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