 28 LT 120 66 12 1000 29 LT 125 72 12 1000 30 LT 120 58 12 1000 31 LT 120 65 12 1000 32 LT 120 65 12 1000 33 LT 120 70 12 1000 34 LT 120 80 12 1000 35 LT 145 102 12 1000 36 LT 125 92 12 1000 37 LT 150 100 12 1000 1 Information on existing wells taken from CUP #11-00249-W. 4-5 Section 4 Existing Water Supply Facilities Table 4-3. Existing North Hawthorn RO Wellfield Summary' Well No. Aquifer Total Depth Depth of Diameter Capacity (ft) Casin9 (ft) (in) (gpm) RO-1N LH 801 705 16/122 1000 RO-2N LH 780 734 16/122 1000 RO-3N LH 800 720 16/122 1000 RO-4N LH 891 744 16/122 1000 RO-5N LH 1070 790 16/122 1000 RO-6N LH 975 740 16/122 1000 RO-lN LH 977 775 16/122 1000 RO-9N LH 952 780 16/122 1000 RO-10N LH 1011 750 16/122 1000 RO-11N LH 951 735 16/122 1000 RO-12N LH 891 730 16/123 1000 RO-13N LH 925 731 16/123 1000 RO-14N LH 950 713 16/124 1000 RO-15N LH 957 737 16/123 1000 RO-16N LH 989 751 16/123 1000 RO-17N LH 996 780 16/123 1000 RO-18N LH 1000 700 16 1000 RO-19N LH 1000 700 16 1000 RO-20N LH 1000 700 16 1000 RO-101N HZ1 512 397 16 350 RO-102N HZ1 500 400 16 350 RO-109N HZ1 475 404 16 350 RO-114N HZ1 514 412 16 350 RO-115N HZ1 500 400 16 350 RO-116N HZ1 500 400 16 350 RO-117N HZ1 500 400 16 350 RO-118N HZ1 500 400 16 350 RO-119N HZ1 500 400 16 350 RO-120N HZ1 500 400 16 350 Information on eXisting wells taken from CUP #11-00249-W. 2 16-inch casing to 100 feet, then 12-inch casing to production casing depth. 3 16-inch casing to 150 feet, then 12-inch casing to production casing depth. 4 16-inch casing to 160 feet, then 12-inch casing to production casing depth. 4-6 Section 4 Existing Water Supply Facilities T bl 4 4 E .. 5 th H th RO W lit' Id 5 a 8 - . xlstma ou aw orn e 18 umma ry Well No. Aquifer Total Depth Depth of Diameter (in) Capacity (9pm) (ft) Casing (ft) RO-1S HZ1 420 312 16/122 1000 RO-2S HZ1 400 292 16/12' 1000 RO-3S HZ1 403 293 16/12' 1000 RO-4S HZ1 402 331 16/122 1000 RO-5S HZ1 402 297 16/12' 1000 RO-6S HZ1 421 317 16/122 1000 RO-7S HZ1 442 328 16/122 1000 RO-8S LH 982 660 16/122 1000 RO-9S LH 682 630 16/12' 1000 RO-lOS LH 842 630 16/122 1000 RO-11S LH 963 653 16/122 1000 RO-12S HZ1 422 299 16/122 1000 RO-13S HZ1 400 295 16/122 1000 RO-14S HZ1 422 298 16/12' 1000 RO-15S HZ1 402 295 16/122 1000 RO-16S HZ1 420 300 16 1000 RO-17S HZ1 420 300 16 1000 RO-18S HZ1 420 300 16 1000 RO-19S HZ1 420 300 16 1000 RO-20S HZ1 420 300 16 1000 RO-21S HZ1 420 300 16 1000 RO-22S HZ1 420 300 16 1000 RO-23S HZ1 420 300 16 1000 RO-24S HZ1 420 300 16 1000 RO-25S HZ1 420 300 16 1000 RO-26S HZ1 420 300 16 1000 RO-27S HZ1 420 300 16 1000 RO-28S HZ1 420 300 16 1000 RO-29S HZ1 420 300 16 1000 RO-30S HZ1 420 300 16 1000 1 . . Informatron on eXisting wells taken from CUP #11-00249-W. 2 16-inch casing to 120 feet, then 12-inch casing to production casing depth. 4-7 Section 4 Existing Water Supply Facilities Table 4-4. Existing South Hawthorn RO Wellfield Summary' (Continued) Well No. Aquifer Total Depth Depth of Diameter (in) Capacity (gpm) (ft) Casino (ft) RO-31S HZ1 420 300 16 1000 RO-32S HZ1 420 300 16 1000 RO-33S HZ1 420 300 16 1000 RO-34S HZ1 420 300 16 1000 RO-35S HZ1 420 300 16 1000 RO-36S HZ1 420 300 16 1000 -r---" RO-37S HZ1 420 300 16 1000 RO-38S HZ1 420 300 16 1000 RO-39S HZ1 400 300 16 1000 RO-40S LH 1000 700 16 1000 RO-41S HZ1 400 300 16 1000 RO-42S LH 1000 i 700 16 1000 Information on eXIsting wells taken from CUP #11-00249-W. 2 16-inch casing to 120 feet, then 12-inch casing to production casing depth. LPRO. Currently, the plant is capable of producing 20 MGD of finished water; 12 MGD from the MF process and 8 MGD from the LPRO process. The SCRWTP is located near the intersection of CR-951 and 1-75 about 5.5 miles south of the NCRWTP. The plant utilizes groundwater withdrawn from the L T, HZl and LH aquifers. Water from the LT Aquifer is treated using LS, while water from the HZl and LH aquifers are treated by LPRO. Currently, the plant is capable of producing 32 MGD of finished water; 12 MGD from the LS process and 20 MGD from the LPRO process. A summary of the existing water treatment facilities is provided in Table 4-5. In addition to identifying the design capacity of each treatment train, the amount of raw water required to achieve the design capacity is also provided. Table 4-5. Summar of Existing CCWsD Water Treatment Facilities Facility Name Design Raw Water Raw Water Traditionall Alternative C<lpacitv (MGD) Requirement' (MGD) Source NCRWTP MF 12.00 14.12 LT Traditional (Fresh) NCRWTP LPRO 8.00 10.67 LH/HZ1 Alternative (Brackish) SCRWTP LS 12.00 12,37 LT Traditional (Fresh) SCRWTP LPRO 20.00 26.67 LH/HZ1 Alternative (Brackish) Total 52.00 63,82 ... Information on eXisting treatment faCIlities taken from the Collier County 2008 Water Master Plan Update, adopted by the Collier County BCC on June 24, 2008, 2 Raw water requirement is the amount of raw water needed to make a certain amount of finished water. it is calculated by dividing the finished water capacity by the efficiency of the treatment process. 4-8 , I ~ . ALLIGATOR AlLEYfSR84) '1 ~ \< .I" (;T",..,rAH --' c;l ,...., -~ l' ""i \, \~ , \ \ g '~ 5 \ ~ l!)~ \ ~ \r~ > , \, \ \rc-' ~ \ 1\ . \ '<NO,"8", "" ~ l ,~ ~ , . \;, j\ \~ ,- . ~ ~<~I-'"'' " l~ 2 !I~ i ~~ \ SCRWTP tRe86 \ r ',-,:.~ INl ;,TATE _ RADIO '"OAD:: 80>6 -~C~--=.::.==::::;::.== ~ L(E CD COLLIER CO " ;1, ~I ~ ') ( \~ .1 -\ I i ---, / , =;,,-;=--:: -- . I ' " ~ ~- r~_ 'LIOKIIlEE ROAD CR 4 " 0, NCRWTP Q < () - > ~ , a '-rJ \ ~ , ARPORT)' ';?: \ t:"1 ! \ ><. i "-' \ \ C1 I a , \ '.'n')'C""~r' - }< ~:? g ~ . \ '" ""{-t, LEGEND EXISTING POTABLE WATER TREATMENT FACILITIES - COM _ ~YANDHAN"N '" o 1,5 "",,-- SCALE IN 3.0 , MILES FIGURE 4-2 COLLIER COUNTY lO-YEAR WATER SUPPLY FACIL TIES WORK PLAN EXISTING CCWSO POTABLE WATER TREATMENT FACILITIES Section 4 Existing Water Supply Facilities 4.1.2.3 Pumping, Storage, and Transmission The existing transmission facilities consist of transmission pipelines, water storage tanks, an aquifer storage and recovery (ASR) system, and pumping facilities. The storage and pumping facilities utilized by CCWSD are shown in Figure 4-3. The pumping facilities are comprised of high service pumps located at both water treatment plants, four water booster pumping stations and an in-line booster pump station. Ground storage tanks at the treatment facilities and at the booster pumping stations provide system storage and reserve capacity to help meet the peak hourly demands of the system. The booster pumping stations and storage tanks are located at the Isle of Capri, Manatee Road, and Carica Road. The CCWSD also maintains and operates the Goodland Water Booster Pumping Station, which is part of the Goodland Water Sub-District. An in-line booster station is located in the northwest portion of the system near Vanderbilt Drive. In addition to the traditional storage and pumping facilities mentioned above, CCWSD operates a 1 MGD potable water ASR system at the Manatee Road Pumping Station. Potable water is stored at various strategic points in the CCWSD distribution system to help meet diurnal peak system and fire flow demands. A summary of the existing storage facilities is provided in Table 4-6. Table 4.6. Summary of Existing CCWsD Water Storage Facilities Facility Name Tank Volume (MG) Usable Storaoe Volume (MG) NCRWTP 12.00 11.10 SCRWTP 14.00 12.40 Isle of Capri 0.25 0.20 Manatee Road Pumpinq Station 2.00 1.80 Carica Road PumDinq Station 10.00 9.30 Manatee Road ASR2 N/A -1MGD Svstem Total 38.25 34.80 . . ... InformatIOn on eXisting water storage faCilities taken from the Collier County 2008 Water Master Plan Update, adopted by the Collier County BCC on June 24, 2008. 2 Storage volume for Manatee Road ASR not included in total. Potable water is pumped from the plants into the distribution system. The distribution system includes water mains designated as either transmission or distribution mains. The CCWSD pipelines 16 inches in diameter and larger are generally termed transmission mains. These are typically located along arterial and collector roadways and convey water to major demand areas. Pipelines smaller than 16 inches in diameter are generally called distribution mains, branching off the transmission system to supply individual users. 4-10 ~ ~, ^.1l' 'I < v " < -I , LEE CO COLLIER CO (CR858 (Cl'l!l4f.) .... NAPLES-IMMOKALEE ROAO \ KALE( ROAD CR 4' . <:;1 c: \\ .~ - -~~ 'CAR~A II ,1> BOO TER : .,,;:A~IuO.~~. JL~ ~ ;3 fi:;, " . " < 3 ~ ~ j! ~ o 1.5 3.0 ~_ I SCALE IN MILES t'" . ~ NCRWTP "rj " '" a "rJ ., GOLC,IIJ GATE KV'IAY \CR 686) " " ",... SCRWTP ~r~_ ALUGATOR ALLEY (SR 84) RAQIOROAO(CR8S6 ~ M >< - (j a '" ,WlSBOUl.f\?'G:::1fT.i'" o ' ~ :1 :.::~ o < I 0 " : i;j " u (CRenA) R"Hlf$N,o,K( HAI,'I)OCK ROAD MANATEE ROAD ASR .. MANATE STATION LEGEND EXISTING POTABLE W,6..TER STORAGE FACILITIES . ~ COM II DABELEY AND HANSEN FIGURE 4 3 COLLIER COUNTY lO-YEAR WATER SUPPLY FACIL TIES WORK PLAN EXISTING CCWSD POTABLE WATER STORAGE FACILITIES Section 4 Existing Water Supply Facilities The transmission mains and major distribution mains that serve the CCWSD are illustrated in Figure 4-4. Overall, the CCWSD owns and maintains over 800 miles of water transmission and distribution pipelines, up to 42 inches in diameter, with over 53,000 individual service connections. 4.1.3 Reclaimed Water Facilities CCWSD operates the largest reclaimed water system within the jurisdiction of the South Florida Water Management District. Currently, the system serves 28 customers with contractual commitments of 22.3 MGD. The majority of the existing customer base is golf courses, residential communities, environmental mitigation areas, county parks, and roadway medians. There are more than 140 additional entities within Collier County that have requested connection to the reclaimed water system and are currently on a waiting list. 4.1.3.1 Water Reclamation Facilities CCWSD currently operates two water reclamation facilities (WRFs). The North County Water Reclamation Facility (NCWRF) and the South County Water Reclamation Facility (SCWRF), which are shown in Figure 4-5. Table 4-7 summaries the capacities of the existing reclaimed water facilities. Table 4-7. Summary of Existing Water Reclamation Facilities 1 Facility Name Design Capacity (MGDt NCWRF 24.10 SCWRF 16.00 Total 40.10 '" Information on eXisting water reclamation faCIlities taken from the Collier County 2008 Wastewater Master Plan Update, adopted by the Collier County BCC on June 24, 2008. 2 The design capacities do not refiect the amount of reclaimed water available from the facilities. The amount of reclaimed water available is based on influent flow and treatment efficiency, which on an average daily basis is currently 10 MGD. 4.1.3.2 Reclaimed Water Pumping, Storage, and Transmission The reclaimed water distribution system, which consists of 125 miles of transmission and distribution pipeline, is currently divided into two services areas; one in the north and one in the south, that are supplied by the respective WRF. There are a few small interconnects between the two service areas, but the system is hydraulically limited from passing large volumes of water from one service area to the other. This issue is currently being addressed by the development of a reclaimed water booster pump station that will interconnect the two service areas and provide the capacity for transferring up to 5 MGD of reclaimed water. Reclaimed water produced at the two water reclamation facilities (WRFs) can be temporarily stored in on-site ponds. Storage of up to 1 million gallons (MG) is also available at the former Pelican Bay WRF, which was decommissioned in 2006 and 4-12 I,) ~ 8 LEE CO COLLIER CO " o " w < 1; , , , ~ CR 58 < 2' _ ,',dOKJllEE ROAD CR 4 ". o 1.5 ~- SCALE IN 3,0 , MILES ". " 12-~ " ACH Rr Q (1 < , ". 16":? ". c:: ' '\ \ ' "" 3 t'-< IiI ,,' ~ . '""1 "j', ". ,. < Ie ,at ~ ~ a ~ ~ ". ,'IN '""r, < ". ,.. , ~ ". 0 " '""1 ,jLl1; ". 4210. ~ J6. 1l ~ M 'x. >--; CJ o ""'" " TAT[,;a: ". AlliGATOR ALLEYISR 84j " I \ .\ -1 i I , \1 Uj' \4 \ '~ ,. $ ~ ,: ~~:~~ ~ \, ~ r7 i ,. \~~ )~ 'i ~ ~ {r; ~ib l)~ (~ \, , . , ". , I " LEGEND EXISTING POTABLE WATER TRANSMISSION MAINS NOTE: MAINS SHOWN ARE GENERALLY 12~ OR GREATER. 8" AND 10" MAINS SHOWN f'OR CRITICAL lOOPS. c:: w c:: CDM II....L&YAND HANSEN FIGURE 4-4 COLLIER COUNTY lO-YEAR WATER SUPPL Y FACIL TIES WORK PLAN EXISTING CCWSD POTABLE WATER TRANSMISSION MAINS , . ~ ~ \ , , \\~ ~" \~. \~ \ l _ I~ I ti VAIvUfF?BIL < .... ~ Q , ., A.CH R(,',-'-"'" 9 \. lb \ , H 3"., $l Il ~' \0 ,v " I~ ~ fl,;-. \~' ~ Il; ; W~ ,- \ \ \ " (1 c: r ""1 o ""1 S::, M >< >-; CJ o LEGEND EXISTING WATER * RECLAMATION FACILITIES COM II DAEB.EYAND HANSIIN , t I ',;..B..Q.6Il.1.!:a.,.;,J i . " " o < o " w ~ o , > J 'j (CR85!l.) ~ f LEE CO COlliER CO II I ,-~ IMI~OKA.LH RO"'O CR!l4 \ -: EXISTI~ NCWRF \~ 'I , I -.k,L.i--~ I ~ I o 1,5 ~- SCALE IN 3.0 l MILES ~ < " ~ " ~ ~ " u l"' o o o " 'EN CAT( l-l~lKWA~ lCR 856. \:: '<.::~_ ,_--.illJ~ ~ ~, RAOIOROAD(CR8S6 \C-~~ AlUGAl?RA.LL€:Y(S~ ~.- , \ \ \ \ I , I ^"'''''''''\I,^''~','' ," 8~ ;;; '.' " < u WRF FIGURE 4-5 COLLIER COUNTY 10-YEAR WATER SUPPL Y FACIL TIES WORK PLAN EXISTING CCWSD WATER RECLAMATION FACILITIES Section 4 Existing Water Supply Facilities converted to a reclaimed water storage and pumping facility. Additional storage is achieved in the distribution system which provides 130 MG of wet weather storage. Excess water is pumped into deep injection wells (DIWs) for disposal. Figure 4-6 presents the reclaimed water distribution system. One of the significant issues that the reclaimed water system must contend with is wet weather storage. During the wet season, demand for reclaimed water drops off sharply and CCWSD is forced to put the reclaimed water down its DIWs from which it cannot be re,covered. The County has identified this scenario as a waste of a valuable resource and is making efforts to reduce the amount of reclaimed water that is disposed during the wet season. To this end, a reclaimed water aquifer storage and recovery (ASR) is being developed. The initial phase of the reclaimed water ASR is ongoing with cycle testing to commence after a testing protocol that won't violate FDEP's arsenic rule has been established. Following 18 months of cycle testing, the ASR will be put into service, where it is expected to provide between 0.5 and 1 MGD of reclaimed water to meet peak season demands. 4.1.3.3 Supplemental Wellfields In addition to the two existing WRFs pumping and storage facilities, CCWSD utilizes two supplemental wellfields to meet its contractual requirements. The locations of the two wellfields, known as the Pelican Bay Wellfield and the Immokalee (Mule Pen Quarry) Wellfield, are shown in Figure 4-6. The wellfields are permitted under CUP 11-00052-W, described in Section 4.1.1, which allows CCWSD to withdraw water from the L T Aquifer in the Pelican Bay Wellfield and the WT Aquifer at the lmmokalee Wellfield, to meet peak demands within the reclaimed water distribution system. A summary of the wells that make up these well fields is provided in Table 4-8. Table 4.8. Summary of Existing CCWsD Supplemental Wells 1 Well Aquifer Total Depth Depth of Diameter Capacity (gpm) No. (ft) Casinq (ft) (in) 1 LT 100 50 10 300 2 LT 100 50 10 300 3 LT 100 50 10 300 4 LT 100 50 10 300 5 LT 100 50 10 300 6 LT 100 50 10 300 7 LT 100 50 10 300 8 WT 35 20 10 500 9 WT 35 20 10 500 10 WT 35 20 10 500 11 WT 35 20 10 500 12 WT 35 20 10 500 13 WT 35 20 10 500 . . Information on eXisting wells taken from CUP #11-00052-W, 4-15 t-~" . , .""'"'' "'CH I eo, 1,<-1, \ ~ \ ~ \ \ rJ;;?i \ ( \ ;;;;:1 \ \ u \ oq , \ ~~ '~~ 0 \\1\\; \d("'i ~\ ; \ 1"!' ~.' \ ~ \ .> (,1 (-.~ , \ II.. '5 \ i- \\ 1\ _ I L. It"ND[R81!rT~ 1 0 ACff !?OA \ '~ \v \ \ \~ 1 )~- II~ i~ ~~ \1G:7 I ~ i I , \ i , \ \ I \ \ i r- ~ ""':!:J () I-J-I 'J , I '~ ~ tr:l >< '--\ Cl o LEGEND WAfERREClAUATlON * FACUlTY EXrSTlNGREClAIIoIEO_ WATER MAINS SUPPLEIO:(NTAl WELLFIELOS * NOTE: MAINS SHOWN ARE GENERALLY 12" OR GREATER. 8~ AND 10~ MAINS SHOWN FOR CRITICAL LOOPS. ~ COM II ORIIELBiY AND HANBI!N .. 2 12 2 2 ~ ; ~ ~ " 2 " < ~ oc , " 8 LEE CO COLLIER CO 6 " ~ ~ , 2 4 2Q 2 o 1.0 ~- SCALE IN II 2.0 , MILES ."..rC-_IM'i,,~A.LEERO"'C'!.::~ 12 o ~ " ., < ^ oc ~ :i ~___ '\.3ill1lli.e.Il-7~. \ ~ ----=-l'~--=-~-.--J, {7 APl[S 'i i" --..::~_ (5<~ 12 .'~O;O"(""" i ,. ~~. l AIRPORT 2 I ~ 12 12 16! (}A\IIC ."\,,, VMil rXI (<;R 84 n 20 20 0 0 " < ;; 06 ~ ., 0 ~ .., 6 " ~ < I " " !1 I " PINE Rlr'er ROAO ' ~ < 0 16 }, 6 "../ il ~..J/ \ \ \ ! \ \ ) [ r '. . I " ~\ \\ \); i \ " \ I\. I \\., ~ " c 5<8.O.tP.,.. FIGURE 4-6 COLLIER COUNTY lO-YEAR WATER SUPPLY FACIL TIES WORK PLAN EXISTING CCWSD RECLAIMED WATER DISTRIBUTION SYSTEM '0,6 16 o < " 8 JOAI"_RO Section 4 Existing Water Supply Facilities 4.2 Immokalee Water and Sewer District (IWSD) 4.2.1 Water Supply Permits The IWSD maintains one CUP for potable water supply. The details of the CUP are presented in Table 4-9. Table 4-9. Consumptive Use Permits Issued by sFWMD to the Immokalee Water and Sewer District Consumptive Aquifer Number of Expiration Annual Average Maximum Use Permit Permitted Date Allocation Day Day Wells (MG) Allocation Allocation (MGD) (MGD) 11.00013-W Lower 16 6/15/2010 1,227 3.36 4.70 Tamiami 4.2.2 Potable Water Facilities 4.2.2.1 Wellfields Currently, the IWSD operates three wellfields; one adjacent to each of its WTPs. The locations of each of these wellfields and WTPs are illustrated in Figure 4-7. The wells maintained by the IWSD tap the L T Aquifer, which is a traditional freshwater source. Table 4-10 summarizes the existing wells operated by the IWSD. 4.2.2.2 Water Treatment Facilities The IWSD is served by three interconnected water treatment facilities; the Jerry V. Warden WTP, the Airport WTP and the Carson Road WTP, which are shown in Figure 4-7. Tab e 4-10. ummarv 0 xlstm9 ota e ater e s Well No. Aquifer Total Depth Depth of Diameter Capacity (ft) Casinq (ft) (in) (com) 1 LT 275 236 4 110 2 LT 225 140 6 400 3 LT 315 230 8 200 4 LT 275 250 8 225 5 LT 275 236 8 225 6 LT 175 95 8 250 7 LT 278 234 8 250 8 LT 200 140 8 350 9 LT 200 140 8 350 10 LT 200 125 8 350 11 LT 200 154 6 250 12 LT 210 140 8 200 13 LT 210 128 8 350 14 LT 180 100 8 350 15 LT 180 100 8 350 16 LT 187 107 6 350 - - 5 f E .. IWsD P bl W WII Information on eXisting wells taken from CUP #11 00013 W. 4-17 0 0 0 0 >- ~:f w w 0 "- 0 ;;; 0 0 w ~ '" u <n 0 w , r " '" I I : ! i----~ --,---!- __i_ - I ~ J I . I !) .~ -- -.-'-.-' , ' I . ' ;. in jl;~ ~ -r-:7 : ~. :~. ;1; . v'Y' : !I ) ,Y51~; ~l I t .~. tY,~I- ~- I I!! ....~ I + f f&~ L I I ...! -.~ j \1 :',C< 2" 5.R. 28: !I I II n.' I !I : I i n~ - + ~. I j : It I ' 5l!! ' :1 l ,? ,:! l r++~f i ;1.: I_~ y j I . ~"i' t .L C I I " I l/\J '.. T iT ~ \ I i \:.~\ ' .l r \ "" i /! :-~ /. . I ) '", ~ '. i L..~_i_ _. . +1",1).) ,- "I _--,-_ . . . v '" ' J' ------.--,...-::..~~-'-----i--....-.. ~ ~- ~ <> ~I ~ ~ ~ ~ ~ ~ o "- o N "- m o ,ii I i I .. i 2 I ----...I ~ , v " GO ~ GO "ZUJ ,<w '<t'-l~ LUa..~ lr:.:-l ::>lr~ '-'OU ~~< "-~"- UJ)- W-l ~a. I-a. ~::> uUJ <lr "-w )-1- -l< a.~ a. ::>0 UJUJ lr~ W 1-'-' <z ~~ I- lrUJ <~ wX )-w I o )- I- Z ::> o u lr W ~ -l -l o U I fil . Section 4 Existing Water Supply Facilifies The Jerry V. Warden WTP is located on the west side of Sanitation Road, south of CR- 29. Freshwater from the L T Aquifer is treated at the plant using lime softening (LS). The plant has a finished water capacity of 2.25 MGD. The Carson Road WTP is located on the west side of Carson Road, north of Lake Trafford Road. The plant utilizes LS to treat the freshwater from the L T Aquifer and has a finished water capacity of 0.9 MGD. The Airport WTP is located east of New Market Road East, north of CR-846. LS is utilized at the plant to treat freshwater from the L T Aquifer. The finished water capacity of the plant is 1.35 MGD. A summary of the existing water treatment facilities is provided in Table 4-11. In addition to identifying the design capacity of each treatment train, the amount of raw water required to make the design capacity is also provided. 4.2.2.3 Pumping, Storage, and Transmission The existing transmission facilities consist of transmission pipelines, water storage tanks, and pumping facilities. The transmission facilities utilized by IWSD are shown in Figure 4-7. Water from the Jerry V. Warden WTP is pumped to two ground storage tanks, with a total capacity of 1.80 MG, located on the plant site. Water from the Carson Road WTP is pumped to an on-site 0.5 MG ground storage tank. Water from the Airport WTP is pumped to an on-site 0.75 MG ground storage tank. From the storage tanks water enters the distribution system which consists of mains ranging in size from 2-inch to 12-inch. The distribution system contains approximately 100 miles of mains. Table 4-12 summaries the existing water storage facilities utilized by IWSD. Table 4-11. Summary of Existing IWsD Water Treatment Facilities 1 Facility Name Desi9n Raw Water Raw Water Traditionall Capacity Requirement' Source Alternative (MGD) (MGD) Jerry V. Warden WTP 2.25 2.32 LT Traditional (Fresh) Airport WTP 1.35 1.39 LT Traditional (Fresh) Carson Road WTP 0.90 0.93 LT Traditional (Fresh) Total 4.50 4.64 . . ... ..- Information on eXisting water treatment faCIlities taken from the 2005-2006 Lower West Coast Water Supply Plan Update approved by the Governing Board of the SFWMD on July 12, 2006. 2 Raw water requirement is the amount of raw water need to make a certain amount of finished water. It is calculated by dividing the finished water capacity by the efficiency of the treatment process. T bl 4 12 5 fE . tl IWsDW t st F '111' a e . ummary 0 XIS ng a er orage aCI les Facilitv Name Tank Volume IMGl Usable Storaoe Volume IMG) Jerry V. Warden WTP 1.80 1.80 Carson Road WTP 0.50 0.50 Airport WTP 0.75 0.75 Total 3.05 3.05 . . '" InformatIon on eXisting water storage faclllbes taken from CUP #11-G0013-W. 4-19 Section 4 Existing Water Supply Facilities 4.2.3 Reclaimed Water Facilities Currently, IWSD disposes of all effluent wastewater via an on-site spray irrigation field, percolation ponds, or deep well injection. 4.3 Florida Governmental Utility Authority (Golden Gate) (FGUA) 4.3.1 Water Supply Permits The FGUA maintains one CUP for potable water supply. The details of the CUP are presented in Table 4-13. T bl 4 13 C f U P 't I d b sFWMD t FGUA a e - onsumpllve se erml s ssue oy 0 Consumptive Aquifer Number of Expiration Annual Average Maximum Use Permit Permitted Date Allocation Day Monthly Wells (MG) Allocation Allocation (MGD) (MG) LT 3 (proposed) 9/11/2008 331 0.91 33.75 11-00148-W WT 9 9/11/2008 N/A N/A N/A Total 12 702 1.92 71.50 4.3.2 Potable Water Facilities 4.3.2.1 WelIfields Currently, FGUA operates one wellfield, with wells on or adjacent to its WTP site. The locations of these wells and WTP are illustrated in Figure 4-8. The wells maintained by FGUA tap the WT Aquifer, which is a traditional freshwater source. The two permitted LT wells are proposed and discussed in Section 5.3.1.1. Table 4-14 summarizes the existing wells operated by FGUA. Table 4-14. summarl of Wells Ooerated by FGUA Well No. Aquifer Total Depth (ft) Depth of Casing Diameter Capacity (gpm) (ft) (in) 1 WT 22 15 6 200 2 WT 22 15 8 250 3 WT 45 35 6 160 4 WT 45 35 8 200 5 WT 22 15 8 250 8 WT 22 15 8 250 9 WT 25 25 10 200 10 WT 25 15 8 200 11 WT 25 15 8 200 Information on eXisting wells taken from CUP #11-00148-W. 4-20 0 0 CO >- W W ~ t 0 <; ~ 0 n w ~ <( u en 0 . I I Jj ~ ~I ~! .~ !:o I;... ~ f~ / ,r" '....... \" 0 0 "" ,.,,"'''' .. ..- .......,,~ x # '- L. l ~ .;., -=::-~ 0 0 0.1, #+ ~ ~~ ~, / ;" ~I Cld-....,,~.::~..L. ',....... ---~"-~' ~ / g~ Lc=:>~. ' .r. ~ )"' -. '! II ~ / . I ' I I ,/i~J, II! .;: 0 ~ ~+ 0 .. /. Ji; . n ~ ~ ~ ~~~ ~~! . ~c::J ~ . ~ eo I CB ;, x ;1 ! . :. . '. I . ~ ~ 0 ~ x < . ii " ~ ~~ ~~ ~[;] ~db 'I o . ~ '. . ~/ij ;;;:-..-j w , I ~ o ~ " '"I . ii ~~ ! i~' " '" gu ~ ~" ~ ~~ ~~~ ~ ,u u. ,i o!fl i" ^ ~:;;~ ~I ~~; , g ~. , ." g a~ '-' ~f . ro o '- ~ N '- ro o 000* x x .t'{i'r11l ~.K.'..fOS ro , ~ ~ G: w ~ G: ooz>- , < >- .......- a..... w - ",:.:U ::>'" < <.:)Olo. -~>- lo.VlZ u.Ju.J -~ >->- ~< uw <'" lo.>- >-'" .... W 0.>- 0.< ~~ ",0 u.JZ >-< <0 ~.... ",u.J <i: u.J.... >-.... 'w so~ >-< >-::> z<.:) ::>lo. o U<.:) "'= u.J>- -Vl ....- ....x Ow U ] ] I x I I ! Ii . Section 4 Existing Water Supply Facilities 4.3.2.2 Water Treatment Facilities FGUA operates one WTP, the Golden Gate Water Treatment Plant, which is located west of CR-951, south of Golden Gate Parkway, as shown in Figure 4-8. The WTP has a finished water capacity of 1.22 MGD using LS, which is augmented by 0.87 MGD of RO for additional capacity. A summary of the existing water treatment facilities is provided in Table 4-15. In addition to identifying the design capacity of each treatment train, the amount of raw water required to make the design capacity is also provided. T bl 4-15 5 f E . t' FGUA W t T t tF 'lif a e ummary 0 XIS mg a er rea men aCI les Facility Name Design Raw Water Raw Traditionall Alternative Capacity Requirement' Water (MGD) (MGD) Sou rce Golden Gate WTP 1.22 1.38 WT Traditional (Fresh) (LS\ Golden Gate WTP 0.87 1.16 WT Traditional (Fresh) (RQ) Total 2.09 2.54 'C . . ... .. Information of eXisting water treatment faCilities take from the draft 2007 Water Master Plan Update, ~repared by Arcadis, June 2007, Based on Monthly Operating Reports submitted to FDEP. 4.3.2.3 Pumping, Storage, and Transmission The existing transmission facilities consist of transmission pipelines, water storage tanks, and pumping facilities. The transmission facilities utilized by FGU A are shown in Figure 4-9. Water from the WTP is pumped to a 0.52 MG ground storage tank, located on the plant site. From the storage tank water enters the distribution system which consists of mains ranging in size from 2-inch to 14-inch. The distribution system contains approximately 42.5 miles of mains. A booster pump station with a 1 MG ground storage tank on Green Boulevard is used to maintain water pressures within the distribution system. Table 4-16 summaries the existing water storage facilities utilized by FGUA. T bl 4 16 5 fE . I' FGUAst F Tf a e - ummary 0 XIS mg orage aCllles Facilitv Name Tank Volume (MG) Usable Storage Volume (MG) Golden Gate WTP Tank 0.52 0.52 Green Blvd. Booster Pump Station Tank 1.00 1.00 Total 1.52 1.52 .. Information of eXisting water storage faCilities take from the draft 2007 Water Master Plan Update, prepared by Arcadis, June 2007. 4.3.3 Reclaimed Water Facilities The FGUA currently disposes of treated wastewater using rapid infiltration basins (RIBs). The existing permitted capacity of the RIB system is 1.25 MGD, which is sufficient to meet the disposal need of the existing 0.95 MGD facility and the planned Phase I expansion of the facility to 1.50 MGD AADF, scheduled to come on-line in 2009. Two planned future expansions of the facility will increase the capacity to 2.00 4-21 ~ f~ ; ;; I I I : ; I . I I : . -If:t:. ~ : . -11:::i: I I . I I I I I I 'ii "..J :~-= I . I . IC--;:- ,,....:...., I . : ----;- 'r;- . : I : ~ .... - : c--;:- I , :r,- a--~ :r-:l. I I ,-" 'I. . :r+- _ :r-;- I I ' I . I I ; i I I . I , I I , I I . I , I ~ I " Z I ~ I , ~ I ~ I . ~ '1-0- - :1 .. cr> L!___ __ , v w , I " v v v " G: w ~ G: :f o o o N ~ W W U. -- . is ~ o '" w .; ~ i f Cc~! .r1 .... fill Gw foe ::'~ ...t!t ,,~:;c~! ~;; .... ..:I.!lj _.~ ;:::r'" =~ :;~ :;;::'~ !!~W Ill... - ;Ceit' ...... E;: ~~.... ... w --' << U In o - - - -~7 ---- .. ----~ ..II' I I - I I I I I I I I I I ',-- : , "~'"':I' ~I" 1 '-,.;;;::c . .~.' il'.U: . 'I ~ ill ~ : II ay~;' 'f . m, I ;~ ,I · ... '1lIIIg ~.. I~ 1I.1a"""~' '. lit . ,~.~I 'ifl',~! II!! lIi~o ...!IIW :"1 ~~""""J...".., . . '1' l '+ '. . , : : : : : : : "" i ' '" ." "' I . . . . . , : , . . : , . ....: " ." " , I . "' ,. " I . . , : : . : :: : .: ." ') . : . . : : . . . : . . . .~:-,' ' , , , , , . : , . , I' .":./ ' " " ~/ ' : , . :: . -~::;/ m 1,-,.;..,- 111, . '/t. ~ : oJ ~" I~ ~, 'I " ~ . --' - ~~ O>ZVl , <( Z V-'_ 0.<( ~~ ~ ::>'" Z 000 -~- "-VI VI WVl ~~ -'VI UZ <(<( "-0:: >-- >- -'0:: o.w 0.>-- ::><( VI~ '" Ww >---, <(Ill ~<( ",>-- <(0 wo. >;-<( 0::> -0 >-"- >--0 ~Z 0- u>-- VI "'- wx -w -' -' o u I ~ l! Ii . Section 4 Existing Water Supply Facilities MGD. Currently, the FGUA does not operate any reclaimed water facilities, however, the FGUA has committed to the FDEP to execute a reclaimed water project that will provide at least 200,000 gpd of reclaimed water to be used on the Golden Gate Golf Course. 4.4 Orange Tree Utility Company (OTUC) 4.4.1 Water Supply Permits The OTUC maintains one CUP for potable water supply. The details of the CUP are presented in Table 4-17. Table 4-17. Consumptive Use Permits Issued by sFWMD to OTUC Consumptive Aquifer Number of Expiration Annual Average Maximum Use Permit Permitted Date Allocation Day Monthly Wells (MG) Allocation Allocation (MGD) (MGD) 11-00419-W LT 6 11/11/2009 313 0.86 37.70 4.4.2 Potable Water Facilities 4.4.2.1 WellfielCls Currently, OTUC operates one wellfield in the vicinity of its WTP. The locations of these wells and WTP are illustrated in Figure 4-10. The wells maintained by OTUC tap the LT Aquifer, which is a traditional freshwater source. Table 4-18 summarizes the existing wells operated by the utility. Table 4-18. ummarv 0 We s Jperate bv C Well No. Aquifer Total Depth Depth of Diameter Capacity (gpm) (ft) Casing (ft) (in) PW1 LT 180 70 12 300 PW2 LT 180 70 12 300 PW3 LT 180 70 12 300 PW4 LT 180 70 12 300 . . - - 5 f II 0 d OTU InformatIOn on eXisting wells taken from CUP #11 00419 W. 4.4.2.2 Water Treatment Facilities OTUC operates one WTP, which is located east of SR-846, north of CR-858 as shown in Figure 4-10. The WTP has a finished water capacity of 0.75 MGD using membrane softening (MS). A summary of the existing water treatment facility is provided in Table 4-19. In addition to identifying the design capacity, the amount raw water required to produce the design capacity is also provided. 4-23 Section 4 Existing Water Supply Facilities Table 4-19. ummarv 0 xlstlnll a er reatment aClltles Facility Name Design Raw Water Raw Traditionall Alternative Capacity Requirement2 Water (MGD) (MGD) Source Orange Tree 0,75 0.94 LT Traditional (Fresh) WTP .------- Total 0.75 0,94 . . ... 5 f E .. OTUC W t T F T' Information on eXisting water treatment facIlities taken from the 2005-2006 Lower West Coast Water Supply Plan Update approved by the Governing Board of the SFWMD on July 12, 2006. 2 Raw water requirement is the amount of raw water needed to make a certain amount offrnished water. It is calculated by dividing the finished water capacity by the efficiency of the treatment process. 4.4.2.3 Pumping, Storage, and Transmission The existing transmission facilities consist of a water storage tank at the WTP and transmission pipelines. The water storage tank at the WTP has a capacity of 0.75 MG and the transmission pipelines range in size from 3-inch to 12-inch and total approximately 9 miles in length. The transmission facilities utilized by OTUC are shown in Figure 4-10. Table 4-20 summarizes the water storage available in the Orange Tree Utility System. Table 4-20. Summa Facilit Name Oran e Tree WTP 4.4.3 Reclaimed Water Facilities Currently, OTUC disposes of all effluent wastewater via RIBs. 4.5 Ave Maria Utility Company, LLLP (AMUC) 4.5.1 Water Supply Permits AMUC maintains one CUP for potable water supply. The details of the CUP are presented in Table 4-21. Table 4.21. Consumotive Use Permits Issued by sFWMD to AMUC Consumptive Aquifer Number of Expiration Annual Average Maximum Use Permit Permitted Date Allocation Day Monthly Wells (MG) Allocation Allocation (MGD) (MG) 11-02298-W LT 3 6/14/2011 460 1.26 43.30 4-25 Section 4 Existing Water Supply Facilities 4.5.2 Potable Water Facilities 4.5.2.1 Wellfields Currently, AMUC operates one wellfield in the vicinity of its WTP. The wells maintained by AMUC tap the LT Aquifer, which is a traditional freshwater source. Table 4-22 summarizes the existing wells operated by the utility. Table 4-22. Sum man of Wells Operated by AMUC Well No. Aquifer Total Depth Depth of Diameter Capacity (gpm) (ft) CasinQ (ft) Jilll PWS-1 LT 120 70 12 700 PWS-2 LT 120 70 12 700 PWS-3 LT 120 70 12 700 - - Informallon on eXisting wells taken from CUP #1102298 W. 4.5.2.2 Water Treatment Facilities AMUC operates one WTP, which is located west of Camp Keais Road, north of CR- 858. The WTP has a finished water capacity of 1.67 MGD using MS. A summary of the existing water treatment facility is provided in Table 4-23. In addition to identifying the design capacity of each treatment train, the amount of raw water required to make the design capacity is also provided. Tbl423s f E . t' AMUC W t T t tF Tt 1 a e . ummary 0 XIS mg a er rea men aCllty Facility Name Design Raw Water Raw Traditionall Alternative Capacity Requirement' Water (MGD) (MGD) Source Ave Maria 1.67 1.96 LT Traditional (Fresh) WTP .. Total 1.67 1.96 ... Information on eXisting and planned water treatment faCIlities was taken from the Preliminary DeSign Report for Ave Maria Utility Company, LLLP and Florida Department of Environmental Protection as ~repared by CH2M Hill, Inc., June 2004. Raw water requirement is the amount of raw water need to make a certain amount of finished water. It is calculated by dividing the finished water capacity by the efficiency of the treatment process. 4.5.2.3 Pumping, Storage, and Transmission The existing transmission facilities consist of a water storage tank at the WTP and transmission pipelines. The water storage tank at the WTP has a capacity of 1.5 MG. Table 4-24 summarizes the water storage available in the Ave Maria Utilities System. Tbl424s f E . f AMUC st F Tt 1 a e . ummary 0 XIS mg orage aCllY Facility Name Tank Volume (MG) Usable Storage Volume (MG) AMUC WTP 1.50 1.50 Total 1,50 1.50 ,.. Information on eXisting and planned water treatment faCIlities was taken from the Preliminary DeSign Report for Ave Maria Utility Company, LLLP and Florida Department of Environmental Protection as prepared by CH2M Hill, Inc" June 2004 and supplemented with comments received from AMUC in a letter dated September 20, 2007. 4-26 OZVl 0 ~<w 0 1 I...J_ 0 ~ "(l.1- N >- - !!* w W",...J w u. 0 Q. et:et:- 0 ~ !Z =>oU 0 '" U;s c.:>~< 0 '" ~ - .... '" w s~ Q. '" .... ~ 8 Vl>- '" !Z u 5lj W...J U1 10 '" "' ~ -(l. 0 z I:l~ 8 >- I-(l. '" "' Q. ~=> ~ I!! Q. ~ Ul I!: ::> UVl ~ Ul <et: l VtKGLAUc.Sl !;}ot1L-r'VAr-:V' i I~ "' "' ....w ~ I!! I 0.9- i ~ >-1- I " ~ ...J< v:: (l.~ , ..I (l. i 0 0 =>u Vl=> I J I- et:o w I-c.:> <z ~- I- et:Vl X <- J wX X , >-w , O<J 0 X X >- X I- Z => 0 IMMOKlAlEE RO f~. 0.1~) ) U et: n W - ...J ...J 0 WllSQN... SO, 'lof.VARf) U t 00 ~') s: -, w " , < " " " , c 'f~ ,0 " , ::ii ,..,-; 0 ~ ;; , V " i " .n 0 "- T < ~ 2 N "- ~ ~ 0 " ,0 ~> Ii (,< C ;> COLLIER BOULEVARD n I , ~ " ;;:: ~ . ;;:: Section 4 Existing Water Supply Facilities 4.5.3 Reclaimed Water Facilities AMUC is served by one WRF, which is located within the development. The WRF is capable of producing 1.25 MGD of reclaimed water. Reclaimed water is pumped from the WRF to three reclaimed water storage ponds, which serve as the source for the town and university's irrigation system and have a combined capacity of 23.00 MG. Reclaimed water is the most important element of the AMUC Conservation Plan, presented in detail in Section 7, and will be utilized to the fullest extent possible for irrigation of the town and university. AMUC believes it will be able to utilize 100 percent of the reclaimed water generated. Table 4-25 summarizes the capacity of the existing reclaimed water facility. Tbl425s f E . f AMUC W t R F T 1 a e - ummary 0 XIS mil a er ec amatlon aCIJ\}C Facility Name Design Capacity (MGD) AMUC WRF (Phase 1) 1.25 Total 1.25 ... Information on eXisting and planned water treatment faCIlities taken from the Revised Preliminary Design Report for Ave Maria Utility Company, LLLP and Florida Department of Environmental Protection as prepared by CH2M Hill, Inc., February 2006 and supplemented with comments received from AMUC in a letter dated September 20,2007. 4-27 Section 5 Planned Water Supply Facilities 5.1 Collier County Water-Sewer District (CCWSD) 5.1.1 Potable Water Facilities 5.1.1.1 Wellfields As part of the CCWSD plan to meet future water supply needs it intends to build the Northeast Regional Water Treatment Plant (NERWTP) Wellfield Phase 1. The NERWTP Wellfield Phase 1 will be made up of wells tapping the Lower Tamiami Aquifer, the Hawthorn Zone 1 Aquifer and the Lower Hawthorn Aquifer. The wells will serve the NERWTP Phase 1, which will treat the water using ion exchange (IE) for fresh water and LPRO for brackish water. The wellfield is scheduled to come online in 2018 to serve the first phase of the NERWTP. Table 5-1 summarizes the planned wells in the NERWTP Wellfield Phase 1. The location of the NERWTP Wellfield Phase 1 is illustrated in Figure 5-1. Table 5-2 identifies the major tasks required to build the wellfield, along with the funding source that will be utilized and scheduled dates for studies, property acquisition, design, permitting, and construction. Table 5-1. Planned NERWTP Wellfield Phase 1 Summary' Well No. Aquifer Total Depth Depth of Diameter (in) Capacity (ft) Casing (ft) (gpm) LT-1 LT 120 75 16 1000 LT.2 LT 120 75 16 1000 LH-1 LH 1000 700 16/122 1000 LH-2 LH 1000 700 16/122 1000 LH-3 LH 1000 700 16/122 1000 LH-13 LH 1000 700 16/122 1000 LH-14 LH 1000 700 16/122 1000 LH-15 LH 1000 700 16/122 1000 LH-16 LH 1000 700 16/122 1000 HZ1-13 HZ1 550 400 16/12' 1000 HZ1-14 HZ1 550 400 16/12' 1000 Information on planned wells taken from CUP application #070529-12. 2 16 inch casing to 100 feet, then 12 inch casing to production casing depth. 5-1 \,0 i NCRWTP f:". 'T~ eTA ,H " LEE CO 1 ,0 ~ll ~II !l~ ,I 1 'I \\ I' ---j COLLIER CO :j '0 > . < ~ ! ~ < ~ 'i':, M X, - CJ o "- . ~ -FI<H RIO . 5 .~ < ~ ~ o " i ~ 1-1Ij' ~<., ;,~,~ V.!V}lKWA) (eR 886 C 8 o o 0-.J '" TAlE ~. ArC~' RADIO ROAD (CR 856 ALiIGATOR Att'Y(SR 84) [VARD(xT ,cr ~ " U ~ 'it ~~ g II , \ o 1.5 ~- SCALE IN 3 , MILES 1 I \ '} \ , \ ' \ - ~l/1 \~\ ~ '~Q, ,~ V~ ~ \ LEGEND EXISTING RAW WATER TRANSMISSION LINES PLANNED RAW WATER TRANSMISSION LINES EXISTING WELLS PLANNED WELLS . . POTENTIAL rUTURE WELlFIELO AREA [Z2] ~ ~ c;: w COM III GA..~YAND HANAN FIGURE 5-1 COLLIER COUNTY 10-YEAR WATER SUPPLY FACIL TIES WORK PLAN EXISTING AND PLANNED CCWSD WELLFJELDS AND RAW WATER TRANSMISSION MAINS '7 ~ w " ;; IE ;; ~ c ~ 00 u CO ~ "I ~ ~ on w <; c 0 N U ! on ~ .. CO N E 0\ :; <; G. N C 0 :g U '" '" .~ 0; ~ W Q. '0 II E Q 0 ~ U .. '" > c 0 '" ',. .~ '" ;; Q. ..: E 1 0 u D: ~ ;;; '" ~ ;; Q. E :s 0 ',. u .. '" u. w '" '" '" ~ "- ~ 13 0 .. g 0. ~ '6 :; c ~ ~ u. ::;: " 0; !E ~ - '" . '" .. E '" .. G. Z a. ~ ~ 'u 0:: .. W U. Z I j . , ~ . I . , , , i ! j ~ ! ! 1 ! ; ftJ , . , ~ .s .. ~ '" j; J! o a. Q '" ~ u u " '" c c .. ii: :E 'S m .s " ~ 'S ... ~ w '" w ~ (; '" ::E N oJ. '" j; .. .... Section 5 Planned Water Supply Facilities 5.1.1.2 Water Treatment Facilities The CCWSD is currently served by two WTPs; the NCRWTP and the SCRWTP. As mentioned in the previous subsection, the CCWSD intends to construct an additional treatment facility, the NERWTP to meet future demands. Additionally, the CCWSD is planning to add HPRO treatment skids at the NCRWTP. The location of the existing and planned facilities are shown in Figure 5-2. The location of the planned NERWTP is approximately one mile north of CR-858 (Oil Well Road) and one mile east of SR-846 (Immokalee Road) in the northeastern quadrant of the service area. The plant will utilize IE to treat fresh groundwater withdrawn from the Lower Tamiami and Hawthorn Zone 1 aquifers. Water from the Lower Hawthorn Aquifer will be treated using LPRO. The first phase of the plant, scheduled to come online in 2018, will have a reliable capacity of 5 MGD. The plant will be capable of expansion to an ultimate capacity of 45 MGD. As stated in Section 4.1.2.2, the NCRWTP is located on the north side of Vanderbilt Beach Road Extension east of CR-951 in the northeastern quadrant of the service area and the SCRWTP is located near the intersection of CR-951 and 1-75 about 5.5 miles south of the NCRWTP. The CCWSD has plans to expand the reliable capacity of the NCRWTP from its current capacity of 20 MGD to 22 MGD, with the addition of two 1 MGD HPRO treatment skids. The skids will be used to treat water from wells RO-IN, RO-2N, RO-3N, and RO-4N, which experienced elevated salinity levels shortly after being brought online. The HPRO treatment skids are scheduled to come online in 2012. A summary of the existing and planned water treatment facilities is provided in Table 5-3. In addition to identifying the design capacity of each treatment train, the amount raw water required to make the design capacity is also provided. Table 5-4 identifies the major tasks required to build each of the planned water treatment facilities, along with the funding source that will be utilized and the scheduled dates for studies, property acquisition, design, permitting, and construction. 5.1.1.3 Pumping, Storage, and Transmission The planned transmission facilities consist of transmission pipelines, water storage tanks, aquifer storage and recovery (ASR) systems, and pumping facilities. The transmission facilities utilized by CCWSD are shown in Figure 5-3. The planned pumping facilities will include high service pumps at the new NERWTP. Additional booster pumping stations and an in-line booster pump station may be required to meet demands, but are not planned for construction during the planning period out to 2018. Ground storage tanks at the proposed treatment facility will provide system 5-4 II .5) UTURE NERWTP LEE CO COLLIER CO - f:. , < ~ ~ ~ (CR846) I NAPLE:S-IMMOKALEE ROAD - ~ _II,IMOKAU;:E ROAD R 4 CRass} . o . <;1 c: t-' >-rj " e. ~ o . o z !J ~ . o . " < PIN PI ,r. ~.A ~ I ~ I i I ;j "~-_. o 1.5 ~- SCALE IN .3.0 , MILES NCRWTP ~ " e. rr;- o >-rj ,KWA~ (eR 886 ~SCRWTP ~75_ ~r=....... ALLlCArORALLEY(SR84) '" RADIO ROAD CR 8S6 ;s::, tel 'x ......, (j o i;i 5 LEGEND EXISTING POTABLE WATER TREATMENT FACILITIES PROPOSED POTABLE _ WA TER TREATMENT FACILITIES - ~ COM II DAllBLlEY AND HAN88N FIGURE 5-2 COLLIER COUNTY lO-YEAR WATER SUPPLY FACILTIES WORK PLAN EXISTING AND PLANNED CCWSD POTABLE WATER TREATMENT FACILITIES .E 'C ~o. :.;;u) B :'!; :'!; << :'!; ~ ~ ~ ~ z ~ ~ ~ ~ 'Co Z Z Z >- >- >- >- -:;: 1i--, "e- o. ~ .2 ;; E $ :2 :2 :2 :2 ~ ~ 0 ~ " ~ 0; :2 :g :2 :g :g :g :2 c ~ ~ . 0 0 ~ i!! ~ ~ ~ 0; i!! ~ ~ ~ @. ~ @. @. ~ @. ~ '5 i!! 0; .~ 0; w !i !i w 0; >- c c .2 - ~ .2 c g ;; g ;; ~ ~ ;; g '5 E '5 E E E E '5 i!! w i!! ~ ~ w w i!! >- ::1 >- ::1 ::1 >- 2 ~ N N N ~ :r: :!; i'5 :r: N :r: :r: :r: ~ --' -' I :r: --' --' ~ ~ 0 :r: i ~CIJ --' --' --' c:: "- .... 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'" l:! 0. 0. ~ w E E ~ ~ :::J m 0 ~ ~ ~ ii: CI) '" '" m g ~ ~ 1ii :!! :;:: 'S '6 , lD ~ N ~ .9 ~ ;; ... ... ... '0 e '" .~ '" c .. ~ ti 0 . ~ 0: W .. "- c ~ -' .2 - - i; 0 '" w m m 0: w w .. .. E "- "" "" m I "- "- ~ Z "- "- "- '" ~ ~ ~ ~ 'u 0: 0: 0: .. m '-' w w ... z z z I l , . . , ~ . I i ! , , , ! J , ! ! . i > , , n ] ! :;; .... c;l c:: t-' "rj \ )" '-" !TAGA LEE CO COLLIER CO () >-r; I I I I - \~~ I . . < . ~ . < \ " I , { ;1 I " "'LE,:;':"::::LEE eo.O . \( II "', \ , J~:~RIr~~01' TE~' oL STATION ~ " < PIN !;,- '.-'- ,-- '-~...\ : ~ \,~ ~ ".~M(!KALEE ROAD CR 4 . . * NCRWTP " v o < o " o ~~ ~ trJ >< - CO () '~"~\\'f.Y '::RR86) , . ~" ."..,. SCRWTP RADIO ROAD CR 8S6' ~ . ALLlGATORALL[~~84) '0' .,c"'c~"CC~~~" _0 ;'" o " * " v (CR864) RATTLESNAKE HAMMOCK AD ASR LEGEND EXISTING POTABLE WA TER 5 TORAGE FACILITIES FUTURE POTABLE WA TER STORAGE FACILITIES . . €I ~ ~ CDI\II IIIJIIIBIILSY AND HANAN FIGURE 5-3 COLLIER COUNTY 10-YEAR WATER SUPPL Y FACIL TIES WORK PLAN EXISTING AND PLANNED CCWSD POTABLE WATER STORAGE FACILITIES Section 5 Planned Water Supply Facilities storage and reserve capacity to help meet peak hourly demands of the system. Additionally, potable water will be stored at various strategic points in the CCWSD distribution system to help meet diurnal peak system and fire flow demands. CCWSD plans to install an additional 6 MG storage tank at the Manatee Road Pumping Station. A summary of the existing and planned storage facilities is provided in Table 5-5. T bl 5 5 5 f E . f d PI d CCWsD W t st F Tf a e - ummary 0 XIS mg an anne a er orage aCllles Facility Name Year Tank Volume Usable Storage Online (MG) Volume (MG) NCRWTP online 12.00 11.10 SCRWTP online 14.00 12.40 Isle of Capri online 0.25 0.20 Manatee Road Pumping Station online 2.00 1.80 Manatee Road PumpinQ Station 2012 6.00 5.40 Carica Road PumpinQ Station online 10.00 9.30 I NERWTP Phase 1 2018 15,00 13.50 Total 71.25 64.5 Manatee Road ASR Phase 12 online N/A -1 MGD Total -1 MGD Information taken from the Collier County 2008 Water Master Plan Update adopted by the Collier County Board of County Commissioners on June 24, 2008, 2 Storage volume for Manatee Road ASR not included in total. Table 5-6 identifies the major tasks required to build each of the planned pumping and storage improvements, along with the funding source that will be utilized and the scheduled dates for studies, property acquisition, design, permitting, and construction. Potable water is pumped from the plants into the distribution system. The distribution system includes water mains designated as either transmission or distribution mains. The CCWSD pipelines 16 inches in diameter and larger are generally termed transmission mains. These are typically located along arterial and collector roadways and convey water to major demand areas. Pipelines smaller than 16 inches in diameter are generally called distribution mains, branching off the transmission system to supply individual users. 5-9 o ,;, a: c 0 '" N '" ;; ;; " 2 ~ ~ Ui '" 0 c ;; ;; 0 N N " g "' '" 0 tl 0 0 N N E 0\ .;, ; ;; 0 0 0.. N N C 0 :g " " " " " .~ " " w C. C. ~ .. E E ~ " 0 0 0 {! [J [J ~ ~ c 0 '" 'in .~ " " " " " c. c. .. i E E " 0 0 ~ [J [J 'u 0 ~ rr. ... ~ ~ E S '" ~ " " ~ '" " " J!l ~ c. c. ~ ~ E E :c 0 0 " 'in [J [J :;; ~ l!I .. 0 ... 0.. 0 ~ .. " .. " " u. " " " tl u. ." .. ~ ~ .. " 0. C ~ E .. c :> OJ ~ 0 ~ ii: ~ J!l " :!! c ~ ~ '5 '6 , al c N S :> ;; ... " ." E .. '" .~ c .. ... '" .. c .. .. .. '" ... .. .. 6 " '" ~ Vi E 5 ~ 0 " Vi ~ .. .. ." .. E .c .. ~ a. 0 z a. a: ~ ~ .. J!l .. 'u a: c ~ W .. ... z ::; I ! ., ! e ~ I , , . c . . ; , ~ ~ > I , ;;.. n ! ~ '" ... ::Ii '" ,}, .. :;; ~ ... Section 5 Planned Wafer Supply Facilities Overall, the CCWSD owns and maintains over 800 miles of water transmission and distribution pipelines, up to 42 inches in diameter, with approximately 51,000 individual service connections. With the construction of 7 MGD of additional finished water capacity, CCWSD will be installing a substantial number of transmission mains and major distribution mains over the next 10 years. The existing and planned transmission mains and major distribution mains that will serve CCWSD in 2018 are illustrated in Figure 5-4. 5.1.2 Reclaimed Water Facilities CCWSD currently operates the largest reclaimed water system in South Florida, which serves 28 customers with contractual commitments of 22.3 MGD. The majority of the existing customer base is golf courses, residential communities, environmental mitigation areas, county parks, and roadway medians. There are more than 140 additional entities within Collier County that have requested connection to the reclaimed water system and are currently on a waiting list. The following subsections describes the measures CCWSD is taking to meet future wastewater demands and supply reclaimed water to its customers. In addition to the improvements described below, CCWSD is undertaking the development of a Reclaimed Water Master Plan starting in 2008 to determine the best methods for maximizing the efficient use of reclaimed water. Recommendations and findings of the Reclaimed Water Master Plan will be incorporated into future editions of the Collier County 10-Year Water Supply Facilities Work Plan. 5.1.2.1 Water Reclamation Facilities In addition to the two existing WRFs, the NCWRF and the SCWRF, CCWSD intends to build a Northeast Water Reclamation Facility (NEWRF) during the 10-year planning period. The locations of the existing and planned WRF are shown in Figure 5-5. Table 5-7 summarizes the capacities of the existing and planned WRFs. Table 5.7. Summary 0 xistina and Planned CCP Water Reclamation Facilities Facility Name Year Online Design Project Identified In Capacity LWCWSP (MGD) NCWRF Online 24.1 N/A SCWRF Online 16.0 N/A NCWRF EXDansion 2017 6,5 N/A NEWRF Phase 1 2017 4.0 Yes Total 50.6 -- fE UD Information taken from the Collier County 2008 Wastewater Master Plan Update adopted by the Collier County Board of County Commissioners on June 24, 2008. 2 The design capacities do not reflect the amount of reclaimed water available from the facilities. The amount of reclaimed water available is based on influent flow and treatment efficiency. 5-11 LEE CO COLLIER CO ~~ ~o . .# .# CRl:1'j8 .# '),0 ,,-;0 "-;~ r,io,lDKALl::E ROAD (CR 84(\ .# o 1.5 1"""1...- SCALE IN ,.. " O' 1~ D 16" ". "-;~ ~ .# " ,;; '); JD" ~ . '" . ~ ". "JO < i5. < < m ~ 16-ill ". < ~ .# " ,r\. TATEI~ .. O' " ALLIGATOR ALLE"" (SR 84) ~ ~ t'-' "rj a 20" 16"$ ..'"" ,'). ~. ~ .# ")~ o \ 1~ ". ". " o >-rj ". ". ". I'J, ~ M 'X '-< C1 o \ \ \ ~; " \~Jjt'r' "ON,:' .# ~ \~ .. \( ,~ '\3~ ~r ~ - ~ ~ \~~ ~)c;;' ,I '~,~? \ ~ \ \~ .. " ~~Q ) v~~r~) c:F<\! ~~~l ~~ "-;~l{ ~{ ,'::' e,-" .# '" .#~~ ,;; '2-'); { RATTLESNAKE HAf/~'O .# LEGEND '" EXISTING POTABLE WATER TRANSMISSroN MAINS PLANNED POT ABLE WATER TRANSMISSroN MAINS of- NOTE: MAINS SHOWN ARE GENERALLY 12" OR GREATER. 8" AND 10M MAINS SHOWN FOR CRITICAL LOOPS. G: COM IIIIRIEaEYAND HAN..N II 3.0 , MILES FIGURE 5-4 COLLIER COUNTY 10-YEAR WATER SUPPL Y FACIL TIES WORK PLAN EXISTING AND PLANNED CCWSD POTABLE WATER TRANSMISSION MAINS c;J C'. t-' ""'l o ""'l LEGEND EXISTING WATER RECLAMATION FACILITIES FUTURE WATER RECLAMATION FACILITIES FUTURE r WRF~ ~ LEE CO COLLIER CO o < o " w w < I' > > ,1. C :;5j ~ " < _!>.'M KALEE ROAD CR 4' NCWRF o 1.5 ~- SCALE IN ,3,0 , MILES 'I ..\ I, ~ II ~ ~ 11 i ~ I ~ ; r'l'-T~-~ J_ " N GAff' j,1KWAY iCR 6 \'; o . & , J" " . 3 o ~ ii < u 'is:, tr:l X, --. o o (~ A~~' Ir~rE-5 RAOIOROI\O(CR8S6~~ "'LUCAfOR ALL[Y (SR 84) IIrVAR XT " ~ < , . * * 2? 'LI , COM _ ......VAND HANSEN FIGURE 5-5 COLLIER COUNTY 10-YEAR WATER SUPPLY FACIL TIES WORK PLAN EXISTING AND FUTURE CCWSD WATER RECLAMATION FACILITIES Section 5 Planned Water Supply Facifities As stated in the footnotes to Table 5-7, the amount of reclaimed water distributed is not directly related to the design capacity of each water reclamation facility. In addition to the limitations identified, the ability of Collier County to utilize available reclaimed water for distribution is impacted by seasonal fluctuations in demand, with very high demands during the dry season and low demands during the wet season. Table 5-8 identifies the major tasks required to build each of the planned water reclamation facilities, along with the funding source that will be utilized and the scheduled dates for studies, property acquisition, design, permitting, and construction. 5.1.2.2 Reclaimed Water Pumping, Storage, and Transmission The current reclaimed water distribution system consists of 125 miles of transmission and distribution pipeline and is currently divided into two services areas, one in the north and one in the south, that are supplied by the respective WRF. There are a few small interconnects between the two service areas, but the system is hydraulically limited from passing large volumes of water from one service area to the other. This issue is currently being addressed by the development of a reclaimed water booster pump station that will interconnect the two service areas and provide the capacity for transferring up to 5 MGD of reclaimed water. With the expansion of the NCWRF and addition of the NEWRF, CCWSD will need to expand the reclaimed water distribution system to serve more customers. At this time specific distribution and transmission main projects have not been determined. These projects will be determined through analyses to be performed as part of the development of the Reclaimed Water Master Plan described previously. The new WRF will be capable of temporarily storing reclaimed water on-site. Additional storage will be provided through the expansion of the existing reclaimed water ASR from a capacity of 1 MGD to 5 MGD. A summary of the reclaimed water storage that will be available with the development of the new WRF and the expansion of the reclaimed water ASR is provided in Table 5-9. T bl 5 9 5 f E . t' dPI dR II dW t 5 F '11 i 1 a e - ummary 0 XIS mg an anne ec a me a er torage aCI t es Facility Name Year Online Tank Volume (MG) Usable Storage Volume (MG) NCWRF online 2.00 2.00 SCWRF online 3.00 3.00 Decommissioned Pelican Bay WRF online 1.00 1.00 NEWRF 2017 -. 2.00 2.00 Total 8.00 8.00 Reclaimed Water ASR online N/A -1 MGD Reclaimed Water ASR Exoansion TBD N/A -4 MGD Total -5 MGD , Information taken from the Collier County 2007 Annual Update and Inventory Report on Public Facilities adopted by the Collier County Board of County Commissioners on November 5, 2007. 5-14 ::Ii <= t- t- o U <; <; 2 N N 10 ..J. ..J. <= <; <; 0 0 N N g ... ... <; <; E N N .~ N N " <; <; a. N N <= .9 '5 u N 2 " .~ <; x " UJ N C. ~ '" 0 E " " <; 0 {! N 0 '" ~ <= 0 "" .~ a; a; ~ c. c. .. E E 0 0 0 0 ~ ~ 'u ~ " a. ... <= 0 ~ ~ E ~ " Iii ]I '* u & Q. C. a: E E ~ li 0 0 $ .~ 0 0 " '" ;: ... " Ul ;: <J .. <J .. $ ." $ ... C ... 1l c ;;; '" " Q. ii: .. .5 :J :!! ;;; ;;; ':; Il 1ii 1ii III ~ ;0 ;0 0 0 - ';; 10 10 ." ~ ~ l!! c ':; '6 , , cr <= ... '" ~ ~ ::; ::; ... .. ... .. {! <= .~ 0 .~ ~ " <= " '" .. E Q. '" X .c '" UJ a. , z ... ... ~ ~ ~ u " '" 0 UJ ... Z Z ~ ,}, .. "' g " i ~ , ~ ~ , i , , , ~ , " ! , ~ . I 1 1 . , . ~ I f ! :c >- Section 5 Planned Water Supply Facilities Table 5-10 identifies the major tasks required to build each of the planned reclaimed water storage facilities, along with the funding source that will be utilized and the scheduled dates for studies, property acquisition, design, permitting, and construction. 5.2 Immokalee Water and Sewer District (ISWD) 5.2.1 Potable Water Facilities 5.2.1.1 Wellfields Currently, the IWSD operates three wellfields; one adjacent to each of its WTPs. The locations of each of these wellfields and WTPs are illustrated in Figure 5-6. The wells maintained by the IWSD tap the Lower Tamiami Aquifer, which is a traditional freshwater source. IWSD plans to bring additional wells online to address future demands. 5.2.1.2 Water Treatment Facilities The IWSD is currently served by three interconnected water treatment facilities, the Jerry V. Warden WTP, the Airport WTP and the Carson Road WTP. During the 10- year planning period IWSD plans to expand its Carson Road WTP to meet increasing demands. Table 5-11 summarizes the treatment capacity of the existing and planned potable water facilities for IWSD. 5.2.2 Reclaimed Water Facilities Currently, IWSD disposes of all effluent wastewater via an on-site spray irrigation field, percolation ponds, or deep well injection. There are no current plans to develop a reclaimed water distribution system. 5.3 Florida Governmental Utility Authority (Golden Gate) (FGUA) 5.3.1 Potable Water Facilities 5.3.1.1 Wellfields FGUA currently operates 11 wells, 10 of which are located on the site of the WTP. To address future demands FGUA is planning to bring three additional wells online in 2008. The locations of these wells are shown in Figure 5-7. Table 5-12 summarizes the well FGUA plans to construct. T bl 5 12 5 f PI d FGUA W II 1 a e - ummary 0 anne e s Well No. Aquifer Total Depth Depth of Diameter (in) Capacity (ft) Casing (ft) (9pm) 12 LT 180 80 10 810 13 LT 180 80 10 810 14 LT 200 141 10 200 1 Information on planned wells taken from CUP #11.00148-W. 5.16 c: N r-- .Q 13 0 0 2 N N 1;; 6 ... c: 0 0 0 N N U g '" " 0 0 0 E N N .~ 00 N 0 0 " 0 a. N N c: 0 '" ~ u '" " " 0 a; x .~ 0 LlJ N a. ~ '" 00 E " 0 0 0 ~ 0 U N .. ~ c: E '" i " " " ~ ~ a; 'u <( a. .. ! E E u. 0 0 ~ u u ~ 0 .ll C: '" ~ .! .f; .. ;;: ~ 'C ii5 " " " ~ ~ a; E a. .; ;Q E E 'U 0 0 '" u u " .. <I: " C u. rn ;;: 0 0 '" 'C '" " " " 3l u. c: c: u. 13 .. lii .. ii: 0. '" E :!l :J ':; ~ lii lii III 1;; 1;; .ll ~ ~ ~ 0 " " 'C ~ 1;; 1;; ! ~ ~ .~ c: 'C , , " c: " '" <I: ~ u. " " ~ ... ~ '" .. <I: ~ ... '" c: ~ <( .. ... .S lii " .. :E ~ 0> " .. cO E i3 .. '0 ii5 - ~ " .;, E u. " iii ~ '" '[3 13 .. .. 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Section 5 Planned Water Supply Facilities Table 5-13 identifies the major tasks required to build each of the three wells, along with the funding source that will be utilized and the scheduled dates for studies, property acquisition, design, permitting, and construction. 5.3.1.2 Water Treatment Facilities FGUA operates one WTP, the Golden Gate Water Treatment Plant, which is located west of CR-951, south of Golden Gate Parkway, as shown in Figure 5-7. The current capacity of the WTP is 1.22 MGD using LS and 0.87 MGD using RO. FGUA plans to expand the facility to a capacity of 2.59 MGD by adding additional RO treatment trains. A summary of the existing and planned water treatment facilities is provided in Table 5-14. In addition to identifying the design capacity of each treatment train, the amount of raw water required to make the design capacity is also provided. Table 5-15 identifies the major tasks required to build each of the planned expansion phases, along with the funding source that will be utilized and the scheduled dates for studies, property acquisition, design, permitting, and construction. 5.3.1.3 Pumping, Storage, and Transmission As described in Section 4.3.2.3, the existing FGUA transmission facilities consist of transmission pipelines, water storage tanks, and pumping facilities. FGUA has no plans to modify the existing storage facilities. However there are plans to expand the transmission pipelines. The existing and planned transmission pipelines are shown in Figure 5-8. 5.3.2 Reclaimed Water Facilities The FGUA currently disposes of treated wastewater using RIBs. The existing permitted capacity of the RIB system is 1.25 MGD, which is sufficient to meet the disposal need of the existing 0.95 MGD facility and the planned Phase I expansion of the facility to 1.50 MGD AADF scheduled to come online in 2009. Two planned future expansions of the facility will increase the capacity to 2.0 MGD. The FGUA has committed to the FDEP to execute a reclaimed water project that will provide at least 200,000 gpd of reclaimed water to be used on the Golden Gate Golf Course. Table 5- 16 identifies the major tasks required to build the project, along with the funding source that will be utilized and the scheduled dates for studies, property acquisition, design, permitting, and construction. 5.4 Orange Tree Utility Company (OTUC) 5.4.1 Potable Water Facilities 5.4.1.1 Wellfields OTUC currently operates two wells located in close proximity to the WTP. To address future demands OTUC will construct two additional wells that will be put into service in late 2007. Table 5-17 summarizes the additional wells OTUC plans to construct. 5-21 c: .20 tic :ON ~ , - '" <nO C:o ON () N N ,;, ".. .. ;eO) 'u ~ ~ m s: ~ ~ :s: :5 ClGCI) ~'" ... !...'1... ... ~ c :tIE ~5co<D 1;i> l!! 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E 1 0 <.) ~ - Q. U .~ ~ e Q. .li u; .. 0; ~ ~ C. E " .Q 0 .. ';; <.) E " .; .. u .. Ii. .. ::> " .. " .. 0 .. c e .. 'i .. ~ u. ii: 0 " <Il " :!! g '" ::> '5 '6 ~ In c ~ .s ~ .. " e '5 ~ .. 0 U ... 0 " ~ '0 " d: .~ " '" " :Ii ~ ~ .,; " " ~ Z .. oJ, ~ E .. '~ :c u 13 " " " .. .. .. W N ,;, I i j ~ ~ . i I < . C . I , ! i ~ ! , ni Section 5 Planned Water Supply Facilities Tbl517s f PI d OTUC W II a e . ummary 0 anne e S Well No. Aquifer Total Depth of Diameter Capacity (gpm) Depth (ft) Casinq (ft) (in) PW5 LT 180 70 12 300 PW6 LT 180 70 12 300 5.4.1.2 Water Treatment Facilities OTUC is currently expanding its water treatment plant from 0.75 MGD to 1.50 MGD to address future demands. OTUC intends to submit the permit for the expansion to the FDEP in 2008. The planned expansion will provide ample capacity to bring the utility from the current demand level to those forecasted for 2012. Table 5-18 summarizes the existing and planned water treatment facilities. T bl 5 18 5 fE . f d PI d OTUC W T t t F T' 1 a e - ummary 0 XIS Ing an an"e ater rea men aCI Itles Facility Name Year Online Design Capacity Project Identified In (MGD) LWCWSP Orange Tree Online 0.75 N/A WTP Orange Tree 2009 0.75 No WTP Exoansion t ~ - -- Total 1.50 ,.. Information on eXisting and planned water treatment facIlities were taken from the e-mail memo submitted by OTUC to the Collier County Community Development and Environmental Services on September 27, 2007. 5.4.2 Reclaimed Water Facilities Currently, OTUC disposes of all effluent wastewater via RIBs. There are no current plans to develop a reclaimed water distribution system. 5.5 Ave Maria Utility Company, LLLP (AMUC) 5.5.1 Potable Water Facilities 5.5.1.1 Wellfields AMUC currently operates three wells located in close proximity to the WTP. To address future demands AMUC is planning to bring additional wells online. The locations and specifics of these wells have been determined and planned for. Table 5- 19 summarizes the additional wells AMUC plans to construct. T bl 5 19 5 f PI d AMUC W II a e . ummary 0 a"ne e s Well No. Aquifer Total Depth Depth of Diameter (in) Capacity (ft) Casing (ft) (gpm) PWS-4 LT 120 70 12 700 PWS-5 LT 120 70 12 700 PWS-6 LT 120 70 12 700 PWS-7 LT 120 70 12 700 PWS-8 LT 120 70 12 700 Information on planned wells taken from CUP #11-02298-W. 5-27 Section 5 Planned Water Supply Facilities Table 5-20 identifies the major tasks required to build each of the planned wells, along with the funding source that will be utilized and the scheduled dates for studies, property acquisition, design, permitting, and construction. 5.5.1.2 Water Treatment Facilities Ave Maria Utilities operates one WTP, which is located west of Camp Keais Road, north of CR-858. The current capacity of the WTP is 1.67 MGD using MS. AMUC plans to expand the facility through three subsequent expansions to a capacity of 5 MGD by adding additional MS treatment trains. A summary of the existing and planned water treatment facilities is provided in Table 5-21. In addition to identifying the design capacity of each treatment train, the amount raw water required to achieve the design capacity is also provided. Table 5-22 identifies the major tasks required to build each of the planned expansion phases, along with the funding source that will be utilized and the scheduled dates for studies, property acquisition, design, permitting, and construction. 5.5.2 Reclaimed Water Facilities AMUC is served by one WRF, which is located within the development. The WRF is capable of producing 1.00 MGD of reclaimed water. AMUC plans to expand the WRF three times to a total capacity of 4.67 MGD. Table 5-23 summarizes the capacities of the existing and planned phases of the WRF. Table 5-23. Summary of Existing and Planned AMUC Water Reclamation Facilities 1 Facility Name Year Online Design Project Identified In Capacity LWCWSP (MGD) AMUC WRF (Phase 1) Online 1,25 Yes AMUC WRF (Phase 2) TBD 1.25 Yes AMUC WRF (Phase 3) TBD 1.25 Yes AMUC WRF (Phase 4) TBD 1.25 Yes ._~-_. Total 5,00 ". . . InformatIOn on eXIsting and planned water treatment faCilities taken from the ReVised Preliminary Design Report for Ave Maria Utility Company, LLLP and Florida Department of Environmental Protection as prepared by CH2M Hill, Inc., February 2006 and supplemented with comments received from AMUC in a letter dated September 20, 2007. Reclaimed water is pumped from the WRF to three reclaimed water storage ponds, which serve as the source for the town and university's irrigation system and have a combined capacity of 23.00 Me. AMUC plans to add an additional three reclaimed water storage ponds within the development in the future. The new ponds will increase the storage capacity from 23.00 MG to 44.00 Me. Additionally, AMUC is currently permitting a 289 MG wetlands storage system which will be used for wet weather storage. Reclaimed water is the most important element of the AMUC Conservation Plan, presented in detail in Section 7, and will be utilized to the fullest extent possible for irrigation of the town and university. AMUC believes it will be able to utilize 100 percent of the reclaim water generated. 5-28 u ::> c 0 :a 0 ON N", 2 ;; 00 00 ~ .. N NN N N C 0 U g ~ 0> 0> ~ ~v 0 o~ - - E 0 00 00 N NN N N m 0- c 0 '" ~ u " .~ . 0> 0> ~ -v W 0 0_ - - ~ .. 0 00 00 0 " N N N NN ~ 0 " ~ c 0 '" ';;j .~ " ~.!! ~2 ]1 ~ ~ 1"* 2 i ~-- E E E E E 0 0 0 0 0 U uu uu e 0- .!!! ~ Gi ;: .: ~ ~ ~ ~ ~ III ~ ~ ii wii ]11~ ~ c.!~ - ;: :s E E E E E 0 0 0 0 0 " ';;j U uu uu :;; :! -5 u.. 0- :Ii .0: 'C ! .. c ~ " ~ 0 :!! g 'S '6 13 c Cl ClCl ClCl ~ Ol OlOl OlOl u.. f- f-f- f-f- e ~ ~ .. " 5 .. 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" u '" ~ ~.g "" ~ -" E " 0 o u o.~ &~ ou 0>_ "iii"E _ _ C E "-,, .~ g: E . -u ~ 0 o.!;j _0 -:S~ E _ g 3 ~ .. -' '" '" o '" '" .,; '" '" o o ~ ...; j!!.5 . ~ lll~ ,r ." ~~ QU 4'! ~ -~ Ou ~ ~ ~ ~ ~ ~ - 0. 2 ~ ~ 5 asn o _ 0"0 ~ ' 'i5.o. u7; ~~ f~ ~,~ ~ _ 00 OWN ~ a ~ g"E ..... iii~~ E"E (6 ~ ~~ 15 _ OJ Ql ~ _ Cl (/) o o .,; "' ;; N ~ ~ '" o ~ 0. ~ U ., . , u _ ~ . " ~ _ '" 0> o .. " .. ~ ~ u _ . ." u 7; u . ~ . . , u _ ~ . " ~ "0 C , o E . o " " _ u . _ ~ . E -" u _ _ o _ . , . ~ "0 "E vi 5 ~ ~ 0 _ 0. -E'E . _ c.5 _ . E,g: ~ _ "5 :6 0'_ _ 0 , ~ 2 g . _ , 0 ~~ '" _ '" o "I ~ ! i ! , . ~ , i I , < " , , I , ~ f I o Ii ts; c 0 "' u 0 N ~ E 0 0 0 W N N N C 0 U g 0; '" " 0 0 0 'E 0 ~ N N N 0. C ~ ~ U .. C ~ .2 '" .. w 0 0 0 '0 w 0 .. N N N ~ C .. ~ c ~ .;;; .~ .. .. .. .. .. .. w <( C. C. C. .. j E E E jg 0 0 0 'u u u u .. LL e 1: 0. .. oS {, .. e ~ I- 0; .. .. .. ~ .. " .. .e ~ c. c. c. .. E E E 3: :;; 0 0 0 .. ';;; u u u :is .. .. .l! LL 0 0. U :::> ::Ii <( 'C .. .. c u c 5 .. ii: 0 VJ :!2 g 'S 01 '6 0 0 0 0 c ~ '" '" '" ~ LL l- I- I- 'C e .~ << ~ w N M " .. I- .. .. .. .g w w 0 .. .. .. .c .c .c ~ .. 0. eo. eo. E - 0.. 0.. 0.. N .. ~ ~ ~ N Z oJ. ~ .. U U u :is 'u :::> ::J ::J {!. .. ::> ::> ::> LL <( <>: <( ;; .;, , . I j I ! , i . . , . j ~ , ~ . ! J ! , , ft I ~ Section 6 Facilities Capacity Analysis Sections 3, 4, and 5 of this plan presented the population and associated water demand of the service area served and to be served by each utility, the existing water supply facilities in place to meet current demands, and the facilities planned to meet future water supply needs, respectively. The purpose of this section of the plan is to conveniently present a comparison of the population, water demand, facilities capacity, and permit limitations that identifies surpluses and deficits in facility and permit capacities. 6.1 Collier County Water-Sewer District (CCWSD) As described in Section 5.1, CCWSD plans to bring online a new potable water treatment facility and associated wellfield during the lO-year planning period ending in 2018. Table 6-1 illustrates how these additions to the existing system will allow CCWSD to stay ahead of the demand curve during the 10-year planning period. T bl 6 1 C 't A . f CCWsD a e - apaClty, nalysls or 2005 2008 2013 2018 Service Area Population 180,463 205,433 255,594 296,555 Demand Per Capita (gpcd) 170 170 170 170 Required Treatment Capacity @ 170 gpcd (MGD) 30.68 34.92 43.45 50.41 Available Facility Capacity (MGD) 40.00 52.00 54.00 59.00 Facility Capacity Surplus (Deficit) (MGD) 1 9.32 17.08 10.55 8.59 Raw Water Requirement (MGD)' 35.39 41.05 53.76 62.66 Permitted Amount (MGD Annual Average)3 56.14 56.14 56.14 56.14 Permitted Surplus (Deficit) (MGD)4 20.75 15.09 2.38 (6.52) .. Calculated by subtracting Required Treatment Capacity @ 170 gpcd from Available FaCIlity Capacity, 2 Raw water requirement is the amount of raw water needed to make a certain amount of finished water. It is calculated by dividing the Required Treatment Capacity@ 170 gpcd by the efficiency of the treatment process. 3 CUP (11-00249-W) for 56.14 MGD annual average expires February 8,2026. 4 Calculated by subtracting the Raw Water Requirement from the Permitted Amount. As will be noted from Table 6-1, the allocation under CCWSD's current CUP (11- 00249-W) is insufficient to meet the raw water requirement needed to make the Required Treatment Capacity @ 170 gpcd starting in 2018. CCWSD currently has an application (060908-9) in to the SFWMD to increase the withdraw limit on the Lower Tamiami Aquifer specified in the current CUP. When this modification is approved, the Annual Average Allocation for the permit will increase to 63.82 MGD. CCWSD has another application (070529-12) in for a new CUP for the planned NERWTP wellfield as described in Table 4-1. When the new CUP is approved CCWSD will be authorized to withdraw an additional 14.60 MGD from its source aquifers. Table 6-2 6-1 Section 6 Facilities Capacities Analysis shows a revised version of the CCWSD capacity analysis, taking into account the additional CUP allocation that CCWSD is currently pursuing. Table 6-2. evised aDaclty Analvsls or WsD 2005 2008 2013 2018 Service Area Population 180,463 205,433 255,594 296,555 Demand Per Capita (9pcd) 170 170 170 170 Required Treatment Capacity@ 170 qpcd (MGD) 30.68 34.92 43.45 50.41 Available Facility Capacity (MGD) 40.00 52.00 54,00 59.00 Facility Capacity Surplus (Deficit) (MGD)' 9.32 17.08 10.55 8,59 Raw Water Requirement (MGD)' 35.39 41,05 53.76 62,66 Permitted Amount (MGD Annual Ave~age)3 ..-- 56.14 63.82 63.82 78.42 Permitted Surplus (Deficit) (MGD)' 20.75 22.77 10,06 15.76 .. R C . f CC Calculated by subtracting ReqUired Treatment Capacity @ 170 gpcd from Available FaCility Capacity. 2 Raw water requirement is the amount of raw water need to make a certain amount of finished water. It is calculated by dividing the Required Treatment Capacity @ 170 gpcd by the efficiency of the treatment ~rocess. CUP based on existing permit (11-00249-W) and allocation increases currently in process. 4 Calculated by subtracting the Raw Water Requirement from the Permitted Amount. The allocation increases currently in process will allow CCWSD to meet its supply needs when the NERWTP comes online. 6.2 Immokalee Water and Sewer District (IWSD) Table 6-3 shows the capacity analysis for IWSD for the 10-year planning period. The improvements planned by the IWSD for the 10-year planning period are sufficient to meet the demands of the service area. However, the allocation of the underlying CUP (1l-00013-W) does not cover the withdrawals required to make the finished water demand. Table 6-3. CaDacitv Analysis for I 0 2005 2008 2013 2018 Service Area Population 24,348 26,566 35,312 44,917 Demand Per Capita (gpcd) 105 105 105 105 Annual Average Daily Demand (MGD) 2.56 2.79 3,71 4.72 Available Facility Capacity (MGD) 4,50 5.60 5.60 6.60 Facility Capacity Surplus (Deficit) (MGD) 1 1.94 2,81 1.89 1.88 Raw Water Requirement (MGD)' 2.64 2,88 3.82 4.86 Permitted Amount (MGD Annual Average)' 3.36 3.36 3.36 3.36 Permitted Surplus (Deficit) (MGD)4 0.73 0.49 (0.46) (1.50) , .. WS Calculated by subtracting Annual Average Dally Demand from Available FacIlity Capacity. 2 Raw water requirement is the amount of raw water needed to make a certain amount of finished water. It is calculated by dividing the annual Average Daily Demand by the efficiency of the treatment process. 3 CUP (11-00013-W) for 3,36 MGD annual average expires June 15, 2010. 4 Calculated by subtracting the Raw Water Requirement from the Permitted Amount. 6.2 Section 6 Facifities Capacities Analysis 6.3 Florida Governmental Utility Authority (Golden Gate) (FGUA) Table 6-4 shows the capacity analysis for FGUA for the 10-year planning period. The improvements planned by the FGUA for the 10-year planning period are sufficient to meet the demands of the service area. However, the allocation of the underlying CUP (11-00148-W) does not cover the withdrawals required to make the finished water demanded. An increase in the CUP is being applied for as part of the permit renewal. The increase will cover the future withdrawals needed. sis for FGUA 2005 2008 2013 2018 13,642 14,224 15,704 17,339 109 109 109 109 1.49 1.55 1.71 1.89 2.09 2.09 2.34 2.59 0.60 0.54 0.63 0.70 1.77 1.91 2.17 2.46 1.92 1.92 1,92 1.92 Permitted Sur Ius Deficit MGD 4 0.15 0.01 0.25 0.54 Calculated by subtracting Annual Average Daily Demand from Available Facility Capacity. 2 Raw water requirement is the amount of raw water need to make a certain amount of finished water. It is calculated by multiplying the population by the demand per capita raw water usage. 3 CUP (11-00148-W) for 1.92 MGD annual average expires September 11, 2008. 4 Calculated by subtracting the Raw Water Requirement from the Permitted Amount. 6.4 Orange Tree Utility Company (OTUC) Table 6-5 shows the capacity analysis for OTUC out to 2012 when it is proposed to be taken over by CCWSD. The improvements planned by the OTUC for the lO-year planning period are sufficient to meet the demands of the service area. However, the allocation of the underlying CUP (11-00419-W) does not cover the withdrawals required to make the finished water demanded in 2012. sis for OTUC 2005 2008 2,631 5,700 100 100 0.26 0.57 0.75 0.75 0.49 0.18 0.34 0.73 0.86 0.86 Permitted Sur ius Deficit MGD 4 0.52 0.13 ] Calculated by subtracting Annual Average Daily Demand from Available Facility Capacity. 2 Raw water requirement is the amount of raw water need to make a certain amount of finished water. It is calculated by dividing the Annual Average Daily Demand by the efficiency of the treatment process. 3 CUP (11-00419-W) for 0.86 MGD annual average expires November 11, 2009. 2012 9,500 100 0.95 1.50 0.55 1.22 0.86 0.36 6-3 Section 6 Facifities Capacities Analysis 4 Calculated by subtracting the Raw Water Requirement from the Permitted Amount. 6.5 Ave Maria Utility Company, LLLP (AMUC) Table 6-6 shows the capacity analysis for AMUC for the 10-year planning period. The improvements planned by the AMUC for the 10-year planning period are sufficient to meet the demands of the service area. However, the allocation of the underlying CUP (11-02298-W) does not cover the withdrawals required to make the finished water demanded. It is assumed that any short comings of the CUP will be addressed by AMUC prior to the development of the infrastructure. 2007' 2008 2013 2018 2,924 3,886 14,985 27,255 110 110 110 110 0.32 0.43 1.65 3.00 1.67 1.67 4.17 5.00 1.35 1.24 2.52 2.00 0.38 0.50 1.94 3.53 1.26 1.26 1.26 6-4 Section 7 Conservation Regulations and Practices As the water supply in Florida becomes more taxed over time, the need to more efficiently utilize water resources will increase. The following subsections outline the conservation reguIations and practices utilized by each of the utilities covered under this pIan. The information provided has been taken directly from the conservation plans approved by the SFWMD and included in each utility's consumptive use permit. 7.1 Collier County Water-Sewer District (CCWSD) The conservation plan implemented by CCWSD is described in the utility's consumptive use permit as follows: The Collier County Board of Commissioners enacted Ordinance 2002-17, which reduced watering to three days per week (three times each for odd and even numbered addresses), in an effort to reduce water consumption. This ordinance also requires that rain sensor devices be installed on automatic irrigation systems. The Board initiated an ASR program to allow for the storage of excess water that can later be withdrawn to offset peak usage. Other water conservation measures designated by the SFWMD, which Collier County has enacted include: · Requiring low flow plumbing fixtures as part of the Unified Land Development Code (ULDC); · Requiring use of xeriscaping and other drought-tolerant vegetation in portions of the ULDC; · Implementing water conservation rates that increase per-thousand gallon charges as usage increases; · MonthIy reading of all customers' meters to minimize losses from unaccounted- for water; · An active reuse program, which delivers over 3.9 billion gallons a year of reclaimed wastewater, to reduce irrigation withdrawals; · Filter backwashing at the SCRWTP to eliminate waterlost in cleaning filters; and · Enacted in 2003 to further promote water conservation, the Board approved a mandatory water high-consumption surcharge, which is applied when the SFWMD impIements water restrictions and impacts only high-use consumers. 7.1 Section 7 Conservation Regulations and Practices In addition to these water conservation measures, the PUD and other County agencies endeavor to educate the public regarding water conservation through educationaI and outreach programs. Staff members routinely conduct presentations for schools, civic groups, homeowner associations, and other receptive groups. Division staff participate in events, such as "Senior Expo" and "Government Days," to take the water conservation campaign to the public. Utility bill inserts and advertising have further helped to spread the message. The County has actively been promoting the "Fridays are Dry Days" campaign, which has become the tag line on commercials airing on radio stations throughout Collier County. These stations were selected to target a large number of consumers, including those that do not speak English. The tag line has also been utilized in several productions airing on the Collier County Government Channel. Public service announcements and specially produced videos promoting water conservation also air on the County's government access television station, Channel llj16. Collier County's Water Department has made significant strides towards improving and enhancing the efficiency of the Water Distribution System. Maintaining an efficient system with upgraded and preventive maintenance efforts keeps unplanned water losses to a minimum. Collier County's average unaccounted-for water is currently below 10 percent, due to aggressive water loss management practices. Specific projects the Water Department has completed that aid in water conservation include: · Installation of additionaI valves in several critical areas of the water mains to effectively decrease isolation times in the event of main breaks. Decreasing the isolation time results in reduced water losses. · Mapping the entire water supply system which, in the event of a main break, aids in reducing water loss through improved location and isolation times. · Replacing over 100 galvanized service replacements throughout the Water District annually. This increases reliability of water services and reduces potential water Ioss. · As part of an ongoing repIacement program, the Water Department has replaced over 40,000 meters in the last three years. These new meters utilize automatic meter reading technology, which will increase the reliability of the meter reading process and decrease the amount of unaccounted for water usage. · Completing replacement projects on several substandard water mains. This improves service reliability and fire protection capacity, and reduces the potential for water loss. · Large meters throughout the County service area are tested twice per year. This decreases unaccounted-for water loss. 7-2 Section 7 Conservation Regulations and Practices · As part of the distribution system rehabilitation program, automatic flushing stations are installed in problem areas of the system as they are identified. This results in the reduction of overall water loss due to required flushing to maintain disinfectant residuals. · Another part of the distribution system rehabilitation program involves installing new water quality sampling stations at ends of the system as additional locations are identified. The increase in monitoring from these locations will aid in the identification of developing water quality problems before they become critical. Proactive monitoring results in effective reduction of water loss from high volume flushing required when water quality probIems develop. 7.2 Immokalee Water and Sewer District (IWSD) The conservation pIan implemented by IWSD is described in the utility's consumptive use permit as follows: Pursuant to the SFWMD Basis of Review (March 1994), Section 2.6.1, Water Conservation Plans, all public water suppIy utilities are required to develop and implement a water conservation plan. Each of the mandatory water conservation eIements must exist or have a proposed time frame for implementation. As mentioned earlier, the IWSD was established under Florida law and has specific duties and quasi-governmentaI rights. However, the authority to enact ordinances does not reside with that District. The applicant has stated they will request that Immokalee enact any required ordinances within a year of permit issuance. The applicant has provided the following water conservation plan elements: A. Permanent Irrigation Ordinance: An ordinance which restricts landscape irrigation to the hours of 4:00 p.m. to 10:00 a.m., 7 days per week, is currently not in effect for the service area. The utility will request that Immokalee adopt an ordinance for the service area within 1 year of permit issuance. B. Xeriscape Ordinance: An ordinance which requires the use of xeriscape Iandscape principles is currently not in effect. The utility will request that Immokalee adopt an ordinance for the service area within 1 year of permit issuance. C. Ultra-Low Volume Plumbing Fixture Ordinance: An ordinance which requires ultra-low volume plumbing fixtures on all new construction is in effect for the service area. D. Water Conservation Rate Structure: The applicant has a conservation- based rate structure, which includes increasing block rates as a means of reducing demands. 7-3 Section 7 Conservation Regulations and Practices E. Leak Detection Program: The applicant does not have an unaccounted-for water and Ieak detection program because the unaccounted-for water losses are less than 10 percent. F. Rain Sensor Device Ordinance: An ordinance which requires any person who purchases and installs an automatic lawn sprinkler system to install, operate, and maintain a rain sensor device or automatic switch which will override the irrigation system with the occurrence of adequate rainfall is currently not in effect for the service area. The utility will request that Immokalee adopt an ordinance within 1 year of the permit issuance. G. Water Conservation Education Program: The applicant distributes pamphlets, makes schooI visits, and provides information booths for employees and customers. Information signs, press releases, and messages about water conservation on the bills are also utilized. H. Reclaimed Water: Currently, all wastewater effluent is disposed of via a spray irrigation field and percoIation ponds. 7.3 Florida Governmental Utility Authority (Golden Gate) (FGUA) The conservation plan implemented by FGUA is described in the utility's consumptive use permit as follow: The Authority (FGUA) has an interlocal agreement with Collier County to serve portions of unincorporated Collier County. As such, the Authority follows Collier County's Water Irrigation Ordinance, 2002-17, which is the District's intent to conserve water through irrigation scheduIes. This ordinance also refers to Chapter 373.62,P.5. with regards to use of a rain sensor or other automatic switch which will override the irrigation cycle of the irrigation system. Additionally, Chapter 40E-24 of the District's rules requires residential irrigation to follow a plan of odd-even addresses with 3 days per week irrigation. Permitted irrigation of nonathletic playing fields (golf courses, ball fields, Iawn tennis, etc.) is also required to follow the same conservation practices. The current rate structure for billing customers provides for a base facility charge and a volumetric consumption charge, resulting in increased customer costs for higher consumption. The rate structure is intended to conserve water. The Authority's wastewater is 100 percent reused by routing the effluent to rapid infiltration basins to recharge the ground water system. The Authority encourages use of xeriscape practices similar to the County's xeriscape ordinance. The Authority does not have the ability to create an ordinance for the Golden Gate service area, but does promote xeriscape through a public education program. Similarly, the Authority has no plumbing ordinance for low flow fixtures, 7-4 Section 7 Conservation Regulations and Practices but does encourage these products through the use of public education. The public education program consists of routine mailings of water conservation literature with monthly customer billings, meeting with homeowner associations, school programs with speakers and water plant tours, and participation in community events. The Golden Gate Utility, now the Authority, implemented an unaccounted for water loss program in 2003. Unaccounted for water Ioss is tracked monthly with the resuIts submitted annually. Leak detection services are budgeted for as part of the Integrated Water Resources Management PIan, but are only used if water Ioss is greater than 10 percent. 7.4 Orange Tree Utility Company (OTUC) The conservation plan impIemented by OTUC is described in the utility's consumptive use permit as follows: A. Permanent Irrigation Ordinance: OTUC enforces all watering restrictions as they are made known. This includes the District's Mandatory Year Round landscape irrigation measures for Lee, Collier, and Charlotte counties (Chapter 40E-24, F.A.C). B. Xeriscape Ordinance: OTUC highIy encourages the use of Xeriscape landscaping in its service area to help reduce the need for ornamental watering. C. Ultra-Low Volume Plumbing Fixture Ordinance: It is the policy of OTUC that low volume plumbing be installed in all new service connections, in accordance with the State building code. D. Water Conservation Rate Structure: OTUC is in the process of deveIoping a conservation based rate structure for future use, with approvaI from the Collier County Water and Wastewater Authority. E. Leak Detection Program: OTUC will repair any system leaks brought to its attention in a timely fashion and will also review usage for detection of major leaks. F. Rain Sensor Device Ordinance: OTUC requires all irrigation systems to have rain sensors which override new lawn sprinkler installations. G. Water Conservation Education Program: OTUC will distribute and place on its website public service education information as it is made availabIe by government agencies. H. Reclaimed Water: Wastewater is being reused as a source for golf course irrigation water at the present time. In the future, as more reclaimed water becomes available, it will also be used for residential irrigation. 7-5 Section 7 Conservation Regulations and Practices 7.5 Ave Maria Utility Company, LLLP (AMUC) The conservation plan implemented by AMUC is described in the utility's consumptive use permit as follow: Per Section 2.6.1 of the Basis of Review, public water supply in excess of 500,000 gallons per day require a water conservation plan addressing the following conservation elements: Permanent Irrigation Ordinance, Xeriscape Ordinance, UIlra- Low Volume Plumbing Fixture Ordinance, Water Conservation Rate Structure, Leak Detection Program, Rain Sensor Device Ordinance, Water Conservation Education Program, and Reclaimed Water Use. The following information is provided. A. Permanent Irrigation Ordinance: One of the water conservation efforts the Ave Maria University and Town will pursue is adoption of an irrigation ordinance to limit irrigation water usage during the dry season. The planned ordinance would follow watering restrictions adopted by Collier County, including limiting daytime watering times and limiting the number of days that lawns could be watered. The irrigation ordinance would also likely follow an even/ odd address watering system. B. Xeriscape Landscape Ordinance: The university and town of Ave Maria will pursue adoption of an ordinance which recommends the use of xeriscape principles in landscape planning for all new construction. The ordinance would encourage implementation of xeriscape landscaping practices including use of mulches, native and drought tolerant plants, and limited turf areas. C. Ultra-Low Volume Plumbing Standards: The university and town of Ave Maria will pursue adopting an ordinance requiring uItra-low volume plumbing fixtures in all new construction. The standards proposed in the pIanned Ave Maria Plumbing Code would, in most cases, be as stringent as the ultra-low plumbing standards stipulated in the SFWMD Water Conservation Plan Development Guidelines. D. Water Conservation Rate Structure: The Town of Ave Maria plans to utilize an inclining bIock rate structure in order to promote water conservation. Residential and commerciaI water rates will consist of a monthly capacity cost charge (base rate) and a monthly commodity costs charge (volume charge). The commodity costs charges will increase with increased volume use. For example, residential costs increase from $1.75 per thousand gallons for under 5,000 gallons, to $4.00 per thousand gallons for quantities over 30,000 gallons. The details and the planned water rate scheduIe have not been specifically determined yet. E. Leak Detection & Distribution System Losses Program: A leak detection program will be implemented by the AMUC if system losses exceed 10 7-6 Section 7 Conservation Regulations and Practices percent. The leak detection program will likely utilize the Rural Water Association (RW A) sonic type leak detection equipment. System losses may be attributable to known line breaks. The Ave Maria Utilities Deparhnent will repair water main and service line breaks as soon as possible to minimize and prevent distribution system losses. F. Sprinkler System Rain Sensor: The Town of Ave Maria will recommend installation of rain sensor devices on automatic lawn sprinkler systems for all new construction, G. Public Education Programs: The AMUC will pursue public education programs on water conservation and community responsibility. The program could include presentations by Utility staff, such as water conservation topics discussed during tours conducted at the Water Treahnent PIant and Waste Water Reclamation Facility. Educational brochures on water conservation, Iandscaping and xeriscape can be distributed by the Utility offices. The AMUC could also include water conservation information to all customers aIong with monthly billing statements. H. Reclaimed Water: The most important eIement of Ave Maria's Water Conservation Plan is utilization of a reclaimed water system for irrigation. The town and university will pursue the use of as much reclaimed water as possible and will likely be able to utilize 100 percent of the reclaimed water generated. 7.7 Section 8 Capital Improvement Projects Section 5 of this plan focused on the projects that each of the utilities have planned for the 10-year planning period. Attention was paid to the amount of water made available and when it would be made available. The following subsections present the capital improvement projects planned by each utility, including the funding source, project number, project name, and cost estimate for each project. 8.1 Collier County Water-Sewer District (CCWSD) The most recent lists of CCWSD water and wastewater capital improvement projects were developed as part of the 2008 Water and Wastewater Master Plan Updates, which were published in June 2008. The capital improvement projects pertinent to future water supply are summarized in Table 8-1. CCWSD funds its water and wastewater projects from four funds: 411 - Water Impact Fees, 412 - Water User Fees, 413 - Wastewater Impact Fees, and 414-Wastewater User Fees. Impact fees are utilized to pay for new suppIy projects, while user fees are used to fund operations, maintenance, and replacement of existing facilities. 8.2 Immokalee Water and Sewer District (IWSD) Included are approved projects that are expected to be completed in the 2008- 2013 fiscal years. IWSD receives funding in the form of USDA Rural Development loans and grants. USDA has provided $3,000,000 in grant funding to complete these projects. IWSD currently does not charge impact fees, and Ioans are repaid with water and sewer user fees. The capital improvement projects pertinent to future water supply are summarized in Table 8-2. 8.3 Florida Governmental Utility Authority (Golden Gate) (FGUA) The most recent list of FGUA water and wastewater capital improvement projects was provided in a letter dated December 21, 2007. The capital improvement projects pertinent to future water supply are summarized in Table 8-3. As a utility near build out, FGUA funds its capital projects through user fees. 8.4 Orange Tree Utility Company (OTUC) OTUC provided a summary of its capital improvement projects in a letter dated September 27, 2007. 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I , , Ii ., Appendix A Interlocal Agreement Between CCWSD and the City of Naples 1 City of Naples Water and Wastewater Service 2 INTERLOCAL AGREEMENT. ACCORD AND SATISFACTION 3 4 THIS INTERLOCAL AGREEMENT, (herein "this Agreement") is entered into this 5 day of , 2008, between the City of Naples, Florida ("City") and 6 the Board of County Commissioners of Collier County, Florida ("County"), as the 7 Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier 8 County Water-Sewer Oistrict ("CCWSO"), 9 10 ARTICLE ONE - BACKGROUND INFORMATION 11 12 1. By enactment of City of Naples Ordinance No, 2698 (passed 2nd reading on June 13 15, 1977), the City exercised its Chapter 180, Florida Statutes, power and authority to 14 extend the City's water and wastewater utility facilities into specific geographic areas in 15 unincorporated Collier County as such areas are depicted by a one (1) page map and a 16 twenty-one (21) page legal description that was attached to and made a part of that 17 Ordinance, 18 19 2, The County and the City entered into a Basic Agreement (the "BA") effective 20 October 16, 1977, The original BA addressed only potable water service from the City to 21 specified geographic areas in unincorporated County (as such areas are described by 22 the legal description in Exhibit "A" that was attached to the BA), The following items 23 were attachments to the original BA: 24 a, Exhibit "A" - (2 pages), Page 1 of Exhibit A is a "metes and bounds 25 legal description" of the City's Water Service Area Boundary, Page 2 of that 26 Exhibit "A" is a map (graphic) depicting the then existing geographic boundaries 27 of the City's Water Service Area. 28 b, Exhibit "B" is a 1-page map (graphic) entitled "City Franchised 29 Water Service Area." 30 c, Exhibit "C" is a 1-page map (graphic) denoted as "City Raw Water 31 Transmission Main and Supply Wells," 32 d, Exhibit "0" is a 5-page "preliminary report" (in letter form) signed by 33 Ted Smallwood on behalf of "BC&E/CH2M Hill." That Report (at its page 5) 34 states that it is ".., a preliminary report intended only to provide general guidance 35 to both the City and County in establishing policy for the future of the respective 36 governing bodies' utilities," 37 38 3, Addendum #3 to the BA addressed (for the first time) wastewater service from 39 the City to specified geographic areas in unincorporated Collier County, 40 4, The original BA has been amended by two (2) "Amendments" and by nine (9) 41 "Addendums," The SA and the eleven (11) amending agreements are: Citu's Authorization Effective Date Item's Descrintion Annlicabilitu City Res, No. 2783 October 16, 1977 The Basic Anreement Active City Res, No. 3284 June 20, 1979 Addendum # 1 Added 2 water meter sites City Res, No. 3305 August 1, 1979 Addendum # 2 Added 1 water meter site City Res, No, 3502 ADril 2, 1980 AMENDMENT # 1 Fullv Executed City Res, No, 84-4526 AUllust 15, 1984 AMENDMENT#2 Fully Executed City Res, No, 84-4598 November 7,1984 Addendum # 3 Active Cltv Res, No. 86-5136 November 3, 1986 Addendum # 4 Fullv Executed City Res. No. 86-5160 December 3, 1986 Addendum # 5 Fullv Executed City Res. No. 87-5430 November 18,1987 Addendum # 6 Fullv Executed City Res, No, 89-5733 Februarv 1, 1989 Addendum # 7 Fullv Executed City Res, No, 90-6117 Mav 16, 1990 Addendum # 8 Fullv Executed City Res, No, 91-6347 ADril 3, 1991 Addendum # 9 Fullv Executed , J 42 43 Informational Notes: The original BA agreed that the City would supply water at the following four (4) 44 water interconnect locations: U,S, 41 and Thomasson Drive; Radio Road one mile north of Pine Ridge 45 Road; Pulling Road two miles north of Pine Ridge; and U,S, 41 and 91" Avenue North, Naples Park, 46 47 ADDENDUM #1 a9reed that the City would supply water at the following added two (2) interconnection 48 points: Lakewood Unit #7 - Boca Cieca Drive and Marcor Drive; and Kin9s' Lake - Evergreen Lake Road 49 in the vicinity of Lakewood Boulevard, 50 51 ADDENUM #2 added one (1) additional water service connection point as follows: King's Lake North _ 52 Eastern end of Estey Drive, 53 54 AMENDMENT #1 (a) amended BA paragraph 13 to agree that the City was to quitclaim specified utility 55 facilities to the County regarding the City's water service to the BA's Exhibit B water service area; (b) 56 added a new paragraph 13A into the BA (regarding planned relocation of City-owned water tank) and (c) 57 amended BA paragraphs 7, 8, 11 and 21, 58 59 AMENDMENT #2 (a) added a new subparagraph (h) to BA paragraph 2 (to add one additional connection 60 point to the City's 5 million gallon water storage tank, located at Carica Road, subject to the County 61 assuming permanent water service to the geographic areas described as south of township line between 62 Townships 48 South and 49 South, outside of the City's water service area as depicted on the BA's Exhibit 63 A; (b) Amended the BA's paragraph 3 to establish a rate payment formula applicable to only BULK water 64 sold by the City to the County; (c) Amended paragraph 7 to the BA to agree that the water meter at U,S, 65 41 and Thomason Drive would remain in place and continue to be used; (d) Also amended the BA's 66 paragraph 8 to agree that the City could limit the quantities of its supply of BULK rate City treated water; 67 (e) Deleted BA paragraphs 9 and 10; (I) Amended BA paragraph 12 to agree that the City could limit the 68 quantity of the City's supply of BULK water if the County did not commence construction of specified water 69 facilities by January 1, 1989; and (g) Amended BA paragraph 13A to agree that the County would pay 70 interest regarding specified construction costs, 71 72 Addendum #3 acknowiedged that the City was serving (and would continue to permanently serve) twenty- 73 two (22) geographic areas listed therein with wastewater service and also agreed to many specifics 74 regarding that wastewater service, Paragraph 7 in Addendum #3 refers to then existing contingencies 75 regarding possible wastewater service from the City to the Pine Ridge Industrial Park, (Permanent 76 wastewater service to the Pine Ridge Industrial Park is currenlly being provided by the CCWSD), 77 78 Addendum #4 transferred the Pelican Bay Improvement District to the CCWSD for permanent potable 79 water service and transferred the following (as therein described) water service sites: Located on the west 80 side of Airport Road and south of Pine Ridge Road) to the City for permanent wastewater service from the 2 81 City: Bear's Paw, Poinciana Village, Poinciana School, Pine Woods, Naples Bath and Tennis, and The 82 Falls, 83 84 Addendum #5 transferred the Sutherland Center to the City for five (5) years of interim water service from 85 the City, (The CCWSD now supplies permanent water service to the Sutherland Center), 86 87 Addendum #6 agreed that the City would provide interim water service to the Pine Ridge Middle School. 88 (The CCWSD now supplies permanent water service to that school.) 89 90 Addendum #7 agreed that the City would provide interim water service to the East Naples Community 91 Park, (The CCWSD now supplies permanent water service to that Park,) 92 93 Addendum #8 agreed that the City would supply bulk potable water service to the Wyndemere 94 Subdivision, (The CCWSD now supplies permanent water service to that subdivision) 95 96 Addendum #9 agreed that the City would provide interim water service to the North Naples Fire Station, 97 (The CCWSD now supplies permanent water service to that Fire Station,) 98 99 5, Only the original SA (regarding water service), and Amendment #2 (amending 100 the SA's Paragraph 3 to create a rate payment formula applicable to SULK water sold 101 by the City to the County), and Addendum #3 (regarding City wastewater service 102 including no sewer service surcharge to twenty-two listed geographic areas) have 103 provisions that have not been fully executed, All of the other ten (10) above-listed items 104 have been fully executed, Several of those items applied for limited time periods that 105 have come and gone, 106 107 6, Except as provided in paragraph 5, above, this Agreement cancels and 108 supersedes the SA, the two (2) amendments to the SA and the nine (9) addendums to 109 the SA. This Agreement does not affect any previously executed aspect of the SA, or 110 any amendment or addendum to the SA. such as and without limitation: (a) transfer of 111 title to any real property and/or any previously executed transfer of title to any personal 112 property; (b) any prior grant of, transfer of, or any other right to use any property 113 including easements; nor (c) any prior grant of any right to use personal property, This 114 Agreement does not affect any now existing water interconnection service site, any right 115 of any water or sewer service customer or service site, or any third party beneficiary, 116 117 7, Term of this Agreement. This Agreement shall continue until, if and when, 118 terminated in writing by the City and the County, 119 120 8, Amendments to this Agreement. This Agreement shall be amended only by . 3 121 written amending agreement(s} executed by the City and by the County and which shall 122 include the following example (title): "This First Amending Agreement amends the 2008 123 City of Naples, Collier County Interlocal Agreement - Accord and Satisfaction," The 124 Second Amending Agreement shall be titled "This Second Amending Agreement ...." 125 126 9, Successors and Assigns, This Agreement shall be binding on the successors 127 and/or assigns, if any, of the City, the County and/or the CCWSD, 128 129 10, Definitions, "Complex" refers to the County Courthouse Complex. "County" 130 means "Collier County," "CCWSD" means "the Collier County Water-Sewer District" 131 "Imputed sewer service gallonage" means the quantity of sewer service gallonage 132 determined by a percentage of water supplied by the City to the respective service site 133 or service geographic area, "Horseshoe Drive Areas" refers to the South Horseshoe 134 Drive Area/Collier Industrial Park, plus the Coconut River Estates Area (in residential 135 use), and plus the River Reach Area (in residential use), "In-City rates" means City 136 water service rates and/or sewer service rates that do not include any surcharge, "Out- 137 of City rates" means City water service rates and/or sewer service rates that can include 138 the City's discretionary 25% surcharge, "Meter measured gallonage" refers to the 139 gallons of water and/or sewage gallonage measured by a water meter or sewer flow 140 meter. "School site" refers to the Shadowlawn Elementary School site. "Sewer" and 141 "wastewater" are synonymous, "Surcharge" means the City's Subsection 180.191(1}(a}, 142 Florida Statutes, twenty-five percent (25%) surcharge, 143 144 ARTICLE TWO 145 146 CITY'S EXISTING WATER AND SEWER SERVICE 147 TO UNINCORPORATED AREAS OF COLLIER COUNTY 148 149 1, CITY'S EXISTING WATER SERVICE AREA BOUNDARIES IN 150 UNINCORPORATED COLLIER COUNTY, The geographic boundaries of the City's 151 existing water service areas in unincorporated Collier County are depicted in Exhibit 152 "_" attached to this Agreement Pursuant to this Agreement, the City shall continue to 153 provide those water services to those geographic areas, 4 154 155 2, CITY'S EXISTING SEWER SERVICE AREA BOUNDARIES IN 156 UNINCORPORATED COLLIER COUNTY, The geographic boundaries of the City's 157 existing sewer service areas in unincorporated Collier County are depicted in Exhibit 158 "_" attached to this Agreement. The City shall continue to provide its sewer service to 159 those geographic areas, excepting only the Complex and the School site, In accord 160 with the BA and its Addendum #3, throughout the term of this Agreement the City's 161 sewer rates, fees and charges to be applied to the Complex shall be and remain the 162 same as the City's then existing in-City sewer rates, fees and charges, For sewer rates 163 fees and charge purposes, throughout this Agreement, the Complex shall be treated as 164 if it is physically located within the City's geographic boundaries, Those geographic 165 areas are depicted in Exhibit "_" attached to this Agreement. 166 167 ARTICLE THREE 168 169 1, WATER AND SEWER SERVICE TO THE COMPLEX, SCHOOL SITE, AND THE 170 HORSESHOE DRIVE AREAS, 171 172 A City Water Service to School site. The City shall continue to supply water 173 service to the School site, shall invoice the school site and retain all such water service 174 revenues. 175 B. City Water Service to the Complex: Rates: Minimum Water Pressure, The City 176 shall continue to supply water service to the Complex by applying its generally 177 applicable in-City water rates (no surcharge), The water pressure shall not be less than 178 fifty (50) pounds per square inch as pressure tested at the water meters that 179 interconnect that water to the Complex. 180 C. Sewer Service Supplied bv the City to the Complex and School Site 181 Transferred to the CCWSD: Citv Sewer Rates to School Site, The City has been 182 supplying sewer service to the Complex and School site (through the Linwood Avenue 183 force main), At no cost to the City, the County will disconnect the Complex and School 184 site from the Linwood force main and concurrently connect both of these two service 185 sites to the CCWSD's sewer system, This Agreement does not control the City's sewer 5 186 rates to be applied by the City to the School site, Applying the City's then generally 187 applicable sewer service rates, the City shall collect and retain all of those revenues, 188 D, Sewer Gallonaae Imputed to the School site, Each billing-cycle the sewer 189 service gallonage to be imputed to the School Site shall be fixed by applying 100% of 190 the City's metered water gallonage supplied to the School site, 191 E Quantity of Sewer Service Imputed to the Complex - City's in-City sewer 192 service rates, The sewer service gallonage to be imputed to the Complex shall be fixed 193 by 100% of City meter measured gallons of only the "net potable water" supplied to the 194 Complex each City billing-cycle. The following City supplied water shall be excluded to 195 calculate the sewer service gallonage imputed to the Complex: City water for irrigation; 196 City water for use by the County's cooling tower, and (3) City water for other future 197 water uses, if any, if that water will not increase the sewage gallonage coming from the 198 Complex (into the CCWSD's sewer system), The City shall apply its generally 199 applicable in-City sewer service rates to the Complex (no sewer surcharge), For these 200 sewer rate purposes the Complex shall be treated as if it is (and remains) wholly within 201 the City's geographic boundaries, 202 203 2, THE HORSESHOE DRIVE AREAS: WATER AND SEWER SERVICE TO 204 THESE AREAS: SEWAGE EQULlIZATION TRANSFERS FROM CCWSD TO CITY. 205 206 A. Sewer Service to the Horseshoe Drive Areas, The CCWSD has been providing 207 sewer service to the Horseshoe Drive Areas, And by agreement with the CCWSD, 208 applying the CCWSD's sewer service rates, the City has been collecting these revenues 209 and has been remitting those revenues to the CCWSD. The City shall continue to 210 collect those revenues from the customers in the Horseshoe Drive Areas and shall 211 continue to remit those sewer service revenues to the CCWSD, By means of the 212 sewage equalization transfers (See Paragraph F, below), and that the School 213 administration shall pay the City for the sewer service gallonage imputed to the School 214 site (as invoiced by the City to the School site), and that the County shall pay the City 215 for the sewer service gallonage imputed to the Complex (as invoiced by the City to the 216 County), the City will thereby be paid in full for the sewage equalization transfers 217 delivered to the City through the Horseshoe Drive Interconnection (the net result being 6 218 the same as if that sewage gallonage is delivered to the City's system from the Complex 219 and from the School site), 220 B, Horseshoe Drive Interconnection, This interconnection point is located near 221 the southwest corner of Airport Pulling Road and North Horseshoe Drive (The location 222 is depicted on Exhibit "_" attached to this Agreement). The County has installed a 223 sewage flow meter at this interconnection point. The CCWSD shall continue to own, 224 maintain, repair, and if necessary, replace the flow meter. 225 C, Sewaqe Equalization Transfers, The intent of this Agreement is that, as 226 measured by the sewage flow meter at the Horseshoe Drive Interconnection, the 227 CCWSD will control the sewage gallonage delivered from the Horseshoe Drive Areas to 228 the City's sewer system, From time-to-time, usually after every two (2) City billing- 229 cycles, the metered measured City water imputed to the Horseshoe Drive Areas shall 230 be compared to City water imputed to the School site and the net potable water 231 supplied to the Complex, to check the accuracy of the sewer flow meter, The Sewage 232 Equalization Transfers should not exceed plus or minus ten percent (10%) of the City 233 water imputed to the School site and the net potable water imputed to the Complex. 234 D, Reimbursement Pavment from Countv to Citv reqardinq the Horseshoe Drive 235 Interconnect. The CCWSD has expended $138,159,25 to interconnect a CCWSD- 236 owned wastewater force main to the City's wastewater facilities for delivery of sewage 237 into the City's wastewater system from the CCWSD and/or from the City's system into 238 the CCWSD'S system during emergencies, The CCWSD managed and paid for that 239 work and the City paid the CCWSD already incurred costs of $50,935,62. As this 240 interconnection is not to be limited to emergencies, the County will promptly remit this 241 $50,935,62 to the City, 242 243 3, COUNTY TO PAY TO THE CITY A ONE TIME FEE REGARDING CITY'S NET 244 ADDITIONAL LINEAL FEET OF CITY-OWNED WASTEWATER TRANSMISSION 245 FACILITIES, For the purposes of this Paragraph 3, it is agreed that the lineal feet 246 distance from the Linwood Avenue Force Main interconnection into the City's 247 wastewater system, and running out to the City's wastewater treatment plant, is 9,529 248 lineal feet, and that the lineal feet distance from the Horseshoe Drive Interconnection, 249 running out to the City's wastewater plant, is 10,514 lineal feet. Therefore, the resulting 7 250 "net additional length" of these City-owned sewer transmission facilities equals 985 251 lineal feet (10,514 lineal feet minus 9,529 lineal feet), For each calendar year of this 252 Agreement, and not later than January 31 of each such calendar year, the County will 253 prepay the City $ to reimburse the City for a fair share of its operation and 254 maintenance costs regarding this net additional length of 985 lineal feet and the 255 CCWSD's use thereof, If the net additional length should change more than plus or 256 minus one hundred (100) lineal feet, such changed lineal feet length shall be agreed 257 upon and the dollar amount of this fair share fee shall then be adjusted pro-rata, The 258 path of these City-owned sewer transmission facilities are depicted on a Exhibit "_" 259 attached to this Agreement. 260 261 4, LINWOOD AVENUE FORCE MAIN QUIT-CLAIMED TO COUNTY, Only the 262 Complex and the School site (until such service is transferred from the City's system to 263 the CCWSD's system) are supplied with sewer service through a six-inch (6") 264 wastewater force main, referred to in this Agreement as the "Linwood Avenue force 265 main," This force main is now of insufficient size to comply with the Florida Department 266 of Environmental Protection's requirements applicable to transfer of the current 267 combined quantities of sewage gallonage from the Complex and the School site to the 268 City's sewer system. This force main shall not provide any service to the School site, to 269 the Complex, nor to any other site after the Complex and the School site are 270 disconnected from this force main. There is doubt regarding ownership of the property 271 title to this force main, To remove this doubt the City hereby quit-claims to the County 272 (not the CCWSD) all rights, title and interests the City has or may have in this force 273 main, The City shall retain title to the associated lift station located at Commercial 274 Boulevard and Davis Boulevard, At the County's discretion, some or all of this force 275 main (but not the City's lift station) may eventually be removed from the ground at no 276 cost to the City, The location of this force main and lift station is depicted on Exhibit" " 277 attached to this Agreement. 278 279 5, CITY'S UTILITY BilLING ORDINANCE. The City's water and wastewater billing 280 cycle rates are determined by applying the City's generally applicable utility billing 281 ordinance (currently Ordinance No, 94-7187), Section 30-36 in Ordinance No, 94-7187 8 282 reads: "The rates charged by the city for water furnished to customers shall be set forth 283 in appendix A to this Code," Subsection 30-164(a) in that Ordinance reads: "(a) 284 Purpose, It is the purpose of this section to provide for the recovery of costs from users 285 of the city's wastewater disposal system for the implementation of the program 286 established herein. The applicable charges and fees shall be as set forth in appendix A 287 to this Code," Each City billing-cycle comprises approximately sixty (60) consecutive 288 days, The City's current billing-cycle sewer service rates are listed on a one (1) page 289 schedule entitled "CITY OF NAPLES WASTEWATER RATES," A copy of this schedule 290 is attached to this Agreement as Exhibit "_," The City's sewer service rates determine 291 the customers' billing-cycle invoiced wastewater rate by (1) the applicable "base charge" 292 (determined by the size of the customer's water meter) plus (2) a "per 1,000 gallons" 293 charge that applies to the meter measured City water supplied to the customer's service 294 site during the respective billing-cycle, The "per 1,000 gallons" charge does not apply to 295 gallons of water that exceed the maximum imputed gallons of water determined by the 296 size of the water meter. 297 298 ARTICLE FOUR - ACCORD AND SATISFACTION 299 300 The City and the County agree that this Agreement settles and forever resolves any and 301 all claims and disputes of every description that each party hereto had, may have had, 302 now has or now may now have, against any other party arising out of, or associated 303 with, the 1977 Sasic Agreement (the "SA") and/or either or both of the SA's two (2) 304 amendments, and/or any of the SA's nine (9) addendums, including with regard to any 305 and all utility rates, fees, charges, surcharges, impact fees, water and/or wastewater 306 service, water and/or sewer pressures, water quality, all service area boundaries, and 307 otherwise. 308 309 ARTICLE FIVE - EXHIBITS ATTACHED TO THIS AGREEMENT 310 311 The Exhibits attached to this Agreement are: 312 1. Exhibit A- 313 2, Exhibit S - 9 314 3, Exhibit C - 315 "ETC," 316 317 IN WITNESS WHEREOF, the County (including the Collier County Water-Sewer 318 District) and the City hereby enter into this Interlocal Agreement - Accord and 319 Satisfaction, this day of , 2008. 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 ATTEST: CITY OF NAPLES By: BY: City Clerk Bill Barnett, Mayor Approved as to form and legal sufficiency: By: Robert D. Pritt, City Attorney ATTEST: DWIGHT E, BROCK, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: JAMES COLETTA. Chairman Approved at to form and legal sufficiency: By: Thomas C. Palmer, Assistant County Attorney 10 Appendix B Agreement for Potable Water Service Calusa Island Village (Goodland Area) 16C2 AGREEMENT FOR POTABLE WATER SERVICE CALUSA ISLAND VILLAGE (GOODLAND AREA) ~ The effective Date of this Agreement is the Cf - day of March, 2004, ii :; e ~ 0;.... -I!--- THIS AGREEMENT FOR POTABLE WATER SERVICE to be provided by the Count~:: C1 to the Development Site is between the Board of County Commissioners of Collier County, g ii!I Florida, as the Governing Body of Collier County, as the Ex-Officio Governing Body of the is I Collier County Water-Sewer District and the Goodland Water District hereinafter (the "County") ~ ... and Calusa Island Village, L.e., a Florida Limited Liability Company ("Developer"). One primary purpose of this Agreement is to contract with the Developer to grant to the Developer ten (10) years to recover some of its costs if and when other specified lot(s) or parcel(s) of land connect to the subj ect system, RECITALS WHEREAS, Developer requests the County to supply potable water to and for the Development Site (which Development Site land area is described in Exhibit "A", attached hereto); and WHEREAS, the proposed Development is in need of a supply of potable water from the County to the Development Site. The total anticipated water demand from the Development Site may not be available from the now existing Goodland water utility facilities, and these facilities may have to be rehabilitated, renewed and/or upgraded before the County can provide the total potable water demand required by the Development Site; and WHEREAS, all lots except those noted in the Chart (page 4) are grand fathered against reimbursement to Developer and each such lot has a claim to water capacity from the facilities that is superior to the reserved water rights of the Development Site, and one (I) or more of such vested lots/parcels could possibly request water service from these facilities anytime during the ten (10) year reimbursement time frame: and WHEREAS, County shall supply the subject potable water to the Development Site by purchasing potable water from the City of Marco Island pursuant to assignment to that City of a former agreement between the County and a private utility, Florida Water Services Corporation (FWSC), The City of Marco Island has recently purchased the Marco Island Utility System from FWSC and as a result the source of the subject potable water is now and is anticipated into the foreseeable future to be that City; and ~= ~S == ;:;-g :..... (...t.Jl -.. ""'" .. ~...,., ~.. --..J f: 0 CI:) .. .. c....n ~= en ...... .. - c:> :: jl!: :=0 - I: .. 8s ""'" ~! c....n _0 - ~~ ..s ~E~ =:-.. .... ... ~ - - .. ~ s= ...... - ::::= .. - ~- -- -~ -- OR: 3518 PG: 1802 16C2 WHEREAS, before the total demand of the subject potable water can be supplied by the County to the Development Site, the Capital Improvements described in Exhibit "B", Goodland Water Booster Pumping Station Upgrade - Phase I, from Greeley and Hansen, (attached hereto) may or may not have to be completed, depending of the extent, if any, that vested lots may request service and the fact that the total actual excess capacity in the existing facilities has not been quantified; and WHEREAS, Developer agrees to pay all project costs associated with design, permitting and construction of the growth components of the Capital Improvements (the component parts of which are described in Exhibit "B", attached hereto) to enable the County to provide adequate pressure, quantity and quality of potable water by improving the current facilities to meet the (increased) build-out demands of the Development Site (current and future uses), which maximum average daily demand is projected by the Developer to approximate but not exceed sixty-eight thousand three-hundred and thirty (68,330) gallons per day (GPO) and an anticipated average daily demand of 10,400 GPD for Calusa Island Village; and WHEREAS, Developer and County estimate that the projected costs of design, permitting and construction of the growth portion of these capital improvements will total approximately $173,200, and may exceed that sum, but Developer's obligation under this Agreement shall not exceed $200,000; and WHEREAS, the total, actual costs shall be advanced to the County by Developer according to the payment schedule specified herein; and WHEREAS, the total of these costs shall be adjusted as appropriate (by mutual agreement of the parties) based upon determination of the final, actual costs; and WHEREAS, if at anytime within ten (10) years from the effective date of this Agreement, any representative of any non-vested lot(s) or parcel(s), identified below in the Chart (page 4) (the legal descriptions of which are in Exhibit "C" attached hereto), applies to the County (or later possibly to the City) for any County authorization and the respective County approval will require that the respective non-vested lot or parcel will require water service from the subject water system, a pro-rata share shall be applied to each such non-vested lot or parcel of real property and the Developer shall be reimbursed by the landowner (or representatives of the landowner) prior to the County providing water service to the respective non-vested lot or non-vested parcel of land, It is possible that within the ten (10) year reimbursement time frame 2 OR: 3518 PG: 1803 16C2 the subject facilities and service area may be transferred by the County to the City by Interlocal Agreement. In that event the County shall make such transfer subject to this Agreement; and this Agreement shall to the greatest extent allowed by law shall be binding on the City during the 10 year reimbursement time frame; and WHEREAS, the applicable payment shall be determined by the future estimated average daily water demand for each non-vested lot or parcel, and shall be paid by the respective non- vested property owners directly to the Developer for the purpose of reimbursement to the Developer for such property's pro-rata hydraulic share of the Capital Improvements paid for by Developer under this Agreement. It is not anticipated that any non-vested lot/parcel will be eligible for water service from the subject utility facilities, but in the event that any non-vested lot(s)/parcel(s) listed in the Chart (which are described in Exhibit "COO) should be eligible for and require water from the subject facilities, that parcel must pay to Developer the applicable pro- rata hydraulic share of the improvements in accord with the Chart subject to adjustments determined by the final actual costs; and WHEREAS, no such County approval with regard to any non-vested lot or non-vested parcel of property shall be vested unless and until County staff is convinced that the applicable reimbursement has been received by Developer, The County shall not operate as a collection agent. Although County will administer this Agreement in good faith, the County shall not be liable to Developer or any other individual or entity in the event that any reimbursement(s) is/are not paid to Developer; and WHEREAS, no such application received by County staff after the ten (10) year anniversary of this Agreement shall require any non-vested lot or parcel of land to make any reimbursement to Developer pursuant to this Agreement; and WHEREAS, the amount of reimbursement money to be paid by each respective non- vested property shall be the total future contribution calculated on the basis of $2.53476 per gallon per day average daily water demand (based upon the estimated $ I 73,200), The amounts calculated below are estimated to be . 3 OR: 3518 PG: 1804 16C2 Chart Area / Property of the Non- Future Estimated Future Vested Lots/Parcels Average Daily Contribution for Water Demand Growth Component Calusa Island Village 10,400 gpd $ 26,361 Calusa Island Marina 18,200 gpd $ 46,133 Palm Ave. Tract 2,930 gpd $ 7,427 Future County Park 8,000 gpd $ 20,278 Moran Condos (48 units) 28,800 gpd $ 73,001 Totals 68,330 gpd $173,200 -,. Only each above-listed non-vested lot/parcel must pay to the original Developer its respective pro-rata share of the actual total costs for the subject Capital Improvements in the event that the respective non-vested lot/parcel is to have access for service from these utility facilities. The applicable pro-rata share shall be allocated to the Developer in relation to the original contribution as adjusted by mutual agreement of the parties, as appropriate, to reflect the final actual costs; and WHEREAS, the Developer shall be eligible to be reimbursed its actual expenditures for the specified items, which, as specified in this Agreement, shall not exceed $200,000; and WHEREAS, the entire Developer Site must connect to the County Water Facilities upon completion of the Project, subject to payment to the County of all then applicable charges related to water meters, tapping charges and other generally applicable charges for such service; and WHEREAS, with regard to these capital improvements, the County shall not impose any water or wastewater impact fees against the Development Site; and WHEREAS, Developer has accepted the tenns and conditions in this Agreement as part of the County's review and approval of the Developer's land use petitions. 4 OR: 3518 PG: 1805 WITNESSETH 1 t, C2. NOW, THEREFORE, the parties hereto agree as follows: 1, The above WHEREAS Clauses are incorporated herein as if set out herein, 2, The Developer agrees that the County shall design, permit, and construct the Capital Improvements to the Goodland potable water facilities as needed to upgrade the County's existing water system as described above, with the Developer funding the growth portion of said costs, and Developer agrees to connect the Development Site to the County's existing water utility system, at Developer's sole expense and at no cost to the County, 3, Pro-Rata Reimbursement to Developer for Later Phvsical Access to the Capital Improvements, Representatives regarding each non-vested lot or non- vested parcel of land, if any, that requires water service from these Capital Improvements shall be required to pay its pro-rata reimbursement to the Developer if, within (10) years from the effective date of this Agreement, a representative for one or more below-described lot(s) or parcel(s) of land then requires water service from these Capital Improvements, and at any time within this ten (10) year time frame applies to the County for any permission or approval that will require the respective lot(s) or parcel(s) of land to connect into the Capital Improvements for water service, 4, The potable water service to the lands within the Calusa Island Village ("Development Site") shall be connected to the County's potable water utility system at a connection point approved by the County, 5, Developer shall be allowed thirty (30) days to review and comment upon the reasonableness of the proposed project budget and specifications. 6, Subject to adjustments as specified, the Developer shall make a payment of the estimated amount ($173,200) to the County in exchange for the County providing potable water service at adequate pressure, fire flow, quantity and quality of water for service to the Development Site, Subject to adjustments as specified, this estimated sum of$173,200 shall be paid to the County as follows: 5 OR: 3518 PG: 1806 7, Eighty-six thousand six hundred dollars ($86,600) shall be delivere~t06 C 2 staff within thirty (30) days of execution of the Agreement by the Chairman of the Board of County Commissioners; and The remaining unpaid balance shall be delivered to staff before any Certificate of Occupancy is issued with regard to the Development Site, If the final, actual-<:osts are NOT known at that time, the second installment payment shall be $86,600, If the final costs are known at that time and total less than $173,200, Developer shall pay such smaller balance due, If the final actual costs exceed $173,200, the Developer shall pay the remaining balance up to, but not to exceed, a total of both payments of $200,000, If Developer's costs (now estimated) are less than $173,200, the difference shall be reimbursed to Developer within thirty (30) workdays after those actual costs have been finalized. Although the Developer desires that the subject potable water be available to serve the Development Site not later then October I, 2004, the County cannot make a firm promise to meet that date or meet any other estimated deadline date, However, the County will proceed in good faith to try to provide service to the Development Site as reasonably possible, To the extent that effective service can be provided to the Development Site from the now existing facilities, and subject to priority of vested lots, and notwithstanding completion of the subject capital improvements but subject to the Developer paying the applicable fees to the County as scheduled, Developer shall be allowed to make cOllllections to the subject water system and receive the concurrent applicable Certificates of Occupancy, The Developer will pay all costs associated with installation of water meters and water tapping charges by the County as applicable at the date of connection of the Development Site to the County's potable system, The County and the Developer agree that, to the greatest extent allowed by law, all the terms, covenants and conditions herein contained are and shall be binding upon their respective assigns or other transferee(s) of this Agreement, including, with regard to the County, the City of Marco Island should within the ten (10) a, b. 8, 9, 6 OR: 3518 PG: 1807 16C2 year reimbursement time frame, this system is sold to or otherwise transferred to the City of Marco Island by Interlocal Agreement. In such event the County will expressly make such Interlocal Agreement subject to this Agreement to be binding on the City to the greatest extent allowed by law, 10, If either party (successor, assign or transferee) desires to give notice or to make any tender to the other party hereto, such notice or such tender must be in writing and shall be deemed delivered when actually received by the other party via hand delivery or by delivery through the United States certified mail, return receipt requested, and addressed to the party for whom it is intended as follows: Collier County Water-Sewer District Attn. Public Utilities Administrator 3301 East Tamiami Trail, Building H Naples, FL. 34]] 2 ... ... ... ,., '" Calusa Island Village 5130 Main Street, Suite 6 New Port Richey, Florida 34652 Copy to: Leo J. Salvatori, Esq, 400] Tamiami Trail North, Suite 330 Naples, Florida 34103 Nothing herein shall be construed to prevent either party from changing above- stated place in Florida to which subsequent notice should thereafter be addressed, but no such notice of change of address shall be valid unless given in accordance with the terms of this paragraph 10, II, Failure of County or Developer to comply with any provision of this Agreement shall be sufficient basis upon which the other party may terminate this Agreement except to the extent, if any, that such failure or delay(s) have been caused by Act of God, war, strike, fire, flood, weather, lack of supplies, breakdown or shutdown of equipment, failure and capacity of transportation facilities, or any law, rule or regulation, or order or action of any court or agency of instrumentality of any government, or any other cause beyond the control or the party hereto responsible for or charged with such failure or delay, However, the nature of this Agreement requires both parties, and their successors and/or transferees, must administer this 7 OR: 3518 PG: 1808 Agreement in utmost good faith and that termination of this Agreement shalll P C 2 last resort remedy, IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective authorized offices, have caused this Agreement to be duly executed as of the day and year first above issued. .~ ~c- . I\ 1/ il , , 6..\U-. -14 - ~. { ):.,,- ' First Witness \2 ~c.-I'\" ~- U {J~ J "- c~:~~m;'d BY. , -...b (L.S,) Robert ,Re d, II, as Manager ACKNOWLEDGMENT STATE OF FLORIDA) COUNTY OF COLLIER) , fC~( The foregoing agreement was acknowledged before me this {qtr"' day of nnmary, Island Village, L.e., who is as Identification: ~2004 ~by ROBERT M, REED, II, as Manager of the rsonally /" known to me OR r '. <--....-_.~,-- MyC /,f':~., LEOJ,SAlVATOAI 1'~ ,'j MY COMMISSION' CC 967892 'l\~~28,2004 .... I r o'tl'iitK~N!K8tl Pub.\\: Ul!dIlwrneu Typed, printed or stamped name of Notary Public BOARD OF COUNTY COMMISSIONERS OF COLLI OUNTY, FLO IDA ,O.LBy: DO 8 Assistant County Attorney 9 OR: 3518 PG: 1809 16C2 OR: 3518 PG: 1810 EXHIBITS FOR CALUSA ISLAND VILLAGE AGREEMENT 1 6 C 2 Exhibit "A" - Development Site - Calusa Island Village, [Attached] Exhibit "B" - Capital Improvements, [Attached] Exhibit "C" - Legal Descriptions of the Non-Vested Lots (listed in the Chart), [Attached] 10 r 1'v'N181Be Al\1'v'no Beed } ~ E ulln~u~II.'Knlnil 1II'lll;!!HlIll'::u II ,IIIII'WII"I!lll; Iii t I I !ll! Ilj l.l E VI ~ Iii I -= % ., < F ~ ... I'''' j:111 11101 , II " 'j i' .I; II I \ \ ~. .{ 'I. ' ii \ i \:1 ~!' t .; , , i i \ ""IiI' !'.' i i i '1'1' 1'." i 1, . I , \ '\ ..:',; <! " , , ! " I Ii' ;' )1\ \ ' , \ i j. "'~',i .Ii., ... .. .. 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Vi .... .... ..., ..... .... :;. - ,., .~ N ..... ~ ...... .... N .... ..... '" .00 " <= p :.. 1..> -.l "c:l '0 ... ~ :?" 00 "< (lI! .. ...... - '-' Q s:: ~. '" '" '" <::> <::> 0 '" <:> <::> 0 0 ~ ~I c. <:> <::> 0 <::> '" '" 0 '" '" 0 Q 0 8 (1! C'l I -~i a 8-' ~ I - ::r >-j' I 01 .... "" .... .... ... .... "" .... .... .... v.t .... "" ai --J '" V> .... N ~ --J ,v.> '<> V> 00 "" - v. 00 00 00 v.> '" QWI " v. '" '" V> V. '" V. uo b '" 00 '" 0 0 I .:z :".. '0 b ...... V. -", '0 '0 <::> '0 '8 'jg ~ b ~ ~'I '0 0 <::> c '" '" Q <:> '" <::> '" c ?' 0 c c 0 0 Q <::> 0 <:> '" '" 0 N lb. 00 0..' 0 I w ^'4-uno:J . ZO'd "'11'1I ::ll-lqnd ....H3!- l LO::J '0'09:60 ~O-IO'-:t..;>D .._---.~--- -.'---- ~-,~~_._.......-,...,,-'- ,_,-~>""",----~"","-"'-'~""" . - .'------- , EXHIBIT C PAGE 1 OF 14 16C2 ..-'.... '0 I. I I , I I ' I -, ~ I 'J, ~, \ ~1 t, 1 1\ '.J.-" '1 L I , (.{ " X, \ '-., ~ -, \ (..:x. / ,'</ 'y ! " '\ \\ '1\ 'I - -.. 1\ , \. \, I:...~ ,)!' ,'; ,:::."....-..,~ L________ , I : ...... ..---,," \ l / ~ L._ ~=:COtll)G,'a\I'" ' -,-~~~~~- - <.-~?~---- - ----/7\~-'\--------.~.. ,.,;0-'\ ~\ "..,., ! ,. \( , , '. "', l "" \ \ :...,,,. \ ~\I/ ..,::~' \< \" '" I,' ~..-.,.,o_,w" ~" \" I \ Co ) I ' I " \ . \ \ S~~B::P \~, -, 1 I, ~____",",,"~_--.- L----r----, ~-- , . . , I , " ".,/ // / ,/ / \ \ C> =="=' <...> '-" ...... ClO ~,... ...." C"JI ...... ClO ...... <...> ,j \. ";04 , " I , """0(,0 I~JltID ,.....'c....."'~"".. '. ; " , , \ 'I::AL&ItA VIoLAGE r_ -' <( z (9 cr:: o 1= :::i <( :::> a cr:: o o a.. I 'i! .! ~ ! .. . I I ./ ;; CALUlIA . .wi) III\IIIIA '~'--_.~ ." /"., ...."'. ,.1.." '- .. " \~-"'-.- - -\-..' . \ FUTURE ~ . l,/ .' "'", I · ~ ..4 ..'1 ".' IIOr-WIIr ~ FL MnO "'- 2Il4-2lIlIlI c...n I of AuIIwll hI n n ..... t772 NON-VESTED LOTS - Qmcm.....: ,.u. DItAWrIrt'I: c.c& DAlE: 11 ~~I J", "'" ....-, ::~. 'if>-' 'I ~ F,"<<..~ol':H :' ~~~... ........,.__ ';'~'-"""''''''1:'''''''''',1''''~~~~''"'''~~~~ ";l!--.'y~,-~... ~ ~; . ;~ -7;.' h :~ II! ~ . i , .' .' '!.i ~ 'j ,~ ..-' ;r .. \.. p~m'y. ~":d ~. Kfr~. Dnd Oooi~-~- l'h:I~~"'t 3l"OS,W,11\IrlI"""'" JI"I\'\I. Aor'I9 !lt~ R(C 1fJ PRM D , DOC ",cO ~~~--=- .2cO.OOO .~O ~JIS IrsI~II%Ot'DU" 1!a<!. 't.b.b .11t.L dllY of" G",SlJft Dat::V 1l1b'l'\Ulrv . A.D., It.', ~i7t.W:.8n DlliL'rOtIA LillO " IIIY.p.~~,,'Z eou., a F10".1d. oorpoutlolt, haf-;o,lnd'tar cClhtrlu! to 1.11 tl\8 -at<'4Rtor;. 1IIIn4 CAIIloe,i1a VIG'tC'U I , Ii lC'!o,"l"~ ","'n~ul Ji'':t;;:tl~;li'O,dPr vha!U .IiIUlnt a4dt". ,t, t,o. 10. I a3~Gf Kfj~ler.r ;Al;It'.41.l I "lGrant\1l".. )\'~1 b.r.~nalt.r r.t.rr.d to .. tba 11___ Th.:!.t l:ha 1Ui14 au\"'lt.ot', tor: .n4 In. aonalhr.t1o~ ot the BU_ 0' Ton 0011111:. (OJ.D.Uln .1\15 othar good IlrtlS v!tlu.Jble COl'll:JidcH:etioJ'l. to it 11'\ fund pa14 a.y the u,il'l c;t&l\t...., tb.. i(QC~LPt mnG ~~!t1cl.~o~ whGrQo~ La hDr.b~ ~ckrtowl~dg.d. has ~LilrlintQd~ b!lt'lJAiner1, .old Dnd conveyooj to l:.he ..14 Gunl:.oo, itll ~GUCCOBeo~~ end .dsl~nm tor.VQr. ~n~ fol1oding d6Bcr!bed lQn~ o ~OJ.tlJat". l~ln<;l ~n.a tltl.lnoJ in th. C~ul\ty ot Collie!:" and state of ... ,.. "'" a.> .... Pl~r1da. tG-wl~t (6.8 C%I:t!FlI't -A.- A1"'rA.CH!O 9Rt'IO AND 8't U'~BIfC1f, KADS A PA1\.!It n~:REOI') ~hi. d.~d io o~oc~t~d aubjGct to ~ha following terms and c:ondi.t::ion.u 1. ~ho Or~nt.. mhall be ~eBpon81ble for tbo 4~ valorem La:eG 5~ all ~.5..G.ont.. if any, impQsed upon tho :eal property toG'ili:':.!d,i:.~ tilth th.09 usa tiSX. year. 2. 1h~ Gr~nt.e takes the prop~rty aUbject to al~ ...eaftnf6. soning end ~~~8r ,..trictions mn~ reservatIons af cGeord. ~h& 0~id Grentor does h9raby tully wa~~cn~ tha title to 8.1~ 1;,.~, ",nd I( ill defend I:ne aa.aa ags!ftGt the lawful clai.clc Qf 411 p~taOn8 ~b~~aoev.~. TO ~~V. E~D yO HDLD the premises heceiB grent.d ~nto the art,nta~, i~m auceaaeor. in f~. d",pole forGIvec-. , (.. ~n.w "ocum~f'ltlIlY SI~rt1P Tu 0/" CIIU$ "C"' Itllll~d,l)l" "'e.......o""l Pl1lptrtv Tall. COl~Nri ClERKO~ BY .,rr/I"L ..t.A and lltJ&ignD R~celved S F;e::d"M$ tl.t:" 1 il I .. - .. o , , ...\ :r , i i I "" Ie> . .'l. ~"'. .... J I PQOR QUALITY ORfGINAL It EXHIBIT C PAGE 2 OF 14 r ~ 1 I f f f ~ r 16C2 ! ! t o ::0 ~ <.TO ~ CO ...." "-" ~ CO ~ ..... I i: ~: EXHIBIT C PAGE 3 OF 14 b~ Q.i.g~ol3 In LtlS na~. !l!1 WInr.ta 11l'5JB,!)lI',. th!! G!:&ntot blls cau.cd t~u~ pccunta to b~ Lt.1l1 &utbo-,:i&.11 offleet'd a~d Its co~~~~~. .aol to ~ ~~fiK.a th. d.y &n~ yeat ~hove wcl~~_n. ~G~~. .,.al~a and d~'lv.r~d llv;~)i:u. ~ , </ ~-,---- I\~ ...llii.l!' r1o},... Ei'1"IV:S 06' r!.ORIOA .0, PaL'rOIIA (.UO . 11l'iu'lliUlft COb.'. B~ . CCt!N~1 OF oU! AT'l'lltl . D_Qr.~llry' I, I,.,r. . />t~..~.~~<..- COl'porat.1I "..". I I!SS.e:B:t' CER'l!IPY that on thi. ~ dAY of t'dn:uarf , ~.n., 1938. bcfo'c me pergon.o.llY appeared I3AI\LZ D. COll'i:RIGft, J,R. and RIl.:EI!'.L.L!. R. GAR~n:a, pC"l!lldent ."d CDrpo::a.te ::..~cr.t.rYI rtt~peetively, of D~LTO~A ~~RD , lYV!STHtNT CORP., . r~orlda CDrgoc~tion, to me known to t;Q th.e plIlc.:onlJ ....ho, algn.d tha fOr.Cl.goi:1'i- instl::ullI(!n'C:. e,a su.ch offlcl!!I"Ce- e!'ld ackrlClvledged the execution tb"reof t.o be tbeir ft:ee aet8 and "'1Il,=da all ftueh. oftic~~B for tho PU~PQS8. therein aent10ntid b~ t~~t they atfixcd tb.,reto thtll officiC!~ soa! of said corporation, ll.:td t.hat. th.e lIa.id inatcument 18 ~he act and dae4 of Ba.id ~ocpor3tion. WI~~E9S my G1~nGtu:e and official aelll at. Miami, in the count.y a!: Dade And sta.te of Pl0tid4r tho d.~ aod YI~t laat afore-sai.d. , \~llo.h ~'n~i\I<k-J}:';~<~"~'; , Notuy E'U fe, tate of. l'~Qt:1~.: ! ~ at Large .. ,:, ' .""'-. .....1..'.... .gil"MUIH.lTfrlflUfW, '-'(IIIlI1IHcllU'.rUJl,LUI ."'~ ...~ ItCUIl, IU. ~Il. 1 16C? v~.;:'~ 1 " ~ . ~ l ! ,..,. c::> ::<:I ~ c...n '"<:J G":l ..... CO ..... .' c...n ....:,.;,. . .: .,'.'. .~ "",;;,,'~:.'"'~:'~"'-';'''''~?~'~:'.' > ....-, ,,:.;.,<:,.. '",":'-.:" :', t'Y COcMis8ioh e~plr~nc ~ POOR QUALITY ORIGINAL ~ f-s..~:;;;..:'tA';;':~-':"'''%'~i'~~~~~i;;;;"..,,,,,,,,,--d''''''''''''''''~.:iiii.,.., .lit' 'H i >>1 ij~tf" ~' ' ' , ~ . .,.." .l1ft1!8S' F9i&, f '!ft '~ ~ J, ;~ :, ~ " ,~ 'l>o! *-: i~, I . . .:;;..;.~..,.'... .."..~/'-;""";,,,,,,"""~" .'-':-:;~ .. .~-'" . ....... .' ~,~. EXHI.J3IT C " PAGE 4 OF 14 . - -~ ." .. :y':~~~( .~' . J t ~ ~ ,~ >l f~ ~ ~;} ~;'.l ',1 '~ ~ ~ ! :1 ':.\' ~IHt!1 UIt_ .~. " U1lIlilU' "&os .k.Q'UL a.ie:u 19tL.~ gnstS ... ~J.!',.aR~e ~lam:.~PQ."loa_ult lite A. :;ut.'tlJd of lend, l.:t'ln, lr. 5nd ;'81n~ ~ut Q~ Un "tet at _A.1lCD . B!!M;;t ~H1T 31/C.ntJtl 1I0C<l.!.di.hlJ ~Q t.ll. plat I:.t\u.ot .. r.oot..4 in . ~I,.t... &a-ok 6. 'I.,..s 11;::. tIH.:.t1.l9ft: 118 cr. tht! .",blLl! "_01114. or: CilUhr COU..;\t~1 .rlcE~d", IIrt4 put 0' tn. p~..t:. of nA.kCO OIA-ell UM.11 ':~'~U'l'li!:, 6,,::,p-")ft:.1Aij! tG t.ha "tat thu..of .1 l~oord.4 1n 'Jat. I~k 1- :0.. "G1Jliltl t~~-' t.tu:olJ.jh 10-A of th. t'Ubl:i.O hClorlta of coilLeI' coun\:.~, Vlllot l~n, b-G In',f I:l.ore ~ut1c:uhcl!, d.ur: lba4 .. followal ~IQlS ~t th. ~al'th.&.t ~ocn~t of ~.ctlon 24, ~ovn.hl, !1 'o~tn, Ril.n=jtf as J9.at, ColUwi: County, llod6ar add can.' bdng on. tll_ Sl:l.Qt.el;ly pi.;.!;'; bo~t,Rlhry 0': a:loT...ld MUCCI ...at'! unit, U'It-toen, t.bl!Jl\e~ tUn ~lcri'.. CHILd I!:D.c~rly Jil1Jlt bO\ln4U~. jC~.2Q'.":!:-1 a di.Dt~~COil~~:12.11 h.t, t.tl.rlca 1.....1ng ca1c.1 I..tcrly ph,t boundlllr.:y s.~' aJ'U.~ n dl.t.Ak'\l;:It. of 691,JO f..t to An int,uuct'ton It,';..t:n t.t:.o: l:I> ,1'11 pla~ boun41t'Y of"' ..ld Unit &.let.e.n.. th.n.~' i<lon.'iI l:."i~ a<:l~t.b...r:lr plllt bO'JndAt~ run 1111"16' 21'M' & ahtllnelll ot l~..~l f~~tl thoner, haying ..U, Soulhltfly p....t boun4e\~1" J:\Jn tilOSO.43.I....1lOlllf 11 15illt:.:.r..~o o~ '03.'3 fo..tl thanen 1'127.'22''''-. ~ 6J,..I:,anc9 of. S~!S.61 (tietl thonc. t;31-12'5Q-S a dht.anctl of :U.1Q f'eet, t~o:U:!I !:U.9"SJ'02-S /iI. dlllt.nce of 25.20 f.G~1 t.h.nc~ l;:IeOolJ4'll-olZ 0. 41.t.i1:lc. of 16.65 toett thonce BS..O!if '2101& '" ~ll1t.tLe.~ ot" !e.5~ Co.t.,. thonc. 83'.01.'1'.. a l!llllt.ance of 1.4.51 te..,t, thllnl;:Ct 8.33....8141". & 4i..tllftce of 10",.B8 'teat., t.hence MOll:<i~'l\i3.E It. d!.:lt.r.ee of 139.':iB f.,.t, thence IIOS-:t.l'2l?W.K ~l.t.lmc~ .'of 907..'7.1 h.t.~ th2lncel'-S81"Ol 'U.W a dUtanc8 of" 27.85 feot, ~ thi6ft.c& . 9B9'2:2 '30"'11I a. 4iJtanee of ~.9.9Q r.et, ttience SQ!"U'Oa"'w a dl.ia:'ica' of 27.08 foet, tll"'nco N8('S4.'lO"H a ~i~t:~ne~ of ;n.20 fUlt.1 t;h':'nc.~N79-"':!'5a-w l:L dhtllna. of 30.86 .let-cta thoncl2t 'N8~'1:l'2.8.14' 11 ,Uattlnc4 o~ 32.30 feet. t:hence "1&"~1'21"1f a 41.t.lllnce of 17....1 feet, thence 1177'20'07." 8 dJ.stl:lnao of 37.95 foet.I thonc. 1i167"J1'59"fII a diat.&l\ce.of 52.09 fSlet., thr.:nc. U'63.3111S'1f a dietanee of 35.5& fe.t. then.ce t55l.43'36~i4 c dht!-nce of 30.5& 'feet, thence H4rOQ'lg.if . Ql.tlt~nac;J of 24.&J.'---hetl thencft NU.3L' 5"Wi( a dlata,nc. of l5l!J.60' f:C1"'~ to an int..hectlon vit.h the .Southoi:ly aight of Way r,'ln" of at.to Road .No. 92-A. (lOG'" wide R1qht of Way) .a 'Down on :l~c:naid ple.t. of Ma'l:cO Beach Dnit rw.nt:,., tn..nce run. the fOllowinG ~eou't... along: eddi ltoutherlY Riqht. Q'f Way Line, 54,5.03;' "1";:: ./I. dhtll.nc. of lB6.66 teet to a point of curvature of a clreu16C curv., ~cQneave to the Ror:th...t ~nd having & ra4iua ot ~65.ll f~.tf thonce 8outh....terly a~Oftg the ,arc of .aLa curve thtoW;h a central &nqle of Il')ClJQ- an arc di.tanee of 280.11 !~2:' to the point of tangency} thanee 968'37'1)9.-. . 4UUnceof 110.'1 (.Q~ to the B..t.~lY ~la\ boundar~ o~ .toresaia Marco Bl!cen UI~1t shu.n, .dd plat:. bl)undaty a1.0 btin; tne Ialtedy lipe of s.etlon 13 of afo~ey~ld ~cwn.b!p.52 south, Range 25 ~a5t:., Colll~r countfr Ploc14a, tbenQe 905420.'3-. alonq s.1~ ~~8tu~ly plat bounda!~ and ..ct!on line _ dlatane. of 1293.51 foa~ tD th. ~olnt ot B~glr~lng. Cont&lnln~ 1~.02 ~cr'., a~'o or 1e'.. 1l<<"'l!i~"''''I'\',.I~ '" O'"'c."" Co ~,,rJ. '" ~~A~I[~ cou1n,. FL.Ol!IO", ,L..CC.flC:t,r.uWC _,_,,~., ........_,..,.:-:-._.-r.."_<"'_..~.....~.~O:-:-"':"~=c........-..""...~ ':':"~'I:~' ~ POOR QUALITY ORIGINAL 11 16C2 i I , f t C> ::0 I '-'> <.rI ~ ! CO '"'" ~ ~ ~ CO ,~ cr. .:l 5;. " ~ l\.. ~ EXHIBIT C PAGE 5 OF 14 Thi.1n8t~t prepared by. J;lAVW C. B~BAU .sD:ut r. B6uRG~, P.A. 2375 ,.......ii.... '1'i1aU JI., Suite 308 Ilapl... Plori!!_ 34103 2711140 01: 2741 PG: 0874 _II ...IUIl_ of CIWII_, Ii 1I/"J2Ilt ot ..:s~ III., I. -,CIIIl - !15111.. .. It.. .'.11 lfll.. SIll. 11Ift mu J lIIma mi. Property Appraisers Parcel Identification Nwaber: f/1f.1'7j9~ov-=>:,>- IIllRRlINTY DBED DIS 1IIlRR.'\If'n' DBID ~de this 31." day of oernhar. .2000, by tIftrV\"...un. pr.. .. lflW'ida &!lr.I~A~itm_ hereinafter called the Gr.aDtor, to DaTMWD D~a L.L.C__ an Jl1fftoi. Li.t~~d Liahility Cnrniwonv - whose pa.t: of'fiee address is ,"55 Center Road~ Frankfurt, IL 60..3, bereinafter called tbe Grantee: WI'lDBII8TII: That tbe Grantor, for aDd in COII8idenltion of the ewa of $10.00 and other valuable coneideratione, receipt whereof is bereby aclalDvledged, hereby gxants, bargaill8, sells, aliens, ~8eB. releases, cOIlve:rs and confirms unto the Grantee all t.bat celC'tain lmI4 situate :In Collier CO\ltlty, State of Florida, viz, SD IlXIIIBlT . A. AT'l'ACIfBl) HBRITO AIlD IIfCOUOItATIlD IiBllBIN S'ub:lei;t to zaniDg. b~lcl1Jlg code and other restrictiOll8 i1llpOll.,s by goy_tal authoz'ity. outstudiDg oil, gas and IIIiI1abl im:_ta of re.,ord, if any, reatrictions and e8!l8l!l8llta conam to the subdivision, and ali valorem real ProPtrty taxa accruing nIls&queIlt to Decnber 31, 1999. 10.-...... with.ll tllD_C., h.r.dic...."t.s and appurtenances thereto he10ngiDg o:r: in anywise appertaining. TO BAW AIIID TO BOLD, the _ in f.. si1llple forever. JlJID the Grantor bereby covenants with sdd GZ'lIDtee that the G:t:aneora is lawfully ae1zed of aaid land :In fee silllple: that tbe Grant.or baa good right and lawful authority to sell and convey said laDd, aDd h8:r:eby w.rranta ~e Citl. "0 ..id land and will defend tbe - agunst the lawful cl.ims of all persona whOllllloever; and t.hat ..id land ie frea of all encumbrances, except taxes accruing sUliHqwmt to Decemb.r 31, 1999. ~ POOR QUALITY ORIGINAL 'f 16C2 C> ::<:I ~ <..:n - 00 - 00 - -..) llXH!BIT C PAGE 6 OF 14 16C? OR: 2741 PG: 0875 IN IfITllBSS IfHl!REOP, the said Grantor has signed and sealed these prennts the day and yea:r first above written. ce of. Me.< llame GOODLNID, life.. a i'lorida oo~oration, :. /" ,,( - BY. .. ,'.___ J.B.'CUrcie, as its Pnosident p.o. eOX': 12& Gocdlarid. Plorida !4140 Post Office Addfess (Corporate Seal) ~ ::>t:' STATB OP FLORIDA COlDJ1'Y OP COLLIBR ~ c..n ..- co ..." c;::. The foregoing ~r:ument was ICJcnowledged befwe me this ~/ day of ,?e. ", , 2000, Ily J.B. CUrcie, as Preaident of GClODLiIHD, INC., a J'lorida corpontion, who iB~onally kn~ to _ or who has p1'Oduc8d - - _..._ _as identification. ..- co ..- co (seal) '" ;.-- - ~~------ 1Io~~li" SigJl;lture " L 4. /"'..MfW~ Not~ Public Printed Name My clllllllliadon expirea. Q) -.... Ift_,.~ -'..- . ,_.._~- II POOR QUALITY ORIGINAL' p EXHIBIT C PAGE 7 OF 14 lSC2 tit 01: 2741 PG: 0876 *** EXHIBrr"A" " TD 1111.( Ctulllin rr:./ prcpeh, Sult4fe.1yiltg CIlld l1~ilrg i'l d,~ UUnO' "/ColIiCl'. Slfllc .f F1-. iIo:rib_ afOlU'VI' = ::c:t The uplandportiOll ofapan:eloflaud lyi!lgill Traca2. ofBloc:k "Y", GOODLQID ISLES,ll5 recorded In Plat Book 6, Page 7, Public Records of Collier County, Florida. ~ <...n ~ ex> '"Cl c;"JI Beginni"B at tbe SClUlI.:ast Comer ofLol24, GOODLANJ) ISLBS, FJRST ADDmON, IS nlCorded ill PIal Book 8, Page I. oflhe.Publiekeconfs of CoDierCoUllty, Flodcla; 1henee South 16 dest=S 06'17" Weit 64.00 filet to the poiatof CUIVattue of a cUcuIer curve ~~'Io the ~haviug a radius ofso.oo feet;; 'I1Iela aIoag die an: of sai4 carve 10 die risht for a distmCe of23.21 feet rl:uu a CCIltIaI iqgJe 0126 ~Ihot 35'42"; Theaco SOlJIh IS depes'44'47"East27,18t=; 'I'he:oco SOllth 16 depes06'1'1" West 94.03 ht; 1)encc'Soath 55 cIeerees 3S'2]'!' Easl216.47 feet; Theuce NorIh 16 de&n:es 06'11" &st29SA3 _ to the plIiat of eunatLliD ofa cU=Iar curve _ve 101he SoudlMst baYiD&a mdlus of 100.00 feec; Thcucealoq the IlC of ~ carveto bId filr. distance on'I.41 feel ~a ~ lIIIgIe 01104 degiees 00'00"; lbenc:e North 87 degrees 5]'43" West 117.28 feet; TheuceSouth 02 cIefI'eCS06'I7" West 95.00 feelto the ~of~ , ~ ex> ~ y:) . . POOR QUALITY ORIGINAL __ Con.... 1104, 1Ii!i'U. ........ fL >>IS1 ...1iliIiilIc:M......... .vi,...... _.., - ... CHtnt A...... ...,..., PI. 1I1IH1I4 '-Itt......... ...........-..- lfWIIII .......... 1828 OR BOOIl OD 1115 ... iii . If _,. .,"1..M..C.........4_I.... r.. tlt:tl.... I' K'" ::..i'lIt.....'. PrMrtJ'T.. ~liIIlXI...ll(1:Un ~GD' '" .c. Wiiif.......'-*___.. __...... .... ..._.._..,.-..~~--......... .".. Jallnlun. _.... 12'" .. ., AlrI1. AA ,..,. ..... t..atce I. .turali.. li""o...".,. .(JJIlI..., Qbto ,,,", .....JhC.-c_ Ittu...... llarln.. IRe. ""c...tJ'tII' eon...,. .ta*"li n...tda .....,........11 c/D 1h Ir,_ It. Ionl.. .rfdge. noo Stlt. Id'. 12. IoodlllM. R. 33931 . ,..,.:r "'.........plIf'C. .1"'-4 ............_ <{"'Jlm_"""''''_''._~ i.a... QOJ1OO._..~_..._"""":'-"'(Sla.OO).ww-....____._..___...__,,*_,,~ to hi. ....,,...........,.., ".....JIIIr\...NIl(tI.vlillwfCl.........L.. ~ ... __..............._ .,.__1........__.. ....,.,......w~.........,......Qiqo", ~1"U' ....." "aria . .....~ !! I II As c[lIulkd 4n eli, alt.clle4 E"d'btt -4- Th. pra,ert>>, '''CI''~blHl In fmttltt ""-. b. c~rc:lal proplt't,. ... ltu:hd.:lllI .11 dpllt'Yft .. ~ lad 't'iI'b .! wWa1I Orablr ... ........ ... ... - ..""""""_, ""'IfnA_'" _~_..........._......_ ..--",--.,..--, l11I......lllIIl!mf, ...__, ,,"jhf,.,.Ia' _. ... ..... -- ....""'_IH__ fIjE-:-...."""..... .,'" ~.. 6-.....v~_ ., -- ~...~ .JIL,\Il' Lan... t........ 01 .4ITII ... ---.-- -- ... .-..- .-- ...-......... ...... ....-- .-- W^'"'_ Ohio cotllfn'O," IJ1" lAD. x --' Ih""'" a.cIraal..lld...................."....... t..-hWtW.,t'M....~, ........ m.~"'''''''' t. _ft _......... . .. .. .............""'u............_.~""........-w..~(,.IrorrMat,..................._...~ ,~...""II;".O"~I,,I:N'.,.......~"---.,...-....u-...dl.~......-...J...Ji!.!! trlv,...', ,.fIK..... ~rc._l1.....ta_ ....1.,.10"..."". ...M_....~MI:I"'- ~. ---- ~ .....f..........."""........_,..........,. i ti!~~~ --- . , -.. r Wl' ,~..~-":;....... ...........,.,.."'......,,-,::,.. - EXHIBIT C PAGE 8 OF 14 16C2 c::> :::0 "-> <J> ~ OC> ~ OC> ...... c:> , 'I POOR QUALITY ORIGINAL ~'I".^" .... 1IDlU"lde' .. 1\&11' 11/2) J...ater..t: in ..". to tile fr>>lDWing -=1W ~~ ,.....,.........1 'I'hft "'C.-I fUIO:lI_"'~, -- _ pbt:.. -.... Qu I. ~Ifn:..... :w"t.::a_.._. .r ... :=J: .....-tr c:aUI.C!C" t'lnatJ.....LCa. ~t.,.. ..A _t. ..-r. .... I.... ..... ItA undiv1d.4 CIIbI Ju.lr f~/21 iftt!in.~ in cnrl to the tallovlnlj <<"C'rtbetl pq.r:ty. =.~""'~'~:rr.:.L "'c:::...-.,;:...' ,............. ar:: ,... _. Claus........ ....u. ...... . . " "'J._. ,...."t>I: ~1J'b11_t:.tlIo _ca.uaIClbh lIIe..,.......sa..dIooIu..'-IIl'n............. ...~ ...... . put. ., ..-b.... ...-....w .. ....... =lI..~ -==="-=-r-~.:;.=:.:= ... ~. b ....a.... .. ..... =~':.:::':" .:~&a;::: ~~= Ur ~.... asra.'u. w. .a.., ..u. -"'..... 1!Ior..... hn.... ~~Wi..""" .._an~ ..,.....-. U. .. ..... ........ .... _ ....._ _ * ... ..... 'a 11." hl..~ "'" . ,.... .. \It III'IiII'Jm .. us..,..... ,,-- .... R. ....."...... ..... .......... ~~l:~"U:.r:.::=::. -:=:. ~~.;.. r.... '0 -".caa ,.... ClIo. .... all' ~........, .Id.... I __IlK-...... _ ..." ............ __ _ lira ft"'Wolf" ". ,. uo roo.. to . pM"" Oft ... "'........ ........-, u.... ..,., ..u -.u ......... "I ""'- nil" .."..... ow. d..,....s.f; ~.l'....,. u... f. U. ..............c .1Ie.......... .._............ ...1>uII......... .... .,........ -. .r-. ..u dt~... UM IM'1Uo.11 hll1.l .1, ~ ilia" fpp...r II". lilt&' ..0 bill: _.-.. __ "",,.. __a -=-p c.-. _ dla -.... u.. .. ::~:::l.==:'"=..r::-.:;:..l~-= lac' ua.u ,..'- ... ........ u.. ....... foIItl .... ..,.... __.__-Iea'U......tI............1'"4l..,..... ,.,alhI. 04.. ..W ....lta...,....., lb. .. .".. .... .. " tw JU.1I .r..., do..... __.. "Uon-.. ....'U .... _ . ,.-., .r 1IoIfbN'..- _ ..u ..... .... .........,.., ~he. ............, I.'S _. , ~ ~=-~ ~a:.=. -=v::~-;== =~.t::'7~ " _t.t.. Cd... ...,.. ..,. lnI ... . ......... ts 1.1IdaIh,.. IN .n......... .... "".~ -.w'._ ...u., "I"'~.U__. ioU IY...~ ...,............. ..""..I......,. r. .. rawu. CMt =::I~:a:~~:::,:r::.:., ~::n:r:;:;.:;. a.::.:-. .....~ ~~~ ~,. ';"'.. .t'"'::" ......-_. . ~ i .. .. Oft 16L2 EXHIBIT C PAGE 9 OF 14 ~ POOR QUALITY ORIGINAL C> :::o:::t c...> ...... ~ CX> '"0 C':l ~ CX> ....... ~ , i '" ... r--~"-"" r. f' ",:~Gtr.; ',!iiM<. r . :"".,,", ".....; i, ' ... ... .. . ~....- -----/----. III.... _ .... ......... C.I1ttr II". ~ r.'.... fl 3*1 IIbL .1~.4.. ""... I. _It. - ...~lltt. ~ """,: n _..... OOlln PA8E -.c.ttll'foU!lil'.Ml~~Ilt"J5:t...r.. ~tf"~lI r-::i: :1....C" IIILI'lfIt If ~_.I""'<<tr". ~r.t'-".~.orlP-(1 11((. 1III'iIirICd......~.oo ~.-:.-_ __9./ . ........,......~ DUll - _....___ ... 1I;ft_=l::"..:::uv~--=1II:1l=-- ~~. J&4e ,.,. 12t" .. Iff Aprn, .&.D. u'J . ....... 0IItI:Ii'"." Lynn Rowan E11l" .,.,~.. Coll1... ,.....-tf ftortd. .JIM'\' ""',/tItI"",.u ~""III.tllc:.. .,...." CllIllt,r .......... ftrrld. .........,....w..." e10 Tlt II.,. It ;oocn.nd 8rlll;l, 3101 St.tlltcl~ 91. toH'IaI'llI. FL 3SUt'" pIri, "'....... pII~L ~,~-~rtr..m-!_!.~-~.~!.;.~!~_~-!_~;;;;.;: .... 10_........._....'11.._........-_,,_-._ III ....... ~ ad,..,.... ""'..... ".......,.. it. w...., ...,~. "" ,........,.... ........,....c:..r,ff/ Coltter ....'" 'lor141, - ........... ....---.....~ ft . . !!! i I .S dB.c;rtbed Oft attllltfl.d Elh1btt. .". the pnspwtJ .lScr1btcl in [Ilhfllit -,,- fs CDIaI'C:,.l IlI"GPII'l)'. - IlAjct Ito ........t..ftUllUN.U#U.... r..trtcU.. of tllCllr4 hd nal _tat. ~ f... ~1Ia ,..C 1"3 au. .....MtUflI ,.... Ial:!tcUDI _11 r..'I'.I&a .ad 1ft.... 1aalI 'I'1&hu of 'IIIWIb Cint\t91' b ..Iud. ... ... ... ... _iii"'".., .,..._.....u___..................._ ...--.......-.,..-- 18_ EIIIIaIL 2fN-'I,m, vIMjfn,,.Uu ......... bt idlI ..... lIi....al...i-__ --... ...._'" ~ I .:1r'''h'''iJ IlIiIIiIt Lv... a.T... Jl~- .,"" 1Iri. A'fllt ..,1t., FL 311. --..- -- ._,,- -- -- --... """IIiI .....-- -- . ""'tII-J:.,...tola ~. _ _._J 1....c.er,;u.I_......~..........,Ibl.r..ll'Mfuo4 ClGMr_-.Collffl' --J u.........,.........fII "fr wi ...-..Ib'lIfP:ald ....._.ll". n.lf'>V ....________" "-...,aa.lltr-ua_.4.:.:ribtr...,d.~~IolItr..OHaI,.~IIoAn_U..i-1lt1! ClPIkf........aboLl......._h~'--"""'~......_N,.....,......t.:.a:t:.- Jo..... ."., L'.-"._~r'_. ""..IhI.....r-.c---J...... ___,...,.. ----- Wl'-..,.""/IOI.....mrtolIfll..,..CrIofttoOI"""'INlIoI..l.....o.iIlh~ . .~ "-:t :::a '-'-> <..n ~ , .... - CO ~ ~ ~ POOR QUALllY ORIGINAL ~ KIRDII'r -AfJ An JIftd...l'V~ .. half (l/ll fr,tMcult:. ill and m UD fol1owulll .deBCribGd ~~.. . .. r.. 20M"', OC ~ -r_ ~ -- "K;;::..... - .... ... .. filiI: .. n-....a ... fa. . ... 111 .... U.1tId.~. .. u. ...,Cij ~ C.lllU ~_rlorill.. ~['1Aw I.U aan.. _~." 1.... .... l\n. \UdivUacl OM half nil) blt.arut ill .aNI ~ t.ha Co11owlJ't11 dl!.~i.bed proput.y.. =r.,-=:.f' ~.:L ~ ~:'~Il. ,......lII.....3r::~"". _...... ....utu..... . _ .. ..ht. _.-nd.r lMiI:lP&I._..... "'.... .u.u. ........ . III Mnll. U. IWMlIlIf II ..... ..... .. "t. ~ .. pit ., .."I.... --.1" lit........ I :trfJ}kIl,:,-:==-~t.:~~.~C' I u........, b lit...... ..u-. ".......~............_.lOHn ....---. t_ Jf.~:1::a~.':1:; :::!::; :.:~:=~: I "" t:a ...... ~ lilt". ............ tM .........1,. 11"''''~'''' 111 .......... ... ..... ....un. .. ____......"... ~........_..........u.. .. .."" n", ..... ... .. l'PU.... .. ....... ..u ___ 1.1.., _1I....t hR..........., III" """,.....t..a.. . I aU~, __ ....lUIlf.. t..._ .wI" lIn.'" ::.. "'.:.=':::::- ':'':: ~'':::''=.1''o~r , ;i~.:,I~:"",:::=:, ;I~'::'~""'~~;::'w. l "'..., ..w ri9II.....~ u.. ,... St. h.. _ .. ,.s.. ... .~........ ~...~-' ...............,~ =-:='Wii.-=':J.r~':;m'.=':: ::;~:-..I _M'IIl'*.............._Ule.....1lIdf u.. III' a,oW ...... ....... '" IIU' ....... tII 0... .... un IMP' .uh..... ...... _ dIo1 _.... In u,." ''" ....... IUII_. ,......, __ -..u._ ::r~~d":.:= =:'~"':;11.: ....:: :.J""..:-:r c. ,. n..ll ,..., tlIII... ftJl t. I."U'U. .. .. l" hell .. "'" toI.." IoIIt&NIUf _ ..u..... ..... .....r__ :J_. .__lII..,I.U_ :-t::Ir= :}-:.:. -=r'::-:~='::Ct:::-~ it .....\IJlII. ..hall ....... ... ,. -" . ,-""", .. 'WI ad". ,. _......... IUII"I\ .. HIIO\b, ..-... -- ...U.t tn-..br ~ ioU ..,ul.... fIll"ldMM ~.,.... ,. 01 rbri... laet =.:::~~:.==- -==::.~ :;.~ c.:::.:..... "". allot tba &1lt::f.J:8' pu'wl dltlfCl"lhod .. fDll~.1 :;- . L-.__ lit. __.. dIe..c 'lIe II' MUGai 1:Jl..%wMu'p ~..... . a.&. *'"'* ....,. 'heWII, " r 11I'.* lSU-1 h.. fig Ib ........ __.. 1M""! R~ a .. 1"'" V J,a._..... ........ ae.- ......11. U". ...iII.............. ........_,l..V*......to II ~ ...-,............ "..11 ".. ... tIMft_ ! it :lD". lUI." Ian. . ,.111, ....... ttt'ft. .... w c~~i:J-.;~~'t. -.::.-: f:I-I.f-I;..nr::::. l" _,...lIM ........... .A,.... h. ph. eM ,-, -- .r _ Na. ., . .............. "1'11 ....AClI. II' W sr'IID.. r.a ... ~~I"" l\ICdMIrl.J' ctatK.e("WI .. ,d' .... tll Mal .. .. IllIt t.... ........ ....rn.. Ad ..... ...rW ... . ........ ~, -.m . ..,... CII'. . ~.. ~1.....1t. u' 10" _1I.D Ie. 'le .. "flnA&l __.M .... II 1I'"t ... .. 1M. ... If .......d.... tIl.ne. ;!RtLA... 11$' t!I 10 $.... ..... r.n: ... ...._. ...._ '.12'.'.' 10"" ,.CiIII.! t;O tU _Adl.. ~r....., .. ..w ...... '''0.0 c... . '~"I ........1..411' sr 8m.t tau. M'."Sn& _ the ........, .~""'..I ..,., .... .....lIc. _n. ""I ...... If.,. 11' Jr, alWof 1IdlI--..n,. d.....,...., ........q :'.'.~:: "Ia~ at au-tuI4io ..... "nUl...... .....'.. ...... / !il I - EXHIBIT PAGE 11 16C2 .. I .. .. C> ... ::>ct - ~ U"I ....... ClO ..." G":l ....... ClO ....... ~ .... ..-::'~11 ~~.. +'. .. h .: ~ h: '" _ , -0 .. C OF 14 t ~I POOR aUALlTY ORIGINAL Lte: 2/20/2004 Time: 11:02 AM To: Page: 003-005 @ 6490158 IMAGEOl FL-04-3874-2 02/20/2004 11:00:11am PROJECT: ~~ FOLIO: "",--..1 2924999 01: 2972 PG: 2957 _..IIfttIU,_........,,, 1I/l1/lIItIt II'__L _._ - _.M ... II.. ....11 InllAl - I,M 11II: WARIWm'DEEIl:'.::-' 11III_ THIS WAARANTY DEED 10 .- 11II1 ~ day of ,1JI."1lM.~ , 2002, by IJOUlIIN COVI u.va~ OF GOOIIUND, INC., . JIIai1do ..._....., ...... paol- _II P.O, Box 158. N..... -. FIoIIda, 341481"_ - 10 .. "GIIIIllII1, 10 COWIII COUNI"Y. . ........1IUb...... "'tho ... 01 FIorIdo. ill ~. ~ end ..., ...... pclII aIIIoIldolNu II 3301 TIlNIni TIM EuI, NIpIoo, FTorlda, 34112 ("""""_10.. "GIIIIIH"), (W'*-< - _n tho ...... 'GranIor"1IId 'GnInIIo'Inclld. II... poMo to lhIo _. end...., -IfT_ hoInt, .~, _ra end 1IIIgnL) WITNESSETH: Tho! IIlI Gr....., lor ond In _ 01 1110 I.m 01 Ton DoIIora ('10,00) ond OIIlor ..._ ""__, ~ __ Is IIIIIby -IIdQId, hIroby gIIIIIo, 1lIr;ol.., ..... ..... .......... _, COfWIyIIrId --.'*>... a"-.III tho! cortoln Iond _In ColIIJ CollnIy. F1orIdo. 10 wit _ Attac:Ilod Elohlbh W which i111n""'-'1CI_ln by_. 5\lbIIOI1o ....__""..._you ond_. _-.......__01_, THIS IS NOT HOMESTEAD PROPERTY TOGe1t1EII willi .._-...mo. h_ and """.__ ........ bIklolQlng or In...,- ~ing. TOGETHER willi III rigtolo or porrnII 10 Iluld _ or riQhill 10 _ 01 IlII>meI;Id ..... or _ to..1ImIlVod _1IlII_ """,, _10, _10 or... ""'.lOo.ll.d In ony ..y wtll1 al1llllor'l pOlpllly or...... dovoIap" IlftlI*Ir 1IIllI.. - ~""'IIII/ng """'. -.g.. or ""'.-.:1 In ony woy wNh'" ptQpeIty _ ................. III~, TO HAVE AND TO HOLO III ......In t.. oi\"4llO _, AND tho _ hI..tIy __ _ _ GnInIIo thol.. _ Iolloolully _ 01 uId _In lH IImpII; 11IoI.. a_ .... gaad .........-... d\aoIIy.. 0II1IId _ _ Iond; IIIoII1l1 a_....", lolly __ tho ..... _ Iond _..._..........11I __01" ____; IIIllIlhoI _lend 1o_"'..__UCIp\___, DOlPHIN COVE DEVElOPMENT OF GOOIlt.AND, INC"._ COlplIIIIIan ~ ",. .; BY: c..L'l~'.,' . (!..'...:...... --,- P,O,lIOlllH -_,_341" 'JIIII ceM:'", 51! It' .. =rer c:" .-w. ~:tD..... . .......-.::. rr..... ua.. EXHIBIT c 1416 C2 PAGE 12 OF pa.ge 1 of 3 C> :::a - - ~ <.rI ....... 00 ....... 00 ........ ~ ~ I POOR QUALITY ORIGINAL 'I lte: 2/20/2004 Time: 11:02 AM To: Page: 004-005 @ 6490158 - IMAGEDl FL-04-.J874-2 02/20/2004 11:OD:llam OR: 2972 PG: 2968 STATE OF ....u COUNTY OF c...fJ..~_ ThIl larwgoIng WIIIJMIy Coed WU Idcnollll'dgld ...,... me lIllI ...1L day 01 ---..... V 2002, by NICOlE GIHIC, 1'NIIcIInl, OIl _ ~ o..~mon\oI Goodlond, Inc., a _ corporatan, ~_lomeClo wIla'" produced a. ~,_.>----___,_ 1_ nalarlaI..aQ r2P ~~ (8 reol NalaIy~l (5 "'~oc..... .......- .....,...,....~ IPr1nI_oI-.y PubIlaI NOTARY P\JIl.IC SattaIICammIaII. ; "any My~ElqJIrat< -rt 1110 'i I t'l ""','"'''' . (1-- . I ~. ..~ "'Ult CIIuIu I~l......) -- EXHIBIT C PAGE 13 OF 14 Page 2 of 3 16C2 C> :=0 c...> U"I ....... ex> '"d ~ ....... 00 ....., U"I POOR QUALITY ORIGINAL ..--..'-'....__.,--~_..__. ~,.'.~,.,.._---~~_.,,---~_.,^' Lte: 2/20/2004 Time: 11:02 AM To: Page: 005-005 (;l 6490158 EXHIBIT C PAGE 14 OF 14 IMAGEDl FL-04-3874-2 02/20/2004 11:00:11~ PaS8 3 of 3 16C2 I ttt OR: 2972 PG: 296' ttt &xIIIBIT "A" A pneI of..... bolns I por\iaD of TIKI I. ulbown OIl bllt DOli pon of the PIal of OoocIoad IIIea Soooad Addi1lon. u TOCIlIlIod in PIoIIlook S, ..... 19. of tile PablJc ~ or Collier ColmIy. Plor!dI, _ pMiculaly _ribod u fol1owl: IleJinDlna II the lOIIIheulady _ of LoI33. BlocIl F or aid 1'Innd1"l1d IIIea Scamd AddIIi-.; ..... S 15011' 20" B 390,481ilot; tIleaoo S TZ' 15' 19" B IZUMI Iilot; tIleaoo 8 13" SO' 44" E 110.00 1llCl1ll lIIIlOUIlerIy bouadory IlDe or..d TIKI I; tbmoo 28,70 ... oJ... the ... or. olmalar curve CCIflOIW 10 tile IIOI'lhwCll, ndlua of 100.00 lbot, dHmI bcoriua N "" 23' 18" B Z8,60 feet; Ihence N 43"10' 00" B W.OO feel; I1Ionce N II" 20' ZO" B 381.83 ICII; Ihence 87.47 rOCl Ilona the IJI: or. circular cane coar:aw 10 the IlltIIhwoat, ndl1lt of SO,OO feet, chord '-iDr N 3,. 46' 41.5" W 76,74 fiool; IlIeace N .7" S]. 43" W 66.88 foot; tbmoo 162.<41 feet aJ...1blI1JI: of. cirouIu curve _VI to the ....-..1IdiuI of I36S,08 filol, chord buriq S 18" 41' 47" W 16Z,31 fiool; IIIeac:e 8 IS" 17' IT' W 20l.SZIilot; tIleaoo N II"IZ' ol-3"W 17,42 feetlolbalOllllwrlyriabl.of.way line orpllmA~ theDce S 15" 17' 17" W 10,28,. Ihence S 74"49' IZ" W 60,01 fie! 10 the -~llll ...... or laid Lot 33, 1lIocI< P: Ibcnco S 18" 12' 43" B96," fieI;~.""ofnidLol33. BlockFond the Place orbePmln.. .. .. .. C) ::0 ..... c..n ...... ClC> , .. PII'Cd ..DIll.. ,.21 ...... IIIOI'll or 1_ ...... co r-.> en .. .. .. s.lDp IIIl baled on ~ IIlown in PIal Book 8, Pqe I 9 of the PubU. a-dI of Colli.. Couaty, PIorida. POOR QUALITY ORIGINAL